title
Zoning Petition ZONING-25-000047 Mahmutovich
resolution
WHEREAS, a public hearing was held on August 20, 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:
Variation to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool, on the property hereinafter described:
LOT 27 IN ARMY TRAIL UNIT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 19 AND THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 18, 1956 AS DOCUMENT 827285 AND CERTIFICATE OF CORRECTION RECORDED MARCH 20, 1958 AS DOCUMENT 873996, 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 September 3, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they seek the subject zoning relief to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool.
B. That petitioner testified that they propose to construct a semi-inground pool approximately 14 feet from the corner side property line due to the location of the existing septic lines on the subject property.
C. That petitioner testified that the only location to place a pool on the subject property is within the required 30-foot corner side setback, meeting the required Health Department setbacks from the existing septic lines.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a particular hardship and practical difficulty for the subject zoning relief, as the only location to install a pool on the subject property is within the 30-foot corner side setback, approximately 14 feet from the corner side property line, due to the existing septic line locations.
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 pool will not impair an adequate supply of light and air to the adjacent properties as it will be a semi-inground pool.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit for the proposed pool 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 pool will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed pool will be located behind the house, out of the line of sight triangle, and will not impact public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the location of the proposed pool 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 pool 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 pool 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-25-000047 Mahmutovich |
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ZONING REQUEST |
Variation to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool. |
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OWNER |
KEVIN MAHMUTOVICH, 20W184 BELMONT PLACE, ADDISON, IL 60101 / KEVIN MAHMUTOVICH, 717 N. 5TH AVENUE, UNIT 302, ADDISON, IL 60101 |
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ADDRESS/LOCATION |
20W184 BELMONT PLACE, ADDISON, IL 60101 |
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PIN |
03-30-200-012 |
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TWSP./CTY. BD. DIST. |
ADDISON |
DISTRICT 1 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.61 ACRES (26,572 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: AUGUST 5, 2025 |
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PUBLIC HEARING |
WEDNESDAY, AUGUST 20, 2025 |
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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: |
Objects. “The Health Department objects to this petition due to the location of the pool with respect to the property’s private sewage disposal system. The property has a variance request application filed for the private sewage disposal system dated 7/2018.” |
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Stormwater: |
No Objections. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in this area.” |
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EXTERNAL: |
|
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Village of Addison: |
Objects. (See attached documentation). |
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Village of Bloomingdale: |
No Comments Received. |
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Village of Glendale Heights: |
No Comments Received. |
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Village of Lombard: |
“This property is outside the Village of Lombard’s planning jurisdiction. Therefore, the Village has no comments on the petition.” |
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City of Wood Dale: |
No Comments Received. |
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Addison Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Addison Fire Dist.: |
No Comments Received. |
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Sch. Dist. 4: |
No Comments Received. |
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Sch. Dist. 88: |
No Comments Received. |
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Forest Preserve: |
“We do not have any comments.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
30 FEET |
NA |
APPROX. 14 FT |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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South |
BELMONT ROAD AND BEYOND VILLAGE OF ADDISON |
HOUSE |
0-5 DU AC |
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East |
LOMBARD AVENYE AND BEYOND VILLAGE OF ADDISON |
HOUSE |
0-5 DU AC |
|
West |
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 September 3, 2025, recommends to approve the following zoning relief:
Variation to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool
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-25-000047 Mahmutovich, dated August 20, 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 16, 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:
Variation to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool
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-25-000047 Mahmutovich, dated August 20, 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): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to reduce the corner side yard setback from required 30 feet to approximately 14 feet for a new pool, on the property hereinafter described:
LOT 27 IN ARMY TRAIL UNIT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 19 AND THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 18, 1956 AS DOCUMENT 827285 AND CERTIFICATE OF CORRECTION RECORDED MARCH 20, 1958 AS DOCUMENT 873996, 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-25-000047 Mahmutovich, dated August 20, 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; KEVIN MAHMUTOVICH, 20W184 BELMONT PLACE, ADDISON, IL 60101 / KEVIN MAHMUTOVICH, 717 N. 5TH AVENUE, UNIT 302, ADDISON, IL 60101; and Township Assessor, Addison Township, 401 North Addison Road, Addison, IL 60101
end
Enacted and approved this 23rd of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK