title
Zoning Petition ZONING-23-000096 Anjuman-e-Saifee
resolution
WHEREAS, a public hearing was held on January 18, 2024 and February 15, 2024 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals 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 minimum interior side yard setbacks from 40 feet to approximately 20 feet for the construction of two proposed parking lots (Section 37-704.4A), on the property hereinafter described:
PARCEL 1: THAT PART OF LOTS 9 AND 21 LYING WESTERLY OF A LINE DRAWN FORM A POINT ON THE NORTH LINE OF SAID LOT 9, 31.16 FEET EAST OF THE NORTHWEST CORNER THEREOF TO A POINT ON THE SOUTH LINE OF SAID LOT 21, 29.70 FEET EAST OF THE SOUTHWEST CORNER THEREOF AND LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, AND 20, TOGETHER WITH THAT PART OF VALLEY VIEW DRIVE AND BRIANNA DRIVE ADJOINING SAID LOTS AND PART OF LOTS IN TIMBER LAKE GLEN, BEING A RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1989 AS DOCUMET R89-29732 IN DUPAGE COUNTY, ILLINOIS ALSO KNOWN AS THE WEST 490.60 FEET OF LOT 2 IN DOWNERS GROVE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER 4 OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1946 AS DOCUMENT NUMBER 494655, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: LOT 2 IN JAMES NOVAK’S RESUBDIVISION OF LOT 12 (EXCEPT THE WEST 490.6 FEET THEREOF AND ALSO EXCEPT THE EAST 100.0 FEET DEDICATED FOR HIGHWAY PURPOSES (ILLINOIS ROUTE 83) IN DOWNERS GROVE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER 4 OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID NOVAK’S RESUBDIVISION RECORDED JUNE 28, 1965 AS DOCUMENT R65-22709, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on March 7, 2024 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is to construct two (2) additional parking lots on the subject property, approximately twenty (20) feet from the interior side property lines.
2. That petitioner testified the congregation was established in the early 1970’s and now consists of three hundred (300) families, and that in 2001, the place of assembly obtained a Conditional Use for a religious institution from DuPage County and constructed the subject facility.
3. That petitioner testified that the subject property consists of an existing place of assembly, school, and parking lot.
4. That petitioner testified that at the time of construction, the minimum side yard setback was twenty (20) feet, and the current zoning code requires forty (40) foot setbacks.
5. That petitioner testified that the two (2) proposed surface parking lots will maintain the twenty (20) foot setbacks of the existing parking lot and driveways on the subject property.
6. That petitioner testified that the practical difficulty or particular hardship in respect to the subject property is the existing conditions/development of the property, which at the time of the original development was twenty (20) foot side yard setbacks.
7. That petitioner testified that the proposed surface parking on the subject property is to remedy an existing parking shortage/demand for the place of assembly, and that the proposed zoning relief is for additional surface parking to accommodate vehicles that currently park on the unimproved portion of the property.
8. That petitioner testified that residential single-family homes are located directly to the west of the subject property, to the east of the property across Route 83, and that additional places of assembly are located to the north and south of the subject property.
9. That at the February 15, 2024, public hearing, petitioner submitted a revised site plan to depict changes made after discussions with neighboring residential properties, including a row of six (6) foot tall arbor vitae to create a barrier between the parking lot, lights, and residential properties; and additional landscaping and trees in existing gap areas on the property.
10. That petitioner testified that there is only one (1) access point onto the subject property and that on the revised site plan, the proposed parking areas and drives allow for a circular driveway throughout the property.
a. Furthermore, that the driveways throughout the property would now line up together, providing for better circulation for school buses, emergency vehicles, and other large vehicles, and allowing for greater vehicle stacking for entrance and exiting.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals 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 Board of Appeals 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 zoning relief is for to additional surface parking, which 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 zoned relief is for additional surface parking, which will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed zoning relief is for additional surface parking to accommodate vehicles that currently park on the unimproved portion of the property and that the additional surface parking will improve the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed zoning relief is for additional surface parking to accommodate the existing parking demand and will not generate new parking demand, and therefore the proposed zoning relief 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 zoning relief for additional surface parking will be designed and constructed in accordance with the County’s Stormwater Ordinance and will 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 proposed zoning relief for additional surface parking will be designed and constructed in accordance with the County’s Stormwater Ordinance and 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 zoning relief for additional surface parking will accommodate an existing parking demand and will enhance the existing place of assembly and its property, which 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-23-000096 Anjuman-e-Saifee |
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ZONING REQUEST |
Variation to reduce the minimum interior side yard setbacks from 40 feet to approximately 20 feet for the construction of two proposed parking lots (Section 37-704.4A) |
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OWNER |
DAWAT E HADIYAH, 5177 DOUGLAS FIR ROAD, CALABASAS, CA 91302 / AGENT: KATHLEEN WEST, 111 EAST JEFFERSON AVENUE, SUITE 200, NAPERVILLE, IL 60540 |
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ADDRESS/LOCATION |
10S246 ROUTE 83, HINSDALE, IL 60527 / ALSO KNOWN AS: 10S252 ROUTE 83, WILLOWBROOK, IL 60527 |
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PIN |
10-02-104-095 |
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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 |
9.3 ACRES (405,108 SQ. FT.) |
|
UTILITIES |
WATER/SEWER |
|
PUBLICATION DATE |
Daily Herald: JANUARY 3, 2024 |
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PUBLIC HEARING |
THURSDAY, JANUARY 18, 2024, CONTINUED TO FEBRUARY 15, 2024 |
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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 Comments Received. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
|
Public Works: |
No Objections. “We are the sanitary sewer and water provider for the area.” |
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EXTERNAL: |
|
|
Village of Burr Ridge: |
No Comments Received. |
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Village of Willowbrook: |
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. |
|
Tri-State Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 180: |
No Objections. |
|
Sch. Dist. 87: |
No Comments Received. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County has reviewed the information provided and does not have any specific comments.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
40’ |
NA |
APPROX. 20’ |
|
Int. Side Yard: |
40’ |
NA |
APPROX. 20’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-4 SF RES |
PLACE OF ASSEMBLY |
0-5 DU AC |
|
North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
ROUTE 83 AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-4 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on March 7, 2024, recommends to approve the following zoning relief:
Variation to reduce the minimum interior side yard setbacks from 40 feet to approximately 20 feet for the construction of two proposed parking lots (Section 37-704.4A).
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-23-000096 Anjuman-e-Saifee dated February 15, 2024.
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 in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 7 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on April 2, 2024, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
Variation to reduce the minimum interior side yard setbacks from 40 feet to approximately 20 feet for the construction of two proposed parking lots (Section 37-704.4A).
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-23-000096 Anjuman-e-Saifee dated February 15, 2024.
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 in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
4. 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 the minimum interior side yard setbacks from 40 feet to approximately 20 feet for the construction of two proposed parking lots (Section 37-704.4A), on the property hereinafter described:
PARCEL 1: THAT PART OF LOTS 9 AND 21 LYING WESTERLY OF A LINE DRAWN FORM A POINT ON THE NORTH LINE OF SAID LOT 9, 31.16 FEET EAST OF THE NORTHWEST CORNER THEREOF TO A POINT ON THE SOUTH LINE OF SAID LOT 21, 29.70 FEET EAST OF THE SOUTHWEST CORNER THEREOF AND LOTS 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, AND 20, TOGETHER WITH THAT PART OF VALLEY VIEW DRIVE AND BRIANNA DRIVE ADJOINING SAID LOTS AND PART OF LOTS IN TIMBER LAKE GLEN, BEING A RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1989 AS DOCUMET R89-29732 IN DUPAGE COUNTY, ILLINOIS ALSO KNOWN AS THE WEST 490.60 FEET OF LOT 2 IN DOWNERS GROVE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER 4 OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1946 AS DOCUMENT NUMBER 494655, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: LOT 2 IN JAMES NOVAK’S RESUBDIVISION OF LOT 12 (EXCEPT THE WEST 490.6 FEET THEREOF AND ALSO EXCEPT THE EAST 100.0 FEET DEDICATED FOR HIGHWAY PURPOSES (ILLINOIS ROUTE 83) IN DOWNERS GROVE TOWNSHIP SUPERVISORS ASSESSMENT PLAT NUMBER 4 OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID NOVAK’S RESUBDIVISION RECORDED JUNE 28, 1965 AS DOCUMENT R65-22709, 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-23-000096 Anjuman-e-Saifee dated February 15, 2024.
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 in conjunction with the submittal of a building permit the developer provides a landscape plan showing partial landscape screens around the perimeter of the development.
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; DAWAT E HADIYAH, 5177 DOUGLAS FIR ROAD, CALABASAS, CA 91302 / AGENT: KATHLEEN WEST, 111 EAST JEFFERSON AVENUE, SUITE 200, NAPERVILLE, IL 60540; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 9th day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK