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O-67-25 Granting a Variation to Section 17.12.030 of the Lemont Unified Development Ordinance to Allow an Eight-Foot Fence for the Oak Tree Homeowner Association0 -2, 418 Main Street I Lemont, IL 60439 TO: Village Board Meeting FROM: Jamie Tate, Community Development THROUGH: Jason Berry, CEcD, AICP, Economic & Community Development Director SUBJECT: An Ordinance Granting a Variation to Section 17.12.030 of the Lemont Unified Development Ordinance to Allow an Eight -Foot Fence for the Oak Tree Homeowner Association DATE: December 8, 2025 SUMMARY/BACKGROUND The Oak Tree Homeowners Association (HOA) is requesting a variation to replace the existing six-foot rear -yard privacy fence along Archer Avenue with an eight -foot cedar fence in the same location. Section 17.12.030 of the Unified Development Ordinance (UDO) establishes a maximum six-foot fence height in residential zoning districts. The subdivision is zoned R-4 Detached Single -Family Residential, and the fence is located within the HOA-maintained landscape easement that provides screening between the neighborhood and the Archer Avenue corridor. ANALYSIS Comprehensive Plan The Lemont 2030 Comprehensive Plan identifies the Oak Tree Subdivision as Infill Residential (INF). Planning & Zoning Commission (PZC) The PZC held a public hearing on November 5, 2025 to consider the HOA's request to increase the rear -yard fence height along Archer Avenue. After discussion, the PZC voted 7-0 to recommend approval of the variation with conditions incorporated into the attached ordinance. Committee of the Whole (COW) The proposed variation was presented and discussed at the COW meeting held on November 17, 2025. Consistency with Village Policy Lemont 2030 Comprehensive Plan STAFF RECOMMENDATION Staff recommends approval of the attached ordinance. BOARD ACTION REQUESTED A motion to approve the attached ordinance. ATTACHMENTS Ordinance Granting a Variation to Section 17.12.030 of the Lemont Unified Development Ordinance to Allow an Eight -Foot Fence for Oak Tree Homeowners Association VILLAGE OF LEMONT ORDINANCE NO. r AN ORDINANCE GRANTING A VARIATION TO §17.12.030 OF THE LEMONT UNIFIED DEVELOPMENT ORDINANCE TO ALLOW AN EIGHT -FOOT FENCE FOR THE OAK TREE HOMEOWNERS ASSOCIATION (Oak Tree HOA) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 8th DAY OF DECEMBER, 2025 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this 8th day of December, 2025. ORDINANCE NO. 1i AN ORDINANCE GRANTING A VARIATION TO §17.12.030 OF THE LEMONT UNIFIED DEVELOPMENT ORDINANCE TO ALLOW AN EIGHT -FOOT FENCE FOR THE OAK TREE HOMEOWNERS ASSOCIATION (Oak Tree HOA) WHEREAS, the Oak Tree Homeowners Association (HOA) ("Petitioner") is the owner of the subdivision's perimeter barrier fence located within the ten -foot (10') landscape easement along Archer Avenue and situated on the following properties, as listed in the Petitioner's application (Attachment A): • 12176 Oak Tree Lane (PIN 22-27-204-001-0000) • 12137 Oak Tree Lane (PIN 22-27-205-007-0000) • 12115 Oak Tree Lane (PIN 22-27-205-020-0000) • 13701 Oak Tree Lane (PIN 22-27-204-019-0000) • 13752 Oak Tree Lane (PIN 22-27-205-001-0000) • H 995 Holly Court (PIN 22-27-205-003-0000) • 12003 Holly Court (PIN 22-27-205-004-0000) • 12031 Holly Court (PIN 22-27-205-005-0000) • 12047 Holly Court (PIN 22-27-205-006-0000) • 12059 Holly Court (PIN 22-27-205-007-0000) • 12073 Holly Court (PIN 22-27-205-008-0000); all of which are collectively referred to as the "Subject Property"; and WHEREAS, the Petitioner has applied for a variation from § 17.12.030, Fences in R Districts, of the Lemont Unified Development Ordinance ("UDO") to allow an eight -foot (8') red cedar fence to replace the existing six-foot (6') fence along Archer Avenue, as depicted in Exhibit B; and WHEREAS, the existing fence is approximately 1,726 feet in length and located entirely within a landscaped easement maintained by the HOA, and the HOA's governing documents authorize the repair and replacement of subdivision fencing with a two-thirds (2/3) membership vote, which the Petitioner obtained as documented in the application materials; and WHEREAS, the Lemont Planning and Zoning Commission conducted a public hearing on the request on November 5, 2025, and voted 7-0 to recommend approval of the requested variation with conditions incorporated into this ordinance; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and was published in the Daily Smithtown, a newspaper of general circulation within the Village; and WHEREAS, the Village President and Board of Trustees have reviewed the matter herein and have determined that the requested variation is in the best interest of public health, safety, and welfare of the residents of the Village of Lemont, and hereby adopts the finding of facts as set forth in Exhibit C. NOW, THEREFORE BE IT ORDAINED by the Village President and Board of Trustees of the Village of Lemont, Counties of Cook, DuPage, and Will, Illinois as follows: SECTION ONE: Recitals. The foregoing findings and recitals are hereby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION TWO: Variation Approval. A variation is hereby granted from § 17.12.030 of the Lemont Unified Development Ordinance to allow the installation of an eight -foot (8') red cedar fence within the existing ten -foot (10') landscape easement along Archer Avenue, replacing the existing six-foot (6') fence, substantially in accordance with the materials submitted by the Petitioner and incorporated herein. SECTION THREE: Conditions. The variation granted herein is subject to the following conditions: 1. The fence shall match the design and quality described in the HOA's fence replacement agreement. 2. The fence shall be installed entirely within the existing 10' landscape easement. 3. All required building permit(s) shall be obtained prior to construction. 4. The height of 8-feet shall apply only to the portion of the fence located along the rear property line adjacent to Archer Avenue. Any other fencing on the property shall comply with the UDO's 6-foot height limit and all other applicable provisions of the UDO. 5. The existing vegetation along the Archer Avenue frontage shall be maintained to preserve the established visual buffer. Removal or significant thinning shall require replacement plantings to maintain comparable screening and coverage. SECTION FOUR: The Village Cleric is directed to publish this Ordinance in pamphlet form in accordance with applicable law. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. ADOPTED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 811 day of December, 2025. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Samuel J. Forzley Janelle Kittridge ,s Ken McClafferty Kevin Shaughnessy Rick Sniegowski Ron Stapleton JOHN EGOSKE, Village President At st: � �r CHARLENE M. SMOLLEN, Village Clerk OF EAL fin d%5 EXHIBIT A Application Materials (including property list) Oak Tree Homeowners Association - Attachment A PROPERTY INFORMATION Address of Subject Property/Properties 12176 Oak Tree Lane 12137 Oak Tree Lane 12115 Oak Tree Lane 13701 Oak Tree Lane 13752 Oak Tree Lane 11995 Holly Court 12003 Hotly Court 12031 Hotly Court 12047 Hotly Court 12059 Holly Court 12073 Hotly Court 22-27-204-001-0000 22-27-205-007-0000 22-27-205-020-0000 22-27-204-019-0000 22-27-205-001-0000 22-27-205-003-0000 22-27-205-004-0000 22-27-205-005-0000 22-27-205-006-0000 22-27-205-007-0000 22-27-205-008-0000 Each of the above properties are within Oak Tree subdivision and the subject barrier fence is generally contiguously located on a landscape easement across these properties. Parcel Identification Number of Subject Property/Properties See above Size of Subject Property/Properties N.A. Oak Tree Homeowners Association - Attachment B DESCRIPTION OF REQUEST The Oak Tree Homeowners Association wishes to remove its existing six (6) foot high barrier fence and replace it with an eight (8) foot high red cedar fence. The members of the association have approved this Variation Application by a 2/3 majority vote as required by the Association's bylaws. The planned fence is described in the agreement (included here) between Oak Tree Homeowners Association and America's Backyard for the removal of the existing 1,726 foot long six (6) foot high barrier fence along Archer Avenue and replace it with an eight (8) foot high red cedar fence in the late fall of 2025. ' Ikeplacernent of the Archer Avenue fence — Fall of 2025 1\Take down all 1726'ofexisting 6'red cedar fence and haul away. 2\Drill 4D"deep holes, 8'oncenter and haul extra dirt away. 3) Provide and install 12' 16ga. Galvanized steel posts in cement. Post Master or comparable. 4\Provide and install 172G'Ofred cedar fencing. 5\Provide and install 4-2x4-D cross bracing for each section, G"x8'red cedar board onboard fencing; privacy traditional style including 4" x 8' top cap. 6\Provdeand instaUa2O'x8'stae�fnanoeden`ergenuygate vv�hheavy duty hinges and drop rods. Using --same 5"x8'red cedar pickets, Posts for gate tobe6x6'1Z'galvanized square steel cemented at least 4O"inthe ground. 7)America's Backyard t0obtain building permit from village ofLemont, Any associated fees tnbepaid by the OTHA. 8) OTHA will provide Plat of Survey, if needed. 9)0HA will obtain variance from The Village of Lemont for installation ofan8-foot-high fence. —Pending contingency. Assurance from Lemont Village Zoning officials that the variance will be approved. lO\The agreed upon price for the fence described above Is: $Q05Q8for 8-fox)t-highfence described above. $ 65,588 if a 6-foot-high fence is installed because the variance request is not approved. OTA4board members - Steve Fnti , Chy'SF»ti Don Wesolowsid America's Jim Ke eW PROOF OF OWNERSHIP The Oak Tree Homeowners Association Declaration and bylaws is included in providing proof of ownership of the subject fence. The document is duly registered with Cook County as is noted on the face page. Pa es 11 and 12 of the Declaration and specifically to: Article IV Homeowners Association Section 4.05 b) 3) Powers of the Association Sub -section 4.05 b) describes the Association's power "To maintain and make necessary repairs as my be authorized from time to time by the affirmative vote of two-thirds of the members of het Association acting in accordance with its constitution and bylaws:....:' Sub -section 4.05 b) 3) To the subdivision fencing and landscaping, both within the ten (10) foot landscape easement along Archer Avenue (Lots 1, Outlot D, 40,39,27,26,25,24,23,22,20, and 19)." This is what determines that the fence is owned by the Association, which in turn is comprised of 40 property owners. Variation Criteria Worksheet The Unified Development Ordinance has adequately provided needed noise abatement for theme mbers of the Oak Tree Subdivision forma ny years, however, today the physical surroundings at this location result in a specific hardship. The automobile traffic, large truck traffic, and the speeds used by all vehicles along this section of Archer Avenue have increased in recent years to the detriment of the families living in the subdivision. Of note, enjoyment in the use of outdoor spaces has deteriorated significantly. The conditions upon which the petition for variation is based would not be applicable, generally, to other property as this major thoroughfare is managed differently than it, and other similar roadways, are managed elsewhere in Lemont. These hardships have not been created by the members of the Oak Tree Homeowners Association, rather they have been created by population growth and increased economic activity in Lemont and in the area around Lemont, and decisions made by governmental authorities to allow the types of vehicles and the speeds they use at this location. The granting of the variation for the higher fence height will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the subject property is located. The subject fence is not adjacent to the property of the associations only neighbor, Cog Hill Golf Course, and is visible for approximately 80 feet only, at the west side of the Cog Hill main entrance from Archer Avenue. A large percentage of the fence is not visible from the Archer Avenue side due to the large amount of vegetation in the space between the north-west side of the roadway and the Landscape Easement where the fence resides. The variation will not impair an adequate supply of light and air to adjacent properties, or increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or diminish or impair property values withing the neighborhood. The Lemont Township Assessors' office has informed the Association that fences or changes to fences do not factor into a given property assessed valuation. Regarding UDO Section 17.04.150.D.1.a - The requested variation is in harmony with the general purpose and intent of the Unified Development Ordinance. The higher fence will be of the same construction and quality as that of the current fence. The additional two feet of height will be similar in appearance while providing needed additional noise abatement capability. Regarding UDO Section 17.04.150.D.1.b - Archer Avenue is a high traffic thoroughfare, with what is one of the highest, if not the highest, speed limits next to a Lemont residential neighborhood. This makes the plight of the owners due to unique circumstances and thus strict enforcement of the Unified Development Ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district. Regarding UDO Section 17.04.150.D.1.c - As the planned fence will be almost completely hidden from view by vegetation from people passing by on Archer Avenue and hidden by plantings on Oak Tree resident property the variation wit[ not alter the essential character of the locality and will not be a detriment to adjacent property. EXHIBIT B Plat of Subdivision with Easement Location 9M z O �� � � V♦ � \3 g aaaa��a� aaotl w W--m o;;, LLRes5� AL IT i` 1p 'e MORC v g • At I .� n.� (' it q? \..__ r-11�0 __. .__- • -• •__�___ _'•� 1 r a ;i� >r R , — — r — — — \ KAir�tUA .NB♦ ' Hb0 ,4 12 i � 1 ,-.raa,rou»a +o .�r iNwrtr�r°t wu p v, tsn w a sn iw , uae� �� ,r-u Arar. a .n +m.,.m� ,»�za +,. ,r}..(. a(Veyn •er u•r tw c N m.°Y/itlp 100vw do e0VT ax ab tL. •� 1 I'd ,x .y,ut-•� MW31 sa d� up — A 4" s l �.ru+•ry • .41n�r�e rs, r uG EXHIBIT C FINDINGS. Based upon the evidence and testimony presented during the public hearing, the Lemont Village Board of Trustees finds the following: 1. The Lemont 2030 Comprehensive Plan's future land use map designates the subject area as Infill Residential (INF). 2. The subject property is within the R-4 zoning district, where fences are permitted accessory structures. 3. The requested variation was found to adequately meet the standards for granting variations within the Unified Development Ordinance.