title
Zoning Petition ZONING-26-000015 Falco
resolution
WHEREAS, a public hearing was held on May 20, 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 interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively, on the property hereinafter described:
OF LOT 12 IN BLOCK 14 OF ARTHUR T. MC INTOSH AND COMPANY’S VALLEY VIEW UNIT NO. 2, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRAURY 25, 1957 AS DOCUMENT 833355, AND CERTIFICATES OF CORRECTION FILED OCTOBER 10, 1957 AS DOCUMENT 859356 AND MAY 5, 1958 AS DOCUMENT 878635, 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 June 3, 2026 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively.
B. That petitioner testified that she has lived at the subject property for approximately ten (10) years.
C. That petitioner testified that she constructed the subject chicken coop approximately one (1) year ago and attached it to an existing shed on the subject property.
a. That petitioner testified that the subject chicken coop is constructed out of four (4) posts and heavy-duty chicken wire (framed structure)
D. That petitioner testified that she has only five (5) hens and no roosters.
E. That petitioner testified that she only uses the existing chickens for fresh eggs and does not sell any chicken byproducts.
F. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided evidence to support the approval of a Variation and that petitioner did not address the required Standards for a Variation.
STANDARDS FOR VARIATIONS:
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided evidence 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 not demonstrated or provided evidence the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that the existing chicken coop does not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that the existing chicken coop does not increase the hazard from fire or other damages to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that the existing chicken coop does not diminish the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided evidence that the existing chicken coop does not unduly increase traffic congestion.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that the existing chicken coop 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 not demonstrated or provided evidence that the existing chicken coop 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 not demonstrated or provided evidence that the existing chicken coop does not otherwise impair the public health, safety, comfort, morals or general welfare.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000015 FALCO
ZONING REQUEST: Variation to reduce the interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively.
OWNER: GIOVANNI FALCO & REBECCA AUSTIN, 22W630 BURR OAK DRIVE, GLEN ELLYN, IL 60137
ADDRESS/LOCATION: 22W630 BURR OAK DRIVE, GLEN ELLYN, IL 60137
PIN: 05-35-302-012
TWSP./CTY. BD. DIST.: MILTON / DISTRICT 4
ZONING/LUP: R-4 SF RES / 0-5 DU AC
AREA: 0.27 ACRES (11,761 SQ. FT.)
UTILITIES: WATER / SEWER
PUBLICATION DATE: DAILY HERALD: MAY 5, 2026
PUBLIC HEARING: WEDNESDAY, MAY 20, 2026
ADDITIONAL INFORMATION:
Building: I object / have concerns with the petition.
DUDOT: No Comments Received.
Health: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.
Stormwater: No objections or concerns with the petition.
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
City of Wheaton: No Comments Received.
Village of Glen Ellyn: I object/have concerns with the petition.
• “The subject property is located within the planning jurisdiction of the Village of Glen Ellyn. The Village prohibits the keeping of chickens within the corporate limits of the Village of Glen Ellyn. If the property were to be annexed to the Village at any time in the future, the property will be required to cease the keeping of chickens.”
Village of Lombard: “The subject property for this petition is outside the Village of Lombard’s planning boundary. As such, we have no comment.”
Village of Downers Grove: “The Village of Downers Grove has no comments.”
Village of Lisle: Our office has no jurisdiction in this matter.
Milton Township: No Comments Received.
Township Highway: No objection or concerns with the concept of the petition. Additional information may be required at time of permit application.
Lisle-Woodridge Fire Dist.: Our office has no jurisdiction in this matter.
Sch. Dist. 89: No Comments Received.
Sch. Dist. 87: No Comments Received.
Forest Preserve: No Comments Received.
GENERAL BULK REQUIREMENTS
• Interior Side Yard
o Required: 25 FT
o Existing: APPROX. 16 FT
o Proposed: APPROX. 16 FT
• Rear Yard
o Required: 25 FT
o Existing: APPROX. 14 FT
o Proposed: APPROX. 14FT
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: BURR OAK DRIVE AND BEYOND 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: 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 June 3, 2026, recommends to deny the following zoning relief:
Variation to reduce the interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on June 16, 2026, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed the following zoning relief:
Variation to reduce the interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 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 interior side setback and rear yard setback for an existing chicken coop from required 25 feet to approximately 16 feet and 14 feet, respectively, on the property hereinafter described:
OF LOT 12 IN BLOCK 14 OF ARTHUR T. MC INTOSH AND COMPANY’S VALLEY VIEW UNIT NO. 2, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRAURY 25, 1957 AS DOCUMENT 833355, AND CERTIFICATES OF CORRECTION FILED OCTOBER 10, 1957 AS DOCUMENT 859356 AND MAY 5, 1958 AS DOCUMENT 878635, 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; GIOVANNI FALCO & REBECCA AUSTIN, 22W630 BURR OAK DRIVE, GLEN ELLYN, IL 60137; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
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Enacted and approved this 23rd of June, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK