title
O R D I N A N C E
Zoning Petition ZONING-22-000065 Aliyeva
resolution
WHEREAS, a public hearing was held on January 18, 2023 and February 8, 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:
Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2, on the property hereinafter described:
LOT 1 IN MARIE PECA’S ASSESSMENT PLAT OF PAR TOF LOT 25 IN THE ASSESSOR’S DIVISION OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID PECA’S ASSESSMENT PLAT RECORDED APRIL 17, 1961 AS DOCUMENT R61-3310, 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 February 8, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they own two (2) adjacent properties (10S630 and 10S631 Garfield Avenue) and would like to divide the property at 10S630 Garfield Avenue into two (2) lots.
• That petitioner testified that he seeks the subject zoning relief to divide the subject property into two (2) new lots, with Lot 2 approximately 143.55 feet wide.
• That petitioner testified that after the proposed lot division of the subject property, they would own a total of three (3) lots.
• That petitioner testified that all three lots would be at least 100,000 sq. ft. in size and only the proposed Lot 2 would not meet the required lot width of 165 feet.
B. That petitioner testified that the subject property contains a pond with areas of wetlands.
C. That petitioner testified that due to the existing lot configurations of surrounding properties in the subject area, they cannot meet the required lot width for all their proposed lots, requiring the subject zoning relief.
D. That petitioner testified that the proposed lots would access Garfield Avenue via an easement that has existed for over one hundred (100) years.
E. That the Hearing Officer finds that petitioner has not demonstrated evidence for a practical difficulty or particular hardship regarding the requested zoning relief for a Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2.
• Furthermore, that the configuration of existing lots in the surrounding area/neighborhood is not a rationale nor does it demonstrate evidence of a practical difficulty or particular hardship for the request zoning relief to reduce a proposed lot width from the required 165 feet to approximately 143.55 feet.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 Hearing Officer finds that petitioner has not demonstrated evidence that there are practical difficulties or particular hardships in the way of carrying out the strict letter of regulations for a Variation request.
3. That 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 evidence that the proposed lot width reduction will not impair the 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 evidence that the proposed lot width reduction will not increase hazards from fire or other dangers.
c. Diminish the value of land and buildings throughout the County, as petitioner has not demonstrated evidence that the proposed lot width reduction will not diminish the value of land throughout the County.
d. Unduly increase traffic congestion in the public streets and highways, as petitioner has not demonstrated evidence that the proposed lot width reduction will not unduly increase traffic congestion.
e. Increase the potential for flood damages to adjacent property, as petitioner has not demonstrated evidence that the proposed lot width reduction will not increase the potential for flood damages.
f. Incur additional public expense for flood protection, rescue, or relief, as petitioner has not demonstrated evidence that the proposed lot width reduction 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 evidence that the proposed l lot width reduction 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-22-000065 Aliyeva |
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ZONING REQUEST |
Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2. |
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OWNER |
KAMALYA ALIYEVA, 299 COLUMBINE DRIVE, CLARENDON HILLS, IL 60514/ AGENT: V3 COMPANIES (C/O DWAYNE GILLIAN), 7325 JANES AVENUE #100, WOODRIDGE, IL 60517 |
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ADDRESS/LOCATION |
10S630 GARFIELD AVENUE, BURR RIDGE, IL 60527 |
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PIN |
10-01-303-012/ 10-01-303-009 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
4.99 ACRES (217,364 SQ. FT.) |
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UTILITIES |
WELL/ SEPTIC |
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PUBLICATION DATE |
Daily Herald: JANUARY 3, 2023 |
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PUBLIC HEARING |
WEDNESDAY, JANUARY 18, 2023, CONTINUED TO FEBRUARY 8, 2023 |
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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: |
No Objections. |
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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. “We have sanitary sewer in the area.” |
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EXTERNAL: |
|
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Village of Burr Ridge: |
Objects. (See attached documentation) |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Tri-State Fire Dist.: |
No Objections. |
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Sch. Dist. 180: |
No Objections. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County does not have any concerns.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Lot Width: |
165 FT |
NA |
143.55 FT |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-1 SF RES |
House |
0-5 DU AC |
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North |
Village of Burr Ridge |
House |
Village of Burr Ridge |
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South |
R-1 SF RES |
House |
0-5 DU AC |
|
East |
Village of Burr Ridge |
Public Works |
Village of Burr Ridge |
|
West |
Village of Burr Ridge |
House |
Village of Burr Ridge |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on February 8, 2023, recommends to deny the following zoning relief:
Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on April 18, 2023, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to not concur with the findings and recommends to approve the following zoning relief:
Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT:
1. That the DuPage County Development Committee finds that the petitioner demonstrated sufficient evidence in relation to the requested zoning relief to reduce the lot width for a proposed lot and that petitioner will meet the required lot size of at least 100,000 sq. ft. but due to the surrounding property lines and lot layouts, they cannot meet required lot width of 165 feet.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to reduce the required lot width from required 165 feet to approximately 143.55 feet for Lot 2, on the property hereinafter described:
LOT 1 IN MARIE PECA’S ASSESSMENT PLAT OF PAR TOF LOT 25 IN THE ASSESSOR’S DIVISION OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SAID PECA’S ASSESSMENT PLAT RECORDED APRIL 17, 1961 AS DOCUMENT R61-3310, 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; KAMALYA ALIYEVA, 299 COLUMBINE DRIVE, CLARENDON HILLS, IL 60514/ AGENT: V3 COMPANIES (C/O DWAYNE GILLIAN), 7325 JANES AVENUE #100, WOODRIDGE, IL 60517; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 25th day of April, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK