Zoning Petition ZONING-25-000003 Ponce
WHEREAS, a public hearing was held on February 19, 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:
Variation to substitute a paved surface driveway for a gravel driveway, on the property hereinafter described:
LOT 12 IN SUBDIVISION OF THE SELBY HOYLE FARM UNIT NUMBER ONE, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN,A CCORDING TO THE PLAT THEREOF RECORDED FEBRUYARY 16, 1945 AS DOCUMENT 473782 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 March 19, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow a Variation to substitute a paved surface driveway for a gravel driveway.
B. That petitioner testified that he purchased the subject property in 2021.
C. That petitioner testified that when he purchased the subject property, he called the wrong department and they told him he does not need a permit to install a gravel driveway, and that he constructed the gravel driveway starting at the street and going to the rear of the subject property.
D. That petitioner testified that he currently uses the subject gravel driveway to store his recreational vehicle and as a play area for his children.
E. That petitioner testified that he proposes to build a detached garage in the rear of the subject property and that the gravel driveway will be used as the access for the gravel driveway.
F. 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 substitute a paved surface driveway for a gravel driveway.
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 gravel driveway 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 gravel driveway 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 gravel driveway 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 gravel driveway 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 gravel driveway 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 gravel driveway 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 gravel driveway 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-25-000003 Ponce |
|
ZONING REQUEST |
Variation to substitute a paved surface driveway for a gravel driveway. |
|
OWNER |
GERMAN PONCE RUIZ & ANA SALGADO ROMERO, 21W148 SUNSET AVENUE, LOMBARD, IL 60148 |
|
ADDRESS/LOCATION |
21W148 SUNSET AVENUE, LOMBARD, IL 60148 |
|
PIN |
05-01-201-031 |
|
TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.92 ACRES (40,075 SQ. FT.) |
|
UTILITIES |
WELL/SEPTIC |
|
PUBLICATION DATE |
Daily Herald: FEBRUARY 4, 2025 |
|
PUBLIC HEARING |
WEDNESDAY, FEBRUARY 19, 2025 |
|
ADDITIONAL INFORMATION: |
|
Building: |
Objects. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
No Objections. |
|
Stormwater: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. “DPC Stormwater Management has identified a violation of the Stormwater Ordinance due to the presence of an uncertified gravel driveway. Resolving this violation may require regrading for drainage and implementing post-construction best management practices (PCBMPs), along with other potential stormwater ordinance requirements. A stormwater certification application, including a violation resolution plan, must be submitted and approved before a building permit can be issued.” |
|
Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
|
EXTERNAL: |
|
|
Village of Glendale Heights: |
No Comments Received. |
|
Village of Addison: |
Our office has no jurisdiction in this matter. |
|
Village of Lombard: |
Objects. (See attached documentation) |
|
Village of Glen Ellyn: |
No Comments Received. |
|
Milton Township: |
No Comments Received. |
|
Township Highway: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
|
Lombard Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 41: |
No Comments Received. |
|
Sch. Dist. 87: |
No Comments Received. |
|
Forest Preserve: |
No Comments Received. |
LAND USE:
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
VILLAGE OF LOMBARD |
COMMERCIAL |
VILLAGE OF LOMBARD |
|
South |
SUNSET AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
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 March 19, 2025, recommends to deny the following zoning relief:
Variation to substitute a paved surface driveway for a gravel driveway.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on April 1, 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:
Variation to substitute a paved surface driveway for a gravel driveway.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 4 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to substitute a paved surface driveway for a gravel driveway, on the property hereinafter described:
LOT 12 IN SUBDIVISION OF THE SELBY HOYLE FARM UNIT NUMBER ONE, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN,A CCORDING TO THE PLAT THEREOF RECORDED FEBRUYARY 16, 1945 AS DOCUMENT 473782 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; GERMAN PONCE RUIZ & ANA SALGADO ROMERO, 21W148 SUNSET AVENUE, LOMBARD, IL 60148; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 8th day of April, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK