title
O R D I N A N C E
Zoning Petition ZONING-23-000048 Ongkiko
resolution
WHEREAS, a public hearing was held on August 16, 2023 and August 23, 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 front yard setback from 30' to approximately 10' for an addition, on the property hereinafter described:
LOT 12 OF MCKENNA SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 13, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1992 AS DOCUMENT R92-92485, IN THE OFFICE OF THE RECORDER OF DEEDS OF 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 August 23, 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 front yard setback from 30' to approximately 10' for an addition.
B. That petitioner testified that the subject property includes a twenty-five (25) foot drainage easement on the south side of the property, requiring any future building/ addition on the subject property to occur on the northern half, and towards to the front property line.
C. That petitioner testified that although the proposed addition will be ten (10) feet from the front property line, the addition will actually be more than fifty (50) feet from Linden Avenue, due to the large right-of-way in front of the subject property.
D. That Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship for a Variation to reduce front yard setback from 30' to approximately 10' for an addition, as the subject property is unique with an unbuildable twenty-five (25) foot drainage easement, rendering the southern quarter of the property unusable, requiring petitioner to build towards the front property line but still remaining more than fifty (50) feet from Linden Avenue.
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 home addition will maintain the interior side setbacks and rear setback, will be located more than fifty (50) feet from Linden Avenue, and therefore 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 home addition will not increase in the hazard from fire or other dangers and that he will receive a building permit for the proposed addition.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed home addition 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 home addition will be located more than fifty (50) feet from Linden Avenue and will 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 proposed home addition 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 the proposed home addition 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 that the proposed home addition 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
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000048 Ongkiko |
|
ZONING REQUEST |
Variation to reduce front yard setback from 30' to approximately 10' for an addition. |
|
OWNER |
CHRISTOPHER ONGKIKO, 0S748 LINDEN AVENUE, ELMHURST, IL 60126 |
|
ADDRESS/LOCATION |
0S748 LINDEN AVENUE, ELMHURST, IL 60126 |
|
PIN |
06-13-408-034 |
|
TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.33 ACRES (14,375 SQ. FT.) |
|
UTILITIES |
WATER AND SEWER |
|
PUBLICATION DATE |
Daily Herald: AUGUST 1, 2023 |
|
PUBLIC HEARING |
WEDNESDAY, AUGUST 16, 2023, CONTINUED TO AUGUST 23, 2023 |
|
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 Objection with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
Our office has no jurisdiction in this matter. |
|
EXTERNAL: |
|
|
City of Elmhurst: |
No Comments Received. |
|
Village of Oak Brook: |
No Comments Received. |
|
City of Oakbrook Terrace: |
No Comments Received. |
|
York Township: |
No Comments Received. |
|
Township Highway: |
No Objections. |
|
Elmhurst Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 205: |
No Comments Received. |
|
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:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Front Yard: |
30’ |
APPROX. 29.20’ |
APPROX. 10’ |
|
Int. Side Yard: |
10’ |
APPROX. 10.26’ |
APPROX. 10.5’ |
|
Int. Side Yard: |
10’ |
APPROX. 30’ |
APPROX. 25’ |
|
Rear Yard: |
25’ |
APPROX. 80’ |
APPROX. 25’ |
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 |
R-5 SF RES |
VACANT |
0-5 DU AC |
|
East |
LINDEN AVENUE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
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 August 23, 2023, recommends to approve the following zoning relief:
Variation to reduce front yard setback from 30' to approximately 10' for an addition.
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-23-000048 Ongkiko dated August 23, 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 September 19, 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 front yard setback from 30' to approximately 10' for an addition.
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-23-000048 Ongkiko dated August 23, 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): 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:
Variation to reduce front yard setback from 30' to approximately 10' for an addition.
LOT 12 OF MCKENNA SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 13, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 1992 AS DOCUMENT R92-92485, IN THE OFFICE OF THE RECORDER OF DEEDS OF 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-23-000048 Ongkiko dated August 23, 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; CHRISTOPHER ONGKIKO, 0S748 LINDEN AVENUE, ELMHURST, IL 60126; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 26th day of September, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK