Zoning Petition ZONING-26-000004 McClintock
WHEREAS, a public hearing was held on March 4, 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 chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years.
2. Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), where it has existed for at least 5 years, on the property hereinafter described:
LOT 100 IN HINSDALE TIMBER LAKE ESTATES UNIT 2, IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; ALSO IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF FÉDERAL AID ROUTE 98 RECORDED AS DOCUMENT 527480; ALSO IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 1000.0 FEET; ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 24, 1954 AS DOCUMENT 738316, AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JANUARY 28, 1955 AS DOCUMENT 744581, 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 18, 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 chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years and a Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), where it has existed for at least 5 years.
B. That petitioner testified that the subject chicken coop and chicken run have existed on the property since 2020.
C. That petitioner testified that the existing chicken coop is located next to an existing shed and that the existing chicken run is located around the chicken coop.
D. That petitioner testified that the existing chicken coop is low-profile and that the fencing is open/at least 50% open.
E. That petitioner testified that they have five (5) chickens/hens and no roosters.
F. That petitioner testified that they do not have any visitors for the chicken coop, that the keeping of chickens and chicken eggs are only for the occupants of the household.
G. That petitioner testified that they do not sell the eggs from their chickens.
H. That the Zoning Hearing Officer finds that petitioner has presented sufficient evidence to satisfy the Standards for a Conditional Use to allow an existing chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years and a Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), where it has existed for at least 5 years.
I. That the Zoning Hearing Officer further finds that the existing chicken coop and run does not adversely impact adjacent properties or roadways, does not negatively affect drainage patterns in the area, and does not impede adequate light or ventilation to the subject property or neighboring properties.
J. In addition, the Zoning Hearing Officer finds that the principal issue is whether the infringement of setback and height requirements creates a nuisance, and notes that two neighboring property owners provided evidence in support of the request, indicating that no such nuisance exists.
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 chicken and coop is low-profiles with open fencing and does 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 chicken and coop.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing chicken and coop does not diminish the value of land throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing chicken and coop is located behind the front wall of the home and does not impact traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that that the existing chicken and coop has not increased the potential for flood damages to the adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the existing chicken and coop 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 chicken and coop 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.
.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000004 McClintock
ZONING REQUEST:
1. Conditional Use to allow an existing chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years.
2. Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), where it has existed for at least 5 years.
OWNER: KERRI MCCLINTOCK, 17W214 HILLSIDE LANE, HINSDALE, IL 60521
ADDRESS/LOCATION: 17W214 HILLSIDE LANE, HINSDALE, IL 60521
PIN: 10-03-201-024
TWSP./CTY. BD. DIST.: DOWNERS GROVE / DISTRICT 3
ZONING/LUP: R-3 SINGLE FAMILY RESIDENTIAL / 0-5 DU AC
AREA: 0.94 ACRES (40,946 SQ. FT.)
UTILITIES: WATER / SEWER
PUBLICATION DATE: DAILY HERALD: FEBRUARY 16, 2026
PUBLIC HEARING: MARCH 4, 2026
ADDITIONAL INFORMATION:
Building: No objections or concerns with the petition.
DUDOT: Our office has no jurisdiction in this matter.
Health: No Comments Received.
Stormwater: No objections or concerns with the petition.
Public Works: “DPC Public Works owns sewer and water mains on Hillside Lane. They should not be affected by the proposed zoning request.”
EXTERNAL:
City of Darien: No Comments Received.
Village of Willowbrook: No Comments Received.
Village of Burr Ridge: No Comments Received.
Downers Grove Township: No Comments Received.
Township Highway: No Comments Received.
Tri-State Fire Dist.: No objections or concerns with the petition.
Sch. Dist. 63: No Comments Received.
Sch. Dist. 86: No objections or concerns with the petition.
Forest Preserve: “We do not have any comments.”
GENERAL BULK REQUIREMENTS
o Interior Side Yard
o Required: 25 FEET
o Existing: APPROX. 8 FEET
o Proposed: APPROX. 8 FEET
LAND USE
Subject Property:
o Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
o Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
o Zoning: HILLSIDE LANE AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
East of Subject Property:
o Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
West of Subject Property:
o Zoning: 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 March 18, 2026, recommends to approve the following zoning relief:
1. Conditional Use to allow an existing chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years.
2. Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), 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-26-000004 McClintock dated March 4, 2026.
2. That the Conditional Use zoning relief 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 there shall be no retail sales of chicken eggs or chicken byproducts on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
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 April 7, 2026, 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 allow an existing chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years.
2. Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), 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-26-000004 McClintock dated March 4, 2026.
2. That the Conditional Use zoning relief 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 there shall be no retail sales of chicken eggs or chicken byproducts on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
6. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 5 Ayes, 0 Nays, 1 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 chicken coop and chicken run to remain less than 25 feet from the interior side property (approximately 8 feet), where it has existed for at least 5 years.
2. Conditional Use to allow an existing chicken run (fencing) to be over 6'6" tall (approximately 8 feet in some locations), where it has existed for at least 5 years, on the property hereinafter described:
LOT 100 IN HINSDALE TIMBER LAKE ESTATES UNIT 2, IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; ALSO IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF FÉDERAL AID ROUTE 98 RECORDED AS DOCUMENT 527480; ALSO IN THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 1000.0 FEET; ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 24, 1954 AS DOCUMENT 738316, AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED JANUARY 28, 1955 AS DOCUMENT 744581, 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-26-000004 McClintock dated March 4, 2026.
2. That the Conditional Use zoning relief 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 there shall be no retail sales of chicken eggs or chicken byproducts on the subject property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
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; KERRI MCCLINTOCK, 17W214 HILLSIDE LANE, HINSDALE, IL 60521; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
Enacted and approved this 14th of April, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK