title
Zoning Petition ZONING-26-000025 Ulisano
resolution
WHEREAS, a public hearing was held on June 17, 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 interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 feet, on the property hereinafter described:
LOT 3 IN BLOCK 8 IN ARTHURT MCINTOSH AND COMPANY'S FAIRVIEW SUBDVISION, BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT NO. 169326, 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 July 1, 2026, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 feet.
B. That petitioner testified that an addition to the existing residence was completed in 1985 by the prior owners.
C. That petitioner testified that they propose to expand the existing kitchen by constructing an addition/bump-out within the existing thirteen (13)-foot recessed area located at the southwest corner of the residence, extending the addition to align with the existing south and west exterior walls of the home.
a. That petitioner further testified that the existing roofline would remain unchanged, as the recessed area is already covered by a substantial roof overhand.
D. That petitioner testified that the existing residence is currently located approximately 6.59 feet from the south interior property line, and that the proposed addition will not further reduce that existing setback.
E. That the Zoning Hearing Officer finds that the Petitioner has demonstrated a practical difficulty and particular hardship supporting the requested Variation, specifically because the existing residence is already situated approximately 6.59 feet from the interior side property line, and the proposed addition is designed to maintain the existing roofline and architectural integrity of the home.
a. Furthermore, that the Zoning Hearing Officer finds that the existing residence was originally constructed with a nonconforming interior side yard setback, and that any addition designed to maintain the existing roofline and architectural integrity of the residence along the south side would require the requested Variation.
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 addition will not impair an adequate supply of light and air to the adjacent property and will match the existing house setbacks.
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 addition and that it will be built pursuant to all DuPage County building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed addition 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 addition is located in the rear of the existing house 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 they will receive a building permit for the proposed addition 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 they will receive a building permit for the proposed addition 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 addition will meet all building requirements 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-26-000025 Ulisano
ZONING REQUEST: Variation to reduce the interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 feet.
OWNER: BEN ULISANO, 3710 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515
ADDRESS/LOCATION: 3710 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515
PIN: 06-32-411-014
TWSP./CTY. BD. DIST.: YORK / DISTRICT 2
ZONING/LUP: R-4 SF RES / 0-5 DU AC
AREA: 0.62 ACRES (27,007 SQ. FT.)
UTILITIES: WATER/SEWER
PUBLICATION DATE: DAILY HERALD: JUNE 2, 2026
PUBLIC HEARING: WEDNESDAY, JUNE 17, 2026
ADDITIONAL INFORMATION:
Building: No objection or concerns with the petition.
DUDOT: No Comments Received.
Health: Our office has no jurisdiction in this matter.
Stormwater: No objections or concerns 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 Downers Grove: I object or have concerns with the petition. (See attached letter from the Village of Downers Grove)
Village of Oak Brook: No Comments Received.
Village of Westmont: No Comments Received.
Village of Lombard: “We have no comment on this petition. The property is outside the Lombard planning boundary.”
York Township: No Comments Received.
Township Highway: No objection or concerns with the petition.
Downers Grove Fire Dist.: No Comments Received.
Sch. Dist. 58: No Comments Received.
Sch. Dist. 99: Our office has no jurisdiction in this matter.
Forest Preserve: “Forest Preserve District of DuPage County staff have reviewed the information provided regarding cases: ZONING-26-000009 Mats Property Group, LLC; ZONING-26-000025 Ulisano; ZONING-26-000024 Calahan; and Zoning Petition ZONING-26-000017 First Baptist Church, and we do not have any comments.”
GENERAL BULK REQUIREMENTS
• Interior Side Yard
o Required: 10 feet
o Existing: 6.59 feet
o Proposed: 6.59 feet
LAND USE
Subject Property:
• Zoning: R-4 SINGLE-FAMILY RESIDENCE / Existing Use: RESIDENTIAL / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
• Zoning: R-4 SINGLE-FAMILY RESIDENCE / Existing Use: RESIDENTIAL / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
• Zoning: R-4 SINGLE-FAMILY RESIDENCE / Existing Use: RESIDENTIAL / Land Use Plan (LUP): 0-5 DU AC
East of Subject Property:
• Zoning: VILLAGE OF OAK BROOK / Existing Use: RESIDENTIAL
/ Land Use Plan (LUP): 0-5 DU AC
West of Subject Property:
• Zoning: R-4 SINGLE-FAMILY RESIDENCE / Existing Use: RESIDENTIAL
/ Land Use Plan (LUP): 0-5 DU AC
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on July 1, 2026, recommends to approve the following zoning relief:
Variation to reduce the interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 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-26-000025 Ulisano dated June 17, 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 August 4, 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 interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 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-26-000025 Ulisano dated June 17, 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): 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 reduce the interior side setback for a kitchen bump-out/addition from required 10 feet to approximately 6.59 feet, on the property hereinafter described:
LOT 3 IN BLOCK 8 IN ARTHURT MCINTOSH AND COMPANY'S FAIRVIEW SUBDVISION, BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT NO. 169326, 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-26-000025 Ulisano dated June 17, 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; BEN ULISANO, 3710 FAIRVIEW AVENUE, DOWNERS GROVE, IL 60515; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
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Enacted and approved this 11th day of August, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK