title
Zoning Petition ZONING-25-000016 McMaster
resolution
WHEREAS, a public hearing was held on May 21, 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 from Section 37-704.3 to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two buildable lots on the property, on the property hereinafter described:
LOT 47 IN GIBONS AND NEPIL’S JEWELL ROAD SUBDIVISION, A SUBDIVISION IN SECTION 8 AND 17, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 7, 1923 AS DOCUMENT 167355, 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 June 4, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two (2) buildable lots on the property.
B. That petitioner testified that they intend to build one (1) house on each fifty (50) foot wide lot, for a total of two (2) houses.
C. That petitioner testified that the practical difficulty and unique circumstance for the subject zoning relief is that most lots in the neighborhood are fifty (50) feet wide and that the subject property was originally platted larger than the majority of lots in the neighborhood.
D. That the Zoning Hearing Officer finds that neighbors testified during the public hearing that some fifty (50) foot wide lots in the neighborhood have been developed and that there are also larger lots in the neighborhood.
a. Upon review, the Zoning Hearing Officer finds that some properties in the immediate area of the subject property consist of two (2) fifty (50) foot wide lots with only one (1) house, but those properties could choose to develop two (2) homes as they are historic lots of record.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated a practical difficulty and unique circumstance with the subject property, as the subject was platted larger than most properties in the immediate neighborhood and that although there are larger properties in the neighborhood, many of those lots consist of two (2) fifty (50) foot wide historic lots of record that could choose to develop two (2) houses.
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 subdivision of the subject property will match other property sizes in the immediate neighborhood 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 all construction and excavation that would occur on the subject property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed subdivision of the subject property will match other property sizes in the immediate neighborhood, and that the proposed 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 demonstrated that the proposed 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 demonstrated that the proposed 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 demonstrated that the proposed 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 demonstrated that the proposed subdivision will not impair the public health, safety, comfort, morals, or general welfare to the inhabitants of DuPage County as the proposed subdivision will match existing property sizes in the immediate neighborhood.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000016 McMaster |
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ZONING REQUEST |
Variation from Section 37-704.3 to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two buildable lots on the property. |
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OWNER |
KIM & BARBARA BUCHOLZ, 0N105 NEPIL AVENUE, WHEATON, IL 60187 / AGENT: GLEN MCMASTER, MCMASTER CUSTOM HOMES, LLC., 1919 S. HIGHLAND AVENUE, LOMBARD, IL 60148/ TRACY D. KASSON, RATHJE WOODWARD LLC, 300 E. ROOSEVELT ROAD, SUITE 220, WHEATON, IL 60187 |
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ADDRESS/LOCATION |
0N105 NEPIL AVENUE, WHEATON, IL 60187 |
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PIN |
05-08-309-013 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.56 ACRES (24,394 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: MAY 6, 2025 |
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PUBLIC HEARING |
WEDNESDAY, MAY 21, 2025 |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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West |
NEPIL AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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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 with the concept of the petition. Additional information may be required at time of permit application. “The Health Department has no objection. There is a private water well on the property and the well will need to be sealed prior to demolition and construction of the new homes.” |
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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: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
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EXTERNAL: |
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City of Wheaton: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Village of Carol Stream: |
“Carol Stream has no comments on this application.” |
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Milton Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Winfield Fire Dist.: |
No Comments Received. |
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Sch. Dist. 200: |
No Comments Received. |
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Forest Preserve: |
“Forest Preserve District staff have reviewed the information provided and do not have any comments.” |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on June 4, 2025, recommends to approve the following zoning relief:
Variation from Section 37-704.3 to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two buildable lots on the property.
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-25-000016 McMaster dated May 21, 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 June 17, 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 from Section 37-704.3 to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two buildable lots on the property.
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-25-000016 McMaster dated May 21, 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): 4 Ayes, 0 Nays, 3 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation from Section 37-704.3 to reduce the lot width from 75 to 50 feet for lots served by sewer and water to create two buildable lots on the property, on the property hereinafter described:
LOT 47 IN GIBONS AND NEPIL’S JEWELL ROAD SUBDIVISION, A SUBDIVISION IN SECTION 8 AND 17, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 7, 1923 AS DOCUMENT 167355, 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-25-000016 McMaster dated May 21, 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; KIM & BARBARA BUCHOLZ, 0N105 NEPIL AVENUE, WHEATON, IL 60187 / AGENT: GLEN MCMASTER, MCMASTER CUSTOM HOMES, LLC., 1919 S. HIGHLAND AVENUE, LOMBARD, IL 60148/ TRACY D. KASSON, RATHJE WOODWARD LLC, 300 E. ROOSEVELT ROAD, SUITE 220, WHEATON, IL 60187and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 24th day of June, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK