title
Zoning Petition ZONING-23-000080 Adams
resolution
WHEREAS, a public hearing was held on November 1, 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 the interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space, on the property hereinafter described:
LOT 1 IN BLOCK 22 IN THE THIRD ADDITION TO THE NORTHWEST ADDITION TO WHEATON, A SUBDIVISION IN THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACORRDING TO THE PLAT THEREOF RECORDED JULY 23, 1926, AS DOCUMENT 210111, 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 1, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the proposed zoning relief is to reduce the interior side setback from required 3' to approximately 0' for repaving an existing driveway with asphalt parking space.
B. That petitioner testified that he is replacing his existing driveway with a new asphalt driveway and that the last fifteen (15) feet of the driveway is considered a parking space which is required to be at least three (3) feet from the interior side property line.
C. That petitioner testified that the subject driveway is pre-existing and that no new parking areas are proposed.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for a practical difficulty and unique circumstance for the proposed driveway, as the subject driveway is pre-existing and requires repairs, and that in order to repave the existing driveway, petitioner requires the subject zoning relief.
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 repaving driveway with asphalt parking space 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 repaving driveway with asphalt parking space will not increase in the hazard from fire or other dangers and that they will receive a building permit for the driveway and parking space.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the repaving driveway with asphalt parking space 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 repaving driveway with asphalt parking space will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the repaving driveway with asphalt parking space 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 repaving driveway with asphalt parking space 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 the repaving driveway with asphalt parking space 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
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000080 Adams |
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ZONING REQUEST |
Variation to reduce the interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space. |
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OWNER |
JEREMY AND CHARISSE ADAMS, 0S028 CALVIN COURT, WINFIELD, IL 60190 |
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ADDRESS/LOCATION |
0S028 CALVIN COURT, WINFIELD, IL 60190 |
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PIN |
05-18-103-023 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.14 ACRES (6,094 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: OCTOBER 17, 2023 |
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PUBLIC HEARING |
WEDNESDAY, NOVEMBER 1, 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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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City of Wheaton: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Milton 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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Winfield Fire Dist.: |
No Comments Received. |
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Sch. Dist. 200: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this notice and we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
3’ |
APPROX. 0’ |
APPROX. 0’ |
LAND USE
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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-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
CALVIN COURT AND BEYOND R-4 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 November 1, 2023, recommends to approve the following zoning relief:
Variation to reduce the interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space.
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-23-000080 Adams dated November 1, 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 November 21, 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 the interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space.
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-23-000080 Adams dated November 1, 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): 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 interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space, on the property hereinafter described:
LOT 1 IN BLOCK 22 IN THE THIRD ADDITION TO THE NORTHWEST ADDITION TO WHEATON, A SUBDIVISION IN THE NORTHWEST ¼ OF SECTION 18, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACORRDING TO THE PLAT THEREOF RECORDED JULY 23, 1926, AS DOCUMENT 210111, 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-23-000080 Adams dated November 1, 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; JEREMY AND CHARISSE ADAMS, 0S028 CALVIN COURT, WINFIELD, IL 60190; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK