title
Zoning Petition ZONING-25-000033 Duebner
resolution
WHEREAS, a public hearing was held on June 18, 2025 and July 16, 2025 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 increase the height of a fence in the front yard from 4 feet 6 inches to not more than 6 feet.
2. Variation to increase the opacity of a fence in the front yard from 50% open to 100% closed, on the property hereinafter described:
LOT 9 IN BLOCK 2 IN NORTHWEST ADDITION TO WHEATON, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 10, 1925 AS DOCUMENT 194381, 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 20, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they would like to adopt the record of their previous hearing for ZONING-25-000033 Duebner from June 18, 2025, in which petitioner testified the following:
1. That petitioner testified that the subject zoning relief is for a Variation to increase the height of a fence in front yard from 4 feet 6 inches to approximately 6 feet and a Variation to increase the opacity of a fence in the front yard from 50% open to approximately 100% closed.
2. That petitioner testified that their subject house faces Prairie Avenue, and that they technically have no backyard and that they utilize the front yard along Stanley Street as their front yard.
3. That petitioner testified that they have concerns about the safety, security, and privacy of their property as they have minimal yard space and would like to contain the little remaining front yard space in a 6-foot tall fenced in area.
4. That petitioner testified that they will not obstruct any line of sight on the corner of Prairie and Stanley Street as there is a large Right-of-Way.
B. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for practical difficulty and particular hardship for the subject zoning relief, due to the layout of the subject property with the existing home, as the subject house faces Prairie Avenue, the petitioner technically has no backyard as they utilize the yard along Stanley Street as their front yard.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 fence will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain a building permit for the proposed fence and that it will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed fence 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 the proposed fence will be constructed outside of the line-of-sight triangle and therefore will not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed fence 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 the proposed fence 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 fence 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-25-000033 Duebner
ZONING REQUEST
1. Variation to increase the height of a fence in the front yard from 4 feet 6 inches to not more than 6 feet.
2. Variation to increase the opacity of a fence in the front yard from 50% open to 100% closed.
OWNER
THOMAS AND MIA DUEBNER, 0N151 STANLEY STREET, WINFIELD, IL 60190
ADDRESS/LOCATION
0N151 STANLEY STREET, WINFIELD, IL 60190
PIN
05-07-410-009
TWSP./CTY. BD. DIST.
MILTON
DISTRICT 4
ZONING/LUP
R-4 SF RES
0-5 DU AC
AREA
0.2 ACRES (8,712 SQ. FT.)
UTILITIES
WATER/SEWER
PUBLICATION DATE
Daily Herald: JULY 1, 2025
PUBLIC HEARING
WEDNESDAY, JULY 16, 2015
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:
"DPC Public Works doesn't own any sewer or water mains in this area."
EXTERNAL:
Village of Winfield:
No Comments Received.
City of Wheaton:
No Comments Received.
Village of Carol Stream:
No Comments Received.
Milton Township:
No Comments Received.
Township Highway:
Objects. "The Township is questioning the line of site w/ a 6' fence"
Winfield Fire Dist.:
No Comments Received.
Sch. Dist. 200:
No Comments Received.
Forest Preserve:
"We do not have any comments."
GENERAL BULK REQUIREMENTS:
REQUIREMENTS:
REQUIRED
EXISTING
PROPOSED
Height:
4'6"
N/A
APPROX. 6'
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
PRAIRIE AVENUE AND BEYOND R-4 SF RES
HOUSE
0-5 DU AC
East
R-4 SF RES
HOUSE
0-5 DU AC
West
STANLEY STREET AND BEYOND 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 August 20, 2025, recommends to approve the following zoning relief:
1. Variation to increase the height of a fence in the front yard from 4 feet 6 inches to not more than 6 feet.
2. Variation to increase the opacity of a fence in the front yard from 50% open to 100% closed.
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-25-000033 Duebner dated July 16, 2025.
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 2, 2025, 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:
1. Variation to increase the height of a fence in the front yard from 4 feet 6 inches to not more than 6 feet.
2. Variation to increase the opacity of a fence in the front yard from 50% open to 100% closed.
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-25-000033 Duebner dated July 16, 2025.
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 (Motion 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:
1. Variation to increase the height of a fence in the front yard from 4 feet 6 inches to not more than 6 feet.
2. Variation to increase the opacity of a fence in the front yard from 50% open to 100% closed, on the property hereinafter described:
LOT 9 IN BLOCK 2 IN NORTHWEST ADDITION TO WHEATON, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 10, 1925 AS DOCUMENT 194381, 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-25-000033 Duebner dated July 16, 2025.
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; THOMAS AND MIA DUEBNER, 0N151 STANLEY STREET, WINFIELD, IL 60190; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 9th of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK