title
Zoning Petition ZONING-25-000015 Malmalat, LLC.
resolution
WHEREAS, a public hearing was held on May 8, 2025 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:
Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions:
1. To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet;
2. To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet;
3. To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet;
4. To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and
5. To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2, on the property hereinafter described:
THE SOUTH HALF OF LOT 9 AND LOT 10, LOT 11 (EXCEPT THE SOUTH 12.25 FEET OF LOT 11) ALL IN BLOCK 15 IN BELT CITY, BEING A SUBDIVISIONOF PART OF SECTIONS 17 AND LOT 18, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1893 AS DOCUMENT NO. 52294, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THE SOUTH 12.25 FEET OF LOT 11, LOT 12 AND LOT 13 (EXCEPT THE SOUTH 10 FEET OF LOT 13) ALL IN BLOCK 15 IN BELT CITY, BEING A SUBDIVISION OF PART OF SECTIONS 17 AND 18, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1893 AS DOCUMENT NO. 5294, 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 June 5, 2025 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is for a Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions: To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet; To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet; To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet; To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2.
2. That at the public hearing, petitioner requested to withdraw the original first exception to reduce the front yard setback for proposed Lot 1 and Lot 2 from required 30 feet to approximately 20.5 feet and that the request to withdraw the original first exception was approved by the Zoning Board of Appeals.
3. That petitioner testified that the subject property is zoned R-4 Single Family Residential and that he proposes to construct two (2) attached dwelling buildings (duplexes) on two (2) adjacent properties, for a total of four (4) dwelling units.
4. That petitioner testified that both subject properties are approximately 7,331 sq. ft. in size, and each property would include a two-story building with one (1) garage per unit, and a total of three (3) parking spaces outside and one (1) parking space in the garage per unit.
5. That petitioner testified that they proposed to construct a dry well on each lot to accommodate water runoff from the increased FAR on the subject property.
6. That petitioner testified that they would construct the proposed dwelling units per the DuPage County Building Code and that each unit will be divided with a fire safety wall.
7. That petitioner testified that they proposed to connect to the City of Aurora water and sewer.
8. That petitioner testified that the proposed Planned Development would increase the housing supply and diversity without neighborhood disruption as there is an existing duplex in the neighborhood and industrial zoning district south of the subject property.
9. That petitioner testified that many homes in the subject neighborhood are rental homes.
10. That the Zoning Board of Appeals finds the petitioner has not provided sufficient evidence to meet the Standards for a Conditional Use.
a. Furthermore, that the subject properties are zoned R-4 Single Family Residential and lack the necessary land area to support an attached dwelling unit (duplex) residential development, and that this is demonstrated by the need for five (5) exceptions related to setbacks and Floor Area Ratio (FAR).
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has not demonstrated that the granting of the Conditional Use 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated that the proposed Planned Development with reduced interior side setbacks for each dwelling unit would 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 not demonstrated that the Proposed Development with reduced interior side setbacks for each dwelling unit 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 Planned Development for four (4) attached dwelling units within the R-4 Zoning District 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 Planned Development for four (4) attached dwelling units within the R-4 Zoning District 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 Planned Development for four (4) attached dwelling units within the R-4 Zoning District 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 Planned Development for four (4) attached dwelling units within the R-4 Zoning District 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 Planned Development for four (4) attached dwelling units within the R-4 Zoning District 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 |
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CASE #/PETITIONER |
ZONING-25-000015 Mamalat, LLC. |
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ZONING REQUEST |
Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions: 1. To reduce the front yard setback for proposed Lot 1 and Lot 2 from required 30 feet to approximately 20.5 feet; 2. To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet; 3. To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet; 4. To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet; 5. To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and 6. To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2. |
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OWNER |
MAMALAT, LLC., 6S346 OLD EOLA ROAD, EOLA, IL 60519/ MAMALAT, LLC., 3N556 WOODLAND AVENUE, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
6S346 OLD EOLA ROAD, EOLA, IL 60519 |
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PIN |
07-17-107-026/07-17-107-027 |
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TWSP./CTY. BD. DIST. |
NAPERVILLE |
DISTRICT 5 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.32 ACRES (13,939 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: APRIL 23, 2025 |
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PUBLIC HEARING |
THURSDAY, MAY 8, 2025 |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Front Yard: |
30 FT |
NA |
APPROX. 20.5 FT |
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Int. Side Yard: |
20 FT |
NA |
APPROX. 6.44 FT |
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Int. Side Yard: |
20 FT |
NA |
APPROX. 6.44 FT |
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Floor Area Ratio: |
0.25 |
NA |
APPROX. 0.5 |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
VACANT |
0-5 DU AC |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
OLD EOLA ROAD AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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West |
ALLEYWAY AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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|
|
|
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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 Comments Received. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
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EXTERNAL: |
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City of Aurora: |
No Comments Received. |
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City of Naperville: |
No Comments Received. |
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Naperville Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Naperville Fire Dist.: |
No Comments Received. |
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Sch. Dist. 204: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on June 5, 2025, recommends to deny the following zoning relief:
Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions:
1. To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet;
2. To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet;
3. To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet;
4. To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and
5. To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2.
ZBA VOTE (to Deny): 6 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on June 17, 2025, 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 the following zoning relief:
Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions:
1. To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet;
2. To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet;
3. To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet;
4. To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and
5. To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 4 Nays, 3 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use for a Planned Development to allow two (2) attached dwelling units on two (2) adjacent lots in the R-4 Single Family Zoning District, with the following exceptions:
1. To reduce the north interior side setback for Proposed Lot 1 from required 20 feet to approximately 10 feet;
2. To reduce the south interior side setback for Proposed Lot 1 from required 20 feet to approximately 6.44 feet;
3. To reduce the north interior side setback for Proposed Lot 2 from required 20 feet to approximately 6.44 feet;
4. To reduce the south interior side setback for Proposed Lot 2 from required 20 feet to approximately 10 feet; and
5. To increase the Floor Area Ratio (FAR) from permitted 0.25 to approximately 0.5 for Proposed Lot 1 and approximately 0.48 for Proposed Lot 2, on the property hereinafter described:
THE SOUTH HALF OF LOT 9 AND LOT 10, LOT 11 (EXCEPT THE SOUTH 12.25 FEET OF LOT 11) ALL IN BLOCK 15 IN BELT CITY, BEING A SUBDIVISIONOF PART OF SECTIONS 17 AND LOT 18, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1893 AS DOCUMENT NO. 52294, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: THE SOUTH 12.25 FEET OF LOT 11, LOT 12 AND LOT 13 (EXCEPT THE SOUTH 10 FEET OF LOT 13) ALL IN BLOCK 15 IN BELT CITY, BEING A SUBDIVISION OF PART OF SECTIONS 17 AND 18, TOWNSHIP 38 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1893 AS DOCUMENT NO. 5294, 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; MAMALAT, LLC., 6S346 OLD EOLA ROAD, EOLA, IL 60519/ MAMALAT, LLC., 3N556 WOODLAND AVENUE, WEST CHICAGO, IL 60185; and Township Assessor, Naperville Township, 139 Water Street, Naperville, IL 60540.
end
Enacted and approved this 24th day of June, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK