McLean County Times

Town of Normal Zoning Board of Appeals met June 15.

Here are the minutes provided by the board:

Members Present:

Ms. Brand, Mr. Coates, Mr. Palmgren, Mr. Queen, Mr. Anderson

Members Absent:

Mr. Schaab, Mr. Blakney

Others Present:

Director of Inspections Greg Troemel, Town Planner Mercy Davison, Associate Planner Tessa Ferraro, Assistant Corporation Counsel Kevin Sheahan, Office Associate Hilary Houk

Call to Order:

The meeting was called to order at 5:00 p.m. by Chairman Anderson and he noted a quorum was present.

Approval of Minutes:

Ms. Brand moved to approve the minutes of the regular meeting of April 20, 2023. Mr. Palmgren seconded the motion. The minutes stood as written.

Public Hearing:

a. 23-06-10-V: Variance to permit a six-foot fence along the corner side yard at 901 N. Fell

Ms. Ferraro reviewed the staff report. 901 N Fell is in the 10th Addition to the Town of Normal and was built in 1957. The parcel is a corner lot with the front yard facing Fell Avenue, and the corner side yard facing Gregory Street. The applicant replaced their 4’ chain-link fence along the corner side yard, rear yard, and side yard with a 6’-tall wood, privacy fence. In the application, the applicant cites numerous incidents that prompted them to quickly install a 6’-tall fence, including safety concerns for their children and dogs.

Section 15.4-5(C)(2) of the Zoning Code requires the maximum height of a fence in the corner side yard to not exceed four feet where the yard adjoining the corner side yard is a front yard. The corner side yard at 901 N Fell is adjacent to the front yard of 204 Gregory Street, adjacent to the west, thus a variance is required to construct a 6-foot-tall fence.

After analyzing the request town staff recommended denial of the variance.

Jerry Klinkner, 903 N Fell Ave, Normal, IL, was sworn in by Chairman Anderson. Mr. Klinkner stated that him and his wife reside at the property adjacent to 901 N. Fell Ave. One of the reasons the fence was installed at 901 N. Fell was to block the owners’ dogs from barking at people that pass by. They had the best interest of neighbors in mind when it was put there, which should be taken into consideration. Mr. Klinkner believes the fence is fine where it is and has seen several others just like it in the neighborhood.

Brittany Scybert, 901 N Fell Ave, Normal, IL, was sworn in by Chairman Anderson. Ms. Scybert stated that in their neighborhood there are multiple fences just like theirs. She does not believe it is out of harmony for the neighborhood. They have owned the property for less than a year and have experienced several things that have resulted in the police being called. Examples include passersby pouring beer on their dogs, physical threats, smoking cannabis, strangers reaching over the 4ft fence to touch their dogs, and trying to play with their children. The new privacy fence gives their dogs and children the opportunity to be able to enjoy the yard safely.

Brian Scybert, 901 N Fell Ave, Normal, IL, was sworn in by Chairman Anderson. Mr. Scybert thanked everyone for their time and reviewing the variance.

Ms. Brand asked staff if they have heard from the neighbor that has the fence along their front yard.

Ms. Ferraro responded that staff became aware of the fence from a complaint, but she was unaware as to where the resident resided.

Ms. Brand asked if the owner of the property would have received a postcard stating that a hearing was taking place.

Ms. Ferraro responded yes, and there have been signs posted on the property for a week. Ms. Brand asked if anything has since been heard from the neighbor.

Ms. Ferraro responded staff have not heard anything.

Mr. Palmgren asked if the fence is not approved what will happen to it.

Mr. Troemel responded that if it is the board’s decision to deny the request, the owners would have the option to lower the fence.

ZONING BOARD MINUTES 3 July 15, 2023

Mr. Troemel shared some background information, noting that there are 6-foot fences adjacent to front yards in various parts of the community that were installed 10-12 years ago. The code has been updated since those fences were installed.

Mr. Anderson asked if the call to the police department had been verified by staff. Mr. Troemel responded that he could not confirm a call had been made.

Ms. Brand stated that she was in favor of approving the variance. The owners have small children, dogs, and a busy street. They had several issues with the 4ft fence in place, which makes the 6ft fence a good solution.

Mr. Anderson stated that there have been several issues in the 7 months that they have owned the home.

Mr. Queen was inclined to recognize the variance request as well for the same reasons that were stated.

There was a long discussion regarding the staff findings and decisions process.

The finding and decisions were amended to state that the 6-foot fence is in harmony with the R-1 zoning district and not injurious to nearby property owners, that the property cannot yield a reasonable return unless the fence variance is granted, and that there are unique circumstances related to the pets, small children, and interactions with passersby.

Ms. Brand moved, second by Mr. Coates to adopt the finding and decisions as currently amended.

Ayes: Mr. Coates, Mr. Queen, Mr. Palmgren, Ms. Brand, Mr. Anderson

Nays: None.

The motion carried 5-0.

Other Business:

Mr. Coates was welcomed to the board. There will be a July meeting.

Adjournment:

The meeting was adjourned at 5:45 p.m.

https://www.normalil.gov/ArchiveCenter/ViewFile/Item/4694