title
O R D I N A N C E
Zoning Petition ZONING-23-000035 Eckler
resolution
WHEREAS, a public hearing was held on June 28, 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:
Conditional Use to allow existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway, on the property hereinafter described:
LOTS 14, 15 AND THE WEST 25 FEET OF LOT 16 IN BLOCK 46 IN EAST WOODLAND ADDITION TO WEST CHICAOG, BEING A SRESUBDIVISION OF LOT 4 (EXCEPT THE WEST 179 FEET THEREOF) IN C.S. BOLLES ASSESSMENT PLAT OF PART OF SECTIONS 10, 11, AND 15, IN TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID EAST WOODLAND ADDITION TO WET CHICAGO, RECORDED JUNE 10, 1925 AS DOCUMENT 194380 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 28, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow an existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway.
B. That petitioner testified that she purchased the camper/RV in January/February 2023.
C. That petitioner testified that she parks the subject camper/RV east-west alongside the existing shed.
D. That petitioner testified that she cannot park the subject camper/RV further to the east (facing an east-west direction) meeting the setback due to the existing septic system.
a. Furthermore, that petitioner testified that she would not like to park the subject camper/RV facing a north-south direction and at least 30 feet back from the corner side property line because she would consider that an eyesore.
E. That Hearing Officer finds that petitioner has not demonstrated or provided sufficient evidence to allow an existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway.
a. In addition, that Hearing Officer finds that not parking the subject camper/RV in the buildable area because it would be considered an eyesore to the petitioner is not a valid reasoning for a Conditional Use and does not demonstrate the evidence required to approve a Conditional Use.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Hearing Officer finds that petitioner has not demonstrated that the granting of the Conditional Use 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 Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not impact or impair the supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not diminish the value of land.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not incur additional public expense for flood protection.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has not demonstrated or provided evidence that a camper/RV to remain parked within the corner side setback would not impair the public health, safety, comfort, morals, or general welfare of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000035 Eckler |
|
ZONING REQUEST |
Conditional Use to allow existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway. |
|
OWNER |
SHARON ECKLER, 28W504 BOLLES AVENUE, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
28W504 BOLLES AVENUE, WEST CHICAGO, IL 60185 |
|
PIN |
04-11-313-032/ 04-11-313-014 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
|
ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
|
AREA |
0.43 ACRES (18,731 SQ. FT.) |
|
UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: JUNE 13, 2023 |
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PUBLIC HEARING |
WEDNESDAY, JUNE 28, 2023 |
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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: |
No Objections. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
City of West Chicago: |
No Comments Received. |
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Village of Winfield: |
No Comments Received. |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Winfield Fire Dist.: |
No Comments Received. |
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Sch. Dist. 33: |
No Comments Received. |
|
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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Corner Side Yard: |
30 FT |
APPROX. 15 FT |
APPROX. 15 FT |
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 |
BOLLES AVENUE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
MORNINGSIDE AVENUE AND BEYOND 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 June 28, 2023, recommends to deny the following zoning relief:
Conditional Use to allow existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on August 15, 2023, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve the motion failed relative to the following zoning relief:
Conditional Use to allow existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway.
Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to allow existing camper/RV to remain parked within the 30' corner side setback (approximately 15' from corner side property line) on the rear driveway, on the property hereinafter described:
LOTS 14, 15 AND THE WEST 25 FEET OF LOT 16 IN BLOCK 46 IN EAST WOODLAND ADDITION TO WEST CHICAOG, BEING A SRESUBDIVISION OF LOT 4 (EXCEPT THE WEST 179 FEET THEREOF) IN C.S. BOLLES ASSESSMENT PLAT OF PART OF SECTIONS 10, 11, AND 15, IN TOWNSHIP 39 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID EAST WOODLAND ADDITION TO WET CHICAGO, RECORDED JUNE 10, 1925 AS DOCUMENT 194380 IN DUPAGE COUNTY, ILLINOIS; and
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; SHARON ECKLER, 28W504 BOLLES AVENUE, WEST CHICAGO, IL 60185; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 22nd of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK