title
Zoning Petition ZONING-24-000086 Bierman
resolution
WHEREAS, a public hearing was held on January 15, 2025 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 rear yard setback from required 25 feet to approximately 8 feet, for a new addition to the house.
2. Variation to reduce the rear yard setback from required 3 feet to approximately 1.5 feet for a new patio, on the property hereinafter described:
LOT 32, IN HUNTINGTON, A SUBDIVISION IN SECTIOSN 16 AND 17, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRICNIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 9, 1969 AS DOCUMENT R69-25112, 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 February 19, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow a proposed four-season addition to be located approximately 8 feet from the rear property line, and to allow a proposed patio to be located at least 1.5 feet from the rear property line.
B. That petitioner testified that that the existing, attached three-season room and deck are deteriorating , and that they would like to replace their current three-season room and deck with a four-season addition and patio area.
C. That petitioner testified that the subject property backs up to their Homeowners Association property and that the Homeowners Association has no objection to the proposed zoning relief.
D. That petitioner testified that their particular hardship and practical difficulty is due to the shape of the subject property and location of existing house on the property.
a. Furthermore, that petitioner testified that due to the shape of the lot, which is narrower in the front compared to the rear, the existing house was constructed in the rear half of the subject property, creating little backyard space and a large front yard.
b. Additionally, petitioner testified that the only location to place a four-season addition would be on the back of the house due to the location of the existing French doors.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship, as petitioner testified that due to the shape of the lot, which is narrower in the front compared to the rear, the existing house was constructed in the rear half of the subject property, leaving creating little backyard space and a large front yard, and that the only location to place to proposed four-season addition would be on the back of the house in the same location as the existing three-season room.
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 addition will be located in the same location as the existing three-season room, and that the proposed patio will be located at ground level, and therefore, the proposed addition and patio 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 will receive a building permit for the proposed addition and patio, and that they will be 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 addition and patio will replace a deteriorating three-season room and deck, and that the proposed addition and patio will be an added benefit to the neighborhood, which 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 addition and patio will be located in the rear of the subject property and therefore 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 addition and patio 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 addition and patio 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 addition and patio 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-24-000086 Bierman |
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ZONING REQUEST |
1. Variation to reduce the rear yard setback from required 25 feet to approximately 8 feet, for a new addition to the house. 2. Variation to reduce the rear yard setback from required 3 feet to approximately 1.5 feet for a new patio. |
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OWNER |
BRIAN & ANNE BIERMAN, 6S440 MILLCREEK COURT, NAPERVILLE, IL 60540 |
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ADDRESS/LOCATION |
6S440 MILLCREEK COURT, NAPERVILLE, IL 60540 |
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PIN |
08-17-403-010 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 5 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.28 ACRES (12,197 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: December 31, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JANUARY 15, 2025, CONTINUED TO FEBRUARY 5, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
“DPC Public Works owns a sewer mains on the East side of the property, it doesn’t look like the addition will have an impact our main. The addition is under 800 sq feet so no additional permitting is required by the Public Works Department.” |
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EXTERNAL: |
|
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City of Naperville: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “The subject property is outside of the Village of Lisle’s boundary agreement.” |
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Village of Woodridge: |
No Comments Received. |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information may be required a time of permit application. “They will be required to get an entrance permit before construction.” |
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Naperville Fire Dist.: |
No Comments Received. |
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Sch. Dist. 203: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
GENERAL BULK REQUIREMENTS (PATIO):
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
3 FT |
NA |
APPROX. 4 FT |
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Int. Side Yard: |
3 FT |
NA |
APPROX. 61.5 FT |
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Rear Yard: |
3 FT |
APPROX. 10 FT |
APPROX. 1.5 FT |
GENERAL BULK REQUIREMENTS (ADDITION):
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
10 FT |
APPROX. 47 FT |
APPROX. 47 FT |
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Int. Side Yard: |
10 FT |
APPROX. 74 FT |
APPROX. 74 FT |
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Rear Yard: |
25 FT |
APPROX. 10 FT |
APPROX. 8 FT |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
CITY OF NAPERVILLE |
PARK/OPEN SPACE |
CITY OF NAPERVILLE |
|
South |
MILLCREEK COURT AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 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 February 19, 2025, recommends to approve the following zoning relief:
1. Variation to reduce the rear yard setback from required 25 feet to approximately 8 feet, for a new addition to the house.
2. Variation to reduce the rear yard setback from required 3 feet to approximately 1.5 feet for a new patio.
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-24-000086 Bierman dated January 15, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 March 4, 2025, 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 rear yard setback from required 25 feet to approximately 8 feet, for a new addition to the house.
2. Variation to reduce the rear yard setback from required 3 feet to approximately 1.5 feet for a new patio.
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-24-000086 Bierman dated January 15, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 rear yard setback from required 25 feet to approximately 8 feet, for a new addition to the house.
2. Variation to reduce the rear yard setback from required 3 feet to approximately 1.5 feet for a new patio, on the property hereinafter described:
LOT 32, IN HUNTINGTON, A SUBDIVISION IN SECTIOSN 16 AND 17, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRICNIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 9, 1969 AS DOCUMENT R69-25112, 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-24-000086 Bierman dated January 15, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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; BRIAN & ANNE BIERMAN, 6S440 MILLCREEK COURT, NAPERVILLE, IL 60540; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 11th day of March, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK