title
Zoning Petition ZONING-23-000071 Gilman
resolution
WHEREAS, a public hearing was held on October 4, 2023, 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 the finished side of fence to face inward instead of outward toward the adjacent property, on the property hereinafter described:
LOT 4 IN BLOCK 11 IN DOWNERS GROVE GARDENS, A SUBDIVISION IN SECTION 13, TOWNSHIP 38 NORTH, RANGE 10, AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 7, 1924 AS DOCUMENT 177390, 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 October 4, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow the finished side of fence to face inward instead of outward toward the adjacent property.
B. That petitioner originally applied for a Variation for the subject zoning relief, and that the request was converted to a Conditional Use at the public hearing, as a Conditional Use is lesser zoning relief than a Variation, and that conditions can therefore be placed on the subject fence to mitigate any future impacts on adjacent properties.
C. That petitioner testified that they have requested the subject zoning relief as their fence contractor installed the subject fence incorrectly and that the wood fence that they ordered was supposed to be the same on both sides of the fence.
D. That petitioner’s adjacent neighbors testified that they do not have any objections to the subject fence.
E. That Hearing Officer finds that petitioner has demonstrated that subject zoning relief to allow the finished side of fence to face inward instead of outward toward the adjacent property 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.
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 subject fence 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 have received a building permit from the County for the subject fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the subject fence does not diminish the value of land and that the adjacent neighbors do not object to the fence.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the subject fence is located behind the front wall of the home and does not impact traffic.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the County’s Stormwater Department has no objections to the subject fence.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to the subject fence.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the subject fence 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 |
|
CASE #/PETITIONER |
ZONING-23-000071 Gilman |
|
ZONING REQUEST |
Variation to allow the finished side of fence to face inward instead of outward toward the adjacent property. |
|
OWNER |
KEVIN AND SARA GILMAN, 5820 WOODWARD AVENUE, DOWNERS GROVE, IL 60516 |
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ADDRESS/LOCATION |
5820 WOODWARD AVENUE, DOWNERS GROVE, IL 60516 |
|
PIN |
08-13-214-009 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.45 (19,602 SQ. FT.) |
|
UTILITIES |
WATER AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 19, 2023 |
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PUBLIC HEARING |
WEDNESDAY, OCTOBER 4, 2023 |
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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. |
|
Health: |
No Objections. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
Village of Woodridge: |
Our office has no jurisdiction in this matter. |
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Village of Downers Grove: |
Objects. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “Subject property is not within the Village’s Boundary Agreement.” |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Objections. |
|
Darien-Woodridge Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 58: |
No Comments Received. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and the District property, we do not have any specific comments. Thank you.” |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
WOODWARD AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-4 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 October 4, 2023, recommends to approve the following zoning relief:
Conditional Use to allow the finished side of fence to face inward instead of outward toward the adjacent 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-23-000071 Gilman dated October 4, 2023.
2. That the Conditional Use zoning relief shall expire after fifteen (15) 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 November 7, 2023, 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 the finished side of fence to face inward instead of outward toward the adjacent 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-23-000071 Gilman dated October 4, 2023.
2. That the Conditional Use zoning relief shall expire after fifteen (15) 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 (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 the finished side of fence to face inward instead of outward toward the adjacent property, on the property hereinafter described:
LOT 4 IN BLOCK 11 IN DOWNERS GROVE GARDENS, A SUBDIVISION IN SECTION 13, TOWNSHIP 38 NORTH, RANGE 10, AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 7, 1924 AS DOCUMENT 177390, 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-23-000071 Gilman dated October 4, 2023.
2. That the Conditional Use zoning relief shall expire after fifteen (15) 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; KEVIN AND SARA GILMAN, 5820 WOODWARD AVENUE, DOWNERS GROVE, IL 60516; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 14th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK