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Zoning Petition ZONING-24-000023 Griese
WHEREAS, a public hearing was held on July 31, 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:
1. Variation to allow a boat on trailer (24' x 8' Recreational Vehicle) in front of the front wall.
2. Variation to reduce the front yard setback from required 30' to approximately 5' to park a boat on trailer (24'x8' Recreational Vehicle), on the property hereinafter described:
LOT 32 IN TAYLOR AND POWERS GARDEN ACRES, BEING A SUBDIVISION IN THE NORTH ½ OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1929 AS DOCUMENT 286552, 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 31, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the purpose of the proposed zoning relief is to allow a boat on a trailer to remain in front of the front wall, within the front yard setback.
B. That the previous record from a public hearing held on May 15, 2024, for ZONING-24-000023 Griese was adopted at the July 31, 2024, public hearing.
C. That petitioner testified that he has lived at the subject property for approximately twenty-five (25) years.
D. That petitioner testified that he purchased the subject $50,000 boat in early 2024 and that he would like to keep the boat on his property.
E. That petitioner testified that he cannot place the subject boat in the rear yard due to an existing shed and septic field, and that he cannot place the boat in the interior side yard due to the existing well-head location.
F. That petitioner testified that the subject boat would require a ten (10) foot wide gate in order to access the rear yard and that he would be unable to even place the boat in the rear yard due to the existing septic field and shed location.
G. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided sufficient evidence to allow a boat on a trailer to remain in front of the front wall, within the front yard setback and that the plat of survey provided by the petitioner indicates ample room to place the subject boat within the rear yard or on the side of the subject house, behind the front wall of the house.
• Furthermore, that petitioner has not provided evidence (i.e., well/septic plans) as to where the existing septic field, septic tank, and well-head are located, and therefore, the Zoning Hearing Officer could not determine if the subject boat would negatively impact the well and septic utilities in the rear yard or side yard.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not 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 not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided sufficient evidence that the existing boat on trailer in front of the front wall of the house 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 not demonstrated or provided sufficient evidence that the existing boat on trailer in front of the front wall of the house will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided sufficient evidence that the existing boat on trailer in front of the front wall of the house 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 not demonstrated or provided sufficient evidence that the existing boat on a trailer in front of the front wall of the house will not increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided sufficient evidence that the existing boat on a trailer in front of the front wall of the house 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 not demonstrated or provided sufficient evidence that the existing boat on a trailer in front of the front wall of the house 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 not demonstrated or provided sufficient evidence that the existing boat on a trailer in front of the front wall of the house will not impair the public health, safety, comfort, morals or general welfare
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000023 Griese |
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ZONING REQUEST |
1. Variation to allow a boat on trailer (24' x 8' Recreational Vehicle) in front of the front wall. 2. Variation to reduce the front yard setback from required 30' to approximately 5' to park a boat on trailer (24'x8' Recreational Vehicle). |
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OWNER |
TODD GRIESE, 29W610 BUTTERFIELD ROAD, WARRENVILLE, IL 60555 |
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ADDRESS/LOCATION |
29W610 BUTTERFIELD ROAD, WARRENVILLE, IL 60555 |
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PIN |
04-34-105-025 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.29 ACRES (12,632 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: JULY 16, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JULY 31, 2024 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC PW doesn’t own any sewer or water in the area, they are in the Naperville Sanitary District.” |
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EXTERNAL: |
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City of Warrenville: |
Objects. “City staff has reviewed and is not supportive of the request. City ordinances do not permit storage of recreational vehicles in required yards or in front of the building line. The City does not believe this meets the variance hardship criteria. Staff supports consideration of other locations for storage of the boat (i.e. in the back yard).” |
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City of Aurora: |
No Comments Received. |
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City of Naperville: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Warrenville Fire Dist.: |
No Comments Received. |
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Sch. Dist. 200: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed in the information provided in this notice and do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Front Yard: |
30’ |
APPROX. 5’ |
APPROX. 5’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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North |
ROW AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
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South |
BUTTERFIELD FRONTAGE ROAD AND BEYOND CITY OF WARRENVILLE |
HOUSE |
CITY OF WARRENVILLE |
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East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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West |
HOME AVENUE AND BEYOND R-3 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 July 31, 2024, recommends to deny the following zoning relief:
1. Variation to allow a boat on trailer (24' x 8' Recreational Vehicle) in front of the front wall.
2. Variation to reduce the front yard setback from required 30' to approximately 5' to park a boat on trailer (24'x8' Recreational Vehicle).
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 20, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative to the following zoning relief:
1. Variation to allow a boat on trailer (24' x 8' Recreational Vehicle) in front of the front wall.
2. Variation to reduce the front yard setback from required 30' to approximately 5' to park a boat on trailer (24'x8' Recreational Vehicle).
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 4 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 allow a boat on trailer (24' x 8' Recreational Vehicle) in front of the front wall.
2. Variation to reduce the front yard setback from required 30' to approximately 5' to park a boat on trailer (24'x8' Recreational Vehicle), on the property hereinafter described:
LOT 32 IN TAYLOR AND POWERS GARDEN ACRES, BEING A SUBDIVISION IN THE NORTH ½ OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 19, 1929 AS DOCUMENT 286552, IN DUPAGE COUNTY, ILLINOIS; and
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; TODD GRIESE, 29W610 BUTTERFIELD ROAD, WARRENVILLE, IL 60555; and Township
Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
Enacted and approved this 27th day of August, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK