title
Zoning Petition ZONING-24-000035 Bagalanon (10%)
resolution
WHEREAS, a public hearing was held on July 24, 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:
Variation to increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase), on the property hereinafter described:
LOT 16 IN BLOCK 13 IN GARY AVENUE GARDENS, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 8, 1927, AS DOCUMENT 237266, 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 24, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase).
B. That petitioner testified that the while the subject property is a separate parcel and has always been a separate parcel since the subdivision of the neighborhood was created, it was previously considered part of the adjacent lot/address, which is also owned by the petitioner’s family and contains an existing house.
a. That petitioner testified that the subject property previously contained the adjacent home’s garage and that the garage was recently demolished, leaving the subject property vacant and buildable as for a separate single-family home.
b. That petitioner testified that he has lived at the adjacent home since 2006 and that they require a new home that would be accessible for the elderly care of his in-laws.
C. That petitioner testified that the proposed single-family ranch home on the subject property would allow for an accessible home to serve as the dwelling for his family, including his self, wife, children, and his in-laws.
D. That petitioner testified that he requires the additional 7.6% square footage for the proposed home as they require additional space for elderly care in the proposed ranch home.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for a practical difficulty and particular hardship, as petitioner indicated that as the proposed single-family home will be a ranch home, they require an additional 194 sq. ft. to allow space for elderly care and accessibility of his in-laws, and that the additional square footage is less than 10% over what is permitted on the subject property.
STANDARDS FOR VARIATIONS:
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 single-family home will meet all required setbacks and height requirements and 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 they will receive a building permit for the proposed single-family home, and that it will be built pursuant to the current building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed single-family home will be an added benefit to the neighborhood and 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 demonstrated that the proposed single-family home 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 demonstrated that the proposed single-family home will not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed single-family home 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 that the proposed single-family home will not impair the public health, safety, comfort, morals, or general welfare and will be an added benefit to the neighborhood.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000035 Bagalanon (10%) |
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ZONING REQUEST |
Variation to increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase). |
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OWNER |
STERJA GJICA, 1N157 MORSE STREET, CAROL STREAM, IL 60188 / AGENT: PHILIP BAGALANON, 1N157 MORSE STREET, CAROL STREAM, IL 60188 |
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ADDRESS/LOCATION |
1N157 MORSE STREET, CAROL STREAM, IL 60188 |
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PIN |
05-05-412-011 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 6 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.17 ACRES (7,405 SQ. FT.) |
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UTILITIES |
WELL/SEWER |
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PUBLICATION DATE |
Daily Herald: JULY 9, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JULY 24, 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: |
No Objections. |
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Stormwater: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
“DPC PW doesn’t have any sewer or water mains in the area, they are in the Wheaton Sanitary District.” |
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EXTERNAL: |
|
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Village of Carol Stream: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Village of Glendale Heights: |
“The Village has no comment relative to this matter.” |
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Village of Glen Ellyn: |
No Comments Received. |
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City of Wheaton: |
No Comments Received. |
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Milton Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Carol Stream Fire Dist.: |
No Comments Received. |
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Sch. Dist. 200: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this Notice and do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Floor Area Ratio: |
0.35 |
NA |
0.37 |
LAND USE:
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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 |
R-4 SF RES |
VACANT |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
MORSE STREET 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 24, 2024, recommends to approve the following zoning relief:
Variation to increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase).
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-24-000035 Bagalanon (10%) dated July 24, 2024.
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 20, 2024, 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 increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase).
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-24-000035 Bagalanon (10%) dated July 24, 2024.
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): 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 increase the total size of a new single-family home from permitted 2,547 sq. ft. to approximately 2,741 sq. ft. (Variation is for 194 sq. ft which is 7.6% increase), on the property hereinafter described:
LOT 16 IN BLOCK 13 IN GARY AVENUE GARDENS, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 8, 1927, AS DOCUMENT 237266, 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-24-000035 Bagalanon (10%) dated July 24, 2024.
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; STERJA GJICA, 1N157 MORSE STREET, CAROL STREAM, IL 60188 / AGENT: PHILIP BAGALANON, 1N157 MORSE STREET, CAROL STREAM, IL 60188; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 27th day of August, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK