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O R D I N A N C E
Zoning Petition ZONING-24-000059 Construction Solutions, LLC.
WHEREAS, a public hearing was held on August 29, 2024 and September 27, 2024 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals 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 lot size for two new lots from required 100,000 sq. ft. to approximately 16,556 sq. ft. for Lot 1 and approximately 17,788 sq. ft. for Lot 2.
2. Variation to reduce the lot width for two new lots from required 165 feet to approximately 140 feet for Lot 1 and 150 feet for Lot 2, on the property hereinafter described:
LOT 16 IN URBAN’S OAKDALE MANOR, A SUBDIVISION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931, AS DOCUMENT 316521, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on October 3, 2024 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is for Variations to subdivide his property into two (2) lots serviced with sewer and well in the R-1 Single Family Zoning District.
2. That petitioner testified that they have a unique situation on the subject lot and in the subject neighborhood as the trend of development is towards smaller lots, less than what is required in the R-1 Zoning District.
3. That petitioner testified that before they purchased the subject property and before their closing, the property experienced a storm that caused the existing single-family home to be destroyed.
a. In addition, that petitioner testified that the existing home would need to be demolished and rebuilt.
b. That at the public hearing, the petitioner withdrew the third request for a Variation to reduce the interior side setback for an existing house on proposed Lot 2 from required 20 feet to approximately 10.25 feet, as he testified that the existing house would be demolished and would therefore not require a setback Variation.
4. That petitioner testified that the hardship for the subject property is the cost of construction to build a new house and that he would like to build two houses on the subject property to offset the cost of construction.
5. That petitioner testified that there are several properties similar in size throughout the surrounding area.
6. That the Zoning Board of Appeals finds that petitioner has not demonstrated or provided sufficient evidence to support the proposed Variations, and that petitioner has not demonstrated or provided sufficient evidence in relation to a practical difficulty or particular hardship with the land.
a. Furthermore, that the Zoning Board of Appeals finds that petitioner testified to a financial hardship of building house and that the Zoning Board of Appeals finds that a financial/self-made hardship does not qualify as practical difficulty or particular hardship for a Variation.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 two (2) lot subdivision will 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 that the proposed two (2) lot subdivision will 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 proposed two (2) lot subdivision 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 two (2) lot subdivision 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 two (2) lot subdivision 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 not demonstrated that the proposed two (2) lot subdivision 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 two (2) lot subdivision will not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000059 Construction Solutions, LLC. |
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ZONING REQUEST |
1. Variation to reduce the lot size for two new lots from required 100,000 sq. ft. to approximately 16,556 sq. ft. for Lot 1 and approximately 17,788 sq. ft. for Lot 2. 2. Variation to reduce the lot width for two new lots from required 165 feet to approximately 140 feet for Lot 1 and 150 feet for Lot 2. |
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OWNER |
CONSTRUCTION SOLUTIONS, LLC., 9066 WILLOW RIDGE DR., WILLOW SPRINGS, IL 60480 / CONSTRUCTION SOLUTIONS, LLC., 15W770 90TH ST., BURR RIDGE, IL 60527 / AGENT: PATRICK SMITH, 5116 FOREST AVENUE, DOWNERS GROVE, IL 60515 |
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ADDRESS/LOCATION |
15W770 90TH ST., BURR RIDGE, IL 60527 |
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PIN |
10-01-101-006 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
0.79 ACRES (34,412 SQ. FT.) |
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UTILITIES |
WELL/SEWER |
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PUBLICATION DATE |
Daily Herald: AUGUST 13, 2024 |
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PUBLIC HEARING |
THURSDAY, AUGUST 29, 2024; CONTINUED TO THURSDAY, SEPTEMBER 27, 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: |
Objects. “Health records indicate the septic field serving the current home is located on proposed parcel 1. Per DuPage County Septic Ordinance the septic field must be on the same lot as the building it services.” |
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Stormwater: |
(See attached documentation) |
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Public Works: |
“DPC PW owns the sewer main in the ROW on the East side of Madison St and the South side of 90th St. The current home is connected to our sewer on 90th St. We have no issues with the proposed changes. If the future home on the new west lot needs to connect to sewer, it is available, they will be required to apply for a sewer permit and submit plans. They can contact us at 630-407-6801 if they have any questions.” |
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EXTERNAL: |
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Village of Burr Ridge: |
(See attached documentation) |
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Village of Willowbrook: |
No Comments Received. |
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City of Darien: |
No Comments Received. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Tri-State Fire Dist.: |
No Objections. |
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Sch. Dist. 180: |
No Objections. |
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Sch. Dist. 86: |
No Objections. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County has reviewed the information provided by the County of DuPage and does not have any comments. Thank you.” |
PETITIONER’S DEVELOPMENT FACT SHEET
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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South |
90TH STREET AND BEYOND R-1 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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West |
MADISON STREET AND BEYOND R-1 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on October 3, 2024, recommends to deny the following zoning relief:
1. Variation to reduce the lot size for two new lots from required 100,000 sq. ft. to approximately 16,556 sq. ft. for Lot 1 and approximately 17,788 sq. ft. for Lot 2.
2. Variation to reduce the lot width for two new lots from required 165 feet to approximately 140 feet for Lot 1 and 150 feet for Lot 2.
ZBA VOTE (to Deny): 6 Ayes, 0 Nays, 1 Absent
WHEREAS, the County Board Development Committee on November 19, 2024, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and on a Motion to Approve, the motion failed relative to the following zoning relief:
1. Variation to reduce the lot size for two new lots from required 100,000 sq. ft. to approximately 16,556 sq. ft. for Lot 1 and approximately 17,788 sq. ft. for Lot 2.
2. Variation to reduce the lot width for two new lots from required 165 feet to approximately 140 feet for Lot 1 and 150 feet for Lot 2.
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:
1. Variation to reduce the lot size for two new lots from required 100,000 sq. ft. to approximately 16,556 sq. ft. for Lot 1 and approximately 17,788 sq. ft. for Lot 2.
2. Variation to reduce the lot width for two new lots from required 165 feet to approximately 140 feet for Lot 1 and 150 feet for Lot 2, on the property hereinafter described:
LOT 16 IN URBAN’S OAKDALE MANOR, A SUBDIVISION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 25, 1931, AS DOCUMENT 316521, 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; CONSTRUCTION SOLUTIONS, LLC., 9066 WILLOW RIDGE DR., WILLOW SPRINGS, IL 60480 / CONSTRUCTION SOLUTIONS, LLC., 15W770 90TH ST., BURR RIDGE, IL 60527 / AGENT: PATRICK SMITH, 5116 FOREST AVENUE, DOWNERS GROVE, IL 60515; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
Enacted and approved this 26th of November, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK