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DuPage zoning hearing: Mark Tucker seeks zero setback at northwest corner to finish side-yard fence
Summary
Mark Tucker asked the DuPage County hearing officer for a zero-setback exception at a single corner on his Pheasant Court property so a new fence can connect to a neighbor’s post; the hearing was taken under advisement and the petitioner must submit a revised site plan before the August development committee meeting.
Mark Tucker, who identified his address as 26 W070 Pheasant Court, asked the DuPage County hearing officer on June 25 for a variance effectively allowing a zero-inch setback at a single point on his northwest rear lot line to tie a new fence into his neighbor’s post.
Tucker said he already has an approved building permit for the fence run that is three inches from the west lot line for most of its length but that one corner would require relief because of a concentration of underground utility cabling and above-ground utility poles in the northwest corner. “It’s this massive amount of underground cabling that I think creates for me a unique hardship when it comes time for me to install a fence post in this corner,” Tucker said.
The petition record lists a lot size of about 0.29 acres and shows a site plan and survey as exhibits. Tucker said he initially took out the permit without the variance because he wanted to finish the work; the building permit office, he said, would not approve a permit that shows a fence encroaching across a lot line.
The hearing officer pressed Tucker for a precise record: the officer asked the petitioner to revise the site plan to show exactly how many feet, if any, of the west lot line would have a zero-inch setback. Tucker clarified that “there will be a point where I will have a 0 setback, and it will be a single point on my rear lot line,” and that the remainder of the west-side fence would meet the three-inch code setback.
No third-party objections were on the record. The hearing officer said the DuPage County Development Committee will not consider any decision on this petition until its first meeting after the hearing, scheduled for Aug. 6, and instructed Tucker to submit a revised site plan. The officer took the matter under advisement.
Tucker said he expects to begin construction in mid-August if approvals are obtained. The petition had been published in the Daily Herald on June 25, 2024, and the record includes the site plan and the survey.
The hearing did not produce a final determination; the hearing officer will issue a written decision and the petitioner must submit a revised site plan before any county development committee review.
