title
Zoning Petition ZONING-23-000086 Davis Land Holdings, LLC.
resolution
WHEREAS, a public hearing was held on November 29, 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:
Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage), on the property hereinafter described:
LOT 23 IN MARDON ACRES, BEING A SUBDIVISION OF PART OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SECTION 31, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 4, 1948 AS DOCUMENT 555355, 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 November 29, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow a Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage).
B. That petitioner testified that he has lived at the subject property for one (1) year.
C. That petitioner testified that the subject property is approximately two (2) acres in size and has an existing 1,504 sq. ft. detached accessory building that is used for storage of household accessory equipment.
D. That petitioner testified that he requires additional space on the subject property due to the lack of storage within the existing house and the attached garage that has been turn into a hobby room, and that he requires an enclosed space to safely store his permitted four (4) passenger vehicles from the elements.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence to allow a Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage) and that the proposed detached accessory building will not impact adjacent properties and roadways, will not impact drainage, and will not impede ventilation and light to the subject property or adjacent 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 proposed increase of the total area of detached accessory buildings will not impact or impair the supply of light and air to adjacent properties and will meet all required setbacks.
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 the proposed detached accessory building and that it will be built pursuant to the current DuPage County building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed increase of the total area of detached accessory buildings will not diminish the value of land and that the neighbors do not object.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed detached accessory building will be located behind the front wall of the home and will not impact traffic.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the County’s Stormwater Department has no objections to the proposed detached accessory building.
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 the proposed detached accessory building.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed increase of the total area of detached accessory buildings 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.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000086 Davis Land Holdings, LLC. |
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ZONING REQUEST |
Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage). |
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OWNER |
DAVIS LAND HOLDINGS, LLC., 2N580 JEFFERSON ROAD, WEST CHICAGO, IL 60185/ AGENT: DANIEL DAVIS, 2N580 JEFFERSON ROAD, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
2N580 JEFFERSON ROAD, WEST CHICAGO, IL 60185 |
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PIN |
01-36-200-013 |
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TWSP./CTY. BD. DIST. |
WAYNE |
DISTRICT 6 |
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ZONING/LUP |
R-2 SF RES |
0-5 DU AC |
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AREA |
2.11 ACRES (91,912 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: NOVEMBER 14, 2023 |
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PUBLIC HEARING |
WEDNESDAY, NOVEMBER 29, 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: |
No Objections. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
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Village of Carol Stream: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
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Wayne Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Carol Stream Fire Dist.: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Sch. Dist. 25: |
No Comments Received. |
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Sch. Dist. 94: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and 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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Floor Area Ratio: |
1,494 SQ. FT. |
1,504 SQ. FT. |
2,128 SQ. FT. |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-2 SF RES |
HOUSE |
0-5 DU AC |
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North |
JEFFERSON ROAD AND BEYOND R-2 SF RES |
HOUSE |
0-5 DU AC |
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South |
VILLAGE OF CAROL STREAM |
VACANT |
VILLAGE OF CAROL STREAM |
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East |
R-2 SF RES |
HOUSE |
0-5 DU AC |
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West |
VILLAGE OF CAROL STREAM |
VACANT |
VILLAGE OF CAROL STREAM |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on November 29, 2023, recommends to approve the following zoning relief:
Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage).
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-23-000086 Davis Land Holdings, LLC. dated November 29, 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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 January 16, 2024, 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 increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage).
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-23-000086 Davis Land Holdings, LLC. dated November 29, 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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to increase the total area of detached accessory buildings from permitted 1,494 sq. ft. to approximately 2,128 sq. ft. (1,504 sq. ft. for existing detached garage and 624 for proposed detached garage), on the property hereinafter described:
LOT 23 IN MARDON ACRES, BEING A SUBDIVISION OF PART OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SECTION 31, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 4, 1948 AS DOCUMENT 555355, 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-23-000086 Davis Land Holdings, LLC. dated November 29, 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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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; DAVIS LAND HOLDINGS, LLC., 2N580 JEFFERSON ROAD, WEST CHICAGO, IL 60185/ AGENT: DANIEL DAVIS, 2N580 JEFFERSON ROAD, WEST CHICAGO, IL 60185; and Township Assessor, Wayne Township, 27W031 North Avenue, West Chicago, IL 60185.
end
Enacted and approved this 23rd day of January, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK