421 N. COUNTY FARM ROAD

WHEATON, IL 60187

DU PAGE COUNTY

Development Committee

Final Summary

www.dupagecounty.gov

Tuesday, August 1, 2023

10:30 AM

ROOM 3500B

CALL TO ORDER

ROLL CALL

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

PRESENT

ABSENT

CHAIRMAN'S REMARKS- CHAIR TORNATORE

Chair Tornatore reminded the Committee of the discussion about the County adopting a grass

ordinance a few weeks ago. Counsel provided him with a copy of a provision in the County Code

where the Board can provide for cutting of weeds in subdivisions. He added that essentially there

is a mechanism in place and would leave it up to the Committee if there would be further

discussion about a future ordinance.

PUBLIC COMMENT

Ray Shenudo spoke in support of Zoning Petition 23-000021 Malinin. He told the Committee

they are not seeking to reduce the lot size, just the orientation. The reason for the variation is

needed, because if divideded vertically instead of horizontally, it will create long, narrow lots,

instead of more square shaped lots.

Mike Roth, Attorney for JB Capital Management, LLC and spoke on behalf of petition

23-000040. The matter received from the Zoning Board of Appeals, a unanimous

recommendation to approve the petition. He shared that this is a legal non-conforming property

and they are wanting to sell the two buildings to separate owners and this is the way to make this

legal. The exceptions noted in the report are already existing conditions.

Mike Zawislak spoke in support of the Malinin petition. The lots are configured in a east/west

orientation and the petitioner is asking for the division to be configured north/south to create a

more desirable, marketable lot for building a new home.

The online submission for public comment from this Development Committee meeting are

included for the record in their entirety. It can be found at the back of the minutes packet.

MINUTES APPROVAL

5.A.

23-2496

Development Committee - Regular Meeting - Tuesday, July 11, 2023

Summary Meeting Minutes

APPROVED

Attachments:

RESULT:

Brian Krajewski

MOVER:

SECONDER:

AYES:

Liz Chaplin

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

REGULATORY SERVICES

6.A.

23-2497

ZSE-23-000005 Abhyudaya Retreat Center Wedding: To approve the special event action

item:

A wedding ceremony and two (2) pre-wedding events to be held at the Abhyudaya

Retreat Center on September 2, 2023 and September 3, 2023 for between 200-220 guests.

(Downers Grove/ District 3) (Generally located northwest of Route 83 and Bluff Road)

ZSE-23-000005 Abhyudaya Retreat Center Wedding

(08-01-2023).pdf

Attachments:

APPROVED

RESULT:

MOVER:

SECONDER:

AYES:

Liz Chaplin

Brian Krajewski

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

6.B.

DC-O-0031-23

ZONING-23-000021 – Malinin: To approve the following zoning relief:

1. Variation to reduce the required lot width from required 165’ to approximately 145.3’

for Lot 1 and 145.3 for Lot 2.

2. Variation to reduce the required lot size from required 100,000 sq. ft. to approximately

34,635 sq. ft. for Lot 1 and 34,632 sq. ft. for Lot 2. (Downers Grove/ District 3)

(If the County Board seeks to approve the zoning relief it will require a ¾ majority vote

{14 votes} to approve based on the recommendation to deny by the Zoning Hearing

Officer)

ZHO Recommendation to Deny

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

Z-23-000021 Malinin Cty. Bd. (08-08-2023)_Redacted.pdf

Attachments:

Member Krajewski received a call about this case and noted that similar cases have been

approved before, so why the recommendation to deny? There was a concern raised from the

Village of Burr Ridge that the developer was trying to avoid the Vine Street recapture fee, but

was not opposed to the lot reconfiguration. Chair Tornatore added that the electronic comment

received was from neighbors in opposition to this petition.

Member Rutledge inquired if any previous zoning relief was granted on this property. Paul Hoss

answered no and explained that when these lots were originally divided the zoning designation of

R-1 did not exist. The lots are legal and buildable.They are historic lots of record and legal

non-conforming. When the lots are reconfigured, they will lose that legal non-conforming

designation and variations are required. The lot sizes are going to be the same, the lot widths are

the same, they are going to be reconfigured, north and south. He added the hardship and practical

difficulty on these lots is the vacant lot to the north, it is heavily wooded and has a rise of about 7

feet. By reconfiguring the lots north to south, they will have a more buildable lot for a new home.

APPROVED AT COMMITTEE

RESULT:

MOVER:

SECONDER:

AYES:

Brian Krajewski

Liz Chaplin

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

6.C.

DC-O-0032-23

ZONING-23-000028 – Catie’s Place, LLC.: To approve the following zoning relief:

Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking

spaces to 10 parking spaces. (York/District 2) (If the County Board seeks to approve the

zoning relief it will require a ¾ majority vote {14 votes} to approve based on the

recommendation to deny by the Zoning Board of Appeals)

ZBA VOTE (to Deny): 4 Ayes, 2 Nays, 1 Absent

Development Committee VOTE (Motion to Approve Failed): 0 Ayes, 5 Nays, 1 Absent

Z-23-000028 Catie's Place, LLC. Cty. Bd.

(08-08-2023)_Redacted.pdf

Attachments:

Paul Hoss explained that the County defaults to the state laws for video gaming establishments,

which requires a liquor license. The petitioner presented they will operate a Class A restaurant

with video gaming and that the other businesses in the strip mall close by 6-7 p.m. This would

free up parking spaces in the evening, but technically they don't meet the parking regulations.

The ZBA recognized that if the gaming establishment closed and another Class A restaurant

moved in, they would most likely not operate as the video gaming establishment did.

Chair Tornatore pointed out that a variation runs with the land and could impact future

businesses in this strip mall. There is the another possibility of the petitioner asking for a

conditional use, for just gaming establishments.

DEFERRED

Liz Chaplin

RESULT:

MOVER:

Sheila Rutledge

SECONDER:

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

NAY:

ABSENT:

6.D.

DC-O-0033-23

ZONING-23-000030 – Bakas: To approve the following zoning relief:

Variation to allow a 6'/100% closed (privacy) fence within the 10' corner side yard

setback. (Lisle/District 2)

ZHO Recommendation to Approve

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

Z-23-000030 Bakas Cty. Bd. (08-08-2023).pdf

Attachments:

Member Chaplin, stated she is concerned about corner properties having 100% closed fences,

causing blind spots. Mr. Hoss referred Committee Members to a map inside the packet. After

explaining the unusual set up for the subject property and the property behind it, Members could

see there was no line of sight issue.

APPROVED AT COMMITTEE

RESULT:

MOVER:

SECONDER:

AYES:

Brian Krajewski

Patty Gustin

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

6.E.

DC-O-0034-23

ZONING-23-000031 – Eiternick: To approve the following zoning relief:

Conditional Use to allow existing deck structure to remain less than 3 feet (approximately

1 foot) from the interior side property line, where it has existed for at least 5 years.

(Addison/ District 1)

ZHO Recommendation to Approve

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

Z-23-000031 Eiternick Cty. Bd. (08-08-2023)_Redacted.pdf

Attachments:

APPROVED AT COMMITTEE

RESULT:

MOVER:

SECONDER:

AYES:

Patty Gustin

Liz Chaplin

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

6.F.

DC-O-0035-23

ZONING-23-000040 – JB Capital Management, LLC.: To approve the following zoning

relief:

Conditional Use with exceptions for the existing buildings and improvements:

1. Exception from 40’ required front yard setback from Jeans Road (widened in 1992) on

proposed Lot 1 to approximately 0’.

2. Exception from 20’ required rear yard setback on proposed Lot 1 to approximately

14.53’.

3. Exception to allow parking in existing 40’ corner side yard on proposed Lot 1.

4. Exception to allow parking in existing 20’ interior side yard on proposed Lot 1.

5. Exception from 20’ required interior side yard setback on proposed Lot 2 to

approximately 16.12’.

6. Exception from 20’ required interior side yard setback on proposed Lot 2 to

approximately 15’. (Downers Grove/ District 3)

ZBA VOTE (to Approve): 5 Ayes, 0 Nays, 2 Absent

Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent

Z-23-000040 J B Capital Management, LLC. Cty. Bd.

(08-08-2023).pdf

Attachments:

APPROVED AT COMMITTEE

RESULT:

MOVER:

SECONDER:

AYES:

Sheila Rutledge

Liz Chaplin

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

ABSENT:

OLD BUSINESS

No old business was discussed.

NEW BUSINESS

No new business was discussed.

10.

ADJOURNMENT

Motion was made by Vice-Chair Rutledge, seconded by Member Chaplin and without objection

the Development Committee meeting was adjourned at 11:22 a.m.

11.

ROLL CALL

Chaplin, Gustin, Krajewski, Rutledge, and Tornatore

Ozog

PRESENT

ABSENT

12.

13.

14.

CHAIRMAN'S REMARKS- CHAIR TORNATORE

Chair Tornatore went over the procedures of the hearing and informed the Committee Members

that there was a previous appeal hearing on this permit last year.

PUBLIC COMMENT

No public comments were offered.

ADMINISTRATIVE APPEAL HEARING

Jim Stran explained that a permit was issued in July, 2022. Prior to it being issued, a bond receipt

from Bloomingdale Townhsip was submitted by the applicant to obtain the permit. The

permitting process was delayed to litigation. Unbeknownst to the County the township bond had

expired, the permit was rescinded due to not meeting the requirement of either a waiver or

receipt of a paid bond. There was a hearing last November, to reconsider our position. The

County did not reissue the permit. Vertical Bridge has submitted a amended application asking to

re-evaluate our position based on the exception to section 112.6. Mr. Stran stated the County's

position is that this section would not apply to this permit, and denied the re-issue of the permit.

Melanie Chico, Counsel for Vertical Bridge presented their appeal. Her client leased land to

build a cell tower and needed to build a construction road from the cell tower site to Spring

Valley Drive and Glendale Road. The County revoked the permit, based on the lack of a

Township access permit. Initially the township had issued a permit and then changed positions,

after citizens had lost a lawsuit challenging the validity of the lease on the property. The

Township then claimed they owned the easement area where the access road was to be built. The

township advised Vertical Bridge they would need to enter into a lease with the Township,

which would be subject to a vote. Earlier this year the county updated their GIS maps, showing

this easement area is part of Lot 171, which Vertical Bridge is leasing. In March the Township,

though still claiming ownership of the easement, would allow the work, however they set some

conditions, including a $7,500 bond and that another route be used other then over this easement.

Vertical Bridge has asked that the County apply the exception based on these new developments.

She thanked the Committee for their consideration.

Jim Stran responded that the County is not taking a position on the ownership of Lot 171. Our

ordinance requires us to have a bond receipt or waiver issued by the authority having jurisdiction

over the right-of-way. The Township has not issued any document to the County. Assistant

State's Attorney Nicholas Alfonso referred to the Illinois Highway Code Section 9-113

supporting the County's decision.

Counsel rebutted, that the Township is no longer raising an issue with the right-of-way, so the

exception should apply.

A discussion ensued.

DEFEATED

RESULT:

MOVER:

SECONDER:

NAY:

Sheila Rutledge

Liz Chaplin

Chaplin, Krajewski, Rutledge, and Tornatore

Gustin, and Ozog

ABSENT:

15.

OLD BUSINESS

No old business was discussed.