Legislation Details

File #: DC-O-0011-26    Version: 1
Type: Development Ordinance Status: Adopted
File created: 3/19/2026 In control: Development Committee
On agenda: 4/7/2026 Final action: 4/14/2026
Title: ZONING-25-000070 – ORDINANCE – Forty: To approve the following zoning relief: Conditional Use for an existing pond to be located less than 10 feet from the rear property line (approximately 2 feet), where the pond has existed for at least 5 years. (Addison/District 1) ZHO Recommendation to Approve Development Committee VOTE (Motion to Approve): 5 Ayes, 0 Nays, 1 Absent
Attachments: 1. Z-25-000070 Forty Cty. Bd. (04-14-2026)

Zoning Petition ZONING-25-000070 Forty


WHEREAS, a public hearing was held on January 21, 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:

Conditional Use for an existing pond to be located less than 10 feet from the rear property line (approximately 2 feet), where the pond has existed for at least 5 years, on the property hereinafter described:

LOT 7 AND THE NORTH HALF OF LOT 8 IN BLOCK 14 IN GRAUE'S LAKE TERRACE, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORIDNG TO THE PLAT THEREOF RECORDED DECEMBER 9, 1925 AS DOCUMENT NO. 204459, 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 4, 2026 does find as follows:

FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a Conditional Use for an existing pond to be located less than 10 feet from the rear property line (approximately 2 feet), where the pond has existed for at least 5 years.

B. That petitioner testified that the subject pond has existed on the subject property for approximately thirty (30) years.

C. That petitioner testified that the pond is approximately two (2) feet in depth and includes a small bridge, as well as electrical service to operate an aerator and filtration system for water circulation.

D. That petitioner testified that the rear yard is enclosed by a six (6) foot tall fence with a locked gate, restricting access to the pond area.

E. That petitioner testified that generalized flooding has occurred in rear yards throughout the neighborhood in recent yea...

Click here for full text