Legislation Details

File #: DC-O-0010-26    Version: 1
Type: Development Ordinance Status: Adopted
File created: 2/6/2026 In control: Development Committee
On agenda: 2/17/2026 Final action: 2/24/2026
Title: ZONING-25-000071 – ORDINANCE – Stroe: To approve the following zoning relief: Variation to reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 feet. (Milton / District 4) (Located at the southwest corner of Silverleaf Boulevard and Astor Place) ZHO Recommendation to Approve Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
Attachments: 1. Z-25-000071 Stroe Cty. Bd. (02-24-2026)

 

Zoning Petition ZONING-25-000071 Stroe

 

 

WHEREAS, a public hearing was held on January 21, 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 reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 feet, on the property hereinafter described:

 

LOT 192 IN FIRST ADDITION TO GIBONS AND NEPIL’S JEWEL ROAD SUBDIVISION, BEING A SUBDIVISION IN SECTIONS 7 & 8, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 12, 1924 AS DOCUMENT 182394, 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 4, 2026 does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that the subject zoning relief is for a Variation to reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 feet.                                               

 

B.                     That petitioner testified that they plan to construct an attached garage onto their existing home.

 

C.                     That petitioner testified that their home was constructed in 1955 approximately nine (9) feet from the corner side property line, and that the subject lot was platted on an angle, causing the proposed attached garage addition to be located five (5) feet from the corner side property line.

 

D.                     That petitioner testified that in order to match the existing rooflines of their house and the architectural integrity of the addition, the only location to construct an attached garage is approximately 5 feet from the corner side property line.

 

E.                     That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for a practical difficulty and particular hardship for the subject Variation, as the existing home that the garage will be attached to was built too close to the corner side property line.

 

a.                     Furthermore, that in order to match the existing roofline and architectural integrity of the attached garage, the only location to place an attached garage is approximately 5 feet from the corner side property line.

 

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 home was constructed too close to the corner side property line and that an attached two car garage 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 obtain a building permit for the proposed attached garage and that it will be built pursuant to all building codes.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed attached garage will be an added benefit to the surrounding area and 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 attached garage will be for residential use only 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 proposed attached garage will receive a building permit 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 proposed attached garage will receive a building permit 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 proposed attached garage 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.

 

 

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER:

•                     ZONING-25-000071 Stroe

ZONING REQUEST:

•                     Variation to reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 feet.                                               

OWNER:

•                     CRISTIAN & IONELA STROE, 26W021 ASTOR PLACE, WHEATON, IL 60187

ADDRESS/LOCATION:

•                     26W021 ASTOR PLACE, WHEATON, IL 60187

PIN:

•                     05-07-415-005

TWSP./CTY. BD. DIST.:

•                     MILTON / DISTRICT 4

ZONING/LUP:

•                     R-4 SF RES / 0-5 DU AC

AREA:                     

•                     0.22 ACRES (9,583 SQ. FT.)

UTILITIES:

•                     WATER/SEWER

PUBLICATION DATE:

•                     Daily Herald: JANUARY 6, 2026

PUBLIC HEARING:

•                     WEDNESDAY, JANUARY 21, 2026

 

ADDITIONAL INFORMATION: 

Building: No Objections.

DUDOT: Our office has no jurisdiction in this matter.

Health: No Objections with the concept of the petition. Additional information may be required at time of permit application. “Our records indicate that there is a private water well at this parcel.”

Stormwater: No Objections with the concept of the petition. Additional information may be required at time of permit application.

Public Works: DPC Public Works doesn’t own any sewer or water mains in this area.

 

EXTERNAL:

Village of Winfield: No Comments Received.

City of Wheaton: No Comments Received.

Village of Carol Stream: “No comments from Carol Stream on this one.”

Milton Township: No Comments Received.

Township Highway: No Objections with the concept of the petition. Additional information may be required at time of permit application.

Winfield Fire Dist.: No Comments Received.

Sch. Dist. 200: No Comments Received.

Forest Preserve: “We do not have any comments.”

 

GENERAL BULK REQUIREMENTS

•                     Front Yard

o                     Required: 30 feet

o                     Existing: Approximately 52.39 feet

o                     Proposed: Approximately 52.39 feet

•                     Interior Side Yard

o                     Required: 5 feet

o                     Existing: Approximately 5.44 feet

o                     Proposed: Approximately 5.44 feet

•                     Corner Side Yard

o                     Required: 20 feet

o                     Existing: Approximately 9.04 feet

o                     Proposed: Approximately 5 feet

•                     Rear Yard

o                     Required: 25 feet

o                     Existing: Approximately 64 feet

o                     Proposed: Approximately 64 feet

 

LAND USE

Subject Property:

•                     Zoning: R-4 Single Family Residential / Existing Use: House / Land Use Plan (LUP): 0-5 dwelling units per acre

North of Subject Property:

•                     Zoning: Astor Place and Beyond, R-4 Single Family Residential / Existing Use: House / Land Use Plan (LUP): 0-5 dwelling units per acre

South of Subject Property:

•                     Zoning: R-4 Single Family Residential / Existing Use: House / Land Use Plan (LUP): 0-5 dwelling units per acre

East of Subject Property:

•                     Zoning: Silverleaf Boulevard and Beyond, R-4 Single Family Residential / Existing Use: House / Land Use Plan (LUP): 0-5 dwelling units per acre

West of Subject Property:

•                     Zoning: R-4 Single Family Residential / Existing Use: House / Land Use Plan (LUP): 0-5 dwelling units per acre

 

 

                     WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on February 4, 2026, recommends to approve the following zoning relief:

 

Variation to reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 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-25-000071 Stroe dated January 21, 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 February 17, 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 reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 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-25-000071 Stroe dated January 21, 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): 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 reduce the corner side setback of a new attached garage from required 20 feet to approximately 5 feet, on the property hereinafter described:

 

LOT 192 IN FIRST ADDITION TO GIBONS AND NEPIL’S JEWEL ROAD SUBDIVISION, BEING A SUBDIVISION IN SECTIONS 7 & 8, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 12, 1924 AS DOCUMENT 182394, 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-25-000071 Stroe dated January 21, 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; CRISTIAN & IONELA STROE, 26W021 ASTOR PLACE, WHEATON, IL 60187; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

 

Enacted and approved this 24th of February, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK