title
Zoning Petition ZONING-24-000013 CTLTC #8002391179
resolution
WHEREAS, a public hearing was held on March 13, 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:
Conditional Use to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line, on the property hereinafter described:
LOT 13 IN BLOCK 3 IN TRI-STATE VILLAGE, A SUBDIVISION OF THAT PART LYING SOUTH OF JOLIET ROAD, OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 17, 1939 AS DOCUMENT NO 405534, 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 March 13, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow an existing fence from 3” to approximately 0” for an existing fence post on the property line.
B. That petitioner originally applied for a Variation for the subject zoning relief, and that the request was converted to a Conditional use at the public hearing, as a Conditional Use is lesser zoning relief than a Variation, and that conditions can therefore be placed on the subject fence to mitigate any future impacts on adjacent properties.
C. That petitioner testified that he purchased the subject property less than one (1) year ago, and that petitioner installed the composite fence to the property line, as he was required to fully enclose the backyard due to a small breed dog that their family adopted.
D. That petitioner testified that a fence that is approximately 0” from the property line is for security purposes of the subject property and to prevent wild animals entering the property with their small dog.
A. That petitioner testified that their adjacent neighbor submitted a signed letter that they do not have any objections to the subject fence.
B. That Hearing Officer finds that petitioner has demonstrated that subject zoning relief to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line does not have any impact on adjacent properties and roadways, does not impact on drainage, and does not impede ventilation and light to the subject property or adjacent properties.
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 existing fence does 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 existing fence does not increase in the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing fence does not diminish the value of land and buildings throughout the County and is an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the existing fence does not unduly increase traffic congestion in the public streets and highways and is located behind the front wall of the house.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the existing fence does 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 existing fence does 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 existing fence is 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-24-000013 CTLTC #8002391179 |
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ZONING REQUEST |
Variation to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line. |
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OWNER |
CTLTC #8002391179, 146 MEADOW COURT, WILLOWBROOK, IL 60527 |
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ADDRESS/LOCATION |
146 MEADOW COURT, WILLOWBROOK, IL 60527 |
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PIN |
09-35-113-002 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
R-4 SF RES |
0-5 DU AC |
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AREA |
0.19 ACRES (8,276 SQ. FT.) |
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UTILITIES |
WATER / SEWER |
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PUBLICATION DATE |
Daily Herald: FEBRUARY 27, 2024 |
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PUBLIC HEARING |
WEDNESDAY, MARCH 13, 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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
No Objections. “We are the sewer and water provider for the area - but this project does not impact our systems.” |
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EXTERNAL: |
|
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City of Darien: |
No Objections. |
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Village of Burr Ridge: |
No Comments Received. |
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Village of Willowbrook: |
No Comments Received. |
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Downers Grove Township: |
No Comments Received. |
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Township Highway: |
No Objections. |
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Tri-State Fire Dist.: |
No Objections. |
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Sch. Dist. 62: |
No Comments Received. |
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Sch. Dist. 86: |
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 the sizable distance between the subject property and the 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: |
3” |
APPROX 0” |
APPROX 0” |
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 |
MEADOW COURT AND BEYOND R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
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 March 13, 2024, recommends to approve the following zoning relief:
Conditional Use to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line.
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-24-000013 CTLTC #8002391179 dated March 13, 2024.
2. That the Conditional Use zoning relief shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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 April 16, 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:
Conditional Use to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line.
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-24-000013 CTLTC #8002391179 dated March 13, 2024.
2. That the Conditional Use zoning relief shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to reduce the interior setback of an existing fence from 3” to approximately 0” for an existing fence post on the property line, on the property hereinafter described:
LOT 13 IN BLOCK 3 IN TRI-STATE VILLAGE, A SUBDIVISION OF THAT PART LYING SOUTH OF JOLIET ROAD, OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 17, 1939 AS DOCUMENT NO 405534, 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-24-000013 CTLTC #8002391179 dated March 13, 2024.
2. That the Conditional Use zoning relief shall expire after ten (10) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That petitioner maintains the existing landscaping around the perimeter of the subject property.
5. 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; CTLTC #8002391179, 146 MEADOW COURT, WILLOWBROOK, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 23rd day of April, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK