Zoning Petition ZONING-25-000060 Savenok
WHEREAS, a public hearing was held on October 15, 2025, 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 for a recreational apparatus in front of my house in DuPage County.
on the property hereinafter described:
THE SOUTH HALF OF LOT 45 IN GIBON’S AND NEPIL’S JEWELL ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 7, 1923 AS DOCUMENT 167355, 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 November 5, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the recreational apparatus is a basketball hoop. The petitioner would like to keep the basketball hoop for their children to play basketball with.
B. That petitioner testified that the house was built in 2017 and they purchased the property in 2021. That petitioner testified that the recreational apparatus has been on the property since they purchased the property in 2021.
C. That petitioner testified that the recreational apparatus is permanently affixed on concrete located to the side of the driveway. The petitioner testified that the location of the basketball hoop is indicated by an X on the site plan.
D. That petitioner received a violation notice for the basketball hoop and is asking for zoning relief to bring the recreational apparatus into compliance.
E. That the Zoning Hearing Officer finds that petitioner has not demonstrated sufficient evidence for a practical difficulty or particular hardship in relation to the subject zoning relief for a Variation for a recreational apparatus in front of my house in DuPage County.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not 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 not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated that the recreational apparatus does 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 not demonstrated that the recreational apparatus does not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the recreational apparatus does 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 not demonstrated that the recreational apparatus does not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated that the recreational apparatus does not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated that the recreational apparatus does 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 not demonstrated that the recreational apparatus does not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-25-000060 Savenok |
|
ZONING REQUEST |
Variation for a recreational apparatus in front of my house in DuPage County. |
|
OWNER |
DAVID & TAMERA SAVENOK |
|
ADDRESS/LOCATION |
0N127 NEPIL AVE, WHEATON, IL 60187 |
|
PIN |
05-08-309-011 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU PER ACRE |
|
AREA |
0.28 ACRES |
|
UTILITIES |
WATER / SEWER |
|
PUBLICATION DATE |
Daily Herald: OCTOBER 1, 2025 |
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PUBLIC HEARING |
OCTOBER 15, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
Objects. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Comments Received. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in this area.” |
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EXTERNAL: |
|
|
City of Wheaton |
No Comments Received. |
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City of Winfield |
No Comments Received. |
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Village of Carol Stream |
No Objection. |
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Milton Township: |
No Comments Received. |
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Milton Township Highway: |
Objects / have concerns with the petition. “Need more information on the placement of the recreational apparatus.” |
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Winfield Fire District: |
No Comments Received. |
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Sch. Dist. 200: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
LAND USE:
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-4 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 November 5, 2025, recommends to deny the following zoning relief:
Variation for a recreational apparatus in front of my house in DuPage County.
ZHO Recommendation to Deny.
WHEREAS, the County Board Development Committee on November 18, 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 for a recreational apparatus in front of my house in DuPage County.
Development Committee VOTE (Motion to Approve): 5 Ayes, 0 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation for a recreational apparatus in front of my house in DuPage County.
on the property hereinafter described:
THE SOUTH HALF OF LOT 45 IN GIBON’S AND NEPIL’S JEWELL ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 7, 1923 AS DOCUMENT 167355, IN DUPAGE COUNTY, ILLINOIS; and
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; PROPERTY OWNER; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
Enacted and approved this 25th of November , 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK