title
Zoning Petition ZONING-25-000041 Hennig
resolution
WHEREAS, a public hearing was held on July 16, 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 interior side setback for a chicken coop from required 25 feet to approximately 3 feet, on the property hereinafter described:
LOT 79 IN HINSDALE TIMBER LAKE ESTATES UNIT 2, BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; ALSO OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 98, SAID RIGHT OF WAY LINE RECORDED AS DOCUMENT 537480; ALSO PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 24, 1954 AS DOCUMENT 738316 AND CERTIFICATE OF CORRECTIONS FILED JANUARY 28, 1955 AS DOCUMENT 744581, 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 August 20, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet.
B. That petitioner testified that he has an existing chicken coop on the subject property that is located approximately three (3) feet from the west interior side property line.
C. That petitioner testified that directly to the west of him is DuPage County Forest Preserve and that leaving his chicken coop three (3) feet from his interior side property line is less of a nuisance for his neighbors to the north and east.
D. That the Zoning Hearing Officer finds that petitioner has not demonstrated evidence for a practical difficulty or particular hardship with the land in relation to the existing chicken coop and that there was no evidence presented in relation to the seven standards required to approve a Variation.
STANDARDS FOR VARIATIONS:
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 existing chicken coop three (3) feet from the interior side property line does 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 existing chicken coop three (3) feet from the interior side property line does not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the existing chicken coop three (3) feet from the interior side property line 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 that the existing chicken coop three (3) feet from the interior side property line 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 not demonstrated that the existing chicken coop three (3) feet from the interior side property line 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 that the existing chicken coop three (3) feet from the interior side property line 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 that the existing chicken coop three (3) feet from the interior side property line does not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER'S DEVELOPMENT FACT SHEET
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER
ZONING-25-000041 Hennig
ZONING REQUEST
Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet.
OWNER
EDWARD HENNIG AND CYNTHIA WOLAK, 17W178 87TH STREET, WILLOWBROOK, IL 60527
ADDRESS/LOCATION
17W178 87TH STREET, WILLOWBROOK, IL 60527
PIN
09-34-406-014
TWSP./CTY. BD. DIST.
DOWNERS GROVE
DISTRICT 3
ZONING/LUP
R-2 SF RES
0-5 DU AC
AREA
1.07 ACRES (46,609 SQ. FT.)
UTILITIES
WATER/SEWER
PUBLICATION DATE
Daily Herald: JULY 1, 2025
PUBLIC HEARING
WEDNESDAY, JULY 16, 2025
ADDITIONAL INFORMATION:
Building:
Objects.
DUDOT:
Our office has no jurisdiction in this matter.
Health:
No Objection with the concept of the petition. Additional information may be required at time of permit application.
Stormwater:
No Objections.
Public Works:
"DPC Public Works owns sewer and water mains on 87th St, the proposed work should not impact our mains."
EXTERNAL:
City of Darien:
No Comments Received.
Village of Willowbrook:
No Comments Received.
Village of Burr Ridge:
No Comments Received.
Downers Grove Township:
No Comments Received.
Township Highway:
No Comments Received.
Tri-State Fire Dist.:
No Objections.
Sch. Dist. 63:
No Comments Received.
Sch. Dist. 86:
No Objections.
Forest Preserve:
"Forest Preserve District staff have reviewed the information provided and do not have any comments."
GENERAL BULK REQUIREMENTS:
REQUIREMENTS:
REQUIRED
EXISTING
PROPOSED
Int. Side Yard:
25 FT
3 FT
3 FT
LAND USE:
Location
Zoning
Existing Use
LUP
Subject
R-2 SF RES
HOUSE
0-5 DU AC
North
R-2 SF RES
HOUSE
0-5 DU AC
South
TENNESSEE AVENUE AND BEYOND R-3 SF RES
HOUSE
0-5 DU AC
East
R-2 SF RES
HOUSE
0-5 DU AC
West
CITY OF DARIEN
FOREST PRESERVE
CITY OF DARIEN
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on August 20, 2025, recommends to deny the following zoning relief:
Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on September 2, 2025, 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:
Variation to reduce the interior side setback for a chicken coop from required 25 feet to approximately 3 feet.
Development Committee VOTE (Motion to Approve): 4 Ayes, 0 Nays, 2 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 interior side setback for a chicken coop from required 25 feet to approximately 3 feet, on the property hereinafter described:
LOT 79 IN HINSDALE TIMBER LAKE ESTATES UNIT 2, BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; ALSO OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 98, SAID RIGHT OF WAY LINE RECORDED AS DOCUMENT 537480; ALSO PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 24, 1954 AS DOCUMENT 738316 AND CERTIFICATE OF CORRECTIONS FILED JANUARY 28, 1955 AS DOCUMENT 744581, 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; EDWARD HENNIG AND CYNTHIA WOLAK, 17W178 87TH STREET, WILLOWBROOK, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 9th of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK