title
Zoning Petition ZONING-25-000038 GIN/SODY Investments, LLC.
resolution
WHEREAS, a public hearing was held on July 16, 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:
1. Variation to allow an 8' privacy fence within the 40' front yard setback.
2. Variation to allow an 8' privacy fence within the 30' corner side yard setback, on the property hereinafter described:
LOT 7 IN HANS NIELSEN SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF LOT 42 LYING WEST OF THE RIGHT OF WAY OF THE TRI-STATE HIGHWAY OF ASSESSMENT DIVISION IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, 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 August 20, 2025 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Variation to allow an 8' privacy fence within the 40' front yard setback and a Variation to allow an 8' privacy fence within the 30' corner side yard setback.
B. That petitioner testified that subject property is a wellness center that has guests/clients visiting their grounds, both indoors and outdoors.
C. That petitioner testified that they require a taller privacy fence in the front and corner side yard setbacks due to the location of the subject property directly adjacent to Route 83/Kingery Highway and located on a dead-end street.
a. That petitioner testified that they frequently have trespassers on the subject property and that in order to protect the safety of their guests, petitioner requires an 8' privacy fence.
D. That petitioner testified that the proposed privacy fence will also act as a sound barrier to protect exterior noises from Route 83 from impacting their guests/clients.
E. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship as the subject property is located directly adjacent to Route 83/Kingery Highway and a dead end street, and that in order to protect the subject property from trespassers and increased sound from Route 83, petitioner requires an 8' privacy fence in both the front and corner side setbacks.
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 subject property is located directly adjacent to Route 83 and that the proposed fence will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain a building permit for all proposed work and therefore will not increase the hazard from fire or other dangers.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed fence will be an added benefit to the area 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 fence 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 fence 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 fence 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 fence will be an added benefit to the surrounding area and will not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER'S DEVELOPMENT FACT SHEET
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER
ZONING-25-000038 GIN/SODY Investments, LLC.
ZONING REQUEST
1. Variation to allow an 8' privacy fence within the 40' front yard setback
2. Variation to allow an 8' privacy fence within the 30' corner side yard setback.
OWNER
GIN/SODY INVESTMENTS, LLC., 16W501 NIELSON LANE, WILLOWBROOK, IL 60527 / AGENT: CHAD SODERHOLM, 16W501 NIELSON LANE, WILLOWBROOK, IL 60527
ADDRESS/LOCATION
16W501 NIELSON LANE, WILLOWBROOK, IL 60527
PIN
10-11-100-022
TWSP./CTY. BD. DIST.
DOWNERS GROVE
DISTRICT 3
ZONING/LUP
B-1 LOCAL BUSINESS
0-5 DU AC
AREA
2.16 ACRES (94,090 SQ. FT.)
UTILITIES
WATER/SEWER
PUBLICATION DATE
Daily Herald: JULY 1, 2025
PUBLIC HEARING
WEDNESDAY, JULY 16, 2025
ADDITIONAL INFORMATION:
Building:
No Objections.
DUDOT:
Our office has no jurisdiction in this matter.
Health:
No Objections with the concept of the petition. Additional information may be required at the time of permit application.
Stormwater:
No Objections with the concept of the petition. Additional information may be required at the time of permit application.
"The proposed fence locations cross a deep channel and are adjacent to stormwater dentition basins, necessitating specialized engineering to prevent adverse impacts on this and surrounding properties."
Public Works:
"DPC owns a sewer and water main on the east side of Kingery and a sewer main on the south side of Nielson, based on the drawing they submitted, these lines will not be affected by the proposed fence."
EXTERNAL:
Village of Burr Ridge:
No Comments Received.
City of Darien:
No Comments Received.
Village of Lemont:
No Comments Received.
Downers Grove Township:
No Comments Received.
Township Highway:
No Comments Received.
Tri-State Fire Dist.:
No Objections.
Sch. Dist. 180:
"We have No Objection."
Sch. Dist. 86:
No Objections.
Forest Preserve:
"We do not have any comments."
LAND USE:
Location
Zoning
Existing Use
LUP
Subject
B-1 LOCAL BUSINESS
COMMERCIAL
0-5 DU AC
North
NIELSON LANE AND BEYOND R-6 MULTI-FAM
MULTI-FAMILY
5-15 du ac
South
R-4 SF RES
PLACE OF ASSEMBLY
0-5 DU AC
East
ROUTE 83 AND BEYOND VILLAGE OF BURR RIDGE
HOUSE
VILLAGE OF BURR RIDGE
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 August 20, 2025, recommends to approve the following zoning relief:
1. Variation to allow an 8' privacy fence within the 40' front yard setback.
2. Variation to allow an 8' privacy fence within the 30' corner side yard setback.
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-25-000038 GIN/SODY Investments, LLC. dated July 16, 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 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 September 2, 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:
1. Variation to allow an 8' privacy fence within the 40' front yard setback.
2. Variation to allow an 8' privacy fence within the 30' corner side yard setback.
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-25-000038 GIN/SODY Investments, LLC. dated July 16, 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 the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion 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 allow an 8' privacy fence within the 40' front yard setback.
2. Variation to allow an 8' privacy fence within the 30' corner side yard setback, on the property hereinafter described:
LOT 7 IN HANS NIELSEN SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF LOT 42 LYING WEST OF THE RIGHT OF WAY OF THE TRI-STATE HIGHWAY OF ASSESSMENT DIVISION IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, 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-25-000038 GIN/SODY Investments, LLC. dated July 16, 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 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; GIN/SODY INVESTMENTS, LLC., 16W501 NIELSON LANE, WILLOWBROOK, IL 60527 / AGENT: CHAD SODERHOLM, 16W501 NIELSON LANE, WILLOWBROOK, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 9th of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK