Fence approved in drainage easement with 4‑inch clearance; owners told encroachment agreement required

The Plan Commission approved a zoning permit for Justin and Elizabeth Rundle to install a six‑foot privacy fence along the rear of their Brookhollow subdivision lot, allowing the fence to encroach into a public drainage easement with a required field condition and an amendment reducing the requested clearance above grade to 4 inches.

Staff summary and code background Jordan (village staff) explained the property is encumbered by a 20‑foot storm drainage easement along the rear property line and a 10‑foot storm sewer easement on the south side. The village code allows the Plan Commission to authorize fences within drainage easements if the encroachment will not materially interfere with drainage flow and, for subdivisions, if the homeowners’ association consents in writing. Jordan also noted Brookhollow’s HOA is not active, so the HOA requirement does not apply.

Applicant’s proposal and discussion The Rundles proposed a solid six‑foot white privacy fence around the rear yard as part of an in‑ground pool installation. Jordan said staff preferred a more “open” fence design (for example, picket or wrought iron) inside the drainage swath to avoid impeding flow, which would avoid a costly stormwater analysis required in an earlier similar case. The homeowners said they planned posts without concrete footings and that fence slats could be removed or swapped if a maintenance need arose. They told commissioners the pool was scheduled to be installed the following week.

Change and approval Commissioners debated clearance above grade. After discussion and a motion to change the clearance requirement from 6 inches to 4 inches above grade, the amended motion passed on voice vote. The village engineer recommended that if the encroachment is permitted an encroachment agreement be executed to hold the property owners financially responsible for future maintenance or removal if needed.

Administrative notes Because the Brookhollow HOA is inactive, the code requirement for HOA consent is moot; staff said the alternative HOA requirement (neighbor signatures) would not apply in this circumstance. The approval included the standard condition that an encroachment agreement be drafted and recorded or otherwise secured prior to or as part of issuance of the zoning permit.

Ending The Rundle fence permit was approved with the 4‑inch clearance and subject to documentation and an encroachment agreement; the owners said they could modify the fence if drainage flow becomes an issue.