Zoning Petition ZONING-25-000001 Chaudhry
WHEREAS, a public hearing was held on February 19, 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:
1. Variation to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft).
2. Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable), on the property hereinafter described:
LOT 36 IN ARTHUR T. MCINTOSH AND COMPANY’S GLENRISE ESTATES, UNIT NO. 1, BEING A SUBDIVISION OF PART OF SECTIONS 1 AND 2, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 1946, AS DOCUMENT 494346, 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 5, 2025, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft) and to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable).
B. That petitioner testified that he purchased the subject property in 2023 and also owns the adjacent properties to the east, west, and south.
C. That petitioner testified that he has lived next door to the subject property since 2016 and rents out the subject property to a family friend.
D. That petitioner testified that his horse is boarded in a facility thirty (30) minutes away and that they would like their horse to be moved onto their own property so that they can bond with it every day and care for it in their backyard.
E. That petitioner testified that he would board the horse in the existing shed on the subject property, approximately 10.44 feet from the rear property line, and would install a sixty (60) foot by sixty (60) foot horse pen/grazing area.
F. That the Zoning Hearing Officer finds that petitioner has not demonstrated sufficient evidence for a practical difficulty or particular hardship in relation to the subject zoning relief for a Variation to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft) and for a Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable).
STANDARDS FOR VARIATIONS:
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 that the proposed horse and horse stable 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 that the proposed horse and horse stable will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the proposed horse and horse stable 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 that the proposed horse and horse stable 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 that the proposed horse and horse stable 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 not demonstrated that the proposed horse and horse stable 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 that the proposed horse and horse stable 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
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000001 Chaudhry |
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ZONING REQUEST |
1. Variation to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft). 2. Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable). |
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OWNER |
RAMEEZ CHAUDHRY, 22W043 VALLEY VIEW DRIVE, GLEN ELLYN, IL 60137 |
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ADDRESS/LOCATION |
22W043 VALLEY VIEW DRIVE, GLEN ELLYN, IL 60137 |
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PIN |
05-02-206-002 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.46 ACRES (19,999 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: FEBRUARY 4, 2025 |
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PUBLIC HEARING |
WEDNESDAY, FEBRUARY 19, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
Objects. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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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: |
“DPC sanitary sewer main is in the south property line but should not be affected by this project.” |
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EXTERNAL: |
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Village of Glendale Heights: |
No Comments Received. |
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Village of Glen Ellyn: |
“The property is located within the unincorporated territory of the Village of Glen Ellyn. The keeping of horses is prohibited within the village.” |
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Village of Lombard: |
“As the subject property is outside the Village of Lombard’s planning boundary, we have no comment on the subject petition.” |
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Village of Addison: |
Our office has no jurisdiction in this matter. |
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Milton Township: |
No Comments Received. |
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Township Highway: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Glen Ellyn Fire Dist.: |
No Comments Received. |
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Sch. Dist. 41: |
No Comments Received. |
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Sch. Dist. 87: |
No Comments Received. |
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Forest Preserve: |
“We do not have any comments.” |
GENERAL BULK REQUIREMENTS (STABLE):
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Front Yard: |
150 FT |
APPROX. 177.36 FT |
APPROX. 177.36 FT |
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Int. Side Yard: |
30 FT |
APPROX. 31.64 FT |
APPROX. 31.64 FT |
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Int. Side Yard: |
30 FT |
APPROX. 58.06 FT |
APPROX. 58.06 FT |
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Rear Yard: |
30 FT |
APPROX. 10.44 FT |
APPROX. 10.44 FT |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
VALLEY VIEW DRIVE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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West |
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 March 5, 2025, recommends to deny the following zoning relief:
1. Variation to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft).
2. Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable).
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on April 1, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative to the following zoning relief:
1. Variation to allow one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft).
2. Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable).
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 one (1) horse on a property less than 40,000 sq. ft. (approximately 19,999 sq. ft).
2. Variation to reduce the required rear yard setback for a horse stable from required 30 feet to approximately 10.44 feet (existing shed will serve as a stable), on the property hereinafter described:
LOT 36 IN ARTHUR T. MCINTOSH AND COMPANY’S GLENRISE ESTATES, UNIT NO. 1, BEING A SUBDIVISION OF PART OF SECTIONS 1 AND 2, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 1946, AS DOCUMENT 494346, IN DUPAGE COUNTY, ILLINOIS; and
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; RAMEEZ CHAUDHRY, 22W043 VALLEY VIEW DRIVE, GLEN ELLYN, IL 60137; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
Enacted and approved this 8th day of April, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK