title
O R D I N A N C E
Zoning Petition ZONING-23-000021 Malinin
resolution
WHEREAS, a public hearing was held on June 7, 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:
1. Variation to reduce the required lot width from required 165’ to approximately 145.3’ for Lot 1 and 145.3 for Lot 2.
2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately 34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2, on the property hereinafter described:
PARCEL 1: THAT PART OF LOTS 14 AND 15 OF URBAN’S OAKDALE MANOR, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE S89°18’00”W ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 145.33 FEET TO THE MID-POINT OF THE SOUTH LINE OF SAID LOT 15; THENCE N00°46’22”W FOR A DISTANCE OF 238.34 FEET TO THE NORTH LINE OF SAID LOT 14, SAID POINT BEING THE MID-POINT OF THE NORTH LINE OF SAID LOT 14; THENCE N89°17’25”E FOR A DISTANCE OF 145.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S00°46’48”E ALONG THE EAST LINE OF SAID LOTS 14 AND 15 FOR A DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931 AS DOCUMENT 316521, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: LOTS 14 AND 15 OF URBAN’S OAKDALE MANOR, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART OF SAID LOTS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE S89°18’00”W ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 145.33 FEET TO THE MID-POINT OF THE SOUTH LINE OF SAID LOT 15; THENCE N00°46’22”W FOR A DISTANCE OF 238.34 FEET TO THE NORTH LINE OF SAID LOT 14, SAID POINT BEING THE MID-POINT OF THE NORTH LINE OF SAID LOT 14; THENCE N89°17’25”E FOR A DISTANCE OF 145.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S00°46’48”E ALONG THE EAST LINE OF SAID LOTS 14 AND 15 FOR A DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931 AS DOCUMENT 316521, 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 7, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that she seeks the subject zoning relief to divide/reconfigure the subject properties into two (2) new lots, approximately 34,635 sq. ft./ 145.3 feet wide for Lot 1 and 34,632 sq. ft./ 145.3 feet wide for Lot 2.
B. That petitioner testified that she has two (2) existing lots that face east-west, and that she would like to reconfigure both lots to remain relatively the same size but facing north-south.
C. That petitioner testified that the lot reconfiguration would allow proposed Lot 1 with the existing house to have a backyard behind the existing house, compared to the current configuration, where the “backyard” is to the side/west of the subject house.
D. That the Hearing Officer finds that petitioner has not demonstrated evidence for a practical difficulty or particular hardship regarding the subject zoning relief to divide/reconfigure the two (2) existing lots and that the reasoning for the proposed zoning relief to reconfigure the lots is purely an economic reasoning.
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 division/reconfiguration 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 division/reconfiguration 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 division/reconfiguration 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 division/reconfiguration 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 division/reconfiguration 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 division/reconfiguration 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 lot division/reconfiguration 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-23-000021 Malinin |
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ZONING REQUEST |
1. Variation to reduce the required lot width from required 165’ to approximately 145.3’ for Lot 1 and 145.3 for Lot 2. 2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately 34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2. |
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OWNER |
JERRY & MARGARET MALININ, 15W730 90TH STREET, BURR RIDGE, IL 60527 |
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ADDRESS/LOCATION |
15W730 90TH STREET, BURR RIDGE, IL 60527 |
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PIN |
10-01-101-010/ 10-01-101-011 |
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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 |
1.59 ACRES (69,260 SQ. FT.) |
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UTILITIES |
WELL/SEWER |
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PUBLICATION DATE |
Daily Herald: MAY 22, 2023 |
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PUBLIC HEARING |
WEDNESDAY, JUNE 7, 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 Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Stormwater: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. “We are the sanitary sewer provider - connection to our sanitary sewer will require a permit from our department.” |
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EXTERNAL: |
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Village of Burr Ridge: |
(See attached documentation) |
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City of Darien: |
No Objections. |
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Village of Willowbrook: |
No Comments Received. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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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 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 any specific comments. Thank you.” |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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South |
90TH STREET AND BEYOND VILLAGE OF BURR RIDGE |
HOUSE |
VILLAGE OF BURR RIDGE |
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East |
R-1 SF RES AND VILLAGE OF BURR RIDGE |
HOUSE |
0-5 DU AC/ VILLAGE OF BURR RIDGE |
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West |
R-1 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 7, 2023, recommends to deny the following zoning relief:
1. Variation to reduce the required lot width from required 165’ to approximately 145.3’ for Lot 1 and 145.3 for Lot 2.
2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately 34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 1, 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:
1. Variation to reduce the required lot width from required 165’ to approximately 145.3’ for Lot 1 and 145.3 for Lot 2.
2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately 34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2.
Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT:
A. That the DuPage County Development Committee finds that petitioner has demonstrated evidence for a practical difficulty or particular hardship regarding the subject zoning relief to divide/reconfigure the two (2) existing lots and that the reasoning for the proposed zoning relief would allow proposed Lot 1 with the existing house to have a backyard behind the existing house, compared to the current configuration, where the “backyard” is to the side/west of the subject house.
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 required lot width from required 165’ to approximately 145.3’ for Lot 1 and 145.3 for Lot 2.
2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately 34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2, on the property hereinafter described:
PARCEL 1: THAT PART OF LOTS 14 AND 15 OF URBAN’S OAKDALE MANOR, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE S89°18’00”W ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 145.33 FEET TO THE MID-POINT OF THE SOUTH LINE OF SAID LOT 15; THENCE N00°46’22”W FOR A DISTANCE OF 238.34 FEET TO THE NORTH LINE OF SAID LOT 14, SAID POINT BEING THE MID-POINT OF THE NORTH LINE OF SAID LOT 14; THENCE N89°17’25”E FOR A DISTANCE OF 145.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S00°46’48”E ALONG THE EAST LINE OF SAID LOTS 14 AND 15 FOR A DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931 AS DOCUMENT 316521, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: LOTS 14 AND 15 OF URBAN’S OAKDALE MANOR, BEING A SUBDIVISION OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART OF SAID LOTS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE S89°18’00”W ALONG THE SOUTH LINE OF SAID LOT 15 FOR A DISTANCE OF 145.33 FEET TO THE MID-POINT OF THE SOUTH LINE OF SAID LOT 15; THENCE N00°46’22”W FOR A DISTANCE OF 238.34 FEET TO THE NORTH LINE OF SAID LOT 14, SAID POINT BEING THE MID-POINT OF THE NORTH LINE OF SAID LOT 14; THENCE N89°17’25”E FOR A DISTANCE OF 145.30 FEET TO THE NORTHEAST CORNER OF SAID LOT 14; THENCE S00°46’48”E ALONG THE EAST LINE OF SAID LOTS 14 AND 15 FOR A DISTANCE OF 238.36 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931 AS DOCUMENT 316521, 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; JERRY & MARGARET MALININ, 15W730 90TH STREET, BURR RIDGE, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 8th of August 2023, at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK