Zoning Petition ZONING-26-000003 Bell
WHEREAS, a public hearing was held on February 18, 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:
Variation to allow the finished "good" side of an existing fence to face inward instead of outward, on the property hereinafter described:
LOT 8 (EXCEPT THE WEST 122 FEET) IN BLOCK 9, IN ARTHUR T. MCINTOSH AND COMPANY’S FAIRVIEW AVENUE SUBDVISION, BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT 169326, 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 March 4, 2026 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to allow the finished "good" side of an existing fence to face inward instead of outward.
B. The petitioner testified that a building permit was issued for the subject fence.
• Furthermore, that petitioner testified that due to the installation technique of a “log framing”-style fence and the presence of a privacy fence on the neighboring property, a portion of the subject fence has the finished side facing inward, with the vertical posts located on the exterior.
C. The petitioner testified that, because of the neighboring fence, the log posts could not be installed on the interior side of the subject fence.
D. The petitioner testified that the log posts are situated between two privacy fences-one on the subject property and one on the neighboring property-and are not directly visible to the public.
E. The Zoning Hearing Officer finds that petitioner has demonstrated the existence of a unique circumstance and practical difficulty of the subject property.
• The Zoning Hearing Officer finds that upon review of photographs of the “log framing” fence provided by the petitioner, which includes bracing on both sides, the Officer finds that either side of the fence could reasonably be interpreted as the finished (“good”) side.
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 existing fence does not exceed the permitted height and therefore does 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 they have obtained a permit for the DuPage County Building and Zoning Department and that other than the finished “good” side facing inward on one section of the fence, the existing fence meets all other codes of the County.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the portion of the fence with the finished “good” side facing inward is located adjacent to a taller, neighboring fence 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 existing fence is located in the rear yard 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 the existing fence was approved by drainage 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 the existing fence was approved by drainage 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 existing fence does not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000003 Bell
ZONING REQUEST: Variation to allow the finished "good" side of an existing fence to face inward
instead of outward.
OWNER : ANDREA BELL, 3858 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515
ADDRESS/LOCATION: 3858 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515
PIN: 06-32-415-020
TWSP./CTY. BD. DIST.: YORK / DISTRICT 2
ZONING/LUP: R-4 SINGLE FAMILY RESIDENTIAL / 0-5 DWELLING UNITS PER ACRE
AREA: 0.35 ACRES (15,246 SQUARE FEET)
UTILITIES: WATER / SEWER
PUBLICATION DATE: DAILY HERALD: FEBRUARY 3, 2026
PUBLIC HEARING: WEDNESDAY, FEBRAURY 18, 2026, CONTINUED TO MARCH 4, 2026
ADDITIONAL INFORMATION:
Building: No objections/concerns with the petition.
DUDOT: No Comments Received.
Health: No Comments Received.
Stormwater: Our office has no jurisdiction in this matter.
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
Village of Downers Grove: No Comments Received.
Village of Oak Brook: No objections/concerns with the petition.
Village of Westmont: No Comments Received.
Village of Lombard: “The subject property is outside the Village of Lombard’s planning boundary. As such, we have no comment on the petition.”
York Township: No Comments Received.
Township Highway: “The address 3858 Fairview Avenue is not in York Township Road Right of Way jurisdiction. We believe that the area of Fairview is maintained by DuPage County.”
Downers Grove Fire: No Comments Received.
Sch. Dist. 58: No Comments Received.
Sch. Dist. 99: No objections/concerns with the petition.
Forest Preserve: No Comments Received.
LAND USE
Subject Property:
o Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
o Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
o Zoning: 39TH STREET AND BEYOND VILLAGE OF DOWNERS GROVE / Existing Use: HOUSE / Land Use Plan (LUP): VILLAGE OF DOWNERS GROVE
East of Subject Property:
o Zoning: FAIRVIEW AVENUE AND BEYOND VILLAGE OF DOWNERS GROVE / Existing Use: HOUSE / Land Use Plan (LUP): VILLAGE OF DOWNERS GROVE
West of Subject Property:
o Zoning: VILLAGE OF DOWNERS GROVE / Existing Use: HOUSE / Land Use Plan (LUP): VILLAGE OF DOWNERS GROVE
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on March 4, 2026, recommends to approve the following zoning relief:
Variation to allow the finished "good" side of an existing fence to face inward instead of outward.
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-26-000003 Bell dated February 18, 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 April 7, 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:
Variation to allow the finished "good" side of an existing fence to face inward instead of outward.
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-26-000003 Bell dated February 18, 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:
Variation to allow the finished "good" side of an existing fence to face inward instead of outward, on the property hereinafter described:
LOT 8 (EXCEPT THE WEST 122 FEET) IN BLOCK 9, IN ARTHUR T. MCINTOSH AND COMPANY’S FAIRVIEW AVENUE SUBDVISION, BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT 169326, 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-26-000003 Bell dated February 18, 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; ANDREA BELL, 3858 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
Enacted and approved this 14th of April, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK