title
Zoning Petition ZONING-26-000039 Gura
resolution
WHEREAS, a public hearing was held on August 26, 2026, 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 reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet.
2. Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet, on the property hereinafter described:
LOT 4 (EXCEPT THE EAST 3.5 FEET THEREOF ) IN BLOCK 4 IN ARROWHEAD SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTIONS 29 AND 30, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1959 AS DOCUMENT 917554, 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 16, 2026, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet and a Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet.
B. That petitioner testified that he has lived at the subject property since 2021.
C. That petitioner testified that the subject chicken coop and run were constructed in the Fall of 2025 and that their chickens were moved into the coop in March 2026.
D. That petitioner testified that the subject chicken coop and run were constructed in the specific location in the southeast corner to match the existing shed setback on the property.
a. That petitioner testified that he chose this location for the chicken coop and run so that he would not have a backyard that was cluttered with detached accessory buildings.
E. That petitioner testified that if he were to move the chicken coop and run to the north and west to meet the required setbacks, it would cause the chicken coop and run to be located in front of the existing shed, where it would be hard to access and maintain.
F. That petitioner testified that there is flooding east of the existing patio and that he would be unable to locate the subject chicken coop and run there.
G. That petitioner testified that the rest of the yard is the only flat location for his children to play on.
H. That petitioner testified that he only uses the existing chickens for fresh eggs and does not sell any chicken byproducts.
I. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided evidence to support the approval of a Variation and that petitioner did not provide a practical difficulty or particular hardship with the land for the subject Variations.
a. Additionally, the Zoning Hearing Officer finds that there are other locations on the subject property for the chicken coop and run that would meet the required setbacks.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided evidence 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 or provided evidence that 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 or provided evidence that the existing chicken coop and run does not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that the existing chicken coop and run does not increase the hazard from fire or other damages to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that the existing chicken coop and run does 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 or provided evidence that the existing chicken coop and run does not unduly increase traffic congestion.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that the existing chicken coop and run does not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that the existing chicken coop and run does 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 or provided evidence that the existing chicken coop and run does not otherwise impair the public health, safety, comfort, morals or general welfare.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000039 Gura
ZONING REQUEST:
1. Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet.
2. Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet.
OWNER: BENJAMIN A. GURA, 25W661 DURFEE ROAD, WHEATON, IL 60189
ADDRESS/LOCATION: 25W661 DURFEE ROAD, WHEATON, IL 60189
PIN: 05-29-107-012
TWSP./CTY. BD. DIST.: MILTON/DISTRICT 6
ZONING/LUP: R-3 SF RES/0-5 DU AC
AREA: 0.6 ACRES (26,136 SQ. FT.)
UTILITIES: WATER/SEWER
PUBLICATION DATE: DAILY HERALD: AUGUST 11, 2026
PUBLIC HEARING: WEDNESDAY, AUGUST 26, 2026
ADDITIONAL INFORMATION:
Building: I object/have concerns with the petition.
DUDOT: No Comments Received.
Health: No objection or concern with the petition.
Stormwater: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
City of Wheaton: No Comments Received.
City of Naperville: No Comments Received.
Milton Township: No Comments Received.
Township Highway: No objections or concerns with the petition.
Warrenville Fire Dist.: No Comments Received.
Sch. Dist. 200: No Comments Received.
Forest Preserve: “We do not have any comments.”
GENERAL BULK REQUIREMENTS
• Interior Side Yard
o Required: 25 FEET
o Existing: APPROXIMATELY 16.53 FEET
o Proposed: APPROXIMATELY 16.53 FEET
• Rear Yard
o Required: 25 FEET
o Existing: APPROXIMATELY 12.68 FEET
o Proposed: APPROXIMATELY 12.68 FEET
LAND USE
Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
• Zoning: DURFEE ROAD AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
• Zoning: CITY OF WHEATON / Existing Use: HOUSE / Land Use Plan (LUP): CITY OF WHEATON
East of Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
West of Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on September 16, 2026, recommends to deny the following zoning relief:
1. Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet.
2. Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on October 6, 2026, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to not concur with the findings and recommends to approve the following zoning relief:
1. Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet.
2. Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet.
Development Committee VOTE (Motion to Approve): 4 Ayes, 2 Nays, 0 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT:
1. The DuPage County Development Committee recommended to approve the subject zoning relief for a Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet and a Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Variation to reduce the interior setback for an existing chicken coop and chicken run from required 25 feet to approximately 16.53 feet.
2. Variation to reduce the rear setback for an existing chicken coop and chicken run from required 25 feet to approximately 12.68 feet, on the property hereinafter described:
LOT 4 (EXCEPT THE EAST 3.5 FEET THEREOF ) IN BLOCK 4 IN ARROWHEAD SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTIONS 29 AND 30, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1959 AS DOCUMENT 917554, 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; BENJAMIN A. GURA, 25W661 DURFEE ROAD, WHEATON, IL 60189; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 13th day of October, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK