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File #: DC-O-0042-25    Version: 1
Type: Development Ordinance Status: Adopted
File created: 9/8/2025 In control: Development Committee
On agenda: 9/16/2025 Final action: 9/23/2025
Title: Zoning Petition ZONING-25-000055 Kilinski
Attachments: 1. Kilinski

 

title

Zoning Petition ZONING-25-000055 Kilinski

resolution

 

 

WHEREAS, a public hearing was held on August 20, 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:

 

Variation to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet, on the property hereinafter described:

 

LOT 12 IN FAIRMEADOW, BEING A SUBDIVISION OF LOTS 15 AND 16 OF MILTON AND LISLE TOWNSHIP SUPERVISOR’S ASSESSMENT PLAT NUMBERS 7 AND 1 RESPECTIVELY, IN SECTION 5, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SECTION 32, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FAIRMEADOW RECORDED MAY 16, 1956 AS DOCUMENT 800545, 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 3, 2025 does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that they seek the subject zoning relief to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet. 

  

B.                     That petitioner testified that they had already started the construction of the detached garage and that it is framed and wrapped to a height of 18 feet.

 

C.                     That petitioner testified that they require additional height for the detached garage as they are restricted in storage space in their existing home for household accessory items.

 

D.                     That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty for the subject zoning relief to increase the height of an existing detached garage, as petitioner lacks storage space in their existing home and require additional storage space above the detached garage.

                                                                                                   

 

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 detached garage is located between the existing home and Forest Preserve property and will 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 will receive a building permit for the detached garage and that it will be constructed pursuant to all building codes.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the detached garage height will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.

 

d.                     Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the detached garage is located between the existing home and Forest Preserve property on a dead-end street, and that the detached garage 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 detached garage will not increase the potential for flood damages to adjacent properties.

 

f.                     Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the detached garage 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 detached garage will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.

 

 

 

 

 

 

                                          PETITIONER’S DEVELOPMENT FACT SHEET

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER

ZONING-25-000055 Kilinski

ZONING REQUEST

Variation to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet.                                                                                                         

OWNER

JEFF AND MARIA KILINSKI, 3S641 DELLES ROAD, NAPERVILLE, IL 60563-1470

ADDRESS/LOCATION

3S641 DELLES ROAD, NAPERVILLE, IL 60563-1470

PIN

05-32-402-001

TWSP./CTY. BD. DIST.

MILTON

DISTRICT 6

ZONING/LUP

R-3 SF RES

0-5 DU AC

AREA

0.48 ACRES (20,909 SQ. FT.)

UTILITIES

WELL/SEPTIC

PUBLICATION DATE

Daily Herald: AUGUST 5, 2025

PUBLIC HEARING

WEDNESDAY, AUGUST 20, 2025

ADDITIONAL INFORMATION: 

Building: 

No Objections.

DUDOT:

Our office has no jurisdiction in this matter.

Health:

No Objections.

Stormwater:

No Objection with the concept of the petition. Additional information required at time of permit application.

Public Works:

DPC Public Works owns a sewer main that is located to the north of this property in the Forest Preserve, this project will not affect our utility.

EXTERNAL:

 

City of Naperville:

No Comments Received.

Village of Lisle:

Our office has no jurisdiction in this matter. “The subject property is outside of the Village’s boundary agreement.”

City of Wheaton:

No Comments Received.

Milton Township:

No Comments Received.

Township Highway:

No Comments Received.

Warrenville Fire Dist.:

No Objections.

Sch. Dist. 200:

No Comments Received.

Forest Preserve:

“We do not have any comments.”

 

 

 

 

GENERAL BULK REQUIREMENTS:

REQUIREMENTS:

REQUIRED

EXISTING

PROPOSED

Height:

15 FT

18 FT

18 FT

                                                                                    

                                                                                                         LAND USE:

Location

Zoning

Existing Use

LUP

Subject

R-3 SF RES

HOUSE

0-5 DU AC

North

R-1 SF RES

FOREST PRESERVE

0-5 DU AC

South

R-3 SF RES

HOUSE

0-5 DU AC

East

R-3 SF RES

HOUSE

0-5 DU AC

West

DELLES ROAD AND BEYOND 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 September 3, 2025, recommends to approve the following zoning relief:

 

Variation to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet.                                                                                                         

 

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-25-000055 Kilinski, dated September 3, 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 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 September 16, 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:

 

Variation to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet.                                                                                                         

 

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-25-000055 Kilinski, dated September 3, 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 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:

 

Variation to increase the height for a detached accessory building (existing detached garage) from permitted 15 feet to approximately 18 feet, on the property hereinafter described:

 

LOT 12 IN FAIRMEADOW, BEING A SUBDIVISION OF LOTS 15 AND 16 OF MILTON AND LISLE TOWNSHIP SUPERVISOR’S ASSESSMENT PLAT NUMBERS 7 AND 1 RESPECTIVELY, IN SECTION 5, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SECTION 32, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID FAIRMEADOW RECORDED MAY 16, 1956 AS DOCUMENT 800545, 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-25-000055 Kilinski, dated September 3, 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 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; JEFF AND MARIA KILINSKI, 3S641 DELLES ROAD, NAPERVILLE, IL 60563-1470; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

 

end

Enacted and approved this 23rd of September, 2025 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK