title
Zoning Petition ZONING-23-000073 Barsley
resolution
WHEREAS, a public hearing was held on October 11, 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 allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback, on the property hereinafter described:
LOT 34 IN THE RESUBDIVISION OF LOTS 9-22, BOTH INCLUSIVE, LOTS 27 THROUGH 39, BOTH INCLUSIVE, AND LOTS 700, 701 AND 703, ALL IN STEEPLE RUN UNIT 1, BEING A SUBDIVISION OF PART OF SECTIONS 9 AND 16, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED AUGUST 17, 1972 AS DOCUMENT R72-48922, 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 October 11, 2023, does find as follows:
FINDINGS OF FACT:
A. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
B. That petitioner testified that he has lived at the subject property for approximately twenty-one (21) years.
C. That petitioner testified that he is replacing the existing twenty (20) year-old, 6’/closed (privacy) fence with the proposed 6’/100% closed (privacy) fence.
D. That petitioner testified that he requires a 6’100% closed privacy fence within the 10’ corner side yard setback for additional privacy and security due to increased noise, vehicle, and pedestrian traffic due to the location of his subject property.
a. Furthermore, that petitioner testified that Spring Bay Road is very busy due to Steeple Run Elementary School located directly across the street, as well as the office park directly across Spring Bay Road to the west.
E. That Hearing Officer finds that petitioner has demonstrated that a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback 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.
F. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship in relation to the location of the subject property, and that that the increase in noise, vehicle, and pedestrian traffic on Spring Bay Road requires petitioner to request a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
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 proposed privacy fence will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed privacy fence will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed privacy fence will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed privacy fence will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed privacy fence 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 proposed privacy 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 the proposed privacy fence will be an added benefit to the neighborhood, and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000073 Barsley |
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ZONING REQUEST |
Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback. |
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OWNER |
FRANK AND EVA BARSLEY, 6S151 PARK MEADOW DRIVE, NAPERVILLE, IL 60540 |
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ADDRESS/LOCATION |
6S151 PARK MEADOW DRIVE, NAPERVILLE, IL 60540 |
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PIN |
08-16-107-006 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.27 ACRES (11,761 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 26, 2023 |
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PUBLIC HEARING |
WEDNESDAY, OCTOBER 11, 2023 |
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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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “Zone AE floodplain (elevation 724.4) is located on the property. Additional information will be required to document the fence location in respect to the floodplain, and if the fence is located in the floodplain, provisions for elevating the fence or having a 50% open style fence to allow for the conveyance of floodwater.” |
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Public Works: |
No Objections. “We are the sanitary sewer and water provider.” |
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EXTERNAL: |
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City of Naperville: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “The subject property is located outside of the Village’s Boundary Agreement.” |
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Village of Woodridge: |
Our office has no jurisdiction in this matter. |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 203: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this notice and due to the sizable distance between the subject property and the District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Height: |
4’6”/50% OPEN |
NA |
6’/100% CLOSED |
LAND USE
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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 |
SPRING BAY DRIVE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
PARK MEADOW DRIVE 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 October 11, 2023, recommends to approve the following zoning relief:
Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
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-23-000073 Barsley dated October 11, 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 November 21, 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 allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
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-23-000073 Barsley dated October 11, 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.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback, on the property hereinafter described:
LOT 34 IN THE RESUBDIVISION OF LOTS 9-22, BOTH INCLUSIVE, LOTS 27 THROUGH 39, BOTH INCLUSIVE, AND LOTS 700, 701 AND 703, ALL IN STEEPLE RUN UNIT 1, BEING A SUBDIVISION OF PART OF SECTIONS 9 AND 16, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED AUGUST 17, 1972 AS DOCUMENT R72-48922, 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-23-000073 Barsley dated October 11, 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; FRANK AND EVA BARSLEY, 6S151 PARK MEADOW DRIVE, NAPERVILLE, IL 60540; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK