Legislation Details

File #: DC-O-0019-26    Version: 1
Type: Development Ordinance Status: Approved at Committee
File created: 6/8/2026 In control: Development Committee
On agenda: 6/16/2026 Final action:
Title: Zoning Petition ZONING-26-000014 Ansari
Attachments: 1. Z-26-000014 Ansari Cty. Bd. (06-23-2026)

 

title

Zoning Petition ZONING-26-000014 Ansari

 

resolution

 

 

 

                      WHEREAS, a public hearing was held on May 6, 2026 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:

 

1.                     Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house.

2.                     Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

 

 on the property hereinafter described:

 

THE WEST ½ OF LOT 48 IN SURGES FARM ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 7, AND OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19, 1943 AS DOCUMENT 454869, 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 June 3, 2026 does find as follows:

 

FINDINGS OF FACT:

1.                     That petitioner testified that the subject zoning relief is for a Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house and a Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

 

2.                     That petitioner testified that he proposes to construct a new single-family ranch home for himself and his father.

 

3.                     That petitioner testified that the Illinois Department of Transportation (IDOT) would not permit new driveway access onto IL-53; therefore, the property was designed by his engineer to provide access from Harding Road.

 

4.                     That petitioner testified that, due to the required septic system setbacks from surrounding wells, the proposed house and detached garage were positioned closer to Route 53 and Harding Road, as required by the DuPage County Health Department.

 

a.                     That petitioner testified that due to the requirements by the Health Department and IDOT, the only location to place a single-family home on the subject property is approximately nineteen (19) feet from the front property line and approximately 20 feet from the corner side property line.

 

5.                     That, as requested by the Zoning Hearing Officer at the May 6, 2026 public hearing, the Petitioner submitted additional information from its septic engineer and from IDOT confirming the testimony presented at the hearing regarding: (a) the proposed location of the residence, which is necessitated by the required access to Harding Road; and (b) the proposed location of the septic system, which is designed to satisfy the required isolation distances from surrounding wells.

 

6.                     That the Zoning Hearing Officer finds that the Petitioner has demonstrated a practical difficulty and particular hardship warranting the requested Variations. Specifically, the subject property cannot obtain access from Route 53 and therefore must be accessed from Harding Road. This access requirement, together with the need to maintain the required isolation distances between the septic system and surrounding wells, necessitates shifting the proposed residence to the west and north.

 

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 home will not impair an adequate supply of light and air to the adjacent property and will be ranch home.

 

b.                     Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain a building permit for the proposed home and that it will be built pursuant to all DuPage County building codes.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed home will be an added benefit to the surrounding area and 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 home will be a single-family house and will not increase traffic congestion in the public streets and highways.

 

e.                     Increase the potential for flood damages to adjacent property as petitioner has demonstrated that they will receive a building permit for the proposed home and 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 they will receive a building permit for the proposed home and 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 home will meet all building requirements and will not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER: ZONING-26-000014 Ansari

ZONING REQUEST:

1.                     Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house.

2.                     Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

OWNER: HARDING AVE TRUST, 129 DENVER DRIVE, BOLINGBROOK, IL 60440 / AGENT: AQEEL ANSARI (TRUSTEE), 129 DENVER DRIVE, BOLINGBROOK, IL 60440

ADDRESS/LOCATION: 20W783 HARDING ROAD, LOMBARD, IL 60148 (SOUTHEAST CORNER OF ROUTE 53 AND HARDING ROAD)

PIN: 06-18-102-025

TWSP./CTY. BD. DIST.: YORK / DISTRICT 4

ZONING/LUP: R-3 SF RES / 0-5 DU AC

AREA: 0.23 ACRES (10,019 SQ. FT.)

UTILITIES: WELL/SEPTIC

PUBLICATION DATE: DAILY HERALD: APRIL 21, 2026

PUBLIC HEARING: WEDNESDAY, MAY 6, 2026

 

ADDITIONAL INFORMATION: 

Building: No Objections or concerns with the petition.

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: “DPC Public Works doesn’t own any sewer or water mains in this area.”

 

EXTERNAL:

Village of Lombard: See attached documentation.

Village of Glen Ellyn: No Comments Received.

York Township: No Comments Received.

Township Highway: No objections with the concept of the petition. Additional information may be required at time of permit application.

Glenbard Fire Dist.: No Comments Received.

Sch. Dist. 44: No Comments Received.

Sch. Dist. 87: No Comments Received.

Forest Preserve: Forest Preserve District of DuPage County staff have reviewed the information provided by the County for Public Notice Cases: ZONING-26-000007 NGHC, Inc.,;  PLAT-26-000005 Coco Estates; PLAT-26-000004 BLASK NFP (Shine); ZONING-26-000010 CHAVEZ; ZONING-26-000011 Elliott; ZONING-26-000012 Starodub; and ZONING-26-000014 Ansari and we do not have any comments.  Please consider this the Forest Preserve District of DuPage County’s formal response to these Public Notices.

 

GENERAL BULK REQUIREMENTS

                     Front Yard

o                     Required: 30 FT

o                     Existing: N/A

o                     Proposed: APPROX. 19 FT

 

                     Interior Side Yard

o                     Required: 10 FT

o                     Existing: N/A

o                     Proposed: APPROX. 11.92 FT

 

                     Corner Side Yard

o                     Required: 30 FT

o                     Existing: N/A

o                     Proposed: APPROX. 20 FT FOR DET. GARAGE / 23 FT FOR HOUSE

 

 

 

LAND USE

Subject Property:

                     Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

North of Subject Property:

                     Zoning: HARDING ROAD AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

South of Subject Property:

                     Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

East of Subject Property:

                     Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

West of Subject Property:

                     Zoning: ROUTE 59 AND BEYOND R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

 

WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on June 3, 2026, recommends to approve the following zoning relief:

 

1.                     Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house.

2.                     Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

 

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-26-000014 Ansari dated May 6, 2026. 

 

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 June 16, 2026, 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:

 

1.                     Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house.

2.                     Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

 

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-26-000014 Ansari dated May 6, 2026. 

 

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): 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:

 

1.                     Variation to reduce the front setback from required 30 feet to approximately 19 feet for a new single-family house.

2.                     Variation to reduce the corner side setback from required 30 feet to approximately 23 feet for a new single-family house and approximately 20 feet for a new detached garage.

 

on the property hereinafter described:

 

THE WEST ½ OF LOT 48 IN SURGES FARM ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 7, AND OF THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19, 1943 AS DOCUMENT 454869, 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-26-000014 Ansari dated May 6, 2026. 

 

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; HARDING AVE TRUST, 129 DENVER DRIVE, BOLINGBROOK, IL 60440 / AGENT: AQEEL ANSARI (TRUSTEE), 129 DENVER DRIVE, BOLINGBROOK, IL 60440; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.

 

 

end

Enacted and approved this 23rd of June, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK