title
O R D I N A N C E
Zoning Petition ZONING-23-000097 Gaffney
resolution
WHEREAS, a public hearing was held on January 10, 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:
Variation to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community, on the property hereinafter described:
LOT 21 IN AERO ESTATES NO 3C, BEING A SUBDIVISION OF PART OF THE EAST 1690.5 FEET (AS MEASURED ALONG THE NORTH AND SOUTH LINES THEREOF) EXCEPT THE NORTH 100 FEET THEREOF, OF THE NORTHWEST ¼ OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 21, 1987, AS DOCUMENT R87015390 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 January 10, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community.
B. That petitioner testified that it is common for homes in the neighborhood to have aircraft hangars and that of the ninety-nine (99) homes in the Aero Estates Fly-in Community, seventy-nine (79) have aircraft hangars.
C. That petitioner testified that he is unable to meet the ten (10) foot interior side setback as the proposed aircraft hangar is required to be located at least ten (10) feet from the existing septic system. Furthermore, that the proposed aircraft hangar would need to be located closer to the south interior side property line due to the septic system setback.
a. In addition, that petitioner testified that he is also required to maintain a thirty (30) foot setback from the neighborhood’s existing taxiway, which is protected for wingspan clearance.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a particular hardship and practical difficulty for the request zoning relief to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community, as petitioner is unable to meet the required interior side setback due to the existing septic system and the required taxiway setback which is protected for wingspan clearance.
STANDARDS FOR VARIATIONS:
*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 proposed aircraft hangar 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 proposed aircraft hangar will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed aircraft hangar
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed aircraft hangar will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood, as most properties in the Aero Estates Fly-in Community have aircraft hangars.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed aircraft hangar will not unduly increase traffic congestion in the public streets and highways, and that it will be built behind the front wall of the house and will not impact traffic.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed aircraft hangar 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 proposed aircraft hangar 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 proposed aircraft hangar will be an added benefit to the neighborhood, and 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-23-000097 Gaffney |
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ZONING REQUEST |
Variation to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community. |
|
OWNER |
BRIAN AND KIMBERLY GAFFNEY, 9S181 STEARMAN DRIVE, NAPERVILLE, IL 60564 |
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ADDRESS/LOCATION |
9S181 STEARMAN DRIVE, NAPERVILLE, IL 60564 |
|
PIN |
07-34-104-029 |
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TWSP./CTY. BD. DIST. |
NAPERVILLE |
DISTRICT 5 |
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ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
|
AREA |
1.01 ACRES (43,996 SQ. FT.) |
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UTILITIES |
WELL/ SEPTIC |
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PUBLICATION DATE |
Daily Herald: December 26, 2023 |
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PUBLIC HEARING |
Wednesday, January 10, 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. “Location is ok, per revision provided by licensed septic contractor.” |
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Stormwater: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
City of Naperville: |
No Comments Received. |
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City of Aurora: |
“Aurora has no comment as this is outside of our jurisdiction and is on Naperville’s side of the boundary agreement.” |
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Naperville Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Naperville Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 204: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
10’ |
NA |
APPROX. 5’ |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-2 SF RES |
HOUSE |
0-5 DU AC |
|
West |
STEARMAN DRIVE AND BEYOND R-2 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 January 10, 2024, recommends to approve the following zoning relief:
Variation to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community.
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-23-000097 Gaffney dated January 10, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 February 20, 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:
Variation to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community.
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-23-000097 Gaffney dated January 10, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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:
Variation to reduce the interior side setback from required 10' to approximately 5' for an aircraft hangar in Aero Estates Fly-in Community, on the property hereinafter described:
LOT 21 IN AERO ESTATES NO 3C, BEING A SUBDIVISION OF PART OF THE EAST 1690.5 FEET (AS MEASURED ALONG THE NORTH AND SOUTH LINES THEREOF) EXCEPT THE NORTH 100 FEET THEREOF, OF THE NORTHWEST ¼ OF SECTION 34, TOWNSHIP 38 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 21, 1987, AS DOCUMENT R87015390 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-23-000097 Gaffney dated January 10, 2024.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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; BRIAN AND KIMBERLY GAFFNEY, 9S181 STEARMAN DRIVE, NAPERVILLE, IL 60564; and Township Assessor, Naperville Township, 139 Water Street, Naperville, IL 60540.
end
Enacted and approved this 27th day of February, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK