Legislation Details

File #: DC-O-0030-26    Version: 1
Type: Development Ordinance Status: Adopted
File created: 8/12/2026 In control: Development Committee
On agenda: 8/18/2026 Final action: 8/25/2026
Title: ZONING-26-000028 – Anitei: To approve the following zoning relief: Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years. (Downers Grove/District 3) ZHO Recommendation to Approve Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
Attachments: 1. Z-26-000028 Anitei Cty. Bd. (08-25-2026)

 

Zoning Petition ZONING-26-000028 Anitei

 

 

WHEREAS, a public hearing was held on July 15, 2026 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 reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years, on the property hereinafter described:

 

LOT 7 IN FIRST ADDITION TO HINSDALE TIMBER LAKE ESTATES UNIT 2, BEING A SUBDIVISION IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1973 AS DOCUMENT R73-27140, 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 July 29, 2026 does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that the subject zoning relief is for a Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years.

 

B.                     That petitioner testified that he purchased the subject property in 2021 and that the subject shed was already existing on the subject property.

 

C.                     That petitioner testified that based on a review of the property history and discussions with neighbors, the petitioner determined that the subject shed has existed on the subject property for over thirty (30) years.

 

D.                     That petitioner testified that the subject shed is serviced with electric.

 

E.                     That petitioner testified that the subject shed is used to store lawn tools and household accessory equipment.

 

F.                     That the Zoning Hearing Officer finds that petitioner has presented sufficient evidence to satisfy the Standards for a Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years.

 

G.                     That the Zoning Hearing Officer finds that the existing shed does not adversely impact adjacent properties or roadways, does not negatively affect drainage patterns in the area, and does not impede adequate light or ventilation to the subject property or neighboring 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 subject shed has existed on the subject property for at least thirty (30) years and does not impair an adequate supply of light and air to the adjacent property.

 

b.                     Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain a building permit for the existing shed and that it has existed on the subject property for at least thirty (30) years without any hazards from fire or other dangers.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the subject shed has existed on the subject property for at least thirty (30) years and 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 subject shed is located in the rear of the subject property and does not unduly increase traffic congestion in the public streets and highways.

 

e.                     Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the subject shed has existed on the subject property for at least thirty (30) years and does not increase the potential for flood damages to adjacent property.

 

f.                     Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the subject shed has existed on the subject property for at least thirty (30) years and does 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 subject shed has existed for at least thirty (30) years and does not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER: ZONING-26-000028 Anitei

ZONING REQUEST: Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years.

OWNER: STEFAN & CARMEN ANITEI, 9S607 WILLIAM DRIVE, BURR RIDGE, IL 60527

ADDRESS/LOCATION: 9S607 WILLIAM DRIVE, BURR RIDGE, IL 60527

PIN: 09-35-306-019

TWSP./CTY. BD. DIST.: DOWNERS GROVE / DISTRICT 3

ZONING/LUP: R-4 SF RES / 0-5 DU A C

AREA: 0.5 ACRES (21,780 SQ. FT.)

UTILITIES: WATER/SEWER

PUBLICATION DATE: DAILY HERALD: JUNE 30, 2026

PUBLIC HEARING: WEDNESDAY, JULY 15, 2026

 

ADDITIONAL INFORMATION: 

Building: No objection or concerns with the petition.

DUDOT: Our office has no jurisdiction in this matter.

Health: Our office has no jurisdiction in this matter.

Stormwater: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.

Public Works: “DPC Public Works owns a water main on the East side of Williams Dr, this water main will not be affected by the proposed setback.”

 

EXTERNAL:

Village of Burr Ridge: No Comments Received.

Village of Willowbrook: No Comments Received.

City of Darien: No Comments Received.

Downers Grove Township: No Comments Received.

Township Highway: No Comments Received.

Tri-State Fire Dist.: No objection or concerns with the petition.

Sch. Dist. 63: No Comments Received.

Sch. Dist. 86: No objection or concerns with the petition.

Forest Preserve: “Forest Preserve District of DuPage County staff have reviewed the information provided in the Public Notices for the Hummerich, Anitei, and First Baptist Church Zoning Petitions, and we do not have any comments.”

 

GENERAL BULK REQUIREMENTS

•                     Interior Side Yard

o                     Required: 10 FT                     

o                     Existing: APPROX. 5.3 FEET

o                     Proposed: APPROX. 5.3 FEET

LAND USE

Subject Property:

•                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

North of Subject Property:

•                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

South of Subject Property:

•                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

East of Subject Property:

•                     Zoning: R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

West of Subject Property:

•                     Zoning: WILLIAM DRIVE AND BEYOND R-4 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

 

 

                     WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on July 29, 2026, recommends to approve         the following zoning relief:

 

Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years.

 

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-26-000028 Anitei dated July 15, 2026.

 

2.                     That the Conditional Use zoning relief shall expire after ten (10) 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 August 18, 2026, 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 reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years.

 

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-26-000028 Anitei dated July 15, 2026.

 

2.                     That the Conditional Use zoning relief shall expire after ten (10) 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 (Motion 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:

 

Conditional Use to reduce the interior side setback for an existing shed from required 10 feet to approximately 5.3 feet, where the shed has existed for at least 5 years, on the property hereinafter described:

 

LOT 7 IN FIRST ADDITION TO HINSDALE TIMBER LAKE ESTATES UNIT 2, BEING A SUBDIVISION IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1973 AS DOCUMENT R73-27140, 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-26-000028 Anitei dated July 15, 2026.

 

2.                     That the Conditional Use zoning relief shall expire after ten (10) 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; STEFAN & CARMEN ANITEI, 9S607 WILLIAM DRIVE, BURR RIDGE, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.

 

 

Enacted and approved this 25th day of August, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK