title
O R D I N A N C E
Zoning Petition ZONING-24-000024 Rektorski
resolution
WHEREAS, a public hearing was held on May 15, 2024, June 5, 2024, and July 10, 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 6'/100% closed (privacy) fence within the 10' corner side yard setback.
2. Variation to allow a 6’/100% closed (privacy fence within the 30’ front yard setback. on the property hereinafter described:
LOT 7, EXCEPT THE EAST 100 FEET THEREOF AS MEASURED ON THE SOUTHERLY LINE THEREOF AND NORMAL TO SAID SOUTHERLY LINE, BLOCK 11 IN ARTHUR T. MCINTOSH AND COMPANY’S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2 TO 12 (EXCEPT PARTS OF 10 AND 11) OF ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, 14 AND 15, TOWNSHIP 38 NORTH RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MCINTOSH AND COMPANY’S LISLE FARMS, RECORDED DECEMBER 31, 1924 AS DOCUMENT 186704, 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 10, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to allow a 6’/100% closed (privacy) fence within the 30’ front yard setback.
B. That the original zoning request included a Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback, and that this request was removed from the petition at the public hearing, as a 6’/100% closed fence within the corner side yard is now permitted as of right due to recently approved Text Amendment T-1-24.
C. That petitioner testified that they require a fence within the front yard for privacy and safety reasons, due to three (3) young children and two (2) dogs on the subject property.
D. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided sufficient evidence to support the proposed Variation to allow a 6’/100% closed (privacy) fence within the 30’ front yard setback and that petitioner has not demonstrated or provided sufficient evidence in relation to a practical difficulty or particular hardship in order to support a Variation.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 that the proposed 6’/100% closed fence in the front yard 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 not demonstrated that the proposed 6’/100% closed fence in the front yard will not increase in the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the proposed 6’/100% closed fence in the front yard 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 that the proposed 6’/100% closed fence in the front yard will not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated that the proposed 6’/100% closed fence in the front yard 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 not demonstrated that the proposed 6’/100% closed fence in the front yard 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 that the proposed 6’/100% closed fence in the front yard 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 |
|
CASE #/PETITIONER |
ZONING-24-000024 Rektorski |
|
ZONING REQUEST |
3. Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback. 4. Variation to allow a 6’/100% closed (privacy fence within the 30’ front yard setback. |
|
OWNER |
RYAN AND KELSEY REKTORSKI, 940 SOUTH ROAD, LISLE, IL 60532 |
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ADDRESS/LOCATION |
940 SOUTH ROAD, LISLE, IL 60532 |
|
PIN |
08-14-110-014 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.47 ACRES (20,473 SQ. FT.) |
|
UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: APRIL 30, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MAY 15, 2024, CONTINUED TO JUNE 5, 2024, CONTINUED TO JULY 10, 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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
|
Public Works: |
No Objections. “We are the water provider.” |
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EXTERNAL: |
|
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Village of Lisle: |
No Comments Received. |
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Village of Woodridge: |
“This is outside of our boundary agreements, no comment.” |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Lisle Township: |
No Comments Received. |
|
Township Highway: |
“With the revised plans Lisle Township Road District no longer has any objections to the fence planned for 940 South Road.” |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 202: |
No Comments Received. |
|
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.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Front Yard: |
4’6” / 50% OPEN |
N/A |
6’ / 100% CLOSED |
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 |
SOUTH ROAD AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
LENOX ROAD 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 July 10, 2024, recommends to deny the following zoning relief:
Variation to allow a 6’/100% closed (privacy) fence within the 30’ front yard setback.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 6, 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:
Variation to allow a 6’/100% closed (privacy) fence within the 30’ front yard setback.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 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 allow a 6’/100% closed (privacy) fence within the 30’ front yard setback, on the property hereinafter described:
LOT 7, EXCEPT THE EAST 100 FEET THEREOF AS MEASURED ON THE SOUTHERLY LINE THEREOF AND NORMAL TO SAID SOUTHERLY LINE, BLOCK 11 IN ARTHUR T. MCINTOSH AND COMPANY’S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2 TO 12 (EXCEPT PARTS OF 10 AND 11) OF ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, 14 AND 15, TOWNSHIP 38 NORTH RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MCINTOSH AND COMPANY’S LISLE FARMS, RECORDED DECEMBER 31, 1924 AS DOCUMENT 186704, 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; RYAN AND KELSEY REKTORSKI, 940 SOUTH ROAD, LISLE, IL 60532; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 13th day of August, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK