Legislation Details

File #: DC-O-0022-26    Version: 1
Type: Development Ordinance Status: Adopted
File created: 6/24/2026 In control: Development Committee
On agenda: 7/7/2026 Final action: 7/14/2026
Title: Zoning Petition ZONING-26-000020 DeRose
Attachments: 1. Z-26-000020 DeRose Cty. Bd. (07-14-2026)

 

title

Zoning Petition ZONING-26-000020 DeRose

resolution

 

 

WHEREAS, a public hearing was held on June 3, 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 corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition, on the property hereinafter described:

 

LOT 1 AND 2 IN BLOCK 2 OF WHEATON TERRACE, BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 7, 1927, AS DOCUMENT 229363, AND CERTIFICATE OF CORRECTION RECORDED JULY 16, 1927 AS DOCUMENT 239660, 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 17, 2026, does find as follows:

 

FINDINGS OF FACT:

1.                     That petitioner testified that the subject zoning relief is for a Variation to reduce the corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition.

 

2.                     That petitioner testified that he proposed to build an addition to the existing residence.

 

3.                     That petitioner testified that they were unable to add a second story addition as it would not be structurally sound, resulting in proposing an addition onto the north side of the home.

 

4.                     That petitioner testified that the subject property presents a hardship due to the size, shape and configuration of the lot limits the buildable area available.

 

5.                     That petitioner testified that the proposed addition will not alter the character of the neighborhood.

 

6.                     That the Zoning Hearing Officer finds that the Petitioner has demonstrated a practical difficulty and particular hardship warranting the requested Variations. Specifically, due to the lot shape, size and configuration limits the buildable area available on the property. 

 

STANDARDS FOR VARIATIONS:

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 proposed addition 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 they will obtain a building permit for the proposed addition and that it will be built pursuant to all DuPage County building codes.

 

c.                     Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed addition will be an added benefit to the surrounding area and 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 demonstrated that the proposed addition will not increase traffic congestion in the public streets and highways.

 

e.                     Increase the potential for flood damages to adjacent property as petitioner has demonstrated that they will receive a building permit for the proposed addition and 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 they will receive a building permit for the proposed addition and 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 addition will meet all building requirements and will not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.

 

 

 

 

 

 

GENERAL ZONING CASE INFORMATION

CASE #/PETITIONER: ZONING-26-000020 DeRose

ZONING REQUEST: Variation to reduce the corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition.

OWNER: JEFFREY P. DEROSE, 1S680 CARROL GATE ROAD, WHEATON, IL 60189

ADDRESS/LOCATION: 1S680 CARROL GATE ROAD, WHEATON, IL 60189

PIN: 05-20-313-004

TWSP./CTY. BD. DIST.: MILTON / DISTRICT 4

ZONING/LUP: R-3 SF RES / 0-5 DU AC

AREA: 0.51 ACRES (22,111 SQ. FT.)

UTILITIES: WELL/SEWER

PUBLICATION DATE: DAILY HERALD: MAY 19, 2026

PUBLIC HEARING: WEDNESDAY, JUNE 3, 2026

 

ADDITIONAL INFORMATION: 

Building: No objections or concerns with the petition.

DUDOT: No Comments Received.

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

                     “The private water well is in front of the house, close to the driveway and near the proposed new addition. Owners must take extra precautions during construction to protect the well.”

Stormwater: No objections or concerns with the concept of the petition. Additional information may be required at time of permit application.

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 Winfield: No Comments Received.

Milton Township: No Comments Received.

Township Highway: No objections or concerns with the concept of the petition. Additional information may be required at time of permit application.

Wheaton Fire Dist.: No Comments Received.

Sch. Dist. 200: No Comments Received.

Forest Preserve: “Forest Preserve District of DuPage County staff have reviewed the Public Notice for Cases ZONING-26-000016 771 Butterfield, LLC., ZONING-26-000022 Starodub, ZONING-26-000021 Prothe, and ZONING-26-000020 DeRose, and we don’t have any comments / concerns.”

 

GENERAL BULK REQUIREMENTS

                     Front Yard

o                     Required: 30 FT                     

o                     Existing: APPROX. 31 FT

o                     Proposed: APPROX. 31 FT

                     Corner Side Yard

o                     Required: 30 FT

o                     Existing: APPROX. 17 FT

o                     Proposed: APPROX. 17 FT

 

LAND USE

Subject Property:

                     Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

North of Subject Property:

                     Zoning: PLAMONDON ROAD AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

South of Subject Property:

                     Zoning: R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

East of Subject Property:

                     Zoning: CARROL GATE ROAD AND BEYOND R-3 SF RES / Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC

West of Subject Property:

                     Zoning: R-3 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 17, 2026, recommends to approve the following zoning relief:

 

Variation to reduce the corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition.

 

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-26-000020 DeRose dated June 3, 2026.  

 

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 July 7, 2026, 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 corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition.

 

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-26-000020 DeRose dated June 3, 2026.  

 

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 (Motion to Approve): 6 Ayes, 0 Nays, 0 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 corner side setback from permitted 30 feet to approximately 17 feet, for a new, single-story house addition, on the property hereinafter described:

 

LOT 1 AND 2 IN BLOCK 2 OF WHEATON TERRACE, BEING A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 20, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 7, 1927, AS DOCUMENT 229363, AND CERTIFICATE OF CORRECTION RECORDED JULY 16, 1927 AS DOCUMENT 239660, 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-26-000020 DeRose dated June 3, 2026.  

 

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; JEFFREY P. DEROSE, 1S680 CARROL GATE ROAD, WHEATON, IL 60189; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.

 

end

Enacted and approved this 14th of July, 2026 at Wheaton, Illinois.

 

 

 

________________________________

 

DEBORAH A. CONROY, CHAIR

DU PAGE COUNTY BOARD

 

 

 

Attest: ___________________________________

 

JEAN KACZMAREK, COUNTY CLERK