title
Zoning Petition ZONING-24-000016 Correa
resolution
WHEREAS, a public hearing was held on April 3, 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 a 6'/100% closed fence within the 10' corner side yard setback on the property hereinafter described:
LOT 10 IN BLOCK 28 IN BUTTERFIELD UNIT 8, BEING A SUBDIVISION IN SECTION 25, TOWNSHIP 39 NORTH, RANGE 10 AND SECTION 30, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 8, 1964 AS DOCUMENT R64-46014, AND CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 10, 1965 AS DOCUMENT R65-35167, AND CERTIFICATE OF CORRECTION RECORDED NOVEMBER 5, 1965 AS DOCUMENT R65-43977, 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 April 3, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow a Conditional Use to allow a 6'/100% closed fence within the 10' corner side yard setback.
B. That petitioner testified that the subject property previously had a dilapidated metal/iron fence within the corner side yard, and that petitioner removed the metal/iron fence and replaced it with a cedar/wood treated fence that is 6’/100% closed.
C. That petitioner testified that he requires a 6’/100% closed fence within the corner side yard setback due to increased vehicle traffic on Marlborough Road, which is used as a cut-through street in the neighborhood.
D. That petitioner testified that due to the vehicle traffic on Marlborough Road, there is an increase in noise and safety concerns, and that the 6’/100% closed fence is required as petitioner has two dogs and grandchildren that play in the backyard.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence to support the requested zoning relief for the existing 6’/100% closed fence and that petitioner requires a 6’/100% closed fence due to the location of the subject property on Marlborough Road.
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 6’/100% closed fence 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 he will receive a building permit for the existing 6’/100% closed fence and that it does 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 existing 6’/100% closed fence does not diminish the value of land.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing 6’/100% closed fence 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 6’/100% closed fence.
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 6’/100% closed fence.
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 6’/100% closed fence 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 |
|
CASE #/PETITIONER |
ZONING-24-000016 Correa |
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ZONING REQUEST |
Conditional Use to allow a 6'/100% closed fence within the 10' corner side yard setback. |
|
OWNER |
RAFAEL CORREA, JR. 20W681 MARLBUROUGH ROAD, LOMBARD, IL 60148 |
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ADDRESS/LOCATION |
20W681 MARLBUROUGH ROAD, LOMBARD, IL 60148 |
|
PIN |
06-30-109-002 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 4 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.33 ACRES (14,375 SQ. FT.) |
|
UTILITIES |
WATER SEWER |
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PUBLICATION DATE |
Daily Herald: MARCH 19, 2024 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 3, 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: |
Our office has no jurisdiction in this matter. |
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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: |
|
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Village of Glen Ellyn: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Village of Lombard: |
“The fence proposed at 20W681 Marlborough would be permitted by right under the Lombard Village Code. As such, we have no comment on this petition.” |
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York Township: |
No Comments Received. |
|
Township Highway: |
No Objections. |
|
Glenbard Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 44: |
No Comments Received. |
|
Sch. Dist. 87: |
No Comments Received. |
|
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 |
|
Corner Side Yard: |
4’6” / 50% OPEN |
6’ / 100% CLOSED |
6’ / 100% CLOSED |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
MARLBOROUGH ROAD AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
HAMPTON LANE 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 April 3, 2024, recommends to approve the following zoning relief:
Conditional Use to allow a 6'/100% closed fence within the 10' corner side yard setback.
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-24-000016 Correa dated April 3, 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 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 a 6'/100% closed fence within the 10' corner side yard setback.
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-24-000016 Correa dated April 3, 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 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 a 6'/100% closed fence within the 10' corner side yard setback on the property hereinafter described:
LOT 10 IN BLOCK 28 IN BUTTERFIELD UNIT 8, BEING A SUBDIVISION IN SECTION 25, TOWNSHIP 39 NORTH, RANGE 10 AND SECTION 30, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 8, 1964 AS DOCUMENT R64-46014, AND CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 10, 1965 AS DOCUMENT R65-35167, AND CERTIFICATE OF CORRECTION RECORDED NOVEMBER 5, 1965 AS DOCUMENT R65-43977, 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-24-000016 Correa dated April 3, 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 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; RAFAEL CORREA, JR. 20W681 MARLBUROUGH ROAD, LOMBARD, IL 60148; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
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