title
Zoning Petition ZONING-24-000027 Bates
resolution
WHEREAS, a public hearing was held on June 5, 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 increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with detached garage, on the property hereinafter described:
LOT 25 AND 26 IN THE FIRST ADDITION TO NORTHWEST ADDITION TO WHEATON, BEING A SUBDIVISION IN SECTIONS 7 AND 18, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1925, AS DOCUMENT 195881 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 5, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with detached garage.
B. That petitioner testified that the subject property was platted in the 1920s and that it is a historic lot of record.
C. That petitioner testified that the proposed single-family home would be a raised-ranch and that the proposed basement is more than 50% above ground and therefore counted towards the total square footage that is permitted on the subject property.
D. That petitioner testified that it is not feasible to lower the basement further into the ground due to the grade change on the subject property.
E. That the Zoning Hearing Officer finds that petitioner had demonstrated sufficient evidence for a practical difficulty and particular hardship, as petitioner indicated that due to the grade change on the subject property, the proposed basement must be more than 50% above ground and therefore counted towards the total square footage that is permitted on the subject project.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed single-family home will meet all required setbacks and height requirements and 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 they will receive a building permit for the proposed single-family home, and that it will be built pursuant to the current building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed single-family home will be an added benefit to the neighborhood and 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 demonstrated that the proposed single-family home 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 single-family home 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 single-family home 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 single-family home will not impair the public health, safety, comfort, morals or general welfare and will be an added benefit to the neighborhood.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-24-000027 Bates |
|
ZONING REQUEST |
Variation to increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with detached garage. |
|
OWNER |
DANIEL BATES, 0S050 PAGE STREET, WINFIELD, IL 60187 / DANIEL BATES, 148 S PROSPECT STREET, WHEATON, IL 60187 |
|
ADDRESS/LOCATION |
0S050 PAGE STREET, WINFIELD, IL 60187 |
|
PIN |
05-18-200-039 / 05-18-200-040 |
|
TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
6,100 SQ. FT. |
|
UTILITIES |
WATER AND SEWER |
|
PUBLICATION DATE |
Daily Herald: MAY 21, 2024 |
|
PUBLIC HEARING |
WEDNESDAY, JUNE 5, 2024 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
Our office has no jurisdiction in this matter. |
|
Health: |
Our office has no jurisdiction in this matter. |
|
Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
|
EXTERNAL: |
|
|
City of Wheaton: |
No Comments Received. |
|
Village of Winfield: |
No Comments Received. |
|
Village of Carol Stream: |
Our office has no jurisdiction in this matter. |
|
Milton Township: |
No Comments Received. |
|
Township Highway: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Winfield Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 200: |
No Comments Received. |
|
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:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Floor Area Ratio: |
2,135 SQ. FT. |
N/A |
APPROX. 2,415 SQ. FT. |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
PAGE STREET AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
PUBLIC ROW AND BEYOND R-4 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 June 5, 2024, recommends to approve the following zoning relief:
Variation to increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with 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-24-000027 Bates dated June 5, 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 18, 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 increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with 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-24-000027 Bates dated June 5, 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 increase the total Floor Area Ratio on the subject property from permitted 35% (approximately 2,135 sq. ft.) to approximately 39.59% (approximately 2,415 sq. ft.), for a new house with detached garage, on the property hereinafter described:
LOT 25 AND 26 IN THE FIRST ADDITION TO NORTHWEST ADDITION TO WHEATON, BEING A SUBDIVISION IN SECTIONS 7 AND 18, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1925, AS DOCUMENT 195881 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-24-000027 Bates dated June 5, 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; DANIEL BATES, 0S050 PAGE STREET, WINFIELD, IL 60187 / DANIEL BATES, 148 S PROSPECT STREET, WHEATON, IL 60187; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 25th day of June, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK