title
Zoning Petition ZONING-24-000021 Komlo
resolution
WHEREAS, a public hearing was held on May 15, 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 reduce the interior side setback from 10' to approximately 4' for a new detached garage, on the property hereinafter described:
LOT 44 (EXCEPT THE SOUTH 98 FEET THEREOF) IN RIORDON’S SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 16, 1945 IN BOOK 25 OF PLATS, PAGE 108, AS DOCUMENT 477866, 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 May 15, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he requested the subject zoning relief in order to build a new, detached garage in place of the existing shed on the subject property.
B. That petitioner testified that he has a one (1) car, attached garage and that he requires additional storage space on the subject property to store three (3) cars and household accessory equipment.
C. That petitioner testified that due to the existing septic system and three mature trees (Mulberry, Elm, and Tamarack trees), he would need to place the proposed detached garage approximately four (4) feet from the interior side property line.
D. That the Zoning Hearing Officer finds that petitioner has provided sufficient evidence (including site plans and photos) indicating that a proposed detached garage would need to be located approximately four (4) feet from the interior side setback in order to not impact the existing septic system and three (3) mature trees.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 detached garage will be located in the same location of the existing shed and that it 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 demonstrated that he will obtain a building permit for the proposed detached garage and that it 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 demonstrated that the proposed detached garage will not diminish the value of land and buildings throughout the County and that it 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 detached garage will be built behind the front wall of the house and 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 detached garage 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 detached garage 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 detached garage will be built in place of an existing shed and will be an added benefit to the surrounding area , which 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-24-000021 Komlo |
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ZONING REQUEST |
Variation to reduce the interior side setback from 10' to approximately 4' for a new detached garage. |
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OWNER |
JERZY KOMLO, 0S451 SUMMIT AVENUE, VILLA PARK, IL 60181 |
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ADDRESS/LOCATION |
0S451 SUMMIT AVENUE, VILLA PARK, IL 60181 |
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PIN |
06-15-302-005 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.67 ACRES (29,185 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: APRIL 30, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MAY 15, 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 Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Villa Park: |
No Comments Received. |
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Village of Lombard: |
“As the property is outside of our extraterritorial jurisdiction, we do not have any comments on the petition.” |
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City of Elmhurst: |
No Comments Received. |
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City of Oakbrook Terrace: |
No Comments Received. |
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Village of Oak Brook: |
No Objections. |
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York Township: |
No Comments Received. |
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Township Highway: |
No Objections. |
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Oakbrook Terrace Fire Dist.: |
No Comments Received. |
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Sch. Dist. 48: |
No Comments Received. |
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Sch. Dist. 88: |
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.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
10’ |
N/A |
APPROX. 4’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
SUMMIT AVENUE R-3 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 May 15, 2024, recommends to approve the following zoning relief:
Variation to reduce the interior side setback from 10' to approximately 4' for a new detached garage.
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-24-000021 Komlo dated May 15, 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 June 4, 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 reduce the interior side setback from 10' to approximately 4' for a new detached garage.
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-24-000021 Komlo dated May 15, 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): 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 reduce the interior side setback from 10' to approximately 4' for a new detached garage, on the property hereinafter described:
LOT 44 (EXCEPT THE SOUTH 98 FEET THEREOF) IN RIORDON’S SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 16, 1945 IN BOOK 25 OF PLATS, PAGE 108, AS DOCUMENT 477866, 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-24-000021 Komlo dated May 15, 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; JERZY KOMLO, 0S451 SUMMIT AVENUE, VILLA PARK, IL 60181; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 11th day of June, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK