title
O R D I N A N C E
Zoning Petition ZONING-24-000052 Ruth Lake Woods
Condominium Association
resolution
WHEREAS, a public hearing was held on July 24, 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:
Variation to allow the finished side of the proposed privacy fence to face inward instead of outward, on the property hereinafter described:
UNITS 3,4, 15,16, 23, 24, 29, & 30 IN LOT 1 OF RUTH LAKE WOODS, BEING A SUBDIVISION OF PART OF THE SOUTH 20 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. FIFTH AMENDMENT TO RUTH LAKE WOODS PLAT DESCRIBE HEREIN AS EXHIBIT B OF CONDOMINIUM OWNERSHIP DECLARATIONS AND RECORDED ON OCTOBER 3, 1986 AS DOCUMENT R86-122055UTH LAKE; 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 24, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to replace an existing twenty (20) year old fence in the same direction and location, with the good side of the fence to face inward instead of outward.
B. That petitioner testified that adjacent north of the proposed fence is the Ruth Lake Country Club maintenance buildings, parking lot, and pickle ball courts and that the good side of the existing fence faces inward due to this reason.
C. That the Country Club submitted a letter indicating that they do not object to the good side of the proposed fence to face inward instead of outward.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for the subject zoning relief and that petitioner requires the subject zoning relief due to the unique circumstance of the proposed fence located adjacent to a country club’s maintenance buildings, parking lots, and pickle ball courts, and that it is not adjacent to a residential use property.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 fence is replacing a prior fence in the same direction and location, and that it 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 the proposed fence will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed fence is replacing a prior fence in the same direction and location, and that it 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 fence 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 fence 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 fence 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 fence will be replacing an existing fence in the same direction and location, and will not otherwise 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-24-000052 Ruth Lake Woods Condominium Association |
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ZONING REQUEST |
Variation to allow the finished side of the proposed privacy fence to face inward instead of outward. |
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OWNER |
RUTH LAKE WOODS CONDOMINIUM ASSOCIATION, MANAGED BY REDBRICK PROPERTY MANAGEMENT, 204 E. ST. CHARLES ROAD, LOMBARD, IL 60148/ AGENT: FRED SEEHOLZER, 770 RUTH LAKE COURT, HINSDALE, IL 60521 |
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ADDRESS/LOCATION |
RUTH LAKE WOODS CONDOMINIUM ASSOCIATION COMMON AREA, LOCATED BEHIND ADDRESSES: 60 GODAIR CIRCLE, 54 GODAIR CIRCLE, 42 GODAIR CIRCLE, AND 38 GODAIR CIRCLE, HINSDALE, IL 60521 |
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PIN |
COMMON AREA BEHIND: 09-14-401-006, 09-14-401-004, 09-14-401-003, 09-14-401-005 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-5 GEN RES |
5-15 DU AC |
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AREA |
COMMON AREA |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: JULY 9, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JULY 24, 2024 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Objections. |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC PW doesn’t own any sewer or water mains in the area, it is in the Flagg Creek Sanitary District.” |
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EXTERNAL: |
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Village of Hinsdale: |
No Comments Received. |
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Village of Clarendon Hills: |
No Comments Received. |
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Village of Westmont: |
No Comments Received. |
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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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City of Darien: |
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 may be required at time of permit application.” |
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Tri-State Fire Dist.: |
No Comments Received. |
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Sch. Dist. 62: |
No Comments Received. |
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Sch. Dist. 86: |
No Objections. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this Notice and do not have any specific comments. Thank you.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-5 GEN RES |
TOWNHOME |
5-15 DU AC |
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North |
R-4 SF RES |
RECREATIONAL |
0-5 DU AC |
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South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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East |
MADISON STREET AND BEYOND VILLAGE OF BURR RIDGE |
HOUSE |
VILLAGE OF BURR RIDGE |
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West |
R-5 GEN RES |
APARTMENTS |
5-15 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on July 24, 2024, recommends to approve the following zoning relief:
Variation to allow the finished side of the proposed privacy fence to face inward instead of outward.
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-24-000052 Ruth Lake Woods Condominium Association dated July 24, 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 August 6, 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:
Variation to allow the finished side of the proposed privacy fence to face inward instead of outward.
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-24-000052 Ruth Lake Woods Condominium Association dated July 24, 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): 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 allow the finished side of the proposed privacy fence to face inward instead of outward, on the property hereinafter described:
UNITS 3,4, 15,16, 23, 24, 29, & 30 IN LOT 1 OF RUTH LAKE WOODS, BEING A SUBDIVISION OF PART OF THE SOUTH 20 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. FIFTH AMENDMENT TO RUTH LAKE WOODS PLAT DESCRIBE HEREIN AS EXHIBIT B OF CONDOMINIUM OWNERSHIP DECLARATIONS AND RECORDED ON OCTOBER 3, 1986 AS DOCUMENT R86-122055UTH LAKE; 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-24-000052 Ruth Lake Woods Condominium Association dated July 24, 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; RUTH LAKE WOODS CONDOMINIUM ASSOCIATION, MANAGED BY REDBRICK PROPERTY MANAGEMENT, 204 E. ST. CHARLES ROAD, LOMBARD, IL 60148/ AGENT: FRED SEEHOLZER, 770 RUTH LAKE COURT, HINSDALE, IL 60521; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 13th day of August, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK