title
Zoning Petition ZONING-23-000081 Petersen
resolution
WHEREAS, a public hearing was held on November 1, 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:
Variation to reduce the interior side setback from required 10' to approximately 3' for a new detached accessory building (10'x12' shed), on the property hereinafter described:
LOT 5, IN BLOCK 4 IN ARTHUR T. MCINTOWSH AND COMPANY’S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2 TO 12 (EXCEPT PART OF 10 AND 11) OF ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, 14, AND 15, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MCINTOSH AND CO’S LISLE FARMS RECORDED DECEMBER 31, 1924, AS DOUCMENT 186704, 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 November 1, 2023, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the proposed zoning relief is to reduce the interior side setback from required 10' to approximately 3' for a new detached accessory building (10'x12' shed).
B. That petitioner testified that they purchased the subject property in 2000.
C. That petitioner testified that they are replacing an existing, 7’x7’ shed with a new shed in the same location, approximately 3’ from the interior property line due to the location of the existing septic system and lines.
a. Furthermore, that petitioner testified that they cannot meet the required 10’ setback due to the existing septic lines and that they cannot place the shed towards the rear of the subject property (west) due to existing, designated floodplain.
D. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty for the requested zoning relief to reduce the interior side setback from required 10' to approximately 3' for a new detached accessory building (10'x12' shed), as petitioner is unable to meet the required interior side setback due to the existing septic system to the north and designated floodplain to the west.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
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 shed will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed shed will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed shed.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed shed 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 shed will not unduly increase traffic congestion in the public streets and highways, and that it will not impact line-of-sight clearance for vehicles.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed shed will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed shed 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 shed space 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-23-000081 Petersen |
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ZONING REQUEST |
Variation to reduce the interior side setback from required 10' to approximately 3' for a new detached accessory building (10'x12' shed). |
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OWNER |
KATHRYN L PETERSEN, 5708 RIVERVIEW DRIVE, LISLE, IL 60532 |
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ADDRESS/LOCATION |
5708 RIVERVIEW DRIVE, LISLE, IL 60532 |
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PIN |
08-15-209-011 |
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TWSP./CTY. BD. DIST. |
LISLE |
DISTRICT 2 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.67 ACRES (29,185 SQ. FT.) |
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UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: OCTOBER 17, 2023 |
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PUBLIC HEARING |
NOVEMBER 1, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. “Additional information may be required since the proposed shed appears to be in a special management area.” |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Stormwater: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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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 Lisle: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Village of Woodridge: |
“This is outside of our planning boundary.” |
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Lisle Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 202 : |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County staff have reviewed the information provided in this notice and 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. 2.2’ |
APPROX. 3’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
South |
VILLAGE OF LISLE |
HOUSE |
VILLAGE OF LISLE |
|
East |
RIVERVIEW DRIVE AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
VILLAGE OF LISLE |
PARK DISTRICT |
VILLAGE OF LISLE |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on November 1, 2023, recommends to approve the following zoning relief:
Variation to reduce the interior side setback from required 10' to approximately 3' for a new detached accessory building (10'x12' shed).
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-23-000081 Petersen on November 1, 2023.
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 November 21, 2023, 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 3' for a new detached accessory building (10'x12' shed).
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-23-000081 Petersen on November 1, 2023.
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.
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 3' for a new detached accessory building (10'x12' shed), on the property hereinafter described:
LOT 5, IN BLOCK 4 IN ARTHUR T. MCINTOWSH AND COMPANY’S LISLE FARMS, BEING A SUBDIVISION OF LOTS 2 TO 12 (EXCEPT PART OF 10 AND 11) OF ASSESSMENT PLAT OF PARTS OF SECTION 10, 11, 14, AND 15, TOWNSHIP 38 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID ARTHUR T. MCINTOSH AND CO’S LISLE FARMS RECORDED DECEMBER 31, 1924, AS DOUCMENT 186704, 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-23-000081 Petersen on November 1, 2023.
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; KATHRYN L PETERSON, 5708 RIVERVIEW DRIVE, LISLE, IL 60532; and Township Assessor, Lisle Township, 4721 Indiana Avenue, Lisle, IL 60532
end
Enacted and approved this 28th day of November, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK