title
O R D I N A N C E
Zoning Petition ZONING-23-000055 Matthews
resolution
WHEREAS, a public hearing was held on August 30, 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:
1. Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback
2. Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback.
3. Variation to increase the height of a fence within the required 25' line of sight/ vision clearance on a corner from 3’ to approximately 6’, on the property hereinafter described:
LOT 35 IN WOODS OF CANTIGNY UNIT FOUR, BEING A SUBDIVISION OF PART OF LOT 1 IN WOODS OF CANTIGNY ASSESSMENT PLAT IN SECTION 20, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID WOODS OF CANTIGNY - UNIT FOUR RECORDED FEBRUARY 4, 1987 AS DOCUMENT R87-16685 AND CERTIFICATE OF CORRECTION RECORDED NOVEMBER 25, 1987 AS DOCUMENT NUMBER R87-167633, 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 August 30, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks the subject zoning relief to replace his existing fence with a 6’/100% closed privacy fence within the corner side yard setback, that extends into the front yard and line-of-sight/vision clearance on a corner.
B. That petitioner testified that due to increased traffic from a new residential development to the north on Purnell Road, he requires the subject fence to protect his property and family from vehicular traffic and noise.
a. Furthermore, that petitioner testified that a car has driven through his existing fence and that a fence within the corner side yard, front yard, and line-of-sign clearance acts as a blockade against vehicles hitting his residence.
C. That petitioner testified that there would be no line-of-sight issues caused by the proposed fence.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a particular hardship and practical difficulty for a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback and a Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback, due to increased traffic on Purnell Road and safety issues caused be vehicles on Purnell Road.
E. That the Zoning Hearing Officer finds that petitioner has not demonstrated evidence for a Variation to increase the height of a fence within the required 25' line of sight/ vision clearance on a corner from 3’ to approximately 6’, and that the Winfield Township Road District objects to the subject Variation due to line-of-sight issues that could potentially be caused by the proposed fence.
STANDARDS FOR VARIATIONS (CORNER SIDE AND FRONT YARD:
*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 privacy fence within the corner side yard and front yard 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 privacy fence within the corner side yard and front yard will not increase in the hazard from fire or other dangers and that he will receive a building permit for the proposed fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed privacy fence within the corner side yard and front yard 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 privacy fence within the corner side yard and front yard 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 privacy fence within the corner side yard and front yard 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 privacy fence within the corner side yard and front yard 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 privacy fence within the corner side yard and front yard 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.
STANDARDS FOR VARIATIONS (LINE-OF-SIGHT/VISION CLEARANCE):
*Per Zoning Code Section 37-1411.3
1. That the Zoning Hearing Officer finds that petitioner has not 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 not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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 not demonstrated or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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 or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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 or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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 not demonstrated or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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 or provided evidence that the proposed privacy fence within the line-of-sign/vision clearance of a corner 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-23-000055 Matthews |
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ZONING REQUEST |
1. Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback 2. Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback. 3. Variation to increase the height of a fence within the required 25' line of sight/ vision clearance on a corner from 3’ to approximately 6’. |
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OWNER |
KEITH AND RITA MATTHEWS, 1S551 VERDUN DRIVE, WINFIELD, IL 60190-1746 |
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ADDRESS/LOCATION |
1S551 VERDUN DRIVE, WINFIELD, IL 60190-1746 |
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PIN |
04-23-401-018 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
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AREA |
1.05 ACRES (45,738 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: AUGUST 15, 2023 |
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PUBLIC HEARING |
WEDNESDAY, AUGUST 30. 2023 |
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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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City of Warrenville: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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City of Wheaton: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Objects. (See attached documentation) |
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Fire Dist. 33: |
No Comments Received. |
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Sch. Dist.: |
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 the District property, we do not have any specific comments. Thank you.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
VERDUN DRIVE AND BEYOND R-2 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
PURNELL ROAD AND BEYOND R-2 SF RES |
PLACE OF ASSEMBLY |
0-5 DU AC |
|
West |
R-2 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 August 30, 2023, recommends to bifurcate the following zoning relief:
1. Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback
2. Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback.
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-23-000055 Matthews dated August 30, 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
The Zoning Hearing Officer recommended as follows:
3. Variation to increase the height of a fence within the required 25' line of sight/ vision clearance on a corner from 3’ to approximately 6’.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on September 19, 2023, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to bifurcate the following zoning relief:
1. Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback
2. Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback.
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-23-000055 Matthews dated August 30, 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): 4 Ayes, 0 Nays, 2 Absent
The DuPage County Development Committee recommended as follows:
3. Variation to increase the height of a fence within the required 25' line of sight/ vision clearance on a corner from 3’ to approximately 6’.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 4 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback
2. Variation to allow a 6'/100% closed (privacy) fence within the 30' front yard setback, on the property hereinafter described:
LOT 35 IN WOODS OF CANTIGNY UNIT FOUR, BEING A SUBDIVISION OF PART OF LOT 1 IN WOODS OF CANTIGNY ASSESSMENT PLAT IN SECTION 20, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID WOODS OF CANTIGNY - UNIT FOUR RECORDED FEBRUARY 4, 1987 AS DOCUMENT R87-16685 AND CERTIFICATE OF CORRECTION RECORDED NOVEMBER 25, 1987 AS DOCUMENT NUMBER R87-167633, 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-23-000055 Matthews dated August 30, 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; KEITH AND RITA MATTHEWS, 1S551 VERDUN DRIVE, WINFIELD, IL 60190-1746; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 26th day of September, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK