title
O R D I N A N C E
Zoning Petition ZONING-23-000045 Biegun
resolution
WHEREAS, a public hearing was held on August 16, 2023 and August 23, 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 allow a 6’/100% closed (privacy) fence within the 30' front yard setback, on the property hereinafter described:
LOT 2 IN 99TH STREET PLAT OF SURVEY OF THE NORTH 270 FEET OF THE EAST 840 FEET OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 1, 1954 AS DOCUMENT 735605, IN DUAPGE 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 23, 2023, does find as follows:
FINDINGS OF FACT:
A. That the Zoning Hearing Officer finds that petitioner has demonstrated evidence for a Variation to allow a 6’/100% closed (privacy) fence within the 30' front yard setback.
B. That petitioner testified that the fence is existing and that it was installed prior to when he purchased the subject property.
C. That petitioner testified that he requires a 6’/100% closed privacy fence within the 30’ front yard setback due to increased noise and vehicle traffic on Lemont Road.
a. Furthermore, that petitioner testified that his property is lower in elevation/grade compared to Lemont Road and that the fence does not impair the line-of-sight on Lemont Road or neighboring streets and properties.
D. That Hearing Officer finds that petitioner has demonstrated that a Variation to allow a 6’/100% closed (privacy) fence within the within the 30' front yard setback will not have any impact on adjacent properties and roadways, will not impact on drainage, and will not impede ventilation and light to the subject property or adjacent properties.
E. Furthermore, that Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship in relation to the location of the subject property on Lemont Road, and that that the increase in noise and vehicle traffic, in addition to grade/elevation change on the subject property, required petitioner to request a Variation to allow a 6’/100% closed (privacy) fence within the within the 30' front yard setback.
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 privacy fence does not impair an adequate supply of light and air to the adjacent properties, as the subject property is lower in elevation compared to Lemont Road.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the existing privacy fence does not increase the hazard from fire or other dangers and that he will receive a building permit for the existing fence.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the existing privacy 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 privacy fence does not unduly increase traffic congestion in the public streets and highways, as the subject fence does not impact line-of-sight clearance for vehicles due to the subject property’s lower elevation/grade change compared to Lemont Road.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the existing privacy 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 existing privacy 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 the existing privacy fence is an added benefit to the neighborhood, and does 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-23-000045 Biegun |
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ZONING REQUEST |
Variation to allow a 6’/100% closed (privacy) fence within the 30' front yard setback. |
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OWNER |
ROBERT BIEGUN, 11S420 LEMONT ROAD, LEMONT, IL 60439-9606 |
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ADDRESS/LOCATION |
11S420 LEMONT ROAD, LEMONT, IL 60439-9606 |
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PIN |
10-08-302-008 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
|
ZONING/LUP |
R-3 SF RES |
0-5 DU AC |
|
AREA |
0.31 ACRES (13,504 SQ. FT.) |
|
UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: AUGUST 1, 2023 |
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PUBLIC HEARING |
WEDNESDAY, AUGUST 16, 2023; CONTINUED TO AUGUST 23, 2023 |
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ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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Health: |
No Objections. |
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Stormwater: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
|
Village of Lemont: |
No Comments Received. |
|
City of Darien: |
No Objections. |
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Village of Woodridge: |
Objects. |
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Downers Grove Township: |
No Comments Received. |
|
Township Highway: |
No Comments Received. |
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Lemont Fire Dist.: |
No Comments Received. |
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Sch. Dist. 113: |
No Comments Received. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
|
Height: |
4’6”/50% OPEN |
6’/100% CLOSED |
6’/100% CLOSED |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
North |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
South |
R-3 SF RES |
HOUSE |
0-5 DU AC |
|
East |
LEMONT ROAD AND BEYOND R-3 SF RES |
HOUSE |
0-5 DU AC |
|
West |
R-3 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 23, 2023, recommends to approve the following zoning relief:
Variation to allow a 6’/100% closed (privacy) fence within the 30' front 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-23-000045 Biegun dated August 23, 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 September 19, 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 allow a 6’/100% closed (privacy) fence within the 30' front 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-23-000045 Biegun dated August 23, 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.
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:
Variation to allow a 6’/100% closed (privacy) fence within the 30' front yard setback, on the property hereinafter described:
LOT 2 IN 99TH STREET PLAT OF SURVEY OF THE NORTH 270 FEET OF THE EAST 840 FEET OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 1, 1954 AS DOCUMENT 735605, IN DUAPGE 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-23-000045 Biegun dated August 23, 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; ROBERT BIEGUN, 11S420 LEMONT ROAD, LEMONT, IL 60439-9606; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 26th day of September 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK