title
Zoning Petition ZONING-25-000019 Saiz
resolution
WHEREAS, a public hearing was held on May 14, 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 for a new house on existing foundation from required 20 feet to approximately 10 feet, on the property hereinafter described:
LOT 12 IN BLOCK 9 IN DOWNERS GROVE GARDENS, BEING A SUBDIVISION IN SECTION 13, TOWNSHIP 38 NORTH, RANGE 10 AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 7, 1924 AS DOCUMENT 177390, 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 May 14, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the home on the property suffered substantial fire damage and the Building Department has determined that the restoration of the home is considered a “new build.” As such, in order for zoning to approve the permit application as a new building, the building must meet all current zoning bulk requirements.
B. That petitioner testified that the existing foundation on the existing house is located 10 feet from the corner side property line and within the corner side yard setback where the Zoning Code requires the setback be 20 feet.
C. That petitioner testified that the subject zoning relief is for a variation to reduce the corner side setback from the required 20 feet to approximately 10 feet to allow petitioner to continue on with the restoration of the fire damaged homes as a new build per the Building Code.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that 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; and specifically, that 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 development is technically a “new build” but in actuality is the fire restoration of an existing home that has been located approximately 10 feet from the corner side property line for approximately 70 years, in which the home was originally constructed within the required 20 foot corner side setback and does 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 demonstrated that he will obtain a building permit for the proposed fire restoration, and that the restoration will be pursuant to all building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the zoning relief will enable him to continue fire restoration on an existing home that has been located approximately 10 feet from the corner side property line for approximately 70 years, which was originally constructed within the required 20 foot corner side setback
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the fire restoration is for the interior of the existing building where the building has existed for approximately 70 years in the same location as proposed in the current development and does not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed fire restoration will not increase the potential for flood damages to adjacent property as the development does not extend the existing footprint of the fire damaged home.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed fire restoration will not incur additional expense for flood protection, rescue, or relief as the development does not extend the existing footprint of the fire damaged home and will be restored to all other count codes.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed fire restoration of the home will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County and will be an added benefit to the surrounding area and will permit the owner to complete the fire damaged building which is currently unfinished and open to the elements and in disrepair.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000019 Saiz |
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ZONING REQUEST |
Variation to reduce the corner side yard setback for a new house on existing foundation from required 20 feet to approximately 10 feet. |
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OWNER |
NICHOLAS & KELLI SAIZ, 2200 59TH STREET, DOWNERS GROVE, IL 60516-1168/AGENT: RYAN RIGGS, LEO EXTERIOR RESTORATION, 18 S LINCOLNWAY STREET, NORTH AURORA, IL 60542 |
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ADDRESS/LOCATION |
2200 59TH STREET, DOWNERS GROVE, IL 60516-1168 |
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PIN |
08-13-212-026 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
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ZONING/LUP |
R-4 SF DIST |
0-5 DU AC |
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AREA |
0.34 ACRES (14,810 SQ. FT.) |
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UTILITIES |
WATER/SEPTIC |
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PUBLICATION DATE |
Daily Herald: April 29, 2025 |
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PUBLIC HEARING |
WEDNESDAY, MAY 14, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objection. |
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DUDOT: |
Our office has no jurisdiction. |
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Health: |
No Comments Received. |
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Stormwater: |
Our office has no jurisdiction. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
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EXTERNAL: |
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Village of Downers Grove: |
Objects. (See attached documentation) |
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Village of Woodridge: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “The subject property is outside of the Village of Lisle’s boundary agreement.” |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Objection. |
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Darien-Woodridge Fire Dist.: |
No Comments Received. |
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Sch. Dist. 58: |
No Comments Received. |
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Sch. Dist. 99: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Yard: |
20 FT |
APPROX. 10 FT |
APPROX 10 FT |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
59TH STREET AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
PERSHING AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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West |
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 May 14, 2025, recommends to approve the following zoning relief:
Variation to reduce the corner side yard setback for a new house on existing foundation from required 20 feet to approximately 10 feet.
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-25-000019 Saiz dated May 14, 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 May 20, 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 for a new house on existing foundation from required 20 feet to approximately 10 feet.
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-25-000019 Saiz dated May 14, 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:
Variation to reduce the corner side yard setback for a new house on existing foundation from required 20 feet to approximately 10 feet, on the property hereinafter described:
LOT 12 IN BLOCK 9 IN DOWNERS GROVE GARDENS, BEING A SUBDIVISION IN SECTION 13, TOWNSHIP 38 NORTH, RANGE 10 AND SECTION 18, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 7, 1924 AS DOCUMENT 177390, 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-25-000019 Saiz dated May 14, 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; NICHOLAS & KELLI SAIZ, 2200 59TH STREET, DOWNERS GROVE, IL 60516-1168/AGENT: RYAN RIGGS, LEO EXTERIOR RESTORATION, 18 S LINCOLNWAY STREET, NORTH AURORA, IL 60542; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 27th day of May, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK