title
Zoning Petition ZONING-24-000015 Weiss
resolution
WHEREAS, a public hearing was held on March 13, 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:
Conditional Use to allow existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss), on the property hereinafter described:
LOT 14 IN BLOCK 2 IN BROOKERIDGE UNIT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTH ½ OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO PART OF THE NORTHWEST ¼ OF SECTION 5, TWONSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPALMERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 27, 1956 AS DOCUMENT 813488, 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 13, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow an existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss).
B. That petitioner testified that he has lived at the subject property for approximately thirty-four (34) years and that he previously received zoning relief for the subject shed to allow it to remain on the property for ten (10) years with Z15-006 Weiss.
C. That petitioner testified that the shed is made of wood.
D. That petitioner testified that the shed is used to store deck furniture and gardening equipment.
E. That Hearing Officer finds that petitioner has demonstrated that subject zoning relief to allow an existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss),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 existing shed 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 shed and that it was built pursuant to the current DuPage County building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing shed 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 shed is located behind the front wall of the home and does not impact traffic.
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 shed.
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 shed.
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 shed 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.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000015 Weiss |
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ZONING REQUEST |
Conditional Use to allow existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss). |
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OWNER |
MARSHA J.B. WEISS LIVING TRUST, 764 86TH PLACE DOWNERS GROVE, IL 60516 / AGENT: MARK WEISS, 764 86TH PLACE DOWNERS GROVE, IL 60516 |
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ADDRESS/LOCATION |
764 86TH PLACE DOWNERS GROVE, IL 60516 |
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PIN |
09-32-402-012 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.67 ACRES (29,185 SQ. FT.) |
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UTILITIES |
WELL / SEWER |
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PUBLICATION DATE |
Daily Herald: FEBRUARY 27, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MARCH 13, 2024 |
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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. |
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Public Works: |
No Objections. “We are the sanitary sewer provider for the area.” |
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EXTERNAL: |
|
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City of Darien: |
No Objections. |
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Village of Woodridge: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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City of Lemont: |
No Comments Received. |
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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. 66: |
No Comments Received. |
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Sch. Dist. 99: |
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 the sizable distance between the subject property and the District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
10’ |
APPROX. 2’ |
APPROX. 2’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
South |
86TH PLACE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 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 13, 2024, recommends to approve the following zoning relief:
Conditional Use to allow existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss).
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-24-000015 Weiss dated March 13, 2024.
2. That the Conditional Use zoning relief 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 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 16, 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:
Conditional Use to allow existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss).
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-24-000015 Weiss dated March 13, 2024.
2. That the Conditional Use zoning relief 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 the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to allow existing shed to remain less than 10' from the west property line (approximately 2') where it has existed for at least 5 years (extension of previously approved zoning relief Z15-006 Weiss), on the property hereinafter described:
LOT 14 IN BLOCK 2 IN BROOKERIDGE UNIT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTH ½ OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO PART OF THE NORTHWEST ¼ OF SECTION 5, TWONSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPALMERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 27, 1956 AS DOCUMENT 813488, 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-24-000015 Weiss dated March 13, 2024.
2. That the Conditional Use zoning relief 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 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; MARSHA J.B. WEISS LIVING TRUST, 764 86TH PLACE DOWNERS GROVE, IL 60516 / AGENT: MARK WEISS, 764 86TH PLACE DOWNERS GROVE, IL 60516; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 23rd day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK