title
Zoning Petition ZONING-24-000069 Kosela
resolution
WHEREAS, a public hearing was held on October 16, 2024 and November 20, 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:
1. Variation to reduce the required lot size (area) for two (2) new lots serviced with well and septic, from required 40,000 sq. ft. to approximately 10,314 sq. ft. for Lot 1 and 21,940 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for one new interior lot serviced with well and septic, from required 125 feet wide to approximately 91.33 feet wide for Lot 1, on the property hereinafter described:
LOT 18 IN BLOCK 14 IN ARTHUR T. MC INTOSH AND COMPANY'S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2TO 12, INCLUSIVE (EXCEPT PARTS OF 10 AND 11), OF ASSESSMENT PLAT OF SECTIONS 10, 11, 14 AND 15, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MC INTOSH AND COMPANY'S LISLE FARMS RECORDED DECEMBER 31, 1924 AS DOCUMENT NO. 186704, IN DU PAGE 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 December 4, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for Variations to subdivide the subject property into two (2) new lots serviced with well and septic, requiring Variations for lot width and area.
B. That petitioner testified that Lot 2 would be serviced with a mechanical septic system that would require approximately 600 sq. ft. of land.
C. That petitioner testified that he would build a ranch home on proposed Lot 2, approximately 1,500 sq. ft. in size.
D. That petitioner testified that the particular hardship for the subject Variations is that he is deprived of the value for the land by only having one (1) house on the subject property and that due to the size of the subject property, it would bring more value to have two (2) houses on the subject property.
E. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided sufficient evidence to support the proposed Variations, specifically, that petitioner has not demonstrated or provided sufficient evidence in relation to a practical difficulty or particular hardship in order to support the Variations.
• Furthermore, that the Zoning Hearing Officer finds that petitioner testified to a financial hardship of being deprived of the value for the subject land, and that the Zoning Hearing Officer finds that a financial/self-made hardship does not qualify as a particular hardship for a Variation.
STANDARDS FOR VARIATIONS:
*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 that the proposed two (2) lot subdivision 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 that the proposed two (2) lot subdivision will not increase in the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the proposed two (2) lot subdivision 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 that the proposed two (2) lot subdivision 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 that the proposed two (2) lot subdivision 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 that the proposed two (2) lot subdivision 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 that the proposed two (2) lot subdivision 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-24-000069 Kosela |
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ZONING REQUEST |
1. Variation to reduce the required lot size (area) for two (2) new lots serviced with well and septic, from required 40,000 sq. ft. to approximately 10,314 sq. ft. for Lot 1 and 21,940 sq. ft. for Lot 2. 2. Variation to reduce the required lot width for one new interior lot serviced with well and septic, from required 125 feet wide to approximately 91.33 feet wide for Lot 1. |
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OWNER |
BARBARA KOSELA, 5517 ESSEX ROAD, LISLE, IL 60532 |
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ADDRESS/LOCATION |
5517 ESSEX ROAD, LISLE, IL 60532 |
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PIN |
08-14-101-006 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.73 ACRES (31,799 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: OCTOBER 1, 2024 |
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PUBLIC HEARING |
WEDNESDAY, OCTOBER 16, 2024, CONTINUED TO NOVEMBER 20, 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 with the concept of the petition. Additional information may be required at time of permit application |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. (See attached documentation) |
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Public Works: |
“The property is on Septic & Well, there are no sewer or water mains in the area.” |
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EXTERNAL: |
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Village of Lisle: |
Objects. “On October 7, 2024, the Lisle Village Board of Trustees approved a motion objecting to the proposed variance for private well.” “The Village of Lisle has a water main along the subject property’s Kohley Road frontage. It is the Village’s position that connection to public water should be required.” |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Village of Woodridge: |
No Comments Received. |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Lisle-Woodridge Fire Dist.: |
“No jurisdiction in this matter.” |
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Sch. Dist. 202: |
No Comments Received. |
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Forest Preserve: |
“We do not have any specific comments.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
KOHLEY ROAD AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
ESSEX ROAD AND BEYOND 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 December 4, 2024, recommends to deny the following zoning relief:
1. Variation to reduce the required lot size (area) for two (2) new lots serviced with well and septic, from required 40,000 sq. ft. to approximately 10,314 sq. ft. for Lot 1 and 21,940 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for one new interior lot serviced with well and septic, from required 125 feet wide to approximately 91.33 feet wide for Lot 1.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on January 21, 2025, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative the following zoning relief:
1. Variation to reduce the required lot size (area) for two (2) new lots serviced with well and septic, from required 40,000 sq. ft. to approximately 10,314 sq. ft. for Lot 1 and 21,940 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for one new interior lot serviced with well and septic, from required 125 feet wide to approximately 91.33 feet wide for Lot 1.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 6 Nays, 0 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 required lot size (area) for two (2) new lots serviced with well and septic, from required 40,000 sq. ft. to approximately 10,314 sq. ft. for Lot 1 and 21,940 sq. ft. for Lot 2.
2. Variation to reduce the required lot width for one new interior lot serviced with well and septic, from required 125 feet wide to approximately 91.33 feet wide for Lot 1, on the property hereinafter described:
LOT 18 IN BLOCK 14 IN ARTHUR T. MC INTOSH AND COMPANY'S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2TO 12, INCLUSIVE (EXCEPT PARTS OF 10 AND 11), OF ASSESSMENT PLAT OF SECTIONS 10, 11, 14 AND 15, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MC INTOSH AND COMPANY'S LISLE FARMS RECORDED DECEMBER 31, 1924 AS DOCUMENT NO. 186704, IN DU PAGE COUNTY, ILLINOIS; and
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; BARBARA KOSELA, 5517 ESSEX ROAD, LISLE, IL 60532; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 28th day of January, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK