Zoning Petition ZONING-25-000062 BORT/XU
WHEREAS, a public hearing was held on January 15, 2026 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals 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 required lot size for 2 new lots serviced with well and sewer from required 20,000 sq. ft. to approximately 13,652 sq. ft. for Lot 1 and 19,321 sq. ft. for proposed Lot 2.
2. Variation to reduce the required lot width for 2 new interior lots serviced with well and sewer from required 100 feet to approximately 75 feet for Lot 1 and 95 feet for Lot 3.
3. Variation to reduce the required lot width for 1 new corner lot serviced with well and sewer from required 125 feet to approximately 87 feet for Lot 2, on the property hereinafter described:
LOT 5 EXCEPT THE NORTH 5 FEET THEREOF IN BLOCK 7 IN ARTHUR T. MCINTOSH AND COMPANY’S OGDEN HIGHLANDS, BEING A SUBDIVISION IN THE EAST ½ OF SECTION 7 AND THE WEST ½ OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 9, 1925, AS DOCUMENTNUMBER 195889, IN DUPAGE COUNTY, ILLINOIS.
LOT 6 IN BLOCK 7 IN ARTHUR T. MCINTOSH & COMPANY’S OGDEN HIGHLANDS, BEING A SUBDIVISION IN THE EAST ½ OF SECTION 7 AND WEST ½ OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 9, 1925, AS DOCUMENT NUMBER: 196889, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on February 5, 2026 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the requested zoning relief involves dividing the two (2) subject properties into three (3) separate lots by splitting off the rear seventy-five (75) feet of the parcels located at 5S464 and 5S476 Sherman Avenue, Naperville, Illinois 60563.
2. That petitioner testified that the new 75-foot-wide Lot 1 would have a single-family residence and that the existing houses located at 5S464 and 5S476 SHERMAN would remain in place without alteration.
3. That petitioner testified that when they initially submitted the zoning relief request under the assumption that the properties operated with well and septic systems.
a. Furthermore, at the public hearing, the petitioner amended their petition and submitted City of Naperville sewer bills for both 5S464 and 5S476 Sherman Avenue, confirming that the parcels are served by municipal sewer service.
4. That petitioner testified that they own both 5S464 and 5S476 SHERMAN AVENUE, NAPERVILLE, IL 60563, which together comprise approximately 1.24 acres.
a. That petitioners purchased 5S476 Sherman Avenue in 2023 and subsequently acquired the adjoining property to the north, 5S464 Sherman Avenue, in 2025.
5. That petitioner testified that the two (2) properties located directly west of the subject parcels have widths of 72 feet and 75 feet, respectively and that proposed Lot 1, at 75 feet in width, would therefore be consistent with the established lot pattern in the immediate area.
6. That petitioner testified that the practical difficulty and unique circumstances supporting the requested zoning relief arise from the fact that numerous comparable lots of similar sizes already exist throughout the neighborhood.
a. Furthermore, that petitioner testified that the proposed subdivision would therefore align with the established development pattern and remain consistent with the character of the immediate surrounding area.
7. The Zoning Board of Appeals finds that the practical difficulty and unique circumstances presented by the petitioner are substantiated by the existing development pattern within the neighborhood, where numerous similarly sized lots are already established.
a. Additionally, the Zoning Board of Appeals finds that the proposed lot division is consistent with the character, scale, and layout of the surrounding area, and therefore finds that the requested zoning relief is harmonious with the neighborhood’s existing conditions.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 lot division would be large enough to meet all required setbacks and bulk requirements and would 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 demonstrated that the proposed lot division would not increase the hazard from fire or other dangers, as all required setbacks would remain in place.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed lot division is consistent with properties in the surrounding area and would match lot widths directly to the west.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed lot division would only create one (1) new buildable lot for a single-family home and would 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 lot division would not increase the potential for flood damages to adjacent property and if built upon, Lot 1 would be constructed in accordance with all codes and ordinances of DuPage County.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed lot division will not incur additional public expense for flood protection, rescue, or relief and if built upon, Lot 1 would be constructed in accordance with all codes and ordinances of DuPage County.
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 lot division will be consistent with properties in the surrounding area and would match lot widths in the neighborhood, which 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-25-000062 BORT/XU
ZONING REQUEST:
1. Variation to reduce the required lot size for 2 new lots serviced with well and sewer from required 20,000 sq. ft. to approximately 13,652 sq. ft. for Lot 1 and 19,321 sq. ft. for proposed Lot 2.
2. Variation to reduce the required lot width for 2 new interior lots serviced with well and sewer from required 100 feet to approximately 75 feet for Lot 1 and 95 feet for Lot 3.
3. Variation to reduce the required lot width for 1 new corner lot serviced with well and sewer from required 125 feet to approximately 87 feet for Lot 2.
OWNER:
• JACK BORT & XIAOTONG XU, 5S464 SHERMAN AVENUE, NAPERVILLE, IL 60563 & 5S476 SHERMAN AVENUE, NAPERVILLE, IL 60563 / JACK BORT & XIAOTONG XU, 10 KETTERING LANE, LEMONT, IL 60439 / AGENT: AMY KAIN, KENNY, KAIN & JABLONSKY, LLC., 1280 IROQUOIS AVENUE, NAPERVILLE, IL 60563
ADDRESS/LOCATION:
• 5S464 SHERMAN AVENUE, NAPERVILLE, IL 60563 & 5S476 SHERMAN AVENUE, NAPERVILLE, IL 60563
PIN:
• 08-07-401-013 / 08-07-401-014
TWSP./CTY. BD. DIST.:
• LISLE TOWNSHIP / DISTRICT 5
ZONING/LUP:
• R-4 SINGLE FAMILY RESIDENTIAL / 0-5 DWELLING UNITS PER ACRE
AREA:
• 1.24 ACRES (54,014 SQUARE FEET)
UTILITIES:
• WELL / SEWER
PUBLICATION DATE: DAILY HERALD: December 31, 2025
PUBLIC HEARING: Thursday, January 15, 2026
ADDITIONAL INFORMATION:
Building: No Objections.
DUDOT: Our office has no jurisdiction in this matter.
Health: I object/have concerns with the petition.
• “Lots 3 & 2 currently have homes with well and septic. The proposed new lot 1 may have portions of Lot 3 & 2 septic field. No plans to connect to public sewer/water for any of the current properties. Option for applicant to change the current septic systems to one that will be proposed space paraments.”
Stormwater: No Objections with the concept of the petition. Additional information may be required at time of permit application.
• “The face of the plat should contain language similar to the following: “This property was resubdivided on [date]. At the time of resubdivision, the Post Construction Best Management Practice (PCBMP) and stormwater detention thresholds for the original parcels were subsequently resubdivided among the newly created parcels. The threshold distribution ratio for each of the new parcels shall be calculated as the area of the new parcel divided by the area of the original parcels. This threshold distribution ratio shall be multiplied by the regulatory thresholds in effect at the time of any new development. If a PCBMP is required pursuant to the DuPage County Countywide Stormwater and Floodplain Ordinance, the property owner shall be obligated to implement the required PCBMP directly on the property and shall not have the option to satisfy such requirement through payment of a fee-in-lieu, unless such implementation is deemed impractical or is not in accordance with the ordinance at the time of submittal(s). Please check with your local permitting authority regarding all stormwater management requirements.”
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
Village of Lisle: Our office has no jurisdiction in this matter. “The subject property is located outside of the Village of Lisle’s boundary agreement.”
City of Naperville: No Comments Received.
City of Warrenville: No Objections.
Lisle Township: No Comments Received.
Township Highway: No Comments Received.
Naperville Fire Dist.: No Comments Received.
Sch. Dist. 203: No Comments Received.
Forest Preserve: “We do not have any comments.”
LAND USE
Subject Property:
• Zoning: R-4 SINGLE FAMILY RESIDENTIAL / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DWELLING UNITS PER ACRE
North of Subject Property:
• Zoning: R-4 SINGLE FAMILY RESIDENTIAL / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DWELLING UNITS PER ACRE
South of Subject Property:
• Zoning: CASE STREET AND BEYOND R-4 SINGLE FAMILY RESIDENTIAL / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DWELLING UNITS PER ACRE
East of Subject Property:
• Zoning: SHERMAN AVENUE AND BEYOND R-4 SINGLE FAMILY RESIDENTIAL / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DWELLING UNITS PER ACRE
West of Subject Property:
• Zoning: R-4 SINGLE FAMILY RESIDENTIAL / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DWELLING UNITS PER ACRE
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on February 5, 2026, recommends to approve the following zoning relief:
1. Variation to reduce the required lot size for 2 new lots serviced with well and sewer from required 20,000 sq. ft. to approximately 13,652 sq. ft. for Lot 1 and 19,321 sq. ft. for proposed Lot 2.
2. Variation to reduce the required lot width for 2 new interior lots serviced with well and sewer from required 100 feet to approximately 75 feet for Lot 1 and 95 feet for Lot 3.
3. Variation to reduce the required lot width for 1 new corner lot serviced with well and sewer from required 125 feet to approximately 87 feet for Lot 2.
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-25-000062 Bort/Xu dated January 15, 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.
ZBA VOTE (to Approve): 4 Ayes, 0 Nays, 1 Abstain, 1 Absent
WHEREAS, the County Board Development Committee on February 17, 2026, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
1. Variation to reduce the required lot size for 2 new lots serviced with well and sewer from required 20,000 sq. ft. to approximately 13,652 sq. ft. for Lot 1 and 19,321 sq. ft. for proposed Lot 2.
2. Variation to reduce the required lot width for 2 new interior lots serviced with well and sewer from required 100 feet to approximately 75 feet for Lot 1 and 95 feet for Lot 3.
3. Variation to reduce the required lot width for 1 new corner lot serviced with well and sewer from required 125 feet to approximately 87 feet for Lot 2.
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-25-000062 Bort/Xu dated January 15, 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): 6 Ayes, 0 Nays, 0 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 required lot size for 2 new lots serviced with well and sewer from required 20,000 sq. ft. to approximately 13,652 sq. ft. for Lot 1 and 19,321 sq. ft. for proposed Lot 2.
2. Variation to reduce the required lot width for 2 new interior lots serviced with well and sewer from required 100 feet to approximately 75 feet for Lot 1 and 95 feet for Lot 3.
3. Variation to reduce the required lot width for 1 new corner lot serviced with well and sewer from required 125 feet to approximately 87 feet for Lot 2, on the property hereinafter described:
LOT 5 EXCEPT THE NORTH 5 FEET THEREOF IN BLOCK 7 IN ARTHUR T. MCINTOSH AND COMPANY’S OGDEN HIGHLANDS, BEING A SUBDIVISION IN THE EAST ½ OF SECTION 7 AND THE WEST ½ OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 9, 1925, AS DOCUMENTNUMBER 195889, IN DUPAGE COUNTY, ILLINOIS.
LOT 6 IN BLOCK 7 IN ARTHUR T. MCINTOSH & COMPANY’S OGDEN HIGHLANDS, BEING A SUBDIVISION IN THE EAST ½ OF SECTION 7 AND WEST ½ OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 9, 1925, AS DOCUMENT NUMBER: 196889, 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-25-000062 Bort/Xu dated January 15, 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; JACK BORT & XIAOTONG XU, 5S464 SHERMAN AVENUE, NAPERVILLE, IL 60563 & 5S476 SHERMAN AVENUE, NAPERVILLE, IL 60563 / JACK BORT & XIAOTONG XU, 10 KETTERING LANE, LEMONT, IL 60439 / AGENT: AMY KAIN, KENNY, KAIN & JABLONSKY, LLC., 1280 IROQUOIS AVENUE, NAPERVILLE, IL 60563; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
Enacted and approved this 24th of February, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK