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File #: DC-O-0026-25    Version: 1
Type: Development Ordinance Status: Approved at Committee
File created: 6/24/2025 In control: Development Committee
On agenda: 7/1/2025 Final action:
Title: Zoning Petition ZONING-25-000022 Perez
Attachments: 1. Z-25-000022 Perez Cty. Bd. (07-08-2025)_Redacted.pdf

 

title

Zoning Petition ZONING-25-000022 Perez

resolution

 

 

WHEREAS, a public hearing was held on June 4, 2025, 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:

 

Rezoning from B-1 Local Business to R-4 Single Family Residential, on the property hereinafter described:

 

LOT 7 AND THAT PART OF LOT 6 LYING SOUTH OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF SAID LOT 6 TO A POINT ON THE EAST LINE OF SAID LOT 6 THAT IS 32.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 6; ALL IN BLOCK 2 IN GRAUE’S LAKE TERRACE, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 8, 1925 AS DOCUMENT NO. 192604, 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 June 18, 2025, does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that they seek the subject zoning relief to rezone the subject property from B-1 Local Business to R-4 Single Family Residential.

 

B.                     That petitioner testified that he is downzoning the subject property and converting the existing building into a single-family home.

 

C.                     That petitioner testified that other than the properties directly north and east of the subject property, all other properties west and south of the subject property are zoned single family residential in both the Village of Addison and unincorporated DuPage County.

 

D.                     That petitioner testified the subject property zoned as B-1 Local Business is not compatible with the surrounding area and that the subject property has been vacant for over eight (8) years.

 

a.                     Furthermore, that there are only single-family homes being constructed in the surrounding area.

 

E.                     That the Zoning Hearing Officer finds that petitioner has demonstrated the minimum of Standards for a Map Amendment (Rezoning) and that the Hearing Officer finds that downzoning the subject property from B-1 Local Business to R-4 Single Family Residential is suitable for the subject property and compatible with the surrounding area and neighborhood trend of development.

 

STANDARDS FOR MAP AMENDMENT (REZONING):

That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the map amendment (rezoning) is in harmony with the general purpose and intent of the Zoning Ordinance, and that the petitioner has demonstrated the following standards for a map amendment (rezoning):

 

1.                     Existing uses of property within the general area of the property in question, as petitioner has demonstrated that the property directly to the west is located in the Village of Addison and is a single family home; that the property to the south is located in the Village of Addison and is a single family home; that the property directly to the east is located in the Village of Addison and is an office building; and that the property directly to the north is located in the Village of Addison and is a commercial Tupperware store.

 

2.                     The zoning classification of property within the general area of the property in question, as petitioner has demonstrated that the property directly to the west is located in the Village of Addison and is a single family home; that the property to the south is located in the Village of Addison and is a single family home; that the property directly to the east is located in the Village of Addison and is an office building; and that the property directly to the north is located in the Village of Addison and is a commercial Tupperware store.

 

3.                     The suitability of the property in question for the uses permitted under the existing zoning classification, as petitioner has demonstrated that the subject property is not suitable under the existing zoning classification as it has remained vacant for over eight (8) years and that the subject property is primarily surrounded by single family homes. 

 

4.                     The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the property in question was placed in its present zoning classification, as petitioner has demonstrated that the trend of development in the general area is primarily toward single family homes.

 

5.                     The length of time the property has been vacant as zoned, considered in the context of the land development in the area surrounding the subject property, as petitioner has demonstrated that the subject property has been vacant for over eight (8) years as a B-1 Local Business property.

 

6.                     The extent to which the property values are diminished by particular zoning restrictions, as petitioner has demonstrated that the existing B-1 Local Business zoning district is not compatible with the surrounding land uses, and that the subject property has remained vacant for over eight (8) years as a commercial property.

 

PETITIONER’S DEVELOPMENT FACT SHEET

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER

ZONING-25-000022 Perez

ZONING REQUEST

Rezoning from B-1 Local Business to R-4 Single Family Residential.                                                                                                  

OWNER

NEWFLOW LLC., 4N481 9TH AVENUE, ADDISON, IL 60101 / NEWFLOW LLC., 1980 GARDNER CIRCLE E, AURORA, IL 60503 / AGENT: ADALBERTO PEREZ, 1980 GARDNER CIRCLE E, AURORA, IL 60503

ADDRESS/LOCATION

4N481 9TH AVENUE, ADDISON, IL 60101

PIN

03-20-112-005/ 03-20-112-006

TWSP./CTY. BD. DIST.

ADDISON

DISTRICT 1

ZONING/LUP

B-1 LOCAL BUSINESS

0-5 DU AC/LOCAL BUSINESS

AREA

0.3 ACRES (13,068 SQ. FT.)

UTILITIES

WELL/SEPTIC

PUBLICATION DATE

Daily Herald: MAY 20, 2025

PUBLIC HEARING

WEDNESDAY, JUNE 4, 2025

ADDITIONAL INFORMATION: 

Building: 

No Objections.

DUDOT:

Our office has no jurisdiction in this matter.

Health:

Objects. (See attached documentation)

Stormwater:

Our office has no jurisdiction in this matter.

Public Works:

“DPC Public Works doesn’t own any sewer or water mains in the area.”

EXTERNAL:

 

Village of Addison:

No Objections.

Village of Itasca:

“The Village of Itasca has no comment on this Zoning case.”

City of Wood Dale:

No Comments Received.

Addison Township:

No Comments Received.

Township Highway:

No Comments Received.

Addison Fire Dist.:

No Comments Received.

Sch. Dist. 4:

No Comments Received.

Sch. Dist. 88:

No Comments Received.

Forest Preserve:

No Comments Received.

                                                                                    

 

 

 

 

                                                                                    LAND USE:

Location

Zoning

Existing Use

LUP

Subject

B-1 LOCAL BUSINESS

HOUSE

0-5 DU AC/LOCAL BUSINESS

North

VILLAGE OF ADDISON

COMMERCIAL

VILLAGE OF ADDISON

South

VILLAGE OF ADDISON

HOUSE

VILLAGE OF ADDISON

East

VILLAGE OF ADDISON

COMMERCIAL

VILLAGE OF ADDISON

West

9TH AVENUE AND BEYOND VILLAGE OF ADDISON

HOUSE

VILLAGE OF ADDISON

 

 

                     WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on June 18, 2025, recommends to approve the following zoning relief:

 

Rezoning from B-1 Local Business to R-4 Single Family Residential.                                                                                                  

 

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-25-000022 Perez dated June 4, 2025.

 

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 July 1, 2025, 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:

 

Rezoning from B-1 Local Business to R-4 Single Family Residential.                                                                                                  

 

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-25-000022 Perez dated June 4, 2025.

 

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 (Motion 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:

 

Rezoning from B-1 Local Business to R-4 Single Family Residential, on the property hereinafter described:

 

LOT 7 AND THAT PART OF LOT 6 LYING SOUTH OF A LINE DRAWN FROM THE SOUTHWEST CORNER OF SAID LOT 6 TO A POINT ON THE EAST LINE OF SAID LOT 6 THAT IS 32.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 6; ALL IN BLOCK 2 IN GRAUE’S LAKE TERRACE, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 8, 1925 AS DOCUMENT NO. 192604, 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-25-000022 Perez dated June 4, 2025.

 

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; NEWFLOW LLC., 4N481 9TH AVENUE, ADDISON, IL 60101 / NEWFLOW LLC., 1980 GARDNER CIRCLE E, AURORA, IL 60503 / AGENT: ADALBERTO PEREZ, 1980 GARDNER CIRCLE E, AURORA, IL 60503; and Township Assessor, Addison Township, 401 North Addison Road, Addison, IL 60101.

 

end

Enacted and approved this 8th day of July, 2025 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK