title
O R D I N A N C E
Zoning Petition ZONING-23-000061 Ruth Lake Country Club
resolution
WHEREAS, a public hearing was held on September 27, 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 reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts, on the property hereinafter described:
PARCEL 1: THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THE SOUTH 20 ACRES OF THE EAST ½ THEREOF) AND ALSO EXCEPT THAT PART THEREOF FALLING WITHIN THE FOLLOWING DESCRIBED TRACT:
A TRACT OF LAND IN THE SOUTHWEST OF ¼ AND IN THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF FEDERAL AID ROUTE 102 ILLINOIS 83) WITH THE EXISTING CENTER LINE OF 63RD STREET, SAID POINT BEING AT STATION 517-62.32 ON SAID FEDERAL AID ROUTE 102, THENCE NORTHERLY 462.32 FEET ON THE CENTER LINE OF SAID FEDERAL ROUTE 102, EBING A CURVE CONCAVE EASTERLY WITH A RADIUS OF 63.66.26 FEET TO STATION 513-00; THENCE RADIALLY TO THE EXISTING RIGHT OF WAY LINE AT A POINT 100 FEET EASTERLY OF THE CENTER LINE OF SAID FEDERAL AID ROUTE 102; THENCE SOUTHERLY 295.47 FEET ON A STRAIGHT LINE TO A POINT 120 FEET RADIALLY DISTANT EASTERLY OF STATION 516-00;
THENCE SOUTHEASTERLY 107.49 FEET TO A POINT 80 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET: THENCE EASTERLY 250 FEET PARALLEL WITH THE CENTER LINE OF SAID 83RD STREET; THENCE SOUTHEASTERLY 152.97 FEET TO A POINT 50 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 1076 FEET PARALLEL WITH SAID CENTER LINE. TO GRANTOR'S EAST PROPERTY LINE: THENCE SOUTHERLY 50 FEET TO SAID CENTER LINE; THENCE WESTERLY ON SAID CENTER LINE TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THE EAST ½ OF THE EAST ½ OF THE EAST 1/4 OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE SOUTH 300 FEET THEREOF) AND ALSO EXCEPT THAT PART THEREOF FALLING WITHIN THE FOLLOWING DESCRIBED TRACT:
A TRACT OF LAND IN THE SOUTHWEST 1/4 AND IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF FEDERAL AID ROUTE 102 (ILLINOIS 83) WITH THE EXISTING CENTER LINE OF 63RD STREET, SAID POINT BEING AT STATION 517-62.32 ON SAID FEDERAL AID ROUTE 102: THENCE NORTHERLY 462.32 FEET ON THE CENTER LINE OF SAID FEDERAL AID ROUTE 102, BEING A CURVE CONCAVE EASTERLY WITH A RADIUS OF 6366.26 FEET TO STATION 513-00; THENCE RADIALLY TO THE EXISTING RIGHT OF WAY LINE AT A POINT 100 FEET EASTERLY OF THE CENTER LINE DF SAID FEDERAL AID ROUTE 102; THENCE SOUTHERLY 295.47 FEET ON A STRAIGHT LINE TO A POINT 120 FEET RADIALLY DISTANT EASTERLY OF STATION 516.00; THENCE SOUTHEASTERLY 107.49 FEET TO A LINE 80 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 250 FEET PARALLEL WITH THE CENTER LINE OF SAID 63RD STREET; THENCE SOUTHEASTERLY 152.97 FEET TO A POINT 50 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 1075 FEET PARALLEL WITH SAID CENTER LINE TO GRANTOR'S EAST PROPERTY LINE: THENCE SOUTHERLY 50 FEET TO SAID CENTER LINE; THENCE WESTERLY ON SAID CENTER LINE, TO THE PLACE OF BEGINNING, 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 September 27, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he requested the subject zoning relief to add two (2) recreational pickleball courts to the Ruth Lake Country Club.
B. That petitioner originally applied for a Variation for the proposed zoning relief, and that this request was converted to a Conditional Use, as a Conditional Use is lesser zoning relief than a Variation and that conditions can therefore be placed on the proposed pickleball courts in order to mitigate any impacts on adjacent properties.
C. That petitioner testified that the only location to place the proposed pickleball courts is in the proposed location, approximately 18’ from the front yard property line on Madison Street, due to the existing parking lot, existing monument/entrance sign, and existing trees.
D. That petitioner testified that the proposed pickleball courts will not be illuminated and that they will be screened with existing and proposed trees.
E. That petitioner testified that there will not be an increase in traffic, as the same people that currently use the country club will utilize the pickleball courts.
a. Further, that petitioner testified that the Country Club has a limited membership of 475 families.
F. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Conditional Use to reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts.
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 proposed pickleball courts will 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 proposed pickleball courts and that it will be 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 proposed pickleball courts will be an added benefit to the neighborhood and will be built pursuant to the current DuPage County building codes.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed pickleball courts will be screened from the roadways and will not impact or 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 County’s Stormwater Department has no objections to the proposed pickleball courts.
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 proposed pickleball courts.
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 pickleball courts will not have any impact on adjacent properties and roadways, will not impact on drainage, and will 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-23-000061 Ruth Lake Country Club |
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ZONING REQUEST |
Variation to reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts. |
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OWNER |
RUTH LAKE COUNTRY CLUB, 6200 S. MADISON STREET, HINSDALE, IL 60521/ AGENT: MICHAEL MOORE, MANHARD CONSULTING, LTD., 700 SPRING DRIVE, LOMBARD, IL 60148 |
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ADDRESS/LOCATION |
6200 S. MADISON STREET, HINSDALE, IL 60521 |
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PIN |
09-14-400-002/ 09-14-301-001/ 09-14-400-001 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-4 SF RES |
OPEN SPACE |
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AREA |
153 ACRES (6,664,680 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 12, 2023 |
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PUBLIC HEARING |
WEDNESDAY, SEPTEMBER 27, 2023 |
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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: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Burr Ridge: |
See attached documentation. |
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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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City of Darien: |
No Objections. |
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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 Objections. |
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Sch. Dist. 62: |
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 specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Front Yard: |
30’ |
NA |
APPROX. 18’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
COUNTRY CLUB |
OPEN SPACE |
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North |
R-4 SF RES |
SF RES |
0-5 DU AC |
|
South |
R-5 SF RES |
ATTACHED SF RES |
5-15 DU AC |
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East |
VILLAGE OF BURR RIDGE |
SF RES |
VILLAGE OF BURR RIDGE |
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West |
ROUTE 83 AND BEYOND VILLAGE OF WILLOWBROOK |
COMMERCIAL |
VILLAGE OF WILLOWBROOK |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on September 27, 2023, recommends to approve the following zoning relief:
Conditional Use to reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts.
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-23-000061 Ruth Lake Country Club dated September 27, 2023.
2. That the Conditional Use zoning relief shall expire after ten (10) 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 the proposed pickleball courts shall not be illuminated.
5. That petitioner maintains the existing landscaping around the perimeter of the subject property.
6. 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 October 17, 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 reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts.
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-23-000061 Ruth Lake Country Club dated September 27, 2023.
2. That the Conditional Use zoning relief shall expire after ten (10) 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 the proposed pickleball courts shall not be illuminated.
5. That petitioner maintains the existing landscaping around the perimeter of the subject property.
6. 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 reduce the front yard setback from 30’ to approximately 18’ for the construction of two recreational pickleball courts, on the property hereinafter described:
PARCEL 1: THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THE SOUTH 20 ACRES OF THE EAST ½ THEREOF) AND ALSO EXCEPT THAT PART THEREOF FALLING WITHIN THE FOLLOWING DESCRIBED TRACT:
A TRACT OF LAND IN THE SOUTHWEST OF ¼ AND IN THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF FEDERAL AID ROUTE 102 ILLINOIS 83) WITH THE EXISTING CENTER LINE OF 63RD STREET, SAID POINT BEING AT STATION 517-62.32 ON SAID FEDERAL AID ROUTE 102, THENCE NORTHERLY 462.32 FEET ON THE CENTER LINE OF SAID FEDERAL ROUTE 102, EBING A CURVE CONCAVE EASTERLY WITH A RADIUS OF 63.66.26 FEET TO STATION 513-00; THENCE RADIALLY TO THE EXISTING RIGHT OF WAY LINE AT A POINT 100 FEET EASTERLY OF THE CENTER LINE OF SAID FEDERAL AID ROUTE 102; THENCE SOUTHERLY 295.47 FEET ON A STRAIGHT LINE TO A POINT 120 FEET RADIALLY DISTANT EASTERLY OF STATION 516-00;
THENCE SOUTHEASTERLY 107.49 FEET TO A POINT 80 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET: THENCE EASTERLY 250 FEET PARALLEL WITH THE CENTER LINE OF SAID 83RD STREET; THENCE SOUTHEASTERLY 152.97 FEET TO A POINT 50 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 1076 FEET PARALLEL WITH SAID CENTER LINE. TO GRANTOR'S EAST PROPERTY LINE: THENCE SOUTHERLY 50 FEET TO SAID CENTER LINE; THENCE WESTERLY ON SAID CENTER LINE TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THE EAST ½ OF THE EAST ½ OF THE EAST 1/4 OF THE SOUTHWEST ¼ OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE SOUTH 300 FEET THEREOF) AND ALSO EXCEPT THAT PART THEREOF FALLING WITHIN THE FOLLOWING DESCRIBED TRACT:
A TRACT OF LAND IN THE SOUTHWEST 1/4 AND IN THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF FEDERAL AID ROUTE 102 (ILLINOIS 83) WITH THE EXISTING CENTER LINE OF 63RD STREET, SAID POINT BEING AT STATION 517-62.32 ON SAID FEDERAL AID ROUTE 102: THENCE NORTHERLY 462.32 FEET ON THE CENTER LINE OF SAID FEDERAL AID ROUTE 102, BEING A CURVE CONCAVE EASTERLY WITH A RADIUS OF 6366.26 FEET TO STATION 513-00; THENCE RADIALLY TO THE EXISTING RIGHT OF WAY LINE AT A POINT 100 FEET EASTERLY OF THE CENTER LINE DF SAID FEDERAL AID ROUTE 102; THENCE SOUTHERLY 295.47 FEET ON A STRAIGHT LINE TO A POINT 120 FEET RADIALLY DISTANT EASTERLY OF STATION 516.00; THENCE SOUTHEASTERLY 107.49 FEET TO A LINE 80 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 250 FEET PARALLEL WITH THE CENTER LINE OF SAID 63RD STREET; THENCE SOUTHEASTERLY 152.97 FEET TO A POINT 50 FEET NORMALLY DISTANT NORTHERLY FROM THE CENTER LINE OF SAID 63RD STREET; THENCE EASTERLY 1075 FEET PARALLEL WITH SAID CENTER LINE TO GRANTOR'S EAST PROPERTY LINE: THENCE SOUTHERLY 50 FEET TO SAID CENTER LINE; THENCE WESTERLY ON SAID CENTER LINE, TO THE PLACE OF BEGINNING, 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-23-000061 Ruth Lake Country Club dated September 27, 2023.
2. That the Conditional Use zoning relief shall expire after ten (10) 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 the proposed pickleball courts shall not be illuminated.
5. That petitioner maintains the existing landscaping around the perimeter of the subject property.
6. 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 COUNTRY CLUB, 6200 S. MADISON STREET, HINSDALE, IL 60521/ AGENT: MICHAEL MOORE, MANHARD CONSULTING, LTD., 700 SPRING DRIVE, LOMBARD, IL 60148; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 24th day of October, 2023 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK