title
Zoning Petition ZONING-25-000026 Fawell
resolution
WHEREAS, a public hearing was held on June 4, 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 allow a detached accessory building (proposed shed) in front of the front wall of the existing home.
2. Variation to reduce the interior side yard for a new shed from required 10 feet to approximately 3 feet, on the property hereinafter described:
THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 40 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27 AND 350 FEET EAST OF THE EAST LINE OF LOT 1 OF MORRIS ASSESSMENT PLAT RECORDED FEBRUARY 15, 1934 AS DOCUMENT 343127, SAID POINT BEING ON THE NORTH SIDE OF A 40 FOOT PRIVATE ROAD; THENCE NORTH 290 FEET OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE EAST 115 ½ FEET; THENCE SOUTH 290 FEET TO THE NORTH LINE OF SAID PRIVATE ROAD, BEING 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 278; THENCE WEST ALONG THE NORTH LINE OF SAID PRIVATE ROAD, 115 ½ FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINIOS. ALSO KNOW AS: LOT 10 IN WINFIELD TOWNSHIP SUPERVISORS ASSESSMENT PLAT NO. 2, BEING AN ASSESSMENT PLAT OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27 (EXCEPT THE SOUTH 330 FEET OF THE WEST 264 FEET THEREOF) IN TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCRODING TO THE PLAT THEREOF RECORDED JUNE 19, 1947, AS DOCUMENT NO. 523333, 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 18, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks the subject zoning relief to construction a new shed in front of the front wall of the existing home and approximately three (3) feet from the interior side property line.
B. That petitioner testified that the subject home was constructed in 1947 and built completely at the rear of the subject property.
a. Furthermore, that petitioner testified that the subject home has no basement or usable attic space and that they require additional storage on the property.
C. That petitioner testified that his particular hardship and practical difficulty is due to the configuration of the subject property and location of the existing home and septic at the rear of the property, leaving all usable space on the property in front of the front wall of the home.
a. As such, petitioner testified that the only location to place a shed on the subject property is in front of the front wall of the home, approximately three (3) feet from the interior side property line.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a particular hardship and practical difficulty for the subject zoning relief due to the configuration of the subject property and location of the existing home and septic system at the rear of the property, leaving all usable space in front of the front wall of the home.
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 the proposed two hundred (200) sq. ft. shed will not impact the light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that he will receive a building permit for the proposed shed and that it will be constructed pursuant to all building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the location of the proposed shed 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 location of the proposed shed will not unduly increase traffic congestion as the shed will be setback approximately two hundred (200) feet from the front property line.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the location of the proposed shed 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 location of the proposed shed 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 location of the proposed shed 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-25-000026 Fawell |
|
ZONING REQUEST |
1. Variation to allow a detached accessory building (proposed shed) in front of the front wall of the existing home. 2. Variation to reduce the interior side yard for a new shed from required 10 feet to approximately 3 feet. |
|
OWNER |
ALEX AND RACHAEL FAWELL, 29W110 MORRIS COURT, WARRENVILLE, IL 60555-2216 |
|
ADDRESS/LOCATION |
29W110 MORRIS COURT, WARRENVILLE, IL 60555-2216 |
|
PIN |
04-27-410-040 |
|
TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
|
ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
|
AREA |
0.87 ACRES (37,897 SQ. FT.) |
|
UTILITIES |
WELL/SEPTIC |
|
PUBLICATION DATE |
Daily Herald: May 20, 2025 |
|
PUBLIC HEARING |
WEDNESDAY, JUNE 4, 2025 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
“Our office has no Jurisdiction in this matter.” |
|
Health: |
No Objections. |
|
Stormwater: |
No Objection 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 the area.” |
|
EXTERNAL: |
|
|
City of Warrenville: |
“None” |
|
City of Aurora: |
No Comments Received. |
|
City of West Chicago: |
No Comments Received. |
|
City of Naperville: |
No Comments Received. |
|
Winfield Township: |
No Comments Received. |
|
Township Highway: |
“Our office has no jurisdiction in this matter.” |
|
Warrenville Fire Dist.: |
No Objections. |
|
Sch. Dist. 200: |
No Comments Received. |
|
Forest Preserve: |
No Comments Received. |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Int. Side Yard: |
10 FT |
NA |
APPROX. 3 FT |
LAND USE:
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
CITY OF WARRENVILLE |
HOUSE |
CITY OF WARRENVILLE |
|
South |
MORRIS COURT AND BEYOND R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-2 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 18, 2025, recommends to approve the following zoning relief:
1. Variation to allow a detached accessory building (proposed shed) in front of the front wall of the existing home.
2. Variation to reduce the interior side yard for a new shed from required 10 feet to approximately 3 feet.
Subject to the following conditions:
1. That the property be development in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000026 Fawell, dated June 4, 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 July 1, 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 allow a detached accessory building (proposed shed) in front of the front wall of the existing home.
2. Variation to reduce the interior side yard for a new shed from required 10 feet to approximately 3 feet.
Subject to the following conditions:
1. That the property be development in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000026 Fawell, dated June 4, 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): 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:
1. Variation to allow a detached accessory building (proposed shed) in front of the front wall of the existing home.
2. Variation to reduce the interior side yard for a new shed from required 10 feet to approximately 3 feet, on the property hereinafter described:
THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 40 FEET NORTH OF THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27 AND 350 FEET EAST OF THE EAST LINE OF LOT 1 OF MORRIS ASSESSMENT PLAT RECORDED FEBRUARY 15, 1934 AS DOCUMENT 343127, SAID POINT BEING ON THE NORTH SIDE OF A 40 FOOT PRIVATE ROAD; THENCE NORTH 290 FEET OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE EAST 115 ½ FEET; THENCE SOUTH 290 FEET TO THE NORTH LINE OF SAID PRIVATE ROAD, BEING 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 278; THENCE WEST ALONG THE NORTH LINE OF SAID PRIVATE ROAD, 115 ½ FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINIOS. ALSO KNOW AS: LOT 10 IN WINFIELD TOWNSHIP SUPERVISORS ASSESSMENT PLAT NO. 2, BEING AN ASSESSMENT PLAT OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27 (EXCEPT THE SOUTH 330 FEET OF THE WEST 264 FEET THEREOF) IN TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCRODING TO THE PLAT THEREOF RECORDED JUNE 19, 1947, AS DOCUMENT NO. 523333, IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be development in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000026 Fawell, dated June 4, 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; ALEX AND RACHAEL FAWELL, 29W110 MORRIS COURT, WARRENVILLE, IL 60555-2216; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 8th day of July, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK