title
Zoning Petition ZONING-23-000076 Knollcrest Funeral Home
resolution
WHEREAS, a public hearing was held on October 4, 2023, 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 setbacks from 20 feet to approximately 0 feet for the expansion of Knollcrest Funeral Home, on the property hereinafter described:
THE NORTH 150 FEET OF THE SOUTH 660 FEET OF THE EAST 250 FEET OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, 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 October 4, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for an expansion to the existing Knollcrest Funeral Home, which requires the interior side setbacks to be reduced from 20 feet to approximately 0 feet.
B. That at the public hearing, petitioner adopted the prior record for Z-22-000066 Knollcrest Funeral Home from January 18, 2023.
C. That petitioner testified that following the previous public hearing on January 18, 2023, petitioner addressed the concerns regarding stormwater from York Township and agreed to install a curb to better direct stormwater, and that York Township no longer has any objections to the proposed zoning relief.
D. That petitioner testified there is a recorded easement (R1992-039096) that grants Knollcrest Funeral Home the ability to access the property to the north and to landscape the northern area adjacent to the subject property.
E. That petitioner testified that the proposed addition would provide additional space for public uses, staff offices, and family lounges and that the garage would be relocated to rear of the building.
a. Furthermore, that petitioner testified that the purpose of the proposed enhancements is to improve the efficiency, functionality, and aesthetics of the subject property and existing business.
F. That petitioner testified that they are dealing with the existing limitations of the existing building and where it is located on the subject property, and that in order to build an addition, they would require the requested zoning relief.
G. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and unique circumstance for the subject zoning relief to reduce the interior side setbacks from 20 feet to approximately 0 feet, due to the location of the existing building on the subject property, causing petitioner to require the subject zoning relief in order to build an addition to support the expanding business.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 expansion 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 the proposed expansion will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed expansion.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed expansion will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed expansion will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed expansion will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that proposed expansion 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 the proposed expansion will be an added benefit to the neighborhood, and 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-23-000076 Knollcrest Funeral Home |
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ZONING REQUEST |
Variation to reduce the interior side setback from 20' to approximately 0 feet for the expansion of Knollcrest Funeral Home. |
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OWNER |
OAK BROOK BANK, TRUST 2499, 1500 S MEYERS ROAD, LOMBARD, IL 60148/ AGENT: BUIKEMA LAW GROUP, LLC., 15 SALT CREEK LANE, SUITE 103, HINSDALE, IL 60521 |
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ADDRESS/LOCATION |
1500 S MEYERS ROAD, LOMBARD, IL 60148 |
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PIN |
06-21-111-014 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
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ZONING/LUP |
R-3 SF RES |
INSTITUTIONAL |
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AREA |
0.86 ACRES (37,462 SQ. FT.) |
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UTILITIES |
WATER/ SEWER |
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PUBLICATION DATE |
Daily Herald: September 19, 2023 |
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PUBLIC HEARING |
WEDNESDAY, OCTOBER 4, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Objections. |
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Health: |
Our office has no jurisdiction in this matter. |
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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: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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EXTERNAL: |
|
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Village of Lombard: |
“The Village of Lombard has no comments on this petition.” |
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Village of Villa Park: |
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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York Center Fire Dist.: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Sch. Dist. 45: |
No Objections. |
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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 the 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: |
20’ |
15 FT |
APPROX. 0 FT |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-3 Single Family |
Funeral Home |
Institutional |
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North |
R-3 Single Family |
Park District |
Institutional |
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South |
R-3 Single Family |
Township Offices |
Institutional |
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East |
Meyers Road and beyond R-4 SF RES |
House |
0-5 DU AC |
|
West |
R-3 Single Family |
Township Offices |
Institutional |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on October 4, 2023, recommends to approve the following zoning relief:
Variation to reduce the interior side setbacks from 20 feet to approximately 0 feet for the expansion of Knollcrest Funeral Home.
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-23-000076 Knollcrest Funeral Home dated October 4, 2023.
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 November 21, 2023, 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 setbacks from 20 feet to approximately 0 feet for the expansion of Knollcrest Funeral Home.
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-23-000076 Knollcrest Funeral Home dated October 4, 2023.
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 setbacks from 20 feet to approximately 0 feet for the expansion of Knollcrest Funeral Home, on the property hereinafter described:
THE NORTH 150 FEET OF THE SOUTH 660 FEET OF THE EAST 250 FEET OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, 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-23-000076 Knollcrest Funeral Home dated October 4, 2023.
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; OAK BROOK BANK, TRUST 2499, 1500 S MEYERS ROAD, LOMBARD, IL 60148/ AGENT: BUIKEMA LAW GROUP, LLC., 15 SALT CREEK LANE, SUITE 103, HINSDALE, IL 60521; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK