Legislation Details

File #: DC-O-0009-26    Version: 1
Type: Development Ordinance Status: Adopted
File created: 2/6/2026 In control: Development Committee
On agenda: 2/17/2026 Final action: 2/24/2026
Title: ZONING-25-000069 – ORDINANCE – Chen: To approve the following zoning relief: Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot. (Downers Grove/District 3) (Generally located northeast of 58th Street and Monroe Street, on the east side of Monroe Street) ZHO Recommendation to Approve Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
Attachments: 1. Z-25-000069 Chen Cty. Bd. (02-24-2026)

 

Zoning Petition ZONING-25-000069 Chen

 

 

WHEREAS, a public hearing was held on January 21, 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:

 

Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot, on the property hereinafter described:

 

LOT 40 IN GEO. F. NIXON AND CO’S SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1.4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 24, 1954 AS DOCUMENT 721132, 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 February 4, 2026 does find as follows:

 

FINDINGS OF FACT:

A.                     That petitioner testified that the subject zoning relief is for a Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot. 

  

B.                     That petitioner testified that he constructed the subject 8’ x 9’ shed on his property without a permit.

 

C.                     That petitioner testified that because most of his backyard is an elevated terrace and contains a French drain in the middle of the remaining backyard, the only place to locate a shed on the subject property is on the side of the house, approximately one (1) foot from the interior side property line.

 

D.                     That petitioner testified that there are no utilities servicing the shed.

 

E.                     That petitioner testified that he only uses the subject shed for the storage of household accessory items as he has no basement in his home.

 

F.                     That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for a practical difficulty and particular hardship due to the topography of his backyard, including elevated terraces, and a French drain in the middle of the remaining backyard, and that the only location to place a shed on the subject property is approximately 1 foot from the interior side property line.                                                                                          

 

STANDARDS FOR VARIATIONS:

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 existing shed is only 8’ x 9’ and does not impact the supply of light and air to adjacent property.

 

b.                     Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they have started the permitting process for the existing shed and that it was built pursuant to all building codes.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing shed is an added benefit to the surrounding area.

 

d.                     Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing shed is located behind the front wall of the house and does not 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 existing shed 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 existing shed 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 existing shed is an added benefit to the area, allows petitioner to store household accessory items on the property without a basement, and will not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.

 

 

 

 

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER:

•                     ZONING-25-000069 Chen

ZONING REQUEST:

•                     Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot.                                                                                                      

OWNER:

•                     PEI YU CHEN & EVELINE MARIA DYBALA, 5701 S MONROE STREET, HINSDALE, IL 60521

ADDRESS/LOCATION:

•                      5701 S MONROE STREET, HINSDALE, IL 60521

PIN:

•                     09-14-207-011

TWSP./CTY. BD. DIST.:

•                     DOWNERS GROVE / DISTRICT 3

ZONING/LUP:

•                     R-4 SINGLE FAMILY RESIDENTIAL / 0-5 DWELLING UNITS PER ACREA

AREA:                     

•                     0.27 ACRES (11,761 SQ. FT.)

UTILITIES:

•                     WATER/SEWER

PUBLICATION DATE:

•                     DAILY HERALD: JANUARY 6, 2026

PUBLIC HEARING:

•                     WEDNESDAY, JANUARY 21, 2026

 

ADDITIONAL INFORMATION: 

Building: No Objections.

DUDOT: Our office has no jurisdiction in this matter.

Health: Our office has no jurisdiction in this matter.

Stormwater: No Objections with the concept of the petition.

•                     Additional information may be required at time of permit application. “During application, the applicant will be required to verify that the side yard’s hydraulic conveyance is maintained within the revised setback limits.”

Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”

 

EXTERNAL:

Village of Hinsdale: “Village of Hinsdale does not have any comments relative to the petition.”

Village of Burr Ridge: No Comments Received.

Village of Willowbrook: No Comments Received.

Village of Clarendon Hills: No Comments Received.

Village of Westmont: “The Village has no comment regarding this particular case.”

City of Darien: No Comments Received.

Downers Grove Township: No Comments Received.

Township Highway: No Comments Received.

Golfview Hills Fire Dist.: No Comments Received.

Sch. Dist. 60: No Comments Received.

Sch. Dist. 86: No Objections.

Forest Preserve: “We do not have any comments.”

 

GENERAL BULK REQUIREMENTS

•                     Front Yard

o                     Required: 30 FEET

o                     Existing: APPROXIMATELY 87 FEET

o                     Proposed: APPROXIMATELY 87 FEET

•                     Interior Side Yard

o                     Required: 3 FEET

o                     Existing: APPROXIMATELY 1 FOOT (NORTH) / 75 FEET (SOUTH)

o                     Proposed: APPROXIMATELY 1 FOOT (NORTH) / 75 FEET (SOUTH)

•                     Rear Yard

o                     Required: 3 FEET

o                     Existing: 50 FEET

o                     Proposed: 50 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: MONROE STREET 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 February 4, 2026, recommends to approve the following zoning relief:

 

Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot.                                                                                                      

 

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-25-000069 Chen dated January 21, 2026.

 

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 February 17, 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:

 

Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot.                                                                                                      

 

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-25-000069 Chen dated January 21, 2026.

 

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 (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:

 

Variation to reduce the side yard setback for an existing shed from required 3 feet to approximately 1 foot, on the property hereinafter described:

 

LOT 40 IN GEO. F. NIXON AND CO’S SIXTH ADDITION TO GOLFVIEW HILLS, BEING A SUBDIVISION OF PART OF THE NORTHEAST 1.4 OF SECTION 14, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 24, 1954 AS DOCUMENT 721132, 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-25-000069 Chen dated January 21, 2026.

 

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; PEI YU CHEN & EVELINE MARIA DYBALA, 5701 S MONROE STREET, HINSDALE, IL 60521; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.

Enacted and approved this 24th of February, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK