title
O R D I N A N C E
Zoning Petition ZONING-23-000099 Bonadeo
resolution
WHEREAS, a public hearing was held on February 7, 2024 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 rear yard setback from 25' to approximately 20' for an unconditioned sunroom, on the property hereinafter described:
LOT 26 IN BLOCK 5 IN COUNTRY LAKES PHASE 1, A SUBDIVISION OF PART OF THE SOUTHWEST 1.4 OF SECTION 9 AND PART OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 12, 1977 AS DOCUMENT R77-35318, 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 7, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to reduce the rear yard setback from 25' to approximately 20' for an unconditioned sunroom.
B. That petitioner testified that the proposed sunroom would be located on the existing patio and would be approximately 11’x11’ in size.
C. That petitioner testified that she is limited in usable space on the subject property for the proposed sunroom, as the only location to construct the sunroom is on the existing patio due to the location of existing patio door, windows, and water spigot.
D. That petitioner testified that the existing subject property is screened with arbor vitae bushes, trees, and a chain-link fence.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a particular hardship and practical difficulty for the request zoning relief to reduce the rear yard setback from 25' to approximately 20' for an unconditioned sunroom, as petitioner is limited in usable space on the subject property for the attached sunroom due to the existing patio, patio door, windows, and water spigot.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 proposed sunroom 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 demonstrated that the proposed sunroom will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed sunroom.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed sunroom will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed sunroom will not unduly increase traffic congestion in the public streets and highways, and that it will be built behind the front wall of the house and will not impact traffic.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed sunroom will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed sunroom 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 sunroom will be an added benefit to the neighborhood, and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000099 Bonadeo |
|
ZONING REQUEST |
Variation to reduce the rear yard setback from 25' to approximately 20' for an unconditioned sunroom. |
|
OWNER |
MICHELLE A BONADEO, 5S764 COUNTRY GLEN DRIVE, NAPERVILLE, IL 60563/ AGENT: LEE WELBES, TIMBERBUILT ROOMS, 841 EQUITY DRIVE, ST. CHARLES, IL 60174 |
|
ADDRESS/LOCATION |
5S764 COUNTRY GLEN DRIVE, NAPERVILLE, IL 60563 |
|
PIN |
07-09-303-014 |
|
TWSP./CTY. BD. DIST. |
NAPERVILLE |
DISTRICT 5 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.25 ACRES (10,890 SQ. FT.) |
|
UTILITIES |
WATER/SEWER |
|
PUBLICATION DATE |
Daily Herald: JANUARY 23, 2024 |
|
PUBLIC HEARING |
WEDNESDAY, FEBRUARY 7, 2024 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
Our office has no jurisdiction in this matter. |
|
Stormwater: |
No Objections. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
|
EXTERNAL: |
|
|
City of Naperville: |
No Comments Received. |
|
City of Aurora: |
“Aurora has no comment as this is on the Naperville side of the boundary agreement.” |
|
Naperville Township: |
No Comments Received. |
|
Township Highway: |
No Comments Received. |
|
Naperville Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 204: |
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 any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Rear Yard: |
25’ |
NA |
20’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
COUNTRY GLEN ROAD 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 February 7, 2024, recommends to approve the following zoning relief:
Variation to reduce the rear yard setback from 25' to approximately 20' for an unconditioned sunroom.
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-23-000099 Bonadeo dated February 7, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 February 20, 2024, 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 rear yard setback from 25' to approximately 20' for an unconditioned sunroom.
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-23-000099 Bonadeo dated February 7, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 6 Ayes, 0 Nays, 0 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 rear yard setback from 25' to approximately 20' for an unconditioned sunroom, on the property hereinafter described:
LOT 26 IN BLOCK 5 IN COUNTRY LAKES PHASE 1, A SUBDIVISION OF PART OF THE SOUTHWEST 1.4 OF SECTION 9 AND PART OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 12, 1977 AS DOCUMENT R77-35318, 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-23-000099 Bonadeo dated February 7, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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; MICHELLE A BONADEO, 5S764 COUNTRY GLEN DRIVE, NAPERVILLE, IL 60563/ AGENT: LEE WELBES, TIMBERBUILT ROOMS, 841 EQUITY DRIVE, ST. CHARLES, IL 60174; and Township Assessor, Naperville Township, 139 Water Street, Naperville, IL 60540.
end
Enacted and approved this 27th day of February, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK