title
Zoning Petition ZONING-24-000065 Sessions
resolution
WHEREAS, a public hearing was held on October 16, 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:
1. Variation to reduce the required lot size for two lots serviced with water and sewer, from required 15,000 sq. ft. each lot to approximately 8,440 sq. ft. for Lot 1 and 8,440 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for a corner lot (Lot 1) serviced with water and sewer, from required 125 feet to approximately 105.5 feet.
3. Variation to increase the FAR permitted on Lot 1, from permitted 0.3 (approximately 2,531 sq. ft. total) to approximately 0.42 (2,912 sq. ft. for existing house and 600 sq. ft. for new detached garage), on the property hereinafter described:
LOT 46 IN FRED’K H. BARTLETT’S YORK ROAD FARM ESTATES, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 11, 1939 AS DOCUMENT NO. 402497, 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 December 18, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to subdivide the subject property into two (2) new lots by reducing the required lot size for two (2) lots (with his existing house to remain on the proposed Lot 1), reducing the required lot width of corner lot for proposed Lot 1, and increasing the permitted FAR on proposed Lot 1 in order to build a new detached garage.
B. That petitioner testified that he has requested the subject zoning relief in order to subdivide his property into two (2) lots, which would be consistent with the surrounding area and corner properties.
C. That petitioner testified that he has lived at the subject property for approximately 1.5 years.
D. That petitioner testified that both lots would be serviced with public sewer and water.
E. That petitioner testified that he has drainage concerns on his property and that a new detached garage would assist and alleviate drainage concerns on the subject property.
F. That the Zoning Hearing Officer finds that petitioner has not demonstrated sufficient evidence for a practical difficulty or particular hardship in relation to the subject zoning relief to reduce the required lot size for two (2) new lots, to reduce the required corner side yard lot width for proposed Lot 1, and to increase the FAR to allow for a new detached garage on proposed Lot 1.
G. That the Zoning Hearing Officer finds that in supplemental documents submitted by the petitioner following the public hearing, petitioner indicated that there was a hardship of being deprived of the value for the subject land due to the minimum lot size requirements, and that the Zoning Hearing Officer finds that a financial/self-made hardship does not qualify as particular hardship or practical difficulty for a Variation.
H. Furthermore, that the Zoning Hearing Officer finds that at the public hearing, the petitioner testified to existing drainage concerns on the subject property.
STANDARDS FOR VARIATIONS:
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 that the proposed lot subdivision 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 that the proposed lot subdivision will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the proposed lot subdivision 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 that the proposed lot subdivision 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 that the proposed lot subdivision 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 not demonstrated that the proposed lot subdivision 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 that the proposed lot subdivision 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-24-000065 Sessions |
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ZONING REQUEST |
1. Variation to reduce the required lot size for two lots serviced with water and sewer, from required 15,000 sq. ft. each lot to approximately 8,440 sq. ft. for Lot 1 and 8,440 sq. ft. for Lot 2. 2. Variation to reduce the required lot width for a corner lot (Lot 1) serviced with water and sewer, from required 125 feet to approximately 105.5 feet. 3. Variation to increase the FAR permitted on Lot 1, from permitted 0.3 (approximately 2,531 sq. ft. total) to approximately 0.42 (2,912 sq. ft. for existing house and 600 sq. ft. for new detached garage). |
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OWNER |
DAVID AND TAMALA SESSIONS, 15W375 CONCORD STREET, ELMHURST, IL 60126 |
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ADDRESS/LOCATION |
15W375 CONCORD STREET, ELMHURST, IL 60126 |
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PIN |
06-13-308-014 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.38 ACRES (16,553 SQ. FT.) |
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UTILITIES |
Water/Sewer |
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PUBLICATION DATE |
Daily Herald: October 1, 2024 |
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PUBLIC HEARING |
Wednesday, October 16, 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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. (See attached documentation) |
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Public Works: |
“DPC Public Works doesn’t own the sewer or water in this area, they are in Flagg Creek Sanitary District.” |
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EXTERNAL: |
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City of Elmhurst: |
No Comments Received. |
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City of Oakbrook Terrace: |
No Comments Received. |
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Village of Oak Brook: |
No Objections. |
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York Township: |
No Comments Received. |
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Township Highway: |
No Objections. |
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Yorkfield Fire Dist. (Elmhurst): |
No Comments Received. |
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Sch. Dist. 205: |
No Comments Received. |
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Forest Preserve: |
“We do not have any specific comments.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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North |
CONCORD STREET AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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East |
POPLAR AVENUE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
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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 December 18, 2024, recommends to deny the following zoning relief:
1. Variation to reduce the required lot size for two lots serviced with water and sewer, from required 15,000 sq. ft. each lot to approximately 8,440 sq. ft. for Lot 1 and 8,440 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for a corner lot (Lot 1) serviced with water and sewer, from required 125 feet to approximately 105.5 feet.
3. Variation to increase the FAR permitted on Lot 1, from permitted 0.3 (approximately 2,531 sq. ft. total) to approximately 0.42 (2,912 sq. ft. for existing house and 600 sq. ft. for new detached garage).
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on January 21, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and a motion to approve, the motion to failed relative to the following zoning relief:
1. Variation to reduce the required lot size for two lots serviced with water and sewer, from required 15,000 sq. ft. each lot to approximately 8,440 sq. ft. for Lot 1 and 8,440 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for a corner lot (Lot 1) serviced with water and sewer, from required 125 feet to approximately 105.5 feet.
3. Variation to increase the FAR permitted on Lot 1, from permitted 0.3 (approximately 2,531 sq. ft. total) to approximately 0.42 (2,912 sq. ft. for existing house and 600 sq. ft. for new detached garage).
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 6 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 two lots serviced with water and sewer, from required 15,000 sq. ft. each lot to approximately 8,440 sq. ft. for Lot 1 and 8,440 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for a corner lot (Lot 1) serviced with water and sewer, from required 125 feet to approximately 105.5 feet.
3. Variation to increase the FAR permitted on Lot 1, from permitted 0.3 (approximately 2,531 sq. ft. total) to approximately 0.42 (2,912 sq. ft. for existing house and 600 sq. ft. for new detached garage), on the property hereinafter described:
LOT 46 IN FRED’K H. BARTLETT’S YORK ROAD FARM ESTATES, BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHEAST QUARTER AND PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 11, 1939 AS DOCUMENT NO. 402497, IN DUPAGE COUNTY, ILLINOIS; and
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; DAVID AND TAMALA SESSIONS, 15W375 CONCORD STREET, ELMHURST, IL 60126; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 28th day of January, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK