title
Zoning Petition ZONING-23-000074 Scheiwe
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 reduce corner side setback for a new hot tub installation from 30’ to approximately 24’, on the property hereinafter described:
LOT 614 IN GALLAGHER AND HENRY’S FARMINGDALE VILLAGE UNIT 8, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 4, 1985, AS DOCUMENT NUMBER R85-53124, 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 reduce corner side setback for a new hot tub installation from 30’ to approximately 24’.
B. That petitioner testified that he has lived at the subject property for approximately nine (9) years.
C. That petitioner testified that he is unable to meet the 30’ corner side setback for a new hot tub due to the rear patio door clearance/location, existing utilities, and mature landscaping throughout the rear yard.
a. As such, that petitioner requires the proposed hot tub to be located closer to the corner side property line by approximately six (6) feet to allow the proper clearance from the rear patio door and to avoid the existing utilities and mature landscaping.
D. That petitioner testified that the corner yard is completely screen by mature arborvitae and a wooden fence, and that the proposed hot tub would not be visible from the roadway.
E. That Hearing Officer finds that petitioner has demonstrated that a Variation to reduce corner side setback for a new hot tub installation from 30’ to approximately 24’ 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.
F. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship in relation to the layout of the subject property, as the only location to place the proposed hot tub on the subject property without impacting the rear door to the property, existing utilities, and existing landscaping, is to the locate the hot tub approximately 24’ feet from the corner side property line.
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 hot tub will be completely screened by existing, mature arborvitae and 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 hot tub will not increase in the hazard from fire or other dangers and that he will receive a building permit for the proposed hot tub.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed hot tub will not be visible from the roadway, 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 hot tub 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 hot tub 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 hot tub 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 hot tub 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-23-000074 Scheiwe |
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ZONING REQUEST |
Variation to reduce corner side setback for a new hot tub installation from 30’ to approximately 24’. |
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OWNER |
AARON SCHEIWE, 20W440 ROOKE COURT, DOWNERS GROVE, IL 60516 |
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ADDRESS/LOCATION |
20W440 ROOKE COURT, DOWNERS GROVE, IL 60516 |
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PIN |
10-06-105-031 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.29 ACRES (12,632 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: |
No Objections. |
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Village of Bolingbrook: |
No Comments Received. |
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City of Darien: |
No Objections. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Darien-Woodridge Fire Dist.: |
No Comments Received. |
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Sch. Dist. 66: |
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:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
30’ |
NA |
24’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
ROOKE COURT AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
HAVENS 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 reduce corner side setback for a new hot tub installation from 30’ to approximately 24’.
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-23-000074 Scheiwe 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 reduce corner side setback for a new hot tub installation from 30’ to approximately 24’
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-23-000074 Scheiwe 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 reduce corner side setback for a new hot tub installation from 30’ to approximately 24’, on the property hereinafter described:
LOT 614 IN GALLAGHER AND HENRY’S FARMINGDALE VILLAGE UNIT 8, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 4, 1985, AS DOCUMENT NUMBER R85-53124, 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-23-000074 Scheiwe 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; AARON SCHEIWE, 20W440 ROOKE COURT, DOWNERS GROVE, IL 60516; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
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