title
O R D I N A N C E
Zoning Petition ZONING-23-000030 Bakas
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:
Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback, the property hereinafter described:
LOT 53 IN STEEPLE RUN UNIT 2, BEING A SUBDIVISION OF PART OF SECTIONS 9 AND 16, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 28, 1971 AS DOCUMENT R71-66527 AND CERTIFICATE OF CORRECTION RECORDED FEBRUARY 28, 1972 AS DOCUMENT R72-9719, 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 the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
B. That petitioner testified that due to the subject property’s unique lot configuration and minimal backyard space, petitioner requires a privacy fence within the 10’ corner side yard setback for additional privacy and security due to increased noise, vehicle, and pedestrian traffic.
C. That petitioner testified that the proposed privacy fence would be located in the last 20’ of the subject property.
D. That petitioner testified that the proposed privacy fence will be an added benefit to the neighborhood and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
E. That Hearing Officer finds that petitioner has demonstrated that a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback does 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.
F. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship in relation to the location and configuration of the subject property, and that that the increase in noise, vehicle, and pedestrian traffic required petitioner to request a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 privacy fence 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 demonstrated that the proposed privacy fence will not increase in the hazard from fire or other dangers and that he will receive a building permit for the proposed fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed privacy fence will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed privacy fence will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed privacy fence 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 proposed privacy fence 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 the proposed privacy fence will be an added benefit to the neighborhood, and 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-23-000030 Bakas |
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ZONING REQUEST |
Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback. |
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OWNER |
PETER AND GENELLA BAKAS, 24W461 CLIFF COURT, NAPERVILLE, IL 60540 |
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ADDRESS/LOCATION |
24W461 CLIFF COURT, NAPERVILLE, IL 60540 |
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PIN |
08-09-309-013 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.21 ACRES (9,148 SQ. FT.) |
|
UTILITIES |
WATER AND SEWER |
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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: |
No Objections. |
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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: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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City of Naperville: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “The subject property is not located within the Village of Lisle’s boundary agreement.” |
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Village of Woodridge |
No Comments Received. |
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Lisle Township: |
No Comments Received. |
|
Township Highway: |
No Comments Received. |
|
Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 203: |
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
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
RIDGEVIEW LANE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOA/VACANT |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
PARK MEADOW DRIVE 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 approve the following zoning relief:
Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback.
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-23-000030 Bakas dated June 28, 2023.
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 August 1, 2023, 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 allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback.
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-23-000030 Bakas dated June 28, 2023.
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 (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 allow a 6'/100% closed (privacy) fence within the 10' corner side yard setback, the property hereinafter described:
LOT 53 IN STEEPLE RUN UNIT 2, BEING A SUBDIVISION OF PART OF SECTIONS 9 AND 16, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 28, 1971 AS DOCUMENT R71-66527 AND CERTIFICATE OF CORRECTION RECORDED FEBRUARY 28, 1972 AS DOCUMENT R72-9719, 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-23-000030 Bakas dated June 28, 2023.
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; PETER AND GENELLA BAKAS, 24W461 CLIFF COURT, NAPERVILLE, IL 60540; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
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Enacted and approved this 8th day of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK