title
O R D I N A N C E
Zoning Petition ZONING-23-000050 Juraga
resolution
WHEREAS, a public hearing was held on August 16, 2023 and August 23, 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 increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing, on the property hereinafter described:
LOT 1 IN BLOCK 88 IN LIBERTY PARK SUBDIVISION, BEING A SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1924 AS DOCUMENT 182542, 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 August 23, 2023 does find as follows:
FINDINGS OF FACT:
A. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing.
B. That petitioner testified that the subject 9’1” fence is only located on the north side of the subject property, alongside the attached garage.
C. That petitioner testified that she installed the extension on top of the existing fence due to privacy and safety issues with neighboring/adjacent properties.
D. That petitioner testified that the fence extension now holds vines and honeysuckle flowers.
E. That petitioner testified that due to the elevation/grade change, the area the subject fence is located on is lower in elevation compared to the rest of her property and adjacent properties.
F. That Hearing Officer finds that petitioner has demonstrated that a Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing, 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.
G. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and unique circumstance in relation to privacy and safety issues with adjacent properties, in addition to grade/elevation change on the subject property, which required petitioner to request a Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing.
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 existing 9’1” fence does not impair an adequate supply of light and air to the adjacent properties, as the subject property is lower in elevation compared to the rest of the subject property and surrounding area.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the existing 9’1” fence does not increase the hazard from fire or other dangers and that she will receive a building permit for the existing fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing privacy fence does not diminish the value of land and buildings throughout the County and is an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing 9’1” fence does not unduly increase traffic congestion in the public streets and highways, as it is located in the interior side setback and does not impact traffic.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the existing 9’1” fence does 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 existing 9’1” fence does 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 the existing 9’1” fence is an added benefit to the neighborhood, and does not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on August 23, 2023, recommends to approve the following zoning relief:
Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing.
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-23-000050 Juraga dated August 23, 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 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 19, 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:
Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing.
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-23-000050 Juraga dated August 23, 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 the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to increase the height of a fence in the interior side yard from permitted 6'6" to approximately 9'1", as existing, on the property hereinafter described:
LOT 1 IN BLOCK 88 IN LIBERTY PARK SUBDIVISION, BEING A SUBDIVISION OF THE WEST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1924 AS DOCUMENT 182542, 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-23-000050 Juraga dated August 23, 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 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; DUBRAVKA JURAGA, 4012 PARK STREET, WESTMONT, IL 60559; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
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Enacted and approved this 26th day of September, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK