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Council grants temporary fence variation at 950 Barlena Road to secure yard for family with severely autistic adult
Summary
Council approved a 15-foot encroachment for a 6-foot privacy fence at 950 Barlena Road with conditions, allowing the family space to supervise and provide activities for their 22-year-old nonverbal, severely autistic relative; the variation terminates if the homeowners sell.
The Crystal Lake City Council on May 19 approved a variation allowing a 6-foot privacy fence to encroach 15 feet into the required 30-foot side-yard setback at 950 Barlena Road, with conditions that the variation terminates if the petitioners no longer own the property.
Caroline Bashur, representing her sister’s family, asked the council to permit the larger fenced area for her 22‑year‑old nephew, whom she described as "severely autistic, level 3, nonverbal" and who "is like a 1 year old in the body of a 22 year old." She said the family needs a flat usable outdoor area for supervised activities and therapy equipment and that many nearby neighbors (18 of 20) signed in support. "This is his little jail," Bashur said, describing the enclosed outdoor space as essential for the family's safety and the nephew's ability to expend energy.
Planning staff explained the petition had been revised from a 25-foot encroachment to a 15-foot encroachment after the Planning & Zoning Commission denied the earlier request 3–1; staff and council described neighborhood examples of existing nonconforming fences and noted the property’s drainage and slope constraints. Council members discussed limiting the long-term precedent for nonconforming fences and whether the approval should include time‑limited or ownership‑based conditions.
Council approved the variation on a motion, with conditions listed in the staff report: the fence must be consistent with testimony and submitted plans, comply with Unified Development Ordinance section 4‑700(b) (fences, walls and screening), address review comments from community development and public works, and include a specific termination clause stipulating the variation ends when the petitioners no longer own the residence at 950 Barlena Road. Council members emphasized the family context while also noting the city’s interest in limiting nonconforming features over time.
The approval allows the family to construct the fence under the stated conditions; if the fence later falls into disrepair or the property changes hands, the nonconforming condition would be subject to UDO requirements and possibly additional review.
