title
O R D I N A N C E
Zoning Petition ZONING-23-000039 Kuczkowski
resolution
WHEREAS, a public hearing was held on July 12, 2023 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 reduce the corner side setback for a detached garage from permitted 30' to approximately 10.'
2. Variation to increase the height of a detached garage from permitted 15' to approximately 23.5', on the property hereinafter described:
LOT 1 IN BLOCK 12 IN DOWNER’S GROVE GARDENS, A SUBDIVISION OF PART OF LOT 3 AND ALL OF LOTS 4, 5, AND 6 OF ASSESSMENT PLAT OF LANDS OF JAMES K. SEBREE IN SECTIONS 7 AND 18, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SECTION 13, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID DOWNERS GROVE GARDENS RECORDED MAY 7, 1924 AS DOCUMENT NUMBER 177390, 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 July 12, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks the subject zoning relief to reduce the corner side setback for a detached garage from 30’ to approximately 11’ and to increase the height of a detached garage from permitted 15’ to approximately 23.5’.
B. That petitioner testified that he currently does not have a garage on the subject property and that the proposed detached garage would allow him to store his vehicles and household accessory equipment.
C. That petitioner testified that due to the existing septic tank and leach field on the subject property, the only location to place the proposed detached garage is approximately 11 feet from the corner side property line.
a. That petitioner testified that he originally applied for a request to place the detached garage approximately 10’ from the corner side property line but amended his site plan due to comments from the Health Department to reduce the width of the detached garage.
D. That petitioner testified that he requested a variation to increase the height of a detached garage from permitted 15’ to approximately 23.5’ due to the architectural integrity of the subject property.
a. In addition, that petitioner testified that a detached garage at 15’ would not architecturally flow with the existing house and dormers, and that the proposed detached garage would have the same architectural dormers as the existing house.
E. That Hearing Officer finds that petitioner demonstrated evidence for a particular hardship and practical difficulty to reduce the corner side setback of the proposed detached garage to 11’, as the only location to place the detached garage is approximately 11 feet from the corner side property line due to the existing septic tank and leach field.
F. That the Hearing Officer finds that petitioner did not demonstrate evidence for a particular hardship or practical difficulty to increase the height of the proposed detached garage to 23.5’, as the architectural integrity of the subject property is not a justification for a particular hardship or practical difficulty for a Variation.
STANDARDS FOR VARIATIONS (HEIGHT OF PROPSED DETACHED GARAGE):
*Per Zoning Code Section 37-1411.3
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 or provided evidence that a proposed 23.5’ tall, detached garage 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 or provided evidence that a proposed 23.5’ tall, detached garage will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that a proposed 23.5’ tall, detached garage 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 a proposed 23.5’ tall, detached garage setback 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 or provided evidence that a proposed 23.5’ tall, detached garage will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that a proposed 23.5’ tall, detached garage 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 a proposed 23.5’ tall, detached garage will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
STANDARDS FOR VARIATIONS (SETBACK OF PROPOSED DETACHED GARAGE):
*Per Zoning Code Section 37-1411.3
1. That the Zoning Hearing Officer finds that petitioner has 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 demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback 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 the location of the proposed detached garage within the corner side yard setback will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback will not diminish the value of land and buildings throughout the County and will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the location of the propose detached garage within the corner side yard setback will not unduly increase traffic congestion in the public streets and highways, as petitioners corner side property leads to an unimproved right of way.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the location of the proposed detached garage within the corner side yard setback 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 location of the proposed detached garage within the corner side yard setback will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000039 Kuczkowski |
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ZONING REQUEST |
1. Variation to reduce the corner side setback for a detached garage from permitted 30' to approximately 10.' 2. Variation to increase the height of a detached garage from permitted 15' to approximately 23.5'. |
|
OWNER |
JAMES KUCZKOWSKI, 5800 SHERMAN AVENUE, DOWNERS GROVE, IL 60516 |
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ADDRESS/LOCATION |
5800 SHERMAN AVENUE, DOWNERS GROVE, IL 60516 |
|
PIN |
09-18-115-010 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.6 ACRES (26,136 SQ. FT.) |
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UTILITIES |
Water/ Septic |
|
PUBLICATION DATE |
Daily Herald: June 27, 2023 |
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PUBLIC HEARING |
Wednesday, July 12, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
Village of Downers Grove: |
Objects. (See attached documentation) |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “Subject property is not located within the Village of Lisle’s Boundary agreement.” |
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Village of Woodridge: |
Our office has no jurisdiction in this matter. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
|
Darien-Woodridge Fire Dist.: |
No Comments Received. |
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Sch. Dist. 58: |
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.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
30 FT |
22 FT |
10 FT |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
JEFFERSON AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
SHERMAN AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
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 July 12, 2023, recommended as follows:
Variation to increase the height of a detached garage from permitted 15' to approximately 23.5'.
ZHO Recommendation to Deny
On July 12, 2023, the Hearing Officer recommended to approve the following request:
Variation to reduce the corner side setback for a detached garage from permitted 30' to approximately 11.'
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-23-000039 Kuczkowski dated July 12, 2023.
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 August 15, 2023, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to not concur with the findings and recommends to approve the following bifurcated zoning relief:
1. Variation to increase the height of a detached garage from permitted 15' to approximately 23.5'.
Development Committee VOTE (to Approve): 4 Ayes, 1 Nays, 1 Absent
2. Variation to reduce the corner side setback for a detached garage from permitted 30' to approximately 11.'
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-23-000039 Kuczkowski dated July 12, 2023.
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, 1 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Variation to reduce the corner side setback for a detached garage from permitted 30' to approximately 10.'
2. Variation to increase the height of a detached garage from permitted 15' to approximately 23.5', on the property hereinafter described:
LOT 1 IN BLOCK 12 IN DOWNER’S GROVE GARDENS, A SUBDIVISION OF PART OF LOT 3 AND ALL OF LOTS 4, 5, AND 6 OF ASSESSMENT PLAT OF LANDS OF JAMES K. SEBREE IN SECTIONS 7 AND 18, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN AND SECTION 13, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID DOWNERS GROVE GARDENS RECORDED MAY 7, 1924 AS DOCUMENT NUMBER 177390, 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-23-000039 Kuczkowski dated July 12, 2023.
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; JAMES KUCZKOWSKI, 5800 SHERMAN AVENUE, DOWNERS GROVE, IL 60516; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 22nd of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK