title
Zoning Petition ZONING-23-000092 Seoles
resolution
WHEREAS, a public hearing was held on December 6, 2023 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:
Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft., on the property hereinafter described:
OF LOT 14 IN BLOCK 2 IN BRANIGAR’S MEDINAH TERRACE UNIT NUMBER 1, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 1 AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED JULY 12, 1951 AS DOCUMENT 628333, 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 December 6, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they seek the subject zoning relief to allow a Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft.
B. That petitioner testified that the subject property’s address is 21W732 Maple Avenue, Medinah, IL 60157, and that they also own live at and own property next door, 21W715 Maple Avenue, Medinah, IL 60157.
C. That petitioner testified that they have owned the subject property for approximately one (1) year and that the existing detached garage is in poor condition.
a. Furthermore, that petitioner testified that they propose to construct a new 1,200 sq. ft. detached garage on the subject property that would be serviced with electric and would not have a driveway.
D. That petitioner testified that they have family that occasionally visits from out of state and stay at the subject property, and that they utilize the subject property for additional storage of household accessory equipment and tools for their adjacent home at 21W715 Maple Avenue, Medinah.
E. That petitioner testified that they own a resale store/cabinetry business that is operated off site at another property with 11,000 sq. ft. of storage space.
F. That the Zoning Hearing Officer finds that the petitioner has not demonstrated or provided sufficient evidence for the requested zoning relief, as the subject property is a vacant home with proposed and current storage for another property owned by the petitioner.
a. That the Zoning Hearing Officer finds that petitioner testified that the subject property is utilized for storage and that no one is living at the subject property.
b. Furthermore, that the petitioner testified that the residence is occupied only occasionally by relatives and therefore it is a likely risk that the need for the oversized detached garage is intended for the use of petitioner’s business, particularly likely because vehicle storage is not intended for the garage as there is no driveway proposed.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has not demonstrated that the granting of the Conditional Use 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided sufficient evidence that the proposed 1,200 sq. ft. detached garage will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided sufficient evidence that the proposed 1,200 sq. ft. detached garage will 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 or provided sufficient evidence that the proposed 1,200 sq. ft. detached garage 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 not demonstrated or provided sufficient evidence that the proposed 1,200 sq. ft. detached garage 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 not demonstrated or provided evidence that the proposed 1,200 sq. ft. detached garage 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 not demonstrated or provided evidence that the proposed 1,200 sq. ft. detached garage 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 not demonstrated or provided evidence that the proposed, 1,200 sq. ft. detached garage will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-0000092 Seoles |
|
ZONING REQUEST |
Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft. |
|
OWNER |
NICK SEOLES, 21W732 MAPLE AVENUE, MEDINAH, IL 60157 / NICK SEOLES, 21W715 MAPLE AVENUE, MEDINAH, IL 60157 |
|
ADDRESS/LOCATION |
21W732 MAPLE AVENUE, MEDINAH, IL 60157 |
|
PIN |
02-01-301-018 |
|
TWSP./CTY. BD. DIST. |
BLOOMINGDALE |
DISTRICT 1 |
|
ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
|
AREA |
0.59 ACRES |
|
UTILITIES |
WELL / SEPTIC |
|
PUBLICATION DATE |
Daily Herald: NOVEMBER 21, 2023 |
|
PUBLIC HEARING |
WEDNESDAY, DECEMBER 6, 2023 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
|
EXTERNAL: |
|
|
Village of Roselle: |
Our office has no jurisdiction in this matter. “Not within the planning jurisdiction of the Village of Roselle.” |
|
Village of Itasca: |
No Comments Received. |
|
Village of Bloomingdale: |
No Comments Received. |
|
Bloomingdale Township: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “Must apply for entrance bond with Bloomingdale Township. Provide any side plan showing changes.” |
|
Township Highway: |
No Comments Received. |
|
Roselle Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 11: |
No Comments Received. |
|
Sch. Dist. 108: |
No Comments Received. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Front Yard: |
30 FT |
180 FT |
185 FT |
|
Int. Side Yard: |
10 FT |
65 FT |
15 FT |
|
Int. Side Yard: |
10 FT |
15 FT |
45 FT |
|
Rear Yard: |
3 FT |
25 FT |
10 FT |
|
Floor Area Ratio: |
650 SQ. FT. |
400 SQ. FT. |
APPROX. 1,200 SQ. FT. |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
South |
MAPLE AVENUE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 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 December 6, 2023, recommends to deny the following zoning relief:
Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on January 16, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative to the following zoning relief:
Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 4 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to increase the total size of detached accessory buildings from permitted 650 sq. ft. to approximately 1,200 sq. ft., on the property hereinafter described:
OF LOT 14 IN BLOCK 2 IN BRANIGAR’S MEDINAH TERRACE UNIT NUMBER 1, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 1 AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED JULY 12, 1951 AS DOCUMENT 628333, 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; NICK SEOLES, 21W732 MAPLE AVENUE, MEDINAH, IL 60157 / NICK SEOLES, 21W715 MAPLE AVENUE, MEDINAH, IL 60157; and Township Assessor, Bloomingdale Township, 123 N. Rosedale, Bloomingdale, IL 60108.
end
Enacted and approved this 23rd day of January, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK