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Zoning Petition ZONING-25-000023 Sleiman
WHEREAS, a public hearing was held on May 21, 2025 and June 18, 2025 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 interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
2. Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop, on the property hereinafter described:
THE NORTH 130.90 FEET OF THE WEST 280.00 FEET OF LOT 31 IN BLOCK 4 IN ARTHUR T. MCINTOSH & COMPANY'S EDGEWOOD, BEING A SUBDIVISION OF PART OF SECTIONS 8 AND 9, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 8, 1929 AS DOCUMENT 279197, 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 July 2, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow a Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop and a Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
B. That petitioner testified that he has owned the subject property for approximately one (1) year.
C. That petitioner testified that there was a small chicken coop in the same area as the new chicken coop before he purchased the subject property.
D. That petitioner testified that he built the new coop in the same area as the previous chicken coop without a building permit.
E. That petitioner testified that there is a vacant lot behind the existing chicken coop.
F. That petitioner testified that it would be expensive to move the existing chicken coop to meet the required setbacks.
G. That petitioner testified that he does not want to have a chicken coop twenty-five (25) feet from the interior side and rear property line as a chicken coop would cause too much noise and smells adjacent to his house.
H. That the Zoning Hearing Officer finds that petitioner has not demonstrated sufficient evidence for a practical difficulty or particular hardship in relation to the subject zoning relief for a Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop and a Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
a. Furthermore, that the Zoning Hearing Officer finds that petitioner indicated economic reasons for the subject zoning relief and also indicated that compliance with the required setbacks would cause a chicken coop to be located too close to his house in spite of the fact that he stated that he has a large property approximately 0.84 acres in size.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not 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 not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines 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 not demonstrated that the existing chicken coop located less than 25 feet from the interior side and rear property lines will not impair the public health, safety, comfort, morals, or general welfare and will be an added benefit to the neighborhood.
PETITIONER'S DEVELOPMENT FACT SHEET
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER
ZONING-25-000023 Sleiman
ZONING REQUEST
1. Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
2. Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
OWNER
MOUSSA & MARIELE SLEIMAN, 5S571 TUTHILL ROAD, NAPERVILLE, IL 60563
ADDRESS/LOCATION
5S571 TUTHILL ROAD, NAPERVILLE, IL 60563
PIN
08-08-401-038
TWSP./CTY. BD. DIST.
LISLE
DISTRICT 5
ZONING/LUP
R-3 SF RES
0-5 DU AC
AREA
0.84 ACRES (36,590 SQ. FT.)
UTILITIES
WELL/SEPTIC
PUBLICATION DATE
Daily Herald: MAY 6, 2025
PUBLIC HEARING
WEDNESDAY, MAY 21, 2025, CONTINUED TO JUNE 18, 2025
ADDITIONAL INFORMATION:
Building:
Objects.
DUDOT:
Our office has no jurisdiction in this matter.
Health:
No Objections.
Stormwater:
No Objections.
Public Works:
"DPC Public Works doesn't own any sewer or water mains in the area."
EXTERNAL:
Village of Lisle:
Our office has no jurisdiction in this matter. "The subject property is outside of the Village's boundary agreement."
City of Naperville:
No Comments Received.
Lisle Township:
No Comments Received.
Township Highway:
Our office has no jurisdiction in this matter.
Lisle-Woodridge Fire Dist.:
"N/A"
Sch. Dist. 203:
No Comments Received.
Forest Preserve:
No Objection.
GENERAL BULK REQUIREMENTS:
REQUIREMENTS:
REQUIRED
EXISTING
PROPOSED
Int. Side Yard:
25 FEET
APPROX. 3 FT
APPROX. 3 FT
Rear Yard:
25 FEET
APPROX. 3 FT
APPROX. 3 FT
LAND USE:
Location
Zoning
Existing Use
LUP
Subject
R-3 SF RES
HOUSE
0-5 DU AC
North
R-3 SF RES
HOUSE
0-5 DU AC
South
R-3 SF RES
HOUSE
0-5 DU AC
East
R-3 SF RES
HOUSE
0-5 DU AC
West
TUTHILL ROAD AND BEYOND R-3 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 July 2, 2025, recommends to deny the following zoning relief:
1. Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
2. Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 19, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative the following zoning relief:
1. Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
2. Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 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 interior side setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop.
2. Variation to reduce the rear setback for a chicken coop from required 25 feet to approximately 3 feet for an existing chicken coop, on the property hereinafter described:
THE NORTH 130.90 FEET OF THE WEST 280.00 FEET OF LOT 31 IN BLOCK 4 IN ARTHUR T. MCINTOSH & COMPANY'S EDGEWOOD, BEING A SUBDIVISION OF PART OF SECTIONS 8 AND 9, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 8, 1929 AS DOCUMENT 279197, IN DUPAGE COUNTY, ILLINOIS; and
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; MOUSSA & MARIELE SLEIMAN, 5S571 TUTHILL ROAD, NAPERVILLE, IL 60563; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
Enacted and approved this 26th of August, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK