title
Zoning Petition ZONING-25-000018 Tessel
resolution
WHEREAS, a public hearing was held on May 21, 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 reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab), on the property hereinafter described:
LOT 12 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S FAIRVIEW AVENUE SUBDIVISION BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT 169326, 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 June 4, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab).
B. That petitioner testified that he purchased the subject property in 2021 and moved in about one (1) year ago.
C. That petitioner testified that the existing shed is in a state of disrepair and that he is unable to use the existing shed for storage due to holes in the roof.
D. That petitioner testified that the existing shed is located on a 14’ x 14’ concrete slab that is located approximately 3 feet 10 inches from the interior side property line.
E. That petitioner testified that he proposes to build a new shed on the existing concrete slab for the purpose of residential storage.
F. That petitioner testified that his practical difficulty and unique circumstance is that the existing shed located on an existing concrete slab has existed for approximately forty (40) years and that rather than remove the concrete, petitioner would like to reuse the available concrete slab for a new shed.
G. That the Zoning Hearing Officer finds that petitioner has demonstrated a practical difficulty and unique circumstance in relation to the subject zoning relief, as the existing shed on the subject property is in a state of disrepair and located on an existing concrete slab and that petitioner would like to build a new shed in the same location, utilizing the existing concrete slab for the base, as it has existed for over forty (40) years.
STANDARDS FOR VARIATIONS:
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 existing shed has been located on the subject property for over forty (40) years and that petitioner is building a new shed on the existing concrete slab.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain permits for all construction on the subject property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing shed has been located on the subject property for over forty (40) years and that building a new shed in the same location 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 shed will be located in the rear of the subject property and will not 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 shed 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 shed 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 shed will be an added benefit to the surrounding area 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-25-000018 Tessel |
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ZONING REQUEST |
Variation to reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab). |
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OWNER |
MICHAEL AND NICOLE TESSEL, 3621 DOUGLAS ROAD, DOWNERS GROVE, IL 60515 |
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ADDRESS/LOCATION |
3621 DOUGLAS ROAD, DOWNERS GROVE, IL 60515 |
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PIN |
06-32-407-004 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.63 ACRES (27,443 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: MAY 6, 2025 |
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PUBLIC HEARING |
WEDNESDAY, MAY 21, 2025 |
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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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
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EXTERNAL: |
|
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Village of Downers Grove: |
No Comments Received. |
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Village of Lombard: |
“This property is outside the Village of Lombard’s planning jurisdiction. As such, we have no comment on the petition.” |
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Village of Oak Brook: |
No Comments Received. |
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Village of Westmont: |
No Comments Received. |
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York Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Downers Grove Fire Dist.: |
No Comments Received. |
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Sch. Dist. 58: |
No Comments Received. |
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Sch. Dist. 99: |
No Objections. |
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Forest Preserve: |
“Forest Preserve District staff have reviewed the information provided and do not have any comments.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
10’ |
APPROX. 3’10” |
APPROX. 3’10” |
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 |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
DOUGLAS ROAD AND BEYOND 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 June 4, 2025, recommends to approve the following zoning relief:
Variation to reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab).
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-25-000018 Tessel dated June 4, 2025
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 June 17, 2025, 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 reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab).
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-25-000018 Tessel dated June 4, 2025.
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 (Motion to Approve): 4 Ayes, 0 Nays, 3 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to reduce the interior side property setback for a new shed from required 10 feet to approximately 3 feet 10 inches (replacing existing shed with new shed on existing slab), on the property hereinafter described:
LOT 12 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S FAIRVIEW AVENUE SUBDIVISION BEING A SUBDIVISION IN THE EAST HALF OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND IN THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED SEPTEMBER 7, 1923 AS DOCUMENT 169326, 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-25-000018 Tessel dated June 4, 2025
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; MICHAEL AND NICOLE TESSEL, 3621 DOUGLAS ROAD, DOWNERS GROVE, IL 60515; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 24th day of June, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK