title
O R D I N A N C E
Zoning Petition ZONING-23-000015 Geary
resolution
WHEREAS, a public hearing was held on April 5, 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:
1. Variation to reduce the corner side setback from 30 feet to approximately 9 feet, to build a 440 sq. ft. detached garage.
2. Variation to reduce the corner side setback from 30 feet to approximately 15 feet, to build a roofed patio, on the property hereinafter described:
LOT 36 IN WOODS OF CANTIGNY UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST ¼ OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 12, 1984, AS DOCUMENT R84-73208, 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 April 5, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks the subject zoning relief to reduce the corner side yard setback for a new detached garage to approximately nine (9) feet and to reduce the corner side yard setback for a new, roofed patio to approximately fifteen (15) feet.
B. That petitioner testified that due to the existing in-ground pool, septic tank/leech field, underground utilities, and three (3) large pine trees, the only location to place the proposed detached garage and roofed patio is within the corner side setback along Flanders Lane.
C. That petitioner testified that he has a two (2) car attached garage and has three (3) vehicles that he would prefer to be fully enclosed, protected from the elements.
D. That petitioner testified that the proposed detached garage would only be serviced with electricity.
E. That the Hearing Officer finds that petitioner demonstrated evidence for a particular hardship and practical difficulty for the detached garage, as the only location to store all his permitted vehicles safely and securely is within the corner side yard setback.
a. In addition, that the Hearing Officer finds that a detached garage to store vehicles and household accessory equipment is a dormant use, compared to a roofed patio that would frequently be used for recreational purposes.
F. Furthermore, that the Hearing Officer finds that petitioner did not demonstrate evidence for a particular hardship or practical difficulty to allow a new, roofed patio approximately fifteen (15) feet from the corner side property line.
STANDARDS FOR VARIATIONS (ROOFED PATIO):
*Per Zoning Code Section 37-1411.3
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 or provided evidence that a proposed roofed patio within the corner side yard setback 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 not demonstrated or provided evidence that a proposed roofed patio within the corner side yard setback will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that a proposed roofed patio within the corner side yard setback 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 evidence that a proposed roofed patio within the corner side yard setback 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 a proposed roofed patio within the corner side yard setback will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that a proposed roofed patio within the corner side yard setback 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 a proposed roofed patio within the corner side yard setback will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
STANDARDS FOR VARIATIONS (DETACHED GARAGE):
*Per Zoning Code Section 37-1411.3
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 location of the proposed detached garage within the corner side yard setback 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 the location of the proposed detached garage within the corner side yard setback will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the location of the propose detached garage within the corner side yard setback 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 location of the proposed detached garage within the corner side yard setback will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback 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 location of the proposed detached garage within the corner side yard setback will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000015 Geary |
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ZONING REQUEST |
3. Variation to reduce the corner side setback from 30 feet to approximately 9 feet, to build a 440 sq. ft. detached garage. 4. Variation to reduce the corner side setback from 30 feet to approximately 15 feet, to build a roofed patio. |
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OWNER |
DAN GEARY AND KATHRYN CAPITO, 28W171 CANTIGNY DRIVE, WINFIELD, IL 60190 |
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ADDRESS/LOCATION |
28W171 CANTIGNY DRIVE, WINFIELD, IL 60190 |
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PIN |
04-23-206-007 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
|
AREA |
0.92 ACRES (40,075 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: MARCH 21, 2023 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 5, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Winfield: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Winfield Fire Dist.: |
No Comments Received. |
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Sch. Dist.: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County has reviewed the information provided and due to the location of the subject property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
30 FT |
17 FT |
9 FT |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
CANTIGNY DRIVE AND BEYOND R-2 SF RES |
HOUSE |
O-5 DU AC |
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South |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
FLANDERS LANE AND BEYOND 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 April 5, 2023, recommends to bifurcate the following zoning relief:
1. Variation to reduce the corner side setback from 30 feet to approximately 15 feet, to build a roofed patio.
ZHO Recommendation to Deny
On April 5, 2023, the Hearing Officer recommended to approve the following request:
Variation to reduce the corner side setback from 30 feet to approximately 9 feet, to build a 440 sq. ft. 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-23-000015 Geary dated April 5, 2023.
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 April 18, 2023, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to not concur with the findings and recommends to approve the following bifurcated zoning relief:
1. Variation to reduce the corner side setback from 30 feet to approximately 15 feet, to build a roofed patio.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
2. Variation to reduce the corner side setback from 30 feet to approximately 9 feet, to build a 440 sq. ft. 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-23-000015 Geary dated April 5, 2023.
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 (to Approve): 4 Ayes, 0 Nays, 2 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT (ROOFED PATIO):
1. That the DuPage County Development Committee finds that petitioner demonstrated sufficient evidence in relation to the requested zoning relief to reduce the 30 feet to approximately 15 feet, to build a roofed patio, as the roofed patio will be connected to the proposed detached garage and will allow for increased green space on the subject property.
2. Furthermore, that due to the petitioner’s septic field, buried utility lines, and mature trees, the DuPage County Development Committee finds that the only location
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 corner side setback from 30 feet to approximately 9 feet, to build a 440 sq. ft. detached garage.
2. Variation to reduce the corner side setback from 30 feet to approximately 15 feet, to build a roofed patio, on the property hereinafter described:
LOT 36 IN WOODS OF CANTIGNY UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST ¼ OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 12, 1984, AS DOCUMENT R84-73208, 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-23-000015 Geary dated April 5, 2023.
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; DAN GEARY AND KATHRYN CAPITO, 28W171 CANTIGNY DRIVE, WINFIELD, IL 60190; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 25th day of April, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK