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O R D I N A N C E
Zoning Petition ZONING-23-000056 Almedia
resolution
WHEREAS, a public hearing was held on September 13, 2023, 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 increase the maximum total size of detached accessory structures from permitted 2,600 sq. ft. to approximately 3,182 sq. ft. (2,894 sq. ft. for existing detached accessory building and 288 sq. ft. for a proposed horse shelter), on the property hereinafter described:
THE NORTH 622.00 FEET AS MEASURED ON THE EAST LINE OF THE WEST 280.17 FEET OF THE EAST 298.82 FEET AS MEASURED ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, 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 September 13, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they requested the subject zoning relief to allow an additional 12’ x 24’ detached accessory building for a horse shelter on the subject property.
B. That petitioner testified that they have lived at the subject property for approximately three (3) years.
C. That petitioner testified that the proposed horse shelter would be located behind the existing detached accessory building and would be completely surrounded by vegetation and mature trees.
D. That petitioner testified that the proposed horse shelter would be used for the purpose of having a family horse on the subject property.
E. That petitioner testified that the existing detached accessory building is used for storage of household accessory equipment.
F. That the Hearing Officer finds that petitioner has demonstrated evidence for the subject zoning relief as petitioner purchased the subject property approximately three (3) years ago and that the existing detached accessory building was already located on the 3.79-acre subject property. Furthermore, that in order to have a permitted horse on the property, petitioner requires the subject zoning relief to shelter the proposed horse.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 horse shelter would meet all require setbacks 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 the proposed horse shelter will be built pursuant to all current building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed horse shelter 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 horse shelter will be located in the rear property and 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 horse shelter 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 horse shelter 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 horse shelter will be built in the rear of the property, will be an added benefit to the area, and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000056 Almedia |
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ZONING REQUEST |
Variation to increase the maximum total size of detached accessory structures from permitted 2,600 sq. ft. to approximately 3,182 sq. ft. (2,894 sq. ft. for existing detached accessory building and 288 sq. ft. for a proposed horse shelter). |
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OWNER |
RANDAL AND MALGORZATA ALMEDIA, 29W631 SCHICK ROAD, BARTLETT, IL 60103 |
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ADDRESS/LOCATION |
29W631 SCHICK ROAD, BARTLETT, IL 60103 |
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PIN |
01-15-300-017 |
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TWSP./CTY. BD. DIST. |
WAYNE |
DISTRICT 6 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
3.79 ACRES (165,092 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: AUGUST 29, 2023 |
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PUBLIC HEARING |
WEDNESDAY, SEPTEMBER 13, 2023 |
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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: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Bartlett: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
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Village of Wayne: |
No Comments Received. |
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Village of Carol Stream: |
“No Comments” |
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Wayne Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Bartlett Fire Dist.: |
No Objections. |
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Sch. Dist. U-46: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Floor Area Ratio: |
2,600 SQ. FT. |
2,894 SQ. FT. |
3,182 SQ. FT. |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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North |
SCHICK ROAD AND BEYOND R-1 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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West |
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 September 13, 2023, recommends to approve the following zoning relief:
Variation to increase the maximum total size of detached accessory structures from permitted 2,600 sq. ft. to approximately 3,182 sq. ft. (2,894 sq. ft. for existing detached accessory building and 288 sq. ft. for a proposed horse shelter).
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-23-000056 Almedia dated September 13, 2023.
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 October 17, 2023, 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 increase the maximum total size of detached accessory structures from permitted 2,600 sq. ft. to approximately 3,182 sq. ft. (2,894 sq. ft. for existing detached accessory building and 288 sq. ft. for a proposed horse shelter).
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-23-000056 Almedia dated September 13, 2023.
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): 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 increase the maximum total size of detached accessory structures from permitted 2,600 sq. ft. to approximately 3,182 sq. ft. (2,894 sq. ft. for existing detached accessory building and 288 sq. ft. for a proposed horse shelter), on the property hereinafter described:
THE NORTH 622.00 FEET AS MEASURED ON THE EAST LINE OF THE WEST 280.17 FEET OF THE EAST 298.82 FEET AS MEASURED ON THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
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; RANDAL AND MALGORZATA ALMEDIA, 29W631 SCHICK ROAD, BARTLETT, IL 60103; and Township Assessor, Wayne Township, 27W031 North Avenue, West Chicago, IL 60185.
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Enacted and approved this 24th day of October, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK