title
Zoning Petition ZONING-25-000008 Smiley
resolution
WHEREAS, a public hearing was held on April 2, 2025 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:
1. Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet.
2. Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet, on the property hereinafter described:
LOT 18 IN BLOCK 5 IN BRANIGAR’S WOODDALE HIGHLANDS, BEING A SUBDIVISION IN SECTIONS 9 AND 10, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 29, 1940 AS DOCUMENT 414380, 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 April 16, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet and a Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet.
B. That petitioner testified that he purchased the subject property in 2023, and that the existing house was built in the 1940s, with an addition constructed in 2016.
C. That petitioner testified that both the existing home, including the front porch and rear deck, were constructed too close to corner side property line, and that in order to replace the front porch and rear deck, the subject zoning relief is required.
D. That petitioner testified that the existing front porch needs to be redone due to a failing porch foundation.
a. Additionally, that petitioner testified that he will be replacing the existing front porch with a new porch in the exact same location and size.
E. That petitioner testified that the existing rear deck needs to be replaced and that he plans to remove the existing deck, replace the deck, and expand it to meet the pool.
F. That petitioner testified that without a rear deck, there is no way to exit the rear of his house due to the elevation of the existing home.
G. That petitioner testified that he has existing landscaping along the Foster Avenue corner side property line, including trees and arborvitae.
H. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for the subject zoning relief and has demonstrated evidence for a hardship in relation to the subject property.
a. Petitioner demonstrated that he is replacing the front porch in the same location and size as the existing front porch, which was constructed too close to the corner side property line, and that petitioner is replacing and expanding the rear deck to meet the existing pool.
b. Petitioner demonstrated that the existing house, including the existing front porch and rear deck, were constructed too close to the corner side property line, and that the subject zoning relief would be required in order to replace the porch and deck.
c. Petitioner also demonstrated that the only way he can access the rear of the subject house is through a deck due to the elevation of the house.
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; and specifically, that 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 he is replacing the existing front porch and rear deck, which were both constructed too close to the corner side property line and do not impair an adequate supply of light and air to adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that he will obtain a building permit for the proposed new front porch and rear deck, and that both will be built pursuant to all building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that he is replacing the existing front porch and rear deck and that the proposed construction will be an added benefit to the surrounding area.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that he is replacing the existing front porch and rear deck, which were both constructed too close to the corner side property line and do 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 new front porch and rear deck 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 new front porch and rear deck will not incur additional 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 new front porch and rear deck will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County and will be an added benefit to the surrounding area.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000008 Smiley |
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ZONING REQUEST |
1. Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet. 2. Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet. |
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OWNER |
AUSTIN AND JENNIFER SMILEY, 514 N CEDAR AVENUE, WOOD DALE, IL 60191 |
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ADDRESS/LOCATION |
514 N CEDAR AVENUE, WOOD DALE, IL 60191 |
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PIN |
03-10-301-027 |
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TWSP./CTY. BD. DIST. |
ADDISON |
DISTRICT 1 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.45 ACRES (19,602 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: MARCH 18, 2025 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 2, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objection. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in the area.” |
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EXTERNAL: |
|
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City of Wood Dale: |
No Comments Received. |
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Village of Itasca: |
No Comments Received. |
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Elk Grove Village: |
No Comments Received. |
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Village of Bensenville: |
No Comments Received. |
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Village of Addison: |
Our office has no jurisdiction in this matter. |
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Addison Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Wood Dale Fire Dist.: |
Our office has no jurisdiction in this matter. |
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Sch. Dist. #7: |
No Comments Received. |
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Sch. Dist. #100: |
No Comments Received. |
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Forest Preserve: |
“District staff have reviewed the information provided with the Public Notice and we have no comments.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
30’ 27’ |
APPROX. 10’ APPROX. 20’ |
APPROX. 10’ APPROX. 20’ |
LAND USE:
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
FOSTER AVENUE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
CEDAR AVENUE AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 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 April 16, 2025, recommends to approve the following zoning relief:
1. Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet.
2. Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet.
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-25-000008 Smiley dated April 2, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. 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 May 20, 2025, 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:
1. Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet.
2. Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet.
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-25-000008 Smiley dated April 2, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion 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:
1. Variation to reduce the corner side setback for a new deck from required 30 feet to approximately 10 feet.
2. Variation to reduce the corner side setback for a new front porch from required 27 feet to approximately 20 feet, on the property hereinafter described:
LOT 18 IN BLOCK 5 IN BRANIGAR’S WOODDALE HIGHLANDS, BEING A SUBDIVISION IN SECTIONS 9 AND 10, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 29, 1940 AS DOCUMENT 414380, 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-25-000008 Smiley dated April 2, 2025.
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 petitioner maintains the existing landscaping around the perimeter of the subject property.
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; AUSTIN AND JENNIFER SMILEY, 514 N CEDAR AVENUE, WOOD DALE, IL 60191; and Township Assessor, Addison Township, 401 North Addison Road, Addison, IL 60101.
end
Enacted and approved this 27th day of May, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK