title
O R D I N A N C E
Zoning Petition ZONING-24-000080 Ellis
resolution
WHEREAS, a public hearing was held on December 4, 2024 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
Variation to increase the height of a new shed from permitted 15 feet to approximately 18 feet, on the property hereinafter described:
LOT 5 IN ANNA SARGENT MACK’S ADDITION TO OAK LANE, A SUBDIVISION IN THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1967, AS DOCUMENT R67-35246, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on January 15, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner that the subject zoning relief is to increase the height of a new shed from permitted 15 feet to approximately 18 feet.
B. That petitioner testified that their current shed is deteriorating and that they would like to replace their current shed with a new, Costco kit shed that is approximately eighteen (18) feet in height, that would meet all required setbacks.
a. That petitioner testified that they would install a concrete pad for the proposed new shed.
C. That petitioner testified that they require additional storage on the subject property for a motorcycle and household accessory items, and that they would be able to store all of their items safely and securely with a slightly taller shed.
a. That petitioner testified that they have limited storage space on the subject property.
b. That petitioner testified that the increased height would allow them to store additional household accessory items in the proposed shed.
D. That petitioner testified that rather than expanding the footprint of the shed, they would prefer to have a shed three (3) feet higher than what is permitted in order to not impact additional greenspace on their property.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty, as petitioner testified that they have limited storage space on the subject property and that they would like to replace the current, dilapidated shed with a new shed that is three (3) feet higher than the permitted fifteen (15) foot height.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Variation is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development.
2. That the Zoning Hearing Officer finds that petitioner has demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed shed will meet all required setbacks and will only be three (3) feet higher than the permitted fifteen (15) foot height for sheds, and therefore the proposed shed will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit for the proposed shed and that it will be built pursuant to the current building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed shed will replace a deteriorating shed and that the proposed shed will be an added benefit to the neighborhood and will not diminish the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed shed will be located in the rear of the subject property and therefore will not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed shed will not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed shed will not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed shed will not impair the public health, safety, comfort, morals, or general welfare and will be an added benefit to the neighborhood.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-24-000080 Ellis |
|
ZONING REQUEST |
Variation to increase the height of a new shed from permitted 15 feet to approximately 18 feet. |
|
OWNER |
MACKENZIE AND ADAM ELLIS, 29W118 OAK LANE, WARRENVILLE, IL 60555 |
|
ADDRESS/LOCATION |
29W118 OAK LANE, WARRENVILLE, IL 60555 |
|
PIN |
04-27-203-012 |
|
TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
|
ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
|
AREA |
0.69 ACRES (30,056 SQ. FT.) |
|
UTILITIES |
WELL/SEPTIC |
|
PUBLICATION DATE |
Daily Herald: NOVEMBER 19, 2024 |
|
PUBLIC HEARING |
WEDNESDAY, DECEMBER 4, 2024 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “The building code prohibits vehicle storage in a shed.” |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
No Comments Received. |
|
Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
“DPC PW doesn’t own any sanitary sewer or water mains in the area.” |
|
EXTERNAL: |
|
|
City of Warrenville: |
No Objection. “The City of Warrenville does not have comment for this case.” |
|
City of West Chicago: |
No Comments Received. |
|
City of Naperville: |
No Comments Received. |
|
Winfield Township: |
No Comments Received. |
|
Township Highway: |
Our office has no jurisdiction in this matter. |
|
Warrenville Fire Dist.: |
No Objections. |
|
Sch. Dist. 200: |
No Comments Received. |
|
Forest Preserve: |
“We do not have any comments.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Height: |
15’ |
NA |
APPROX. 18’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
South |
OAK LANE AND BEYOND R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-2 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on January 15, 2025, recommends to approve the following zoning relief:
Variation to increase the height of a new shed from permitted 15 feet to approximately 18 feet.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000080 Ellis dated December 4, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZHO Recommendation to Approve
WHEREAS, the County Board Development Committee on February 4, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to approve the following zoning relief:
Variation to increase the height of a new shed from permitted 15 feet to approximately 18 feet.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000080 Ellis dated December 4, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to increase the height of a new shed from permitted 15 feet to approximately 18 feet, on the property hereinafter described:
LOT 5 IN ANNA SARGENT MACK’S ADDITION TO OAK LANE, A SUBDIVISION IN THE NORTHEAST ¼ OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1967, AS DOCUMENT R67-35246, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000080 Ellis dated December 4, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; MACKENZIE AND ADAM ELLIS, 29W118 OAK LANE, WARRENVILLE, IL 60555; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 11th day of February, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK