title
Zoning Petition ZONING-24-000009 Barnas
resolution
WHEREAS, a public hearing was held on March 13, 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 rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location), on the property hereinafter described:
LOT 87 IN BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, BEING A SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, AND OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20, 1969 AS DOCUMENT R69-37455, IN DUPAGE COUNTY, ILLINOIS.
ALSO, BEGINNING AT A POINT ON THE EAST LINE OF LOT 88 OF BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, A DISTANCE OF 160.0 FEET NORTH OF THE SOUTH LINE OF SAID LOT 88; THENCE WEST AT A NINETY DEGREE ANGLE FROM SAID EAST LINE OF LOT 88, A DISTANCE OF 10.0 FEET, THENCE NORTH PARALLEL WITH SAID EAST LINE OF SAID LOT 88, A DISTANCE OF 72.0 FEET, THENCE EAST AT A NINETY DEGREE ANGLE FROM SAID EAST LINE OF LOT 88 TO THE EAST LINE; THENCE SOUTH ALONG SAID EAST LINE OF LOT 88 TO THE POINT OF BEGINNING ALL IN LOT 88 OF BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, BEING A SUBDIVISION OF PARTS OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, NORTHEAST QUARTER OF THE NORHTEAST QUARTER OF SECTION 35, AND OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20, 1969 AS DOCUMENT R69-37455, 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 March 13, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the proposed zoning relief is reduce the rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location).
B. That petitioner testified that she purchased the subject property in 2021 and the property has an existing pool and previously had a dilapidated shed/pool utility structure.
C. That petitioner testified that she removed the previous dilapidated shed/pool utility structure and started to rebuild the shed in the same location, approximately 2’ from the rear property line.
D. That petitioner testified the pool shed is to cover the existing pool utilities and to store pool equipment and accessories.
E. That petitioner testified that the pool shed conforms to the same angle as the existing wood deck and pool, and that because these existing structures are not perfectly square, there is a unique circumstance as only a portion/corner of the pool shed is approximately 2’ from the rear yard property line.
F. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a unique circumstance and practical difficulty as the existing structures on the subject property (pool and deck) are not perfectly square, there is a unique circumstance as only a portion/corner of the pool shed is approximately 2’ from the rear yard property line
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 pool shed 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 pool shed will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed shed.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed pool shed will not diminish the value of land and buildings throughout the County and 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 pool shed will not unduly increase traffic congestion in the public streets and highways as the pool shed is located completely in the rear of the subject property.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed pool shed 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 the proposed pool shed 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 pool shed 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-24-000009 Barnas |
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ZONING REQUEST |
Variation to reduce the rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location). |
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OWNER |
BOGUMILA BARNAS, 28W084 TIMBER LANE, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
28W084 TIMBER LANE, WEST CHICAGO, IL 60185 |
|
PIN |
01-26-402-002 / 01-26-402-011 |
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TWSP./CTY. BD. DIST. |
Wayne |
District 6 |
|
ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
|
AREA |
0.65 ACRES (28,314 SQ. FT) |
|
UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: FEBRUARY 27, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MARCH 13, 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 with the concept of the petition. Additional information may be required at time of permit application. “Please be aware that the shed is situated in the regulatory floodplain. Consequently, further information will be necessary when submitting the permit application to ensure that the shed complies with the requirements for an accessory structure within the floodplain.” |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
Village of Carol Stream: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
|
Village of Winfield: |
No Comments Received. |
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Wayne Township: |
No Comments Received. |
|
Township Highway: |
No Comments Received. |
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Carol Stream Fire Dist.: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Sch. Dist. 25: |
No Objections. |
|
Sch. Dist. 94: |
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 the sizable distance between the subject property and the District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
3’ |
APPROX. 2’ |
APPROX. 2’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-3 SF RES |
OPEN SPACE |
0-5 DU AC |
|
South |
TIMBER LANE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 SF RES |
OPEN SPACE |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on March 13, 2024, recommends to approve the following zoning relief:
Variation to reduce the rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location).
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-24-000009 Barnas on March 13, 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 April 16, 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 rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location).
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-24-000009 Barnas on March 13, 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): 4 Ayes, 0 Nays, 2 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 rear yard setback for a new pool shed from required 3' to approximately 2' (replacing previous pool shed in same location), on the property hereinafter described:
LOT 87 IN BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, BEING A SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, AND OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20, 1969 AS DOCUMENT R69-37455, IN DUPAGE COUNTY, ILLINOIS.
ALSO, BEGINNING AT A POINT ON THE EAST LINE OF LOT 88 OF BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, A DISTANCE OF 160.0 FEET NORTH OF THE SOUTH LINE OF SAID LOT 88; THENCE WEST AT A NINETY DEGREE ANGLE FROM SAID EAST LINE OF LOT 88, A DISTANCE OF 10.0 FEET, THENCE NORTH PARALLEL WITH SAID EAST LINE OF SAID LOT 88, A DISTANCE OF 72.0 FEET, THENCE EAST AT A NINETY DEGREE ANGLE FROM SAID EAST LINE OF LOT 88 TO THE EAST LINE; THENCE SOUTH ALONG SAID EAST LINE OF LOT 88 TO THE POINT OF BEGINNING ALL IN LOT 88 OF BRANIGAR’S FIRST ADDITION TO WAYNE OAKS, BEING A SUBDIVISION OF PARTS OF SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, SOUTHWEST QUARTER OF SOUTHWEST QUARTER OF SECTION 25, NORTHEAST QUARTER OF THE NORHTEAST QUARTER OF SECTION 35, AND OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, ALL IN TOWNSHIP 40 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN DUPAGE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 20, 1969 AS DOCUMENT R69-37455, 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-24-000009 Barnas on March 13, 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; BOGUMILA BARNAS, 28W084 TIMBER LANE, WEST CHICAGO, IL 60185; and Township Assessor, Wayne Township, 27W031 North Avenue, West Chicago, IL 60185.
end
Enacted and approved this 23rd day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK