title
O R D I N A N C E
Zoning Petition ZONING-23-000057 Schmidt
resolution
WHEREAS, a public hearing was held on September 13, 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 increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage), on the property hereinafter described:
LOT 23 IN WAYEWOOD OF DUPAGE, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1977, AS DOCUMENT NO. R77-7738 AND RE-RECORDED DECEMBER 2, 1977, AS DOCUMENT NO. R77-111373 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 13, 2023, does find as follows:
FINDINGS OF FACT:
A. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Conditional Use to increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage).
B. That petitioner testified that they originally applied for a “Conditional Use to increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,226 sq. ft. (26 sq. ft. existing shed and 1,200 sq. ft. proposed detached garage),” and that at the public hearing, petitioner amended this request to lesser zoning relief (as he removed the existing 26 sq. ft. shed on the subject property) for a “Conditional Use to increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage),”.
C. That petitioner testified that he has lived at the subject property for approximately seven (7) years.
D. That petitioner testified that no commercial activities would occur on the subject property and that the proposed detached garage would be used for the storage of his vehicles, an ATV, a side-by-side (UTV), a motorcycle, and wooden boat, in addition to household accessory equipment, all of which would be safely stored under cover of the proposed detached garage.
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 detached garage will meet all required setbacks and 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 detached garage 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 detached garage 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 detached garage will meet all required setbacks 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 detached garage.
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 detached garage.
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 detached garage 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
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000057 Schmidt |
|
ZONING REQUEST |
Conditional Use to increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,226 sq. ft. (26 sq. ft. existing shed and 1,200 sq. ft. proposed detached garage). |
|
OWNER |
RYAN AND MICHELLE SCHMIDT, 8S701 WAYEWOOD LANE, NAPERVILLE, IL 60565 |
|
ADDRESS/LOCATION |
8S701 WAYEWOOD LANE, NAPERVILLE, IL 60565 |
|
PIN |
08-27-302-005 |
|
TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 3 |
|
ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
|
AREA |
1 ACRE (43,560 SQ. FT.) |
|
UTILITIES |
WELL AND SEWER |
|
PUBLICATION DATE |
Daily Herald: AUGUST 29, 2023 |
|
PUBLIC HEARING |
WEDNESDAY, SEPTEMBER 13, 2023 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
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. |
|
Public Works: |
No Objections. “We are the sanitary sewer provider.” |
|
EXTERNAL: |
|
|
City of Naperville: |
No Comments Received. |
|
Village of Lisle: |
Our office has no jurisdiction in this matter. “Located outside the Village boundary agreement.” |
|
Village of Woodridge: |
Our office has no jurisdiction in this matter. |
|
Lisle Township: |
No Comments Received. |
|
Township Highway: |
No Objections. |
|
Lisle-Woodridge Fire Dist.: |
“N/A” |
|
Sch. Dist. 203: |
No Comments Received. |
|
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:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Floor Area Ratio: |
708 SQ. FT. |
26 SQ. FT. |
1,226 SQ. FT. |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
West |
WAYNEWOOD LANE AND BEYOND R-2 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 September 13, 2023, recommends to approve the following zoning relief:
Conditional Use to increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage).
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-23-000057 Schmidt dated September 13, 2023.
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 owner/developer is not permitted to operate a business on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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 September 13, 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 increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage).
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-23-000057 Schmidt dated September 13, 2023.
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 owner/developer is not permitted to operate a business on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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 increase the total size of detached accessory buildings from permitted 708 sq. ft. to approximately 1,200 sq. ft. (1,200 sq. ft. proposed detached garage), on the property hereinafter described:
LOT 23 IN WAYEWOOD OF DUPAGE, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 1, 1977, AS DOCUMENT NO. R77-7738 AND RE-RECORDED DECEMBER 2, 1977, AS DOCUMENT NO. R77-111373 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-23-000057 Schmidt dated September 13, 2023.
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 owner/developer is not permitted to operate a business on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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; RYAN AND MICHELLE SCHMIDT, 8S701 WAYEWOOD LANE, NAPERVILLE, IL 60565; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 24th day of October, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK