title
O R D I N A N C E
Zoning Petition ZONING-24-000020 Sanchez
resolution
WHEREAS, a public hearing was held on April 17, 2024, 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:
1. Variation to reduce the front yard setback from required 30' to approximately 26.4', for a new house on existing foundation and rear addition.
2. Variation to reduce the corner side setback from required 30' to approximately 27.1', for a new house on existing foundation and rear addition, on the property hereinafter described:
LOT 11 IN BLOCK 2 IN TRI-STATE VILLAGE, A SUBDIVISION OF THAT PART LYING SOUTH OF JOLIET ROAD, OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 17, 1939, AS DOCUMENT 405534, 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 April 17, 2024, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a new home on existing foundation and rear addition, and that as the rehabilitation of the existing home is more than 50% of the existing house, the work to be completed is technically considered a new home on existing foundation.
• That petitioner testified that as the proposed work is technically considered a new home on existing foundation, she would need to meet the current zoning code setbacks and that the home has existed at 26.4’ from the front property line and 27.1 feet from the corner side property line since it was originally constructed.
B. That petitioner testified that she purchased the subject property in September 2023 and that it was abandoned for at least 5 years prior to her purchase and that the inside of the home was covered in mold.
C. That petitioner testified that the rear addition is to expand the existing kitchen and bedroom.
D. That the Zoning Hearing Officer finds that finds that petitioner has demonstrated evidence for a particular hardship, practical difficulty, and unique circumstance, as petitioner indicated that she is not demolishing the existing home and that the work to be completed is rehabbing more than 50% of the existing home and constructing a rear addition, which technically considers the work to be completed as a new home on existing foundation.
• Furthermore, that petitioner is not extending the home further into the front yard and corner side yard setback, and that the zoning relief is for the existing home setbacks, as the proposed work to be completed is technically a new home on existing foundation.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 new house on existing foundation and rear addition will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the new house on existing foundation and rear addition will not increase in the hazard from fire or other dangers and that they will receive a building permit for all work proposed.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the new house on existing foundation and rear addition will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the new house on existing foundation and rear addition 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 new house on existing foundation and rear addition will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the new house on existing foundation and rear addition 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 new house on existing foundation and rear addition will be an added benefit to the neighborhood, and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000020 Sanchez |
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ZONING REQUEST |
1. Variation to reduce the front yard setback from required 30' to approximately 26.4', for a new house on existing foundation and rear addition. 2. Variation to reduce the corner side setback from required 30' to approximately 27.1', for a new house on existing foundation and rear addition. |
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OWNER |
JASMIN SANCHEZ, 149 MEADOW COURT, WILLOWBROOK, IL 60527 |
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ADDRESS/LOCATION |
149 MEADOW COURT, WILLOWBROOK, IL 60527 |
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PIN |
09-35-112-008 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.22 ACRES (9,583 SQ. FT.) |
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UTILITIES |
WELL / SEWER |
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PUBLICATION DATE |
Daily Herald: APRIL 2, 2024 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 17, 2024 |
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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. |
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Stormwater: |
No Objections with the concept of the petition. Additional information required at time of permit application. |
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Public Works: |
No Objections with the concept of the petition. Additional information required at time of permit application. “We have both sewer and water available to this property.” |
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EXTERNAL: |
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City of Darien: |
No Objections. |
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Village of Willowbrook: |
No Comments Received. |
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Village of Burr Ridge: |
No Comments Received. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information required at time of permit application. |
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Tri-State Fire Dist.: |
Our office has no jurisdiction in this matter. |
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Sch. Dist. 62: |
No Comments Received. |
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Sch. Dist. 86: |
No Comments Received. |
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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 District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Front Yard: |
30’ |
APPROX. 26.4’ |
APPROX. 26.4’ |
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Int. Side Yard: |
7.5’ |
APPROX. 9.6’ |
APPROX. 9.6’ |
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Corner Side Yard: |
30’ |
APPROX. 27.1’ |
APPROX. 27.1’ |
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Rear Yard: |
25’ |
APPROX. 71’ |
APPROX. 71’ |
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 |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
MEADOW COURT AND BEYOND 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 |
SUNRISE AVENUE AND BEYOND R-4 SF RES |
FIRE STATION |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on April 17, 2024, recommends to approve the following zoning relief:
1. Variation to reduce the front yard setback from required 30' to approximately 26.4', for a new house on existing foundation and rear addition.
2. Variation to reduce the corner side setback from required 30' to approximately 27.1', for a new house on existing foundation and rear addition.
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-24-000020 Sanchez on April 17, 2024.
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 May 7, 2024, 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:
1. Variation to reduce the front yard setback from required 30' to approximately 26.4', for a new house on existing foundation and rear addition.
2. Variation to reduce the corner side setback from required 30' to approximately 27.1', for a new house on existing foundation and rear addition.
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-24-000020 Sanchez on April 17, 2024.
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 (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:
1. Variation to reduce the front yard setback from required 30' to approximately 26.4', for a new house on existing foundation and rear addition.
2. Variation to reduce the corner side setback from required 30' to approximately 27.1', for a new house on existing foundation and rear addition, on the property hereinafter described:
LOT 11 IN BLOCK 2 IN TRI-STATE VILLAGE, A SUBDIVISION OF THAT PART LYING SOUTH OF JOLIET ROAD, OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 17, 1939, AS DOCUMENT 405534, 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-24-000020 Sanchez on April 17, 2024.
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; JASMIN SANCHEZ, 149 MEADOW COURT, WILLOWBROOK, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 14th day of May, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK