title
Zoning Petition ZONING-24-000026 K&D Elite LLC
resolution
WHEREAS, a public hearing was held on May 15, 2024 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 10' to approximately 1' to build a detached garage, on the property hereinafter described:
THE WEST 90 FEET OF THE EAST 331.65 FEET OF THE SOUTH 165 FEET OF THE NORTH 1023 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLIINOIS; 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 May 15, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he requested the subject zoning relief in order to rebuild a demolished detached garage, which requires him to reduce the interior side setback from required 10' to approximately 1' to build a detached garage.
B. That petitioner testified that he purchased the subject property in 2023 and that the previous detached garage was dilapidated and was demolished by petitioner shortly after purchasing the subject property.
C. That petitioner testified that the subject property does not have an attached garage and currently has no garage on the property.
D. That petitioner testified that due to the septic field location in the rear yard, he would like to rebuild to a 20’ x 20’ detached garage in the same location as the previous detached garage.
a. That petitioner supplied a Health Department septic drawing from 1988 depicting the septic system location throughout the rear yard.
E. That the Zoning Hearing Officer finds that petitioner provided sufficient evidence to support a Variation to reduce the interior side setback from required 10' to approximately 1' to build a detached garage, and that due to the septic system location in the rear yard, the only location for a new detached garage is to construct it approximately one (1) foot from the interior side yard.
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 detached garage will replace the previous detached garage in the same location, and that it will 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 demonstrated that he will obtain a building permit for the proposed detached garage and that it will be built pursuant to the current building code.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed detached garage 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 proposed detached garage will be built behind the front wall of the house and 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 detached garage 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 detached garage 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 detached garage 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-24-000026 K&D ELITE LLC. |
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ZONING REQUEST |
Variation to reduce the interior side setback from required 10' to approximately 1' to build a detached garage. |
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OWNER |
K & D ELITE LLC. & MICELI 5 LLC., P.O BOX 2074, PALATINE, IL 60078 / 22W044 THORNDALE AVENUE, MEDINAH, IL 60157 / AGENT: MIKE CZERWINSKI, JD PRO ELECTRIC, 9230 GRAND AVENUE, FRANKLIN PARK, IL 60131 |
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ADDRESS/LOCATION |
22W044 THORNDALE AVENUE, MEDINAH, IL 60157 |
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PIN |
02-02-403-012 |
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TWSP./CTY. BD. DIST. |
BLOOMINGDALE |
DISTRICT 1 |
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ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
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AREA |
0.34 ACRES (14,810 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: APRIL 30, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MAY 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 Objections. “Revised - Septic contractor provided septic line location, which is in compliance with the setback requirements.” |
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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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Village of Roselle: |
No Comments Received. |
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City of Itasca: |
No Comments Received. |
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Village of Bloomingdale: |
No Comments Received. |
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Bloomingdale Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Roselle Fire Dist.: |
No Comments Received. |
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Sch. Dist. 11: |
No Comments Received. |
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Sch. Dist. 108: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, 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: |
10’ |
APPROX. 1.9’ |
APPROX. 1’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-3 SF RES |
SCHOOL |
0-5 DU AC |
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South |
THORNDALE ROAD AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
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East |
R-3 SF RES |
SCHOOL |
0-5 DU AC |
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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 May 15, 2024, recommends to approve the following zoning relief:
Variation to reduce the interior side setback from required 10' to approximately 1' to build a detached garage.
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-24-000026 K&D Elite LLC. dated May 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 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 June 4, 2024, 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 10' to approximately 1' to build a detached garage.
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-24-000026 K&D Elite LLC. dated May 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 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 10' to approximately 1' to build a detached garage, on the property hereinafter described:
THE WEST 90 FEET OF THE EAST 331.65 FEET OF THE SOUTH 165 FEET OF THE NORTH 1023 FEET OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLIINOIS; 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-24-000026 K&D Elite LLC. dated May 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 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; K & D ELITE LLC. & MICELI 5 LLC., P.O BOX 2074, PALATINE, IL 60078 / 22W044 THORNDALE AVENUE, MEDINAH, IL 60157 / AGENT: MIKE CZERWINSKI, JD PRO ELECTRIC, 9230 GRAND AVENUE, FRANKLIN PARK, IL 60131; and Township Assessor, Bloomingdale Township, 123 N. Rosedale, Bloomingdale, IL 60108.
end
Enacted and approved this 11th day of June, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK