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File #: DC-O-0069-23    Version: 1
Type: Development Ordinance Status: Adopted
File created: 11/13/2023 In control: Development Committee
On agenda: 11/21/2023 Final action: 11/28/2023
Title: Zoning Petition ZONING-23-000080 Adams
Attachments: 1. Z-23-000080 Adams Dev. Com. (11-21-2023).pdf

 

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

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER

ZONING-23-000080 Adams

ZONING REQUEST

Variation to reduce the interior side setback from required 3' to approximately 0' for repaving driveway with asphalt parking space.

OWNER

JEREMY AND CHARISSE ADAMS, 0S028 CALVIN COURT, WINFIELD, IL 60190

ADDRESS/LOCATION

0S028 CALVIN COURT, WINFIELD, IL 60190

PIN

05-18-103-023

TWSP./CTY. BD. DIST.

MILTON

DISTRICT 4

ZONING/LUP

R-4 SF RES

0-5 DU AC

AREA

0.14 ACRES (6,094 SQ. FT.)

UTILITIES

WATER AND SEWER

PUBLICATION DATE

Daily Herald: OCTOBER 17, 2023

PUBLIC HEARING

WEDNESDAY, NOVEMBER 1, 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 Objections.

Public Works:

Our office has no jurisdiction in this matter.

EXTERNAL:

 

City of Wheaton:

No Comments Received.

Village of Winfield:

No Comments Received.

Milton Township:

No Comments Received.

Township Highway:

No Objections with the concept of the petition. Additional information may be required at time of permit application.

Winfield Fire Dist.:

No Comments Received.

Sch. Dist. 200:

No Comments Received.

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:

REQUIREMENTS:

REQUIRED

EXISTING

PROPOSED

Int. Side Yard:

3’

APPROX. 0’

APPROX. 0’

                                                                                                         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-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