Legislation Details

File #: DC-O-0029-26    Version: 1
Type: Development Ordinance Status: Approved at Committee
File created: 7/24/2026 In control: Development Committee
On agenda: 8/4/2026 Final action:
Title: Zoning Petition ZONING-26-000027 Reisser
Attachments: 1. Z-26-000027 Reisser Cty. Bd. (08-11-2026)

 

title

Zoning Petition ZONING-26-000027 Reisser

resolution

 

 

WHEREAS, a public hearing was held on July 1, 2026, 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 corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet, on the property hereinafter described:

 

LOT 19 IN BLOCK 23 IN WOODLAND ADDITION TO WEST CHICAGO, BEING A SUBDIVISION OF LOTS 1 AND 2, AND THE WEST 179.0 FEET OF LOT 4 IN C.E. BOLLES ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID WOODLAND ADDITION TO WEST CHICAGO RECORDED FEBRUARY 4, 1925 AS DOCUMENT 188068, 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 July 15, 2026, does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that the proposed zoning relief is for a Variation to reduce the corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet.

 

B.                     That petitioner testified that he purchased the subject property in 1977 and that the existing home was constructed too close to the corner side property line, approximately 15 feet.

 

C.                     That petitioner testified that he proposes to construct a new concrete patio, approximately 16’ x 20’, flush with the existing corner side wall of the home, approximately 15 feet from the corner side yard property line.

 

D.                     That petitioner testified that there is no other location to place a patio on the subject property and that placing it in the proposed location will allow access to the home via an existing patio door.

 

a.                     That petitioner testified that he cannot place a patio on the east side of the subject property as his garage is located on the east side of the property.

 

E.                     That the Zoning Hearing Officer finds that petitioner has demonstrated a practical difficulty and particular hardship in relation to the subject zoning relief as the existing house was constructed too close to the corner side property line, approximately 15 feet, and that the only location to place a patio with access to the interior to the house with a patio door is on the west side of the house, approximately 15 feet from the corner side property line.

 

STANDARDS FOR VARIATIONS:

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 he is constructing a ground-level patio, which will not impair an adequate supply of light and air to adjacent property.

 

b.                     Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that he will obtain a building permit for the proposed patio and that he will not increase the hazard from fire or other dangers.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that he is proposing to build a new patio which will be an added benefit to the surrounding area and will not diminish the value of land and buildings throughout the County.

 

d.                     Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that he is constructing a ground-level, 16’ x 20’ patio, which will not increase traffic congestion in the public streets and highways.

 

e.                     Increase the potential for flood damages to adjacent property as petitioner has demonstrated that he is constructing a ground-level, 16’ x 20’ patio and therefore will not increase the potential for flood damages to adjacent property.

 

f.                     Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that he is constructing a ground-level, 16’x 20’ concrete patio, and therefore 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 he is constructing a ground-level, 16’ x 20’ concrete patio which will match the existing corner side yard setback, and therefore will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.

 

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER: ZONING-26-000027 Reisser

ZONING REQUEST: Variation to reduce the corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet.

OWNER: RICHARD K. REISSER, 29W095 POMEROY STREET, WEST CHICAGO, IL 60185

ADDRESS/LOCATION: 29W095 POMEROY STREET, WEST CHICAGO, IL 60185

PIN: 04-10-411-001

TWSP./CTY. BD. DIST.: WINFIELD / DISTRICT 6

ZONING/LUP: R-4 SF RES / 0-5 DU AC

AREA: 0.31 ACRES (13,504 SQ. FT.)

UTILITIES: WELL / SEPTIC

PUBLICATION DATE: DAILY HERALD: JUNE 16, 2026

PUBLIC HEARING: WEDNESDAY, JULY 1, 2026

 

ADDITIONAL INFORMATION: 

Building: No objection or concerns with the petition.

DUDOT: Our office has no jurisdiction in this matter.

Health: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.

Stormwater: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.

Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”

 

EXTERNAL:

City of West Chicago: No Comments Received.

Village of Winfield: No Comments Received.

Winfield Township: No objection or concerns with the petition.

Township Highway: Our office has no jurisdiction in this matter.

West Chicago Fire Dist.: No Comments Received.

Sch. Dist. 33: No Comments Received.

Sch. Dist. 94: No Comments Received.

Forest Preserve: No Comments Received.

 

GENERAL BULK REQUIREMENTS

                     Corner Side Yard

o                     Required: 30 FT

o                     Existing: APPROX. 15.55

o                     Proposed: APPROX. 15 FT.

 

LAND USE

Subject Property:

                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

North of Subject Property:

                     Zoning: POMEROY STREET AND BEYOND R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC:

South of Subject Property:

                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

East of Subject Property:

                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

West of Subject Property:

                     Zoning: COOLIDGE AVENUE AND BEYOND R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

 

 

                     WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on July 15, 2026, recommends to approve the following zoning relief:

 

Variation to reduce the corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet.

 

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-26-000027 Reisser dated July 1, 2026. 

 

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  August 4, 2026, 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 corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet.

 

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-26-000027 Reisser dated July 1, 2026. 

 

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 (Motion 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:

 

Variation to reduce the corner side yard setback for a new concrete patio from required 30 feet to approximately 15 feet, on the property hereinafter described:

 

LOT 19 IN BLOCK 23 IN WOODLAND ADDITION TO WEST CHICAGO, BEING A SUBDIVISION OF LOTS 1 AND 2, AND THE WEST 179.0 FEET OF LOT 4 IN C.E. BOLLES ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID WOODLAND ADDITION TO WEST CHICAGO RECORDED FEBRUARY 4, 1925 AS DOCUMENT 188068, 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-26-000027 Reisser dated July 1, 2026. 

 

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; RICHARD K. REISSER, 29W095 POMEROY STREET, WEST CHICAGO, IL 60185; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.

 

 

Enacted and approved this 11th day of August, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK