Waukegan commission denies request to keep six‑foot privacy fence in corner side yard

The Waukegan Planning and Zoning Commission voted June 11 to deny a variance that would have allowed a six‑foot privacy fence in the corner side yard at 2711 Navajo Road. The standard in the city code for corner side yards is generally a 4‑foot height limit to preserve sightlines.

Staff told commissioners the property was cited in December 2023 for fence construction without permits; a retroactive permit application followed and was denied because documentation of compliance was not in the record. Staff said aerial photographs in the agenda show the fence footprint and clarified that only the small corner segment (roughly nine feet) is the subject of this variance request; the remainder of the privacy fence in the backyard is allowed by right with a permit.

A neighbor directly behind the fence, Lennis Forester, testified that a six‑foot fence carried toward the street would block driveway sightlines and create safety risks for drivers and pedestrians. Forester told the commission, "There's no way we could allow a 6ft fence to go to the street," and said visibility from driveways had been impaired by the existing fence configuration.

The applicant's representative, Larry Brostston, said he was helping coordinate because the owner was out of state. Staff confirmed that if the variance were denied the case would continue through adjudication and the owner would need to modify the fence to meet code. Commissioners debated the local safety rationale for the 4‑foot rule and examined photos that show vegetation taller than six feet near the street, but concluded the code standard should prevail in the corner side yard.

A motion to deny the variance (zoning calendar 2829) carried on roll call: Haynes — yes; Young — yes; Carlos — yes; Shepard — no; Hog — yes; Bill — yes. As a result the owner must modify the noncompliant portion of the fence to meet the code or proceed with the enforcement/adjudication process.