title
Zoning Petition ZONING-23-000072 Rosasco
resolution
WHEREAS, a public hearing was held on October 11, 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:
Variation to allow a 6’6”/100% closed (privacy) fence within the 10’ corner side yard setback, on the property hereinafter described:
LOT 85 IN HOBSON CREEK UNIT 1, BEING A SUBDIVISION OF PART OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 23, 1974 AS DOCUMENT R74-18579 AND CORRECTED BY CERTIFICATES OF CORRECTION RECORDED AS DOCUMENT R74-36393, R74-61910, R75-13609, R76-37890 AND R77-76034, 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 October 11, 2023, does find as follows:
FINDINGS OF FACT:
A. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Variation to allow a 6’6”/100% closed (privacy) fence within the 10’ corner side yard setback.
B. That petitioner testified that they have lived at the subject property for approximately three (3) years.
C. That petitioner testified that they require a 6’6”/100% closed privacy fence within the 10’ corner side yard setback for additional privacy and security due to increased noise, vehicle, and pedestrian traffic.
a. Furthermore, that petitioner testified that Creek Drive is the entrance and exit for the neighborhood to get to Hobson Road, and that there is increased traffic during peak traffic times.
D. That Hearing Officer finds that petitioner has demonstrated that a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback will not have any impact on adjacent properties and roadways, will not impact on drainage, and will not impede ventilation and light to the subject property or adjacent properties.
E. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship in relation to the location of the subject property, and that that the increase in noise, vehicle, and pedestrian traffic on Creek Drive requires petitioner to request a Variation to allow a 6’/100% closed (privacy) fence within the 10’ corner side yard setback.
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 privacy fence 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 privacy fence will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed privacy fence will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed privacy fence will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed privacy fence 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 proposed privacy fence 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 the proposed privacy fence 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-23-000072 Rosasco |
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ZONING REQUEST |
Variation to allow a 6’6”/100% closed (privacy) fence within the 10’ corner side yard setback. |
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OWNER |
JAMES AND MIRANDA ROSASCO, 23W321 WOODCREST CT E, NAPERVILLE, IL 60540 |
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ADDRESS/LOCATION |
23W321 WOODCREST CT E, NAPERVILLE, IL 60540 |
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PIN |
08-22-408-007 |
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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 |
0.21 ACRES (9,148 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 26, 2023 |
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PUBLIC HEARING |
WEDNESDAY, OCTOBER 11, 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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
No Objections. “We are the sanitary sewer provider.” |
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EXTERNAL: |
|
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Village of Woodridge: |
“This site is within Woodridge’s territory of a boundary line agreement but not currently incorporated. A fence of this height would not be allowed at a residential site.” |
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City of Naperville: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “The subject property is located outside of the Village’s Boundary Agreement.” |
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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.: |
“N/A” |
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Sch. Dist. 203: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this notice and due to 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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Height: |
4’6”/50% OPEN |
N/A |
6’6”/100% CLOSED |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
WOODCREST CT E. AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
CREEK DRIVE 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 October 11, 2023, recommends to approve the following zoning relief:
Variation to allow a 6’6”/100% closed (privacy) 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-23-000072 Rosasco dated October 11, 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 November 21, 2023, 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 allow a 6’6”/100% closed (privacy) 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-23-000072 Rosasco dated October 11, 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): 5 Ayes, 0 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to allow a 6’6”/100% closed (privacy) fence within the 10’ corner side yard setback, on the property hereinafter described:
LOT 85 IN HOBSON CREEK UNIT 1, BEING A SUBDIVISION OF PART OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 23, 1974 AS DOCUMENT R74-18579 AND CORRECTED BY CERTIFICATES OF CORRECTION RECORDED AS DOCUMENT R74-36393, R74-61910, R75-13609, R76-37890 AND R77-76034, 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-23-000072 Rosasco dated October 11, 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 AND MIRANDA ROSASCO, 23W321 WOODCREST CT E, NAPERVILLE, IL 60540; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK