title
O R D I N A N C E
Zoning Petition ZONING-23-000033 Christiansen
resolution
WHEREAS, a public hearing was held on June 28, 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:
Conditional Use to allow an existing Rooster to be considered as a pet, on the property hereinafter described:
LOT 10 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S FIFTH OGDEN AVENUE SUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST ¼ AND THE SOUTH EAST ¼ OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9, 1925 AS DOCUMENT 190963, 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 28, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow an existing Rooster to be considered as a pet on the subject property.
B. That petitioner testified that they currently have five (5) hens and one (1) rooster on the subject property.
C.That petitioner testified that they consider the subject rooster a family pet.
D. That Hearing Officer finds that petitioner has not demonstrated or provided evidence for a Conditional Use to allow an existing rooster to be considered as a pet on the subject property.
a. In addition, approval of the subject zoning relief without sufficient evidence provided by the petitioner would essentially upend and diminish the previously approved “hens” text amendment, as the text amendment to allow up to five (5) hens as a permitted use was approved relatively recently in 2020.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated that the granting of the Conditional Use 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that a rooster on the subject property would not impact or impair the supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that a rooster on the subject property would 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 evidence that a rooster on the subject property would not diminish the value of land.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided evidence that a rooster on the subject property would 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 evidence that a rooster on the subject property would not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that a rooster on the subject property would not incur additional public expense for flood protection.
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 evidence that a rooster on the subject property would not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000033 Christiansen |
|
ZONING REQUEST |
Conditional Use to allow an existing Rooster to be considered as a pet. |
|
OWNER |
OLIVIA CHRISTIANSEN, 4317 IVANHOE AVENUE, LISLE, IL 60532 |
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ADDRESS/LOCATION |
4317 IVANHOE AVENUE, LISLE, IL 60532 |
|
PIN |
08-02-401-010 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.81 ACRES (35,284 SQ. FT.) |
|
UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: JUNE 13, 2023 |
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PUBLIC HEARING |
WEDNESDAY, JUNE 28, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
Objects. |
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DUDOT: |
No Comments Received. |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Lisle: |
“The Village of Lisle acknowledges receipt of this public hearing notice.” |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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City of Wheaton |
No Comments Received. |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
“Lisle Township has no objection to Zoning Petition ZONING-23-000033 Christiansen as long as they keep the rooster off the road.” |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 202: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
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 |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
COMED/UTILITIES |
OPEN SPACE |
|
West |
IVANHOE AVENUE 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 June 28, 2023, recommends to deny the following zoning relief:
Conditional Use to allow an existing Rooster to be considered as a pet.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 15, 2023, 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:
Conditional Use to allow an existing Rooster to be considered as a pet.
Development Committee VOTE (Motion to Approve Failed): 1 Ayes, 4 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to allow an existing Rooster to be considered as a pet, on the property hereinafter described:
LOT 10 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY’S FIFTH OGDEN AVENUE SUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST ¼ AND THE SOUTH EAST ¼ OF SECTION 2, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 9, 1925 AS DOCUMENT 190963, 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; OLIVIA CHRISTIANSEN, 4317 IVANHOE AVENUE, LISLE, IL 60532; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 22nd of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK