title
O R D I N A N C E
Zoning Petition ZONING-24-000018 Roman (b)
resolution
WHEREAS, a public hearing was held on March 27, 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 rear yard setback from required 25 feet to approx. 2 feet for an existing chicken coop.
2. Variation to allow 4-H program with a goat and 1lb rooster on a property less than 40,000 sq. ft., on the property hereinafter described:
LOT 8 IN ANDRUS HIGHLANDS, A SUBDIVISION OF LOTS OF ANDRUS ASSESSMENT PLAT OF PART OF THE NORTHEAST ¼ OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF SAID LOT 5 LYING SOUTH OF THE NORTHERLY RIGHT OF WAY OF FEDERAL AND ROUTE 98) AND (EXCEPT THE EASTERLY 50 FEET OF THE NOTHERLY 50 FEET OF SAID LOT 5) ALSO LOT 6 OF ANDRUS RESUBDIVISION OF LOT 4 IOF ANDRUS’S ASSESSMENT PLAT, A SUBDIVISION SITUTATED IN PART OF THE NORTHEAST ¼ OF SECTION 5 AFORESAID, AND THE EASTERLY 50.0 FEET OF THE NORTHERLY 200.0 FEET ADJACENT TO SAID LOT 4 AND ADJOING THE CHICAGO PLAINFIELD ROAD OF LOT 5 OF ANDRUS ASSESSMENT PLAT, A SUBDIVISION SITUATED IN PART OF THE NORTHEAST ¼ OF SECTION 5 AFORESAID, ACCORDING TO THE PLAT RECORDED APRIL 17, 1957 AS DOCUMENT 839231, 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 March 27, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that they have requested the subject zoning relief to allow a rooster and goat, in addition to a chicken coop less than 25’ from the rear property line, on the subject property.
B. That petitioner testified that her daughter is enrolled in a 4-H program for a chicken and goat, and that they keep the chicken and goat in the rear of the subject property within the existing chicken coop.
C. That petitioner testified that the goat is approximately 12 lbs. and 1 foot in height, and that it has no scent glands.
D. That petitioner testified that the rooster is a Batum rooster, approximately 1 lbs., and is approximately 1/5th the size of a standard rooster.
E. That petitioner testified that the subject goat and rooster are quiet and do not impede on neighboring properties.
F. That at the public hearing neighbors testified and stated that the rooster is loud, however that they did not know a goat was on the subject property as they have never heard or noticed a goat on the property.
G. That petitioner originally applied for a Variation for the subject zoning relief for a goat, and that the request was converted to a Conditional Use at the public hearing, as a Conditional Use is lesser zoning relief than a Variation, and that conditions can therefore be placed on the subject goat to mitigate any future impacts on adjacent properties.
H. That the Zoning Hearing Officer finds that the subject goat is a part of the 4-H program for petitioner’s daughter and is not an impediment to the neighboring properties and that petitioner has demonstrated sufficient evidence to allow a 4-H program for a goat on the subject property.
I. Furthermore, that the Zoning Hearing Officer finds that petitioner has not demonstrated or presented evidence for a particular hardship, practical difficulty, or unique circumstance in relation to the rooster and chicken coop on the subject property, and the subject rooster and chicken coop located 2 feet from the rear property line both impair the public health, comfort, and general welfare if the inhabitants of DuPage County.
STANDARDS FOR CONDITIONAL USES (4-H FOR GOAT):
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 a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year does not impact or impair the supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will receive a building permit from the County for any detached accessory buildings related to the subject goat.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year does not diminish the value of land throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year 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 County’s Stormwater Department has no objections to a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the County’s Stormwater Department has no objections to a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated a 4-H program with a goat on a property less than 40,000 sq. ft. in size for one (1) year does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000018 Roman |
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ZONING REQUEST |
1. Variation to reduce the rear yard setback from required 25 feet to approx. 2 feet for an existing chicken coop. 2. Variation to allow 4-H program with a goat and 1lb rooster on a property less than 40,000 sq. ft. |
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OWNER |
LILIA ROMAN, 460 ANDRUS ROAD, DOWNERS GROVE, IL 60516 |
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ADDRESS/LOCATION |
460 ANDRUS ROAD, DOWNERS GROVE, IL 60516 |
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PIN |
10-05-202-012 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.45 ACRES (19,602 SQ. FT.) |
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UTILITIES |
WELL / SEPTIC |
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PUBLICATION DATE |
Daily Herald: MARCH 12, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MARCH 27, 2024 |
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ADDITIONAL INFORMATION: |
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Building: |
Objects. “I have concerns regarding the impact of a rooster on the surrounding community.” (See attached documentation) |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. “We have water in the area.” |
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EXTERNAL: |
|
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City of Darien: |
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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Village of Woodridge: |
No Comments Received. |
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Village of Lemont: |
No Comments Received. |
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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. 63: |
No Comments Received. |
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Sch. Dist. 86: |
No Comments Received. |
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Forest Preserve: |
No Comments Received. |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
ANDRUS ROAD AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
CITY OF DARIEN |
HOUSE |
CITY OF DARIEN |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on March 27, 2024, recommends to bifurcate the following zoning relief:
The Zoning Hearing Officer recommended to deny the following zoning relief:
1. Variation to reduce the rear yard setback from required 25 feet to approx. 2 feet for an existing chicken coop.
2. Variation to allow 4-H program with 1 lb. rooster on a property less than 40,000 sq. ft.
ZHO Recommendation to Deny
The Zoning Hearing Officer recommended to approve the following zoning relief:
3. Conditional Use to allow a 4-H program with a goat on a property less than 40,000 sq. ft.
Subject to the following conditions:
1. That the Conditional Use zoning relief to allow a 4-H program with a goat shall expire after one (1) year 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.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. That petitioner submits a 4-H Certification to the DuPage County Building and Zoning Department for the subject goat and that petitioner maintain all required setbacks for the 4-H program on 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 May 7, 2024 , considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to bifurcate the following zoning relief:
On a motion to approve, the motion failed relative to the following zoning relief:
2. Variation to allow 4-H program with 1 lb. rooster on a property less than 40,000 sq. ft.
Development Committee VOTE (Motion to Approve Failed): 2 Ayes, 4 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
2. Variation to allow 4-H program with 1 lb. rooster on a property less than 40,000 sq. ft.
LOT 8 IN ANDRUS HIGHLANDS, A SUBDIVISION OF LOTS OF ANDRUS ASSESSMENT PLAT OF PART OF THE NORTHEAST ¼ OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF SAID LOT 5 LYING SOUTH OF THE NORTHERLY RIGHT OF WAY OF FEDERAL AND ROUTE 98) AND (EXCEPT THE EASTERLY 50 FEET OF THE NOTHERLY 50 FEET OF SAID LOT 5) ALSO LOT 6 OF ANDRUS RESUBDIVISION OF LOT 4 IOF ANDRUS’S ASSESSMENT PLAT, A SUBDIVISION SITUTATED IN PART OF THE NORTHEAST ¼ OF SECTION 5 AFORESAID, AND THE EASTERLY 50.0 FEET OF THE NORTHERLY 200.0 FEET ADJACENT TO SAID LOT 4 AND ADJOING THE CHICAGO PLAINFIELD ROAD OF LOT 5 OF ANDRUS ASSESSMENT PLAT, A SUBDIVISION SITUATED IN PART OF THE NORTHEAST ¼ OF SECTION 5 AFORESAID, ACCORDING TO THE PLAT RECORDED APRIL 17, 1957 AS DOCUMENT 839231, IN DUPAGE 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; LILIA ROMAN, 460 ANDRUS ROAD, DOWNERS GROVE, IL 60516; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 14th day of May, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK