title
Zoning Petition ZONING-24-000040 Jimenez
resolution
WHEREAS, a public hearing was held on July 24, 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:
1. Variation to reduce the west interior side setback from required 20 feet to approximately 13 feet for a house addition.
2. Variation to reduce the east interior side setback from required 20 feet to approximately 10 feet for a house addition, on the property hereinafter described:
LOT 44 IN PRINCE CROSSING FARMS, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 23, 1927 AS DOCUMENT 247293, 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 July 24, 2024, does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to reduce the west and east interior side setbacks for a house addition.
B. That petitioner testified that the subject property is currently zoned R-1 Single Family Residential, which requires twenty (20) foot side yard setbacks, and that the existing home was built less than twenty (20) feet from the interior side property lines.
C. That petitioner testified that the existing home was built on an angle, and that zoning relief would be required in order to build an addition on the subject home due to the existing layout of the subject property.
D. That petitioner testified that they have lived at the subject property for approximately seven (7) years.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated sufficient evidence for a practical difficulty and particular hardship, as petitioner indicated that the existing home was built on an angle (not perpendicular to the street) with the house setback less than twenty (20) feet on the interior sides, and that in order to build an addition onto the existing home, the addition would be less than twenty (20) feet from the interior side property lines due to the layout of the subject house 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 house addition will follow the existing house setbacks and therefore, 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 they will receive a building permit for the proposed house addition, and that it will be built pursuant to the current building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed house addition will be an added benefit to the neighborhood and will 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 house addition will 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 house addition 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 house addition 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 house addition will not impair the public health, safety, comfort, morals, or general welfare and will be an added benefit to the neighborhood.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000040 Jimenez |
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ZONING REQUEST |
1. Variation to reduce the west interior side setback from required 20 feet to approximately 13 feet for a house addition. 2. Variation to reduce the east interior side setback from required 20 feet to approximately 10 feet for a house addition. |
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OWNER |
MANUEL & CYNTHIA JIMENEZ, 28W649 HICKORY LANE, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
28W649 HICKORY LANE, WEST CHICAGO, IL 60185 |
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PIN |
04-02-103-004 |
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TWSP./CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
R-1 SF RES |
0-5 DU AC |
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AREA |
0.55 ACRES (23,958 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: JULY 9, 2024 |
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PUBLIC HEARING |
WEDNESDAY, JULY 24, 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: |
No Objections. “Health Department permit ONOO25079 was approved for this project.” |
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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: |
“DPC PW doesn’t have any sewer or water mains in the area, they are in West Chicago Sanitary District.” |
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EXTERNAL: |
|
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City of West Chicago: |
No Comments Received. |
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Village of Carol Stream: |
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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West Chicago Fire Dist.: |
No Comments Received. |
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Sch. Dist. 25: |
“Benjamin 25 has no concerns with this zoning appeal.” |
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Sch. Dist. 94: |
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 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: |
20’ |
20’ |
13’ |
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Int. Side Yard: |
20’ |
11’8” |
10’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
North |
HICKORY LANE AND BEYOND R-1 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
East |
R-1 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-1 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 July 24, 2024, recommends to approve the following zoning relief:
1. Variation to reduce the west interior side setback from required 20 feet to approximately 13 feet for a house addition.
2. Variation to reduce the east interior side setback from required 20 feet to approximately 10 feet for a 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-24-000040 Jimenez dated July 24, 2024.
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 August 20, 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:
1. Variation to reduce the west interior side setback from required 20 feet to approximately 13 feet for a house addition.
2. Variation to reduce the east interior side setback from required 20 feet to approximately 10 feet for a 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-24-000040 Jimenez dated July 24, 2024.
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 (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:
1. Variation to reduce the west interior side setback from required 20 feet to approximately 13 feet for a house addition.
2. Variation to reduce the east interior side setback from required 20 feet to approximately 10 feet for a house addition, on the property hereinafter described:
LOT 44 IN PRINCE CROSSING FARMS, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 23, 1927 AS DOCUMENT 247293, 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-24-000040 Jimenez dated July 24, 2024.
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; MANUEL & CYNTHIA JIMENEZ, 28W649 HICKORY LANE, WEST CHICAGO, IL 60185; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 27th day of August, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK