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Zoning board approves fence setback variance at 2982 Western Avenue

Highland Park Zoning Board of Appeals · May 7, 2026
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Summary

The Highland Park Zoning Board of Appeals unanimously approved a variance allowing a 4-foot aluminum fence to encroach 25 feet into a subdivision building line at 2982 Western Avenue, citing corner-lot hardship and minimal neighborhood impact.

The Highland Park Zoning Board of Appeals on May 7 approved a variance allowing a 4-foot aluminum fence at 2982 Western Avenue to encroach into a subdivision building line.

The board heard from Anthony Mistretta, a planner with the Community Development Department, who described the request as relief to “encroach the required subdivision building line of 25 feet along Old Trail Road by 25 feet for a 4-foot tall aluminum fence.” Applicant Dominic Cherone told the board the fence would sit inside an existing tree and shrub line on his corner lot and said he wanted a barrier to prevent people and pets from entering his yard: “This is my lawn, so please don't cross into it.”

The board reviewed the Chapter 150 standards for variations, focusing on reasonable return, unique circumstances and material detriment. Cherone argued the corner-lot configuration and an historic subdivision building line—established decades ago—left him with a practical hardship and that a transparent 4-foot fence would not harm sightlines or light. Several board members said the fence would be consistent with neighborhood patterns and the tree buffer would minimize visibility.

A board member moved to approve the order as drafted and a second was recorded. The roll-call vote recorded all members present voting in favor; the motion carried.

The approval allows the fence to be located inside the property’s tree line and to encroach into the subdivision building line where it abuts Old Trail Road. No departmental objections were reported during the staff presentation and the board emphasized the limited height and transparency of the proposed fence as factors in its decision.

The board then moved to the next docketed item.