title
Zoning Petition ZONING-24-000050 Stout
resolution
WHEREAS, a public hearing was held on July 31, 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 allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey, on the property on the property hereinafter described:
LOT 1 IN STEVEN’S RE SUBDIVISION OF LOT 3 N BLOCK 3 IN H.M. CORNELL AND CO’S DU PAGE FOREST ESTATES, BEING A SUBDIVISION OF THAT PART OF BROPHYPARK SUBDIVISION (NOW VACATED) LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTION 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED JULY 18, 1957 AS DOCUMENT 849672, IN DU PAGE 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 July 31, 2024, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey on the property.
B. That petitioner testified that she has lived at the subject property for approximately eleven (11) years.
C. That petitioner testified that she purchased the subject property in 2013, and at that time, the property size was listed as approximately one (1) acre in size.
D. That petitioner testified that at some point, approximately thirty (30) feet was taken from the property for right-of-way purposes and that due to this taking, petitioner’s land size was reduced to less than one (1) acre in size.
E. That petitioner testified that no additional physical changes are required on the subject property as she already has an existing barn to house the miniature horse and miniature donkey on the property.
F. That petitioner testified that she inherited the subject miniature horse and donkey from a previous neighbor, and that she took care of the subject miniature horse and miniature donkey for several years before acquiring them.
G. That petitioner testified and presented evidence that the miniature horse and miniature donkey are companion animals that cannot be ridden and that they are smaller in size than a Great Dane dog, approximately thirty-six (36) inches in height.
H. That petitioner testified that she has started the process to become a 4-H Leader for the University of Illinois - Illinois Extension 4-H Program for her miniature horse and miniature donkey.
I. That the Zoning Hearing Officer finds that petitioner has demonstrated a particular hardship and unique circumstance in relation to the subject property, as the property was previously approximately one (1) acre in size, and that due to a taking for right-of-way purposes, the subject property size was reduced to just under 40,000 sq. ft. in size. Furthermore, that the Zoning Hearing Officer finds that if the subject property was still considered 40,000 sq. ft. in size, petitioner would be permitted as of right to have a 4-H project on the subject property.
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 4-H Project will meet all required setbacks and height requirements and 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 have already received a permit for the barn on the subject property and that it was 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 4-H Project 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 4-H Project 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 4-H Project 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 4-H Project 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 4-H Project 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
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000050 Stout |
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ZONING REQUEST |
Variation to allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey on the property. |
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OWNER |
STACEY STOUT, 0S425 RIVER GLEN ROAD, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
0S425 RIVER GLEN ROAD, WEST CHICAGO, IL 60185 |
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PIN |
04-15-402-003 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
0.75 ACRES (32,754 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: JULY 16, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JULY 31, 2024 |
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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: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC PW doesn’t own any sewer or water in the area, they are in the West Chicago Sanitary District.” |
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EXTERNAL: |
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City of West Chicago: |
No Comments Received. |
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City of Warrenville: |
No Comments Received. |
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Village of Winfield: |
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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West Chicago Fire Dist.: |
No Comments Received. |
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Sch. Dist. 33: |
No Comments Received. |
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Sch. Dist. 94: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this Notice and do not have any specific comments. Thank you.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
West |
RIVER GLEN DRIVE AND BEYOND R-1 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 July 31, 2024, recommends to approve the following zoning relief:
Variation to allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey on the property.
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-24-000050 Stout dated July 31, 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 August 20, 2024, 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 allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey on the property.
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-24-000050 Stout dated July 31, 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 (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to allow a 4-H project for a property that is less than 40,000 sq. ft. in size (approximately 32,754 sq. ft.) to have a miniature horse and donkey, on the property on the property hereinafter described:
LOT 1 IN STEVEN’S RE SUBDIVISION OF LOT 3 N BLOCK 3 IN H.M. CORNELL AND CO’S DU PAGE FOREST ESTATES, BEING A SUBDIVISION OF THAT PART OF BROPHYPARK SUBDIVISION (NOW VACATED) LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTION 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED JULY 18, 1957 AS DOCUMENT 849672, IN DU PAGE 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-24-000050 Stout dated July 31, 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; STACEY STOUT, 0S425 RIVER GLEN ROAD, WEST CHICAGO, IL 60185; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 27th day of August, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK