title
Zoning Petition ZONING-25-000014 Trauth
resolution
WHEREAS, a public hearing was held on April 30, 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:
Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location, on the property hereinafter described:
PART OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SECTION 18; THENCE SOUTH 0 DEGREES 34 MINUTES EAST ON THE SECTION LINE 260.7 FEET TO AN IRON PIPE STAKE IN THE CENTER OF OLD PLANK ROAD; THENCE SOUTHWESTERLY IN THE CENTER OF OLD PLANK ROAD 565.7 FEET FOR A PLACE OF BEGINNING; THENCE SOUTHWESTERLY IN THE CENTER OF OLD PLANK ROAD 203.7 FEET TO AN IRON PIPE STAKE; THENCE NORTHEASTERLY 222.0 FEET TO A POINT 117.5 FEET EAST OF THE WESTERLY LINE OF THE WILLIAM A. SCHULTZ FARM; THENCE EAST 118 FEET TO AN IRON PIPE STAKE; THENCE SOUTHERLY 70.2 FEET TO A PLACE OF BEGINNING, 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 May 7, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location.
B. That petitioner testified that he has owned and lived on the subject property for over forty-one (41) years.
C. That petitioner testified that the existing deck is over forty-one (41) years old and needs to be replaced due to its current condition.
D. That petitioner testified that he requires the subject zoning relief due to the angle of the existing house on the subject property, requiring a rear deck to be closer to the interior side property line.
E. That petitioner testified that without a rear deck, there is no way to access the rear of his house due to elevation of the existing house.
a. Furthermore, that the subject home has French doors that open up onto the rear deck and that they are unable to relocate the access from the home due to the elevation of the subject property and layout of the subject home.
F. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for the subject zoning relief and has demonstrated evidence for a hardship in relation to the subject property.
a. That petitioner demonstrated that he would replace the rear deck in the same location and size as the existing rear deck, which was constructed too close to the interior side property line.
b. That petitioner demonstrated that the only way he can access the rear of the subject house is through the rear deck due to the elevation of the existing 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 rear deck, which was originally constructed too close to the corner side property line and does 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 rear deck, and that it 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 rear deck with a new 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 the rear deck is located behind the front wall of the subject home and does 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 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 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 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-25-000014 Trauth |
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ZONING REQUEST |
Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location. |
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OWNER |
EDWARD J & CHERYL TRAUTH, 1007 PLANK ROAD, NAPERVILLE, IL 60563 |
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ADDRESS/LOCATION |
1007 PLANK ROAD, NAPERVILLE, IL 60563 |
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PIN |
08-18-206-007 |
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TWSP./CTY. BD. DIST. |
Lisle |
District 5 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.27 ACRES (11,761 SQ. FT.) |
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UTILITIES |
WELL/SEWER |
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PUBLICATION DATE |
Daily Herald: APRIL 15, 2025 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 30, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
|
DUDOT: |
No Comments Received. |
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Health: |
No Comments Received. |
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Stormwater: |
No Objections. |
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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 Naperville: |
No Comments Received. |
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Village of Lisle: |
No Comments Received. |
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Lisle Township: |
No Comments Received. |
|
Township Highway: |
No Comments Received. |
|
Naperville Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 203: |
No Comments Received. |
|
Forest Preserve: |
“Forest Preserve District staff have reviewed the information provided and do not have any comments.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Rear Yard: |
3 FT |
APPROX. 2 FT |
APPROX. 2 FT |
LAND USE:
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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 |
PLANK ROAD AND BEYOND CITY OF NAPERVILLE |
VACANT |
0-5 DU AC |
|
East |
R-4 SF RES |
VACANT |
0-5 DU AC |
|
West |
UNIMPROVED ROW 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 May 7, 2025, recommends to approve the following zoning relief:
Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location.
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-25-000014 Trauth dated April 30, 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:
Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location.
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-25-000014 Trauth dated April 30, 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:
Variation to reduce the interior side setback for a new deck from required 3 feet to approximately 2 feet, to replace an existing deck with a new deck in the same location, on the property hereinafter described:
PART OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SECTION 18; THENCE SOUTH 0 DEGREES 34 MINUTES EAST ON THE SECTION LINE 260.7 FEET TO AN IRON PIPE STAKE IN THE CENTER OF OLD PLANK ROAD; THENCE SOUTHWESTERLY IN THE CENTER OF OLD PLANK ROAD 565.7 FEET FOR A PLACE OF BEGINNING; THENCE SOUTHWESTERLY IN THE CENTER OF OLD PLANK ROAD 203.7 FEET TO AN IRON PIPE STAKE; THENCE NORTHEASTERLY 222.0 FEET TO A POINT 117.5 FEET EAST OF THE WESTERLY LINE OF THE WILLIAM A. SCHULTZ FARM; THENCE EAST 118 FEET TO AN IRON PIPE STAKE; THENCE SOUTHERLY 70.2 FEET TO A PLACE OF BEGINNING, 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-25-000014 Trauth dated April 30, 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; EDWARD J & CHERYL TRAUTH, 1007 PLANK ROAD, NAPERVILLE, IL 60563; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
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