title
Zoning Petition ZONING-25-000013 Aspen Inc.
resolution
WHEREAS, a public hearing was held on April 30, 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:
Conditional Use to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years, on the property hereinafter described:
LOT 8 IN BLOCK 12 IN FEUERBORN AND KLODE’S SWIFT ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST ¼ AND THE NORTHWEST ¼ OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 30, 1925 AS DOCUMENT 187874, 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 May 7, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years
B. That petitioner testified that the subject home is vacant and currently managed by Hudson Homes Rental, a Texas-based company.
C. That petitioner testified that they were hired by Hudson Homes Rental to complete the rehabilitation work on the subject property before the property is marketed for sale.
D. That petitioner testified that the subject shed is located on a concrete slab and is in good condition.
E. That petitioner testified that the subject shed has existed for at least fifteen (15) years.
F. That petitioner testified that there are no utilities in the subject shed and that it is a residential storage shed.
G. That the Zoning Hearing Officer finds that petitioner has demonstrated that the subject zoning relief to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years, does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
a. Furthermore, that the two (2) year proposed period of relief is intended to permit the subject owner to obtain a tenant for the property, for the tenant to establish some regular use of the shed, and the County to determine whether the actual use is consistent with the testimony at the hearing and the conditions set forth in the relief.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Conditional Use 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the existing shed does not impact or impair the supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit from the County for the existing shed and that it was built pursuant to the current DuPage County building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing shed does not diminish the value of land throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing shed is located behind the front wall of the home and does not impact traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that that the existing shed does not increase potential for flood damages to the adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the existing shed does 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 existing shed does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000013 Aspen Inc. |
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ZONING REQUEST |
Conditional Use to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years. |
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OWNER |
US BANK TRUST, 21W341 BELDEN AVENUE, LOMBARD, IL 60148 / US BANK TRUST, 2711 N KASKELL, DALLAS, TX 60148 / AGENT: ASPEN GENERAL CONTRACTORS, INC., 1865 HICKS ROAD SUITE A, ROLLING MEADOWS, IL 60008 |
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ADDRESS/LOCATION |
21W341 BELDEN AVENUE, LOMBARD, IL 60148 |
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PIN |
02-36-211-001 |
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TWSP./CTY. BD. DIST. |
BLOOMINGDALE |
DISTRICT 1 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.47 ACRES (20,473 SQ. FT.) |
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UTILITIES |
WATER/SEPTIC |
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PUBLICATION DATE |
Daily Herald: APRIL 15, 2025 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 30, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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Health: |
No Comments Received. |
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Stormwater: |
No Objections. |
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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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Village of Glendale Heights: |
No Comments Received. |
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Village of Bloomingdale: |
No Comments Received. |
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Village of Addison: |
No Objections. “Consider structure as existing nonconforming. No issues for the existing shed to remain in its current location, but should replacement take place recommend placing it at least 5' from any rear or side yard property lines.” |
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Village of Glen Ellyn: |
No Comments Received. |
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Village of Lombard: |
“The subject property is outside the Village of Lombard’s planning boundary. As such, we have no comment on the petition.” |
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Bloomingdale Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Bloomingdale Fire Dist.: |
No Objections. |
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Sch. Dist. 15: |
No Comments Received. |
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Sch. Dist. 87: |
No Comments Received. |
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Forest Preserve: |
“Forest Preserve District staff have reviewed the information provided and do not have any comments.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Rear Yard: |
3 FT |
APPROX. 2.6 FT |
APPROX. 2.6 FT |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
BELDEN AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
VACANT |
0-5 DU AC |
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West |
UNIMPROVED ROW AND BEYOND R-4 SF RES |
VACANT |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on May 7, 2025, recommends to approve the following zoning relief:
Conditional Use to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years.
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-25-000013 Aspen Inc. dated April 30, 2025.
2. That the Conditional Use zoning relief shall expire after two (2) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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 May 20, 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:
Conditional Use to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years.
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-25-000013 Aspen Inc. dated April 30, 2025.
2. That the Conditional Use zoning relief shall expire after two (2) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion 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:
Conditional Use to allow an existing shed to remain less than 3 feet from the rear property line (approximately 2.6 feet), where the shed has existed for at least 5 years, on the property hereinafter described:
LOT 8 IN BLOCK 12 IN FEUERBORN AND KLODE’S SWIFT ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST ¼ AND THE NORTHWEST ¼ OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 30, 1925 AS DOCUMENT 187874, 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-25-000013 Aspen Inc. dated April 30, 2025.
2. That the Conditional Use zoning relief shall expire after two (2) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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; US BANK TRUST, 21W341 BELDEN AVENUE, LOMBARD, IL 60148 / US BANK TRUST, 2711 N KASKELL, DALLAS, TX 60148 / AGENT: ASPEN GENERAL CONTRACTORS, INC., 1865 HICKS ROAD SUITE A, ROLLING MEADOWS, IL 60008; and Township Assessor, Bloomingdale Township, 123 N. Rosedale, Bloomingdale, IL 60108.
end
Enacted and approved this 27th day of May, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK