Wheeling board denies amendment to fence variance at 157 West Jeffrey after resident seeks to add new evidence

At its May 4 meeting, the Wheeling Village Board voted to deny an amendment to ordinance No. 5696 that would have altered an approved front-yard fence at 157 West Jeffrey. The roll call vote on the motion to approve the amendment was recorded as all trustees voting "No," leaving the prior ordinance and its angled fence condition in place.

The item arose after the petitioner modified a previously approved fence. Community Development Director Mr. Clicker told the board the fence had been inspected and approved under the original ordinance in November 2024 but was later altered, triggering an enforcement process and the petitioner’s request to amend the ordinance to reflect the modified fence. "This is a request to amend an existing variation...the fence was constructed, inspected and approved in compliance with the ordinance," Mr. Clicker said during his explanation.

A nearby resident identified in the record as Mr. Khan asked the board to consider additional material — medical records and photographs — that he said showed family safety concerns and a history of a child falling from the originally approved angled fence. "I did email Marcy a week prior...I have documentation of those dates," Mr. Khan told the board, asking that the board either accept the new evidence or remand the matter back to the plan commission for a new hearing.

Board members discussed their options. Mr. Clicker advised that the board could either rule on the record as it stood or remand the docket to the plan commission for further consideration of newly offered material. Trustee Krueger emphasized the safety rationale behind the original condition: "Sight lines for safety in pulling out of driveways...it's important to have that sight line for pedestrians, traffic," she said.

After discussion, the board voted to deny the proposed amendment. The plan commission had recommended denial at its April 22 hearing, and the Village Board’s vote upheld that recommendation. Trustees stated that if the petitioner wished to comply with the existing ordinance they could restore the angled section to satisfy the original condition.

Because the board declined to accept the newly offered evidence into the record, the practical next steps are for the petitioner to either restore the fence to its approved configuration or seek a remand and new public hearing through the plan commission. The board moved on to other agenda items and recessed the meeting for an executive session later in the evening.

(Proof: Village of Wheeling Board meeting, May 4, 2026.)