title
Zoning Petition ZONING-26-000035 Garry
resolution
WHEREAS, a public hearing was held on August 26, 2026, 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 allow an existing swimming pool to remian less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years.
2. Variation to reduce the corner side setback for an existing deck from required 30 feet to approximately 16 feet.
3. Variation to reduce the rear setback for an existing deck from required 15 feet to approximately 2.85 feet, on the property hereinafter described:
LOT 46 IN BRANIGAR’S MEDINAH SPRING VALLEY UNIT NO. TWO, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1954 AS DOCUMENT 730223, 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 26, 2026, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Conditional Use to allow an existing swimming pool to reman less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years, Variation to reduce the corner side setback for an existing deck from required 30 feet to approximately 16 feet, and Variation to reduce the rear setback for an existing deck from required 15 feet to approximately 2.85 feet.
B. That petitioner testified that he has lived at the subject property since 2013.
C. That petitioner testified that the existing swimming pool was constructed in 2017/2018 and that it is virtually new and in good condition.
D. That petitioner testified that he started construction of the deck in the Fall of 2025 and was completed in the Spring of 2026.
E. That petitioner testified that he requires the deck to keep the swimming pool secure.
F. That the Zoning Hearing Officer finds that as the existing swimming pool was constructed over five (5) years ago, it qualifies as a Conditional Use. However, as the existing deck is new and was constructed earlier this year, the subject Variations are required.
G. That the Zoning Hearing Officer finds that petitioner provided sufficient evidence for the Standards for a Conditional Use for the existing swimming pool.
H. The Zoning Hearing Officer finds that petitioner did not demonstrate or provide sufficient evidence for the Standards for a Variation, and did not provide any practical difficulty or particular hardship with the land regarding the deck on the subject property.
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 existing swimming pool was installed nine (9) years ago and does not impact 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 the existing swimming pool was installed nine (9) years ago and has been maintained for nine (9) years with no hazards.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing swimming pool was constructed nine (9) years ago and does 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 existing swimming pool was constructed nine (9) years ago and does not increase or impact traffic congestion.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the existing swimming pool was installed nine (9) years ago and does 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 existing swimming pool was installed nine (9) years ago and does 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 existing swimming pool was installed nine (9) years ago and does not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided evidence 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 or provided evidence that 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 zoning relief the deck will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that the proposed zoning relief for the deck will not increase the hazard from fire or other damages to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that the proposed zoning relief for the deck 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 zoning relief for the deck will not unduly increase traffic congestion.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that the proposed zoning relief for the deck 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 or provided evidence that the proposed zoning relief for the deck 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 zoning relief for the deck will not otherwise impair the public health, safety, comfort, morals or general welfare.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000035 Garry
ZONING REQUEST:
1. Conditional Use to allow an existing swimming pool to reman less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years.
2. Variation to reduce the corner side setback for an existing deck from required 30 feet to approximately 16 feet.
3. Variation to reduce the rear setback for an existing deck from required 15 feet to approximately 2.85 feet.
OWNER: JAMES E. GARRY JR., 22W164 GLENDALE TERRACE, MEDINAH, IL 60157
ADDRESS/LOCATION: 22W164 GLENDALE TERRACE, MEDINAH, IL 60157
PIN: 02-11-407-010
TWSP./CTY. BD. DIST.: BLOOMINGDALE/DISTRICT 1
ZONING/LUP: R-3 SF RES/0-5 DU AC
AREA: 0.53 ACRES (23,087 SQ. FT.)
UTILITIES: WELL/SEPTIC
PUBLICATION DATE: DAILY HERALD: AUGUST 11, 2026
PUBLIC HEARING: WEDNESDAY, AUGUST 26, 2026
ADDITIONAL INFORMATION:
Building: I object or have concerns with the petition.
DUDOT: No Comments Received.
Health: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.
Stormwater: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
Village of Roselle: Our office has no jurisdiction in this matter. “Not within the Village of Roselle’s ultimate planning jurisdiction.”
Village of Bloomingdale: No Comments Received.
Village of Addison: No objection or concerns with the petition.
Village of Itasca: No objection or concerns with the petition.
Bloomingdale Township: No Comments Received.
Township Highway: No Comments Received.
Bloomingdale Fire Dist.: No objections or concerns with the petition.
Sch. Dist. 11: No Comments Received.
Sch. Dist. 108: No Comments Received.
Forest Preserve: “We do not have any comments.”
LAND USE
Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
• Zoning: GLENDALE TERRACE AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
East of Subject Property:
• Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
West of Subject Property:
• Zoning: ACACIA LANE AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on September 16, 2026, recommends to bifurcate the following zoning relief:
2. Variation to reduce the corner side setback for an existing deck from required 30 feet to approximately 16 feet.
3. Variation to reduce the rear setback for an existing deck from required 15 feet to approximately 2.85 feet.
ZHO Recommendation to Deny
1. Conditional Use to allow an existing swimming pool to reman less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years.
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-26-000035 Garry dated August 26, 2026.
2. That the Conditional Use zoning relief for the existing swimming pool shall expire after five (5) 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 following the date of the County Board meeting, the final disposition by the County Board shall be recorded by the DuPage County Recorder’s Office.
6. 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 October 6, 2026, 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:
2. Variation to reduce the corner side setback for an existing deck from required 30 feet to approximately 16 feet.
3. Variation to reduce the rear setback for an existing deck from required 15 feet to approximately 2.85 feet.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 6 Nays, 0 Absent
1. Conditional Use to allow an existing swimming pool to reman less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years.
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-26-000035 Garry dated August 26, 2026.
2. That the Conditional Use zoning relief for the existing swimming pool shall expire after five (5) 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 following the date of the County Board meeting, the final disposition by the County Board shall be recorded by the DuPage County Recorder’s Office.
6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion 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 allow an existing swimming pool to reman less than 10 feet (approximately 4.1 feet) from the rear property line, where it has existed for at least 5 years.
LOT 46 IN BRANIGAR’S MEDINAH SPRING VALLEY UNIT NO. TWO, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1954 AS DOCUMENT 730223, 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-26-000035 Garry dated August 26, 2026.
2. That the Conditional Use zoning relief for the existing swimming pool shall expire after five (5) 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 following the date of the County Board meeting, the final disposition by the County Board shall be recorded by the DuPage County Recorder’s Office.
6. 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; JAMES E. GARRY JR., 22W164 GLENDALE TERRACE, MEDINAH, IL 60157; and Township Assessor, Bloomingdale Township, 123 N. Rosedale, Bloomingdale, IL 60108.
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Enacted and approved this 13th day of October, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK