title
O R D I N A N C E
Zoning Petition ZONING-24-000011 Cabral
resolution
WHEREAS, a public hearing was held on March 27, 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:
1. Conditional Use to reduce the required side yard setback for existing carport from required 20 feet to approximately 3.5 feet, where it has existed for at least five (5) years.
2. Conditional Use to allow the existing detached accessory buildings/structures (two sheds) to remain in front of the front wall of the house, where they have existed for at least five (5) years.
3. Conditional Use to increase the total area of detached accessory buildings from 2,600 sq. ft. to approximately 5,280 sq. ft. for all existing detached buildings have existed for at least five (5) years (approx. 1,770 sq. ft. stable, 477 sq. ft shed, 697 sq. ft. detached garage, 1,477 sq. ft. detached accessory building, 460 sq. ft. shed, and 399 sq. ft. shed).
4. Variation to allow the total area of detached accessory buildings to exceed the total area of the principal building, on the property hereinafter described:
LOTS 1, 2, AND 3 IN JESCHKE’S RIVER GLEN RESUBDIVISION OF LOT 7 IN BLOCK 2 IN H.M. CORNELL AND COMPANY’S DUPAGE FOREST ESTATES, BEING A SUBDIVISION OF THAT PART OF BROPHY PARK SUBDIVISION NOW VACATED LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTIONS 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMENT 438699, IN DUPAGE COUNTY, ILLINOIS ALSO LOT 8 IN BLOCK 2 IN H.M. CORNELL AND COMPANY’S DUPAGE FOREST ESTATES, BEING A SUDBVISION OF THAT PART OF BROPHY PARK SUBDIVISION NOW VACATED LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTION 14 AND 15, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMET 438699, IN DUPAGE COUNTY, ILLINOIS, EXCEPTING THEREFROM: THAT PART OF LOT 8 IN H.M. CORNELL AND CO’S DUPAGE FOREST ESTATES, BDING A SUBDIVISION OF THAT PART OF BROPHY PARK SUBDIVISON NOW VACATED, LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTIONS 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMENT 438699 BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 89 DEGREES 54 MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 8 A DISTANCE OF 160.56 FEET TO A POINT ON THE EAST BANK FO THE WEST BRANCH OF THE DUPAGE RIVER; THENCE SOUTH 27 DEGRESS 01 MINUTES 29 SECONDS WEST ALONG SAID EAST BANK A DISTANCE OF 256.26 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 8; THENCE NORTH 56 DEGREES 1 MINUTES 32 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 159.33 FEET TO THE SOUTHWEST CORNER THEREOF THENCE NORTH 32 DEGREES 14 MINUTES 56 SECONDS EAST OF ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF 165.38 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 25, 2016 AS DOCUMENT NO. R2016-007720, 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 27, 2024, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for the detached accessory buildings on the subject property.
B. That petitioner testified that they purchased the subject property approximately one (1) year ago and that all detached accessory buildings existed at the time of purchase.
C. That petitioner testified that they plan to keep all existing buildings on the subject property.
D. That petitioner testified that they have horses and chickens on the subject property, and that several of the detached accessory buildings are used for the horses and storage of horse equipment and feed.
E. That at the public hearing, a neighbor testified that they do not have any objections and that most of the detached accessory building have existed for at least thirty (30) years.
F. That petitioner testified that the chicken coop/shed located in the middle of yard, near the home, is in poor condition and may only last another three years.
• That the Zoning Hearing Officer finds that based on petitioner’s testimony, the subject chicken coop/shed is in poor condition and therefore placed a three (3) year condition on the chicken coop/shed and a ten (10) year condition on all other detached accessory buildings included in the subject zoning relief.
G. That the Zoning Hearing Officer finds that petitioner has demonstrated that the subject zoning relief does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Hearing Officer 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 detached accessory buildings do not impact or impair the supply of light and air to 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 from the County for the existing detached accessory buildings.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the detached accessory buildings do not diminish the value of land.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing detached accessory buildings do not 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 County’s Stormwater Department has no objections to the existing detached accessory buildings.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to the existing detached accessory buildings.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the detached accessory buildings do not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000011 Cabral |
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ZONING REQUEST |
1. Conditional Use to reduce the required side yard setback for existing carport from required 20 feet to approximately 3.5 feet, where it has existed for at least five (5) years. 2. Conditional Use to allow the existing detached accessory buildings/structures (two sheds) to remain in front of the front wall of the house, where they have existed for at least five (5) years. 3. Conditional Use to increase the total area of detached accessory buildings from 2,600 sq. ft. to approximately 5,280 sq. ft. for all existing detached buildings have existed for at least five (5) years (approx. 1,770 sq. ft. stable, 477 sq. ft shed, 697 sq. ft. detached garage, 1,477 sq. ft. detached accessory building, 460 sq. ft. shed, and 399 sq. ft. shed). 4. Variation to allow the total area of detached accessory buildings to exceed the total area of the principal building. |
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OWNER |
FELIPE AND MARTHA CABRAL, 0S434 RIVER GLEN ROAD, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
0S434 RIVER GLEN ROAD, WEST CHICAGO, IL 60185 |
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PIN |
04-15-201-011 / 04-15-401-024 / 04-15-201-010 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
3.73 ACRES (162,479 SQ. FT.) |
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UTILITIES |
WELL / SEPTIC |
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PUBLICATION DATE |
Daily Herald: MARCH 12, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MARCH 27, 2024 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdictions in this matter. |
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Health: |
No Objections. |
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Stormwater: |
No Objections with the petition. “Floodplain is located on western portion of the property. Stable and shed are in close proximity to floodplain; however, the structures and land uses appear to have existing as of February 15,1992 and therefore the Countywide Stormwater and Floodplain Ordinance does not apply to them until they are subsequently re-developed.” |
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Public Works: |
Our office has no jurisdictions in this matter. |
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EXTERNAL: |
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City of West Chicago: |
No Comments Received. |
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City of Warrenville: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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West Chicago Fire Dist.: |
No Comments Received. |
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Sch. Dist. 33: |
No Comments Received. |
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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 to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
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North |
CITY OF WEST CHICAGO |
FOREST PRESERVE |
CITY OF WEST CHICAGO |
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South |
RIVER GLEN ROAD AND BEYOND R-1 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-1 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 27, 2024, recommends to approve the following zoning relief:
1. Conditional Use to reduce the required side yard setback for existing carport from required 20 feet to approximately 3.5 feet, where it has existed for at least five (5) years.
2. Conditional Use to allow the existing detached accessory buildings/structures (two sheds) to remain in front of the front wall of the house, where they have existed for at least five (5) years.
3. Conditional Use to increase the total area of detached accessory buildings from 2,600 sq. ft. to approximately 5,280 sq. ft. for all existing detached buildings have existed for at least five (5) years (approx. 1,770 sq. ft. stable, 477 sq. ft shed, 697 sq. ft. detached garage, 1,477 sq. ft. detached accessory building, 460 sq. ft. shed, and 399 sq. ft. shed).
4. Variation to allow the total area of detached accessory buildings to exceed the total area of the principal building.
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-24-000011 Cabral dated March 27, 2024.
2. That the Conditional Use zoning relief for the chicken coop shed (located in middle of yard - next to house) shall expire after three (3) years and that the Conditional Use zoning relief for all other detached accessory buildings and structures (except the chicken coop shed) shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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 May 7, 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:
1. Conditional Use to reduce the required side yard setback for existing carport from required 20 feet to approximately 3.5 feet, where it has existed for at least five (5) years.
2. Conditional Use to allow the existing detached accessory buildings/structures (two sheds) to remain in front of the front wall of the house, where they have existed for at least five (5) years.
3. Conditional Use to increase the total area of detached accessory buildings from 2,600 sq. ft. to approximately 5,280 sq. ft. for all existing detached buildings have existed for at least five (5) years (approx. 1,770 sq. ft. stable, 477 sq. ft shed, 697 sq. ft. detached garage, 1,477 sq. ft. detached accessory building, 460 sq. ft. shed, and 399 sq. ft. shed).
4. Variation to allow the total area of detached accessory buildings to exceed the total area of the principal building.
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-24-000011 Cabral dated March 27, 2024.
2. That the Conditional Use zoning relief for the chicken coop shed (located in middle of yard - next to house) shall expire after three (3) years and that the Conditional Use zoning relief for all other detached accessory buildings and structures (except the chicken coop shed) shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Conditional Use to reduce the required side yard setback for existing carport from required 20 feet to approximately 3.5 feet, where it has existed for at least five (5) years.
2. Conditional Use to allow the existing detached accessory buildings/structures (two sheds) to remain in front of the front wall of the house, where they have existed for at least five (5) years.
3. Conditional Use to increase the total area of detached accessory buildings from 2,600 sq. ft. to approximately 5,280 sq. ft. for all existing detached buildings have existed for at least five (5) years (approx. 1,770 sq. ft. stable, 477 sq. ft shed, 697 sq. ft. detached garage, 1,477 sq. ft. detached accessory building, 460 sq. ft. shed, and 399 sq. ft. shed).
4. Variation to allow the total area of detached accessory buildings to exceed the total area of the principal building, on the property hereinafter described:
LOTS 1, 2, AND 3 IN JESCHKE’S RIVER GLEN RESUBDIVISION OF LOT 7 IN BLOCK 2 IN H.M. CORNELL AND COMPANY’S DUPAGE FOREST ESTATES, BEING A SUBDIVISION OF THAT PART OF BROPHY PARK SUBDIVISION NOW VACATED LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTIONS 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMENT 438699, IN DUPAGE COUNTY, ILLINOIS ALSO LOT 8 IN BLOCK 2 IN H.M. CORNELL AND COMPANY’S DUPAGE FOREST ESTATES, BEING A SUDBVISION OF THAT PART OF BROPHY PARK SUBDIVISION NOW VACATED LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTION 14 AND 15, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMET 438699, IN DUPAGE COUNTY, ILLINOIS, EXCEPTING THEREFROM: THAT PART OF LOT 8 IN H.M. CORNELL AND CO’S DUPAGE FOREST ESTATES, BDING A SUBDIVISION OF THAT PART OF BROPHY PARK SUBDIVISON NOW VACATED, LYING NORTH OF THE NORTHERLY LINE OF ROOSEVELT ROAD IN SECTIONS 14 AND 15, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1942 AS DOCUMENT 438699 BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE SOUTH 89 DEGREES 54 MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 8 A DISTANCE OF 160.56 FEET TO A POINT ON THE EAST BANK FO THE WEST BRANCH OF THE DUPAGE RIVER; THENCE SOUTH 27 DEGRESS 01 MINUTES 29 SECONDS WEST ALONG SAID EAST BANK A DISTANCE OF 256.26 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 8; THENCE NORTH 56 DEGREES 1 MINUTES 32 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 159.33 FEET TO THE SOUTHWEST CORNER THEREOF THENCE NORTH 32 DEGREES 14 MINUTES 56 SECONDS EAST OF ALONG THE WEST LINE OF SAID LOT 8 A DISTANCE OF 165.38 FEET TO THE POINT OF BEGINNING, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 25, 2016 AS DOCUMENT NO. R2016-007720, 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-24-000011 Cabral dated March 27, 2024.
2. That the Conditional Use zoning relief for the chicken coop shed (located in middle of yard - next to house) shall expire after three (3) years and that the Conditional Use zoning relief for all other detached accessory buildings and structures (except the chicken coop shed) shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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; FELIPE AND MARTHA CABRAL, 0S434 RIVER GLEN ROAD, WEST CHICAGO, IL 60185; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL
end
Enacted and approved this 14th day of May, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK