title
Zoning Petition ZONING-26-000021 Prothe
resolution
WHEREAS, a public hearing was held on June 3, 2026, 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 side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches), on the property hereinafter described:
LOT 63 IN GLEN BRIAR, A SUBDIVISION OF LOTS 1 AND 2 IN MOULD’S ASSESSMENT PLAT OF PARTS OF SECTION 25 AND 26, TOWNSHIP 39 NORTH RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OG GLEN BRIAR RECORDED AUGUST 23, 1978, 1978 AS DOCUMENT R78-79639 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 June 17, 2026, does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is for a Variation to reduce the side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches).
2. That petitioner testified that he has lived at the subject property for approximately one (1) year.
3. That petitioner testified that the proposed driveway expansion is to allow for additional space for his children who will soon be driving.
4. That petitioner testified that the expansion would line up with the existing walkway, which was built with the house, that is 0.8 feet from the side property line.
5. That petitioner testified that the driveway cannot be expanded on the opposite side due to the existing opening of the garage door.
6. That petitioner testified that between the subject property and the adjacent neighboring property there is a 12-foot strip of vacant land used as an access point to the detention pond located behind the subject property.
7. That the Zoning Hearing Officer finds that the Petitioner has demonstrated a practical difficulty and particular hardship warranting the requested Variations.
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 driveway expansion 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 the proposed driveway expansion and that it will be built pursuant to all DuPage County building codes.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed driveway expansion will be an added benefit to the surrounding area and 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 driveway expansion will not increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that they will receive a building permit for the proposed driveway expansion and 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 they will receive a building permit for the proposed driveway expansion and 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 driveway expansion will meet all building requirements and will not impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County.
GENERAL ZONING CASE INFORMATION
CASE #/PETITIONER: ZONING-26-000021 Prothe
ZONING REQUEST: Variation to reduce the side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches).
OWNER: GREGG & JESSICA PROTHE, 2S527 DANBURY DRIVE, GLEN ELLYN, IL 60137
ADDRESS/LOCATION: 2S527 DANBURY DRIVE, GLEN ELLYN, IL 60137
PIN: 05-25-305-018
TWSP./CTY. BD. DIST.: MILTON/ DISTRICT 4
ZONING/LUP: R-4 SF RES / 0-5 DU AC
AREA: 0.21 ACRES (9,148 SQ. FT.)
UTILITIES: WATER/ SEWER
PUBLICATION DATE: DAILY HERALD: MAY 19, 2026
PUBLIC HEARING: WEDNESDAY, JUNE 3, 2026
ADDITIONAL INFORMATION:
Building: No objections or concerns with the petition.
DUDOT: No Comments Received.
Health: Our office has no jurisdiction in this matter.
Stormwater: No objections or concerns with the concept of the petition. Additional information may be required at time of permit application.
Public Works: “DPC Public Works doesn’t own any sewer or water mains in this area.”
EXTERNAL:
Village of Lombard: “This property is outside Lombard’s planning boundary. Therefore, we have no comment on the petition.”
Village of Downers Grove: “The Village of Downers Grove has no comments.”
City of Wheaton: No Comments Received.
Village of Glen Ellyn: I object / have concerns with the petition.
• “The subject property is located within the planning jurisdiction of the Village of Glen Ellyn. Section 10-5-5(C)(1) of the Village Code requires that the minimum distance between the edge of an impervious surface and the lot line is equal to 3% of the lot width. If the property were to be annexed to the Village at any time in the future, the proposed condition would be considered existing non-conforming and would be subject to the conditions of Section 10-8-6 of the Village Code regulating nonconforming structures.”
Milton Township: No Comments Received.
Township Highway: No objections or concerns with the concept of the petition. Additional information may be required at time of permit application.
Lisle-Woodridge Fire Dist.: No Comments Received.
Sch. Dist. 89: No Comments Received.
Sch. Dist. 87: No Comments Received.
Forest Preserve: “Forest Preserve District of DuPage County staff have reviewed the Public Notice for Cases ZONING-26-000016 771 Butterfield, LLC., ZONING-26-000022 Starodub, ZONING-26-000021 Prothe, and ZONING-26-000020 DeRose, and we don’t have any comments / concerns.”
GENERAL BULK REQUIREMENTS
• Interior Side Yard
o Required: 1 FT
o Existing: APPROX. 8 FT
o Proposed: APPROX.0.8 FT
LAND USE
Subject Property:
• Zoning: R-4 SF RES/ Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
North of Subject Property:
• Zoning: R-4 SF RES/ Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
South of Subject Property:
• Zoning: R-4 SF RES/ Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
East of Subject Property:
• Zoning: R-4 SF RES/ Existing Use: OPEN SPACE / Land Use Plan (LUP): 0-5 DU AC
West of Subject Property:
• Zoning: DANBURY DRIVE AND BEYOND R-4 SF RES/ Existing Use: HOUSE / Land Use Plan (LUP): 0-5 DU AC
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on June 17, 2026, recommends to approve the following zoning relief:
Variation to reduce the side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches).
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-26-000021 Prothe dated June 3, 2026
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 July 7, 2026, 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 side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches).
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-26-000021 Prothe dated June 3, 2026
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): 6 Ayes, 0 Nays, 0 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 side yard setback for a driveway expansion from required 1 foot to 0.8 foot (approximately 9.6 inches), on the property hereinafter described:
LOT 63 IN GLEN BRIAR, A SUBDIVISION OF LOTS 1 AND 2 IN MOULD’S ASSESSMENT PLAT OF PARTS OF SECTION 25 AND 26, TOWNSHIP 39 NORTH RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OG GLEN BRIAR RECORDED AUGUST 23, 1978, 1978 AS DOCUMENT R78-79639 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-26-000021 Prothe dated June 3, 2026
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; GREGG & JESSICA PROTHE, 2S527 DANBURY DRIVE, GLEN ELLYN, IL 60137; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
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Enacted and approved this 14th of July, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK