agenda - tuesday, february 4, 2020

DU PAGE COUNTY

DEVELOPMENT COMMITTEE

FINAL AGENDA

February 4, 2020 Regular Meeting 10:30 AM

ROOM 3500B

421 NORTH COUNTY FARM ROAD

WHEATON, IL 60187

DuPage County

1. CALL TO ORDER

A. Please turn all beepers, pagers and cell phones "off" or to "vibrate" during the

meeting

2. ROLL CALL

3. CHAIRMAN'S REMARKS - CHAIR TORNATORE

4. PUBLIC COMMENT

A. Public comment is limited to three minutes per person, at the beginning of the

meeting. Any comment on Zoning items must be limited to discussion of testimony

and/or evidence presented in the Zoning Board of Appeals. No new testimony or

evidence can be presented.

5. APPROVAL OF MINUTES

A. Development Committee - Regular Meeting - Tuesday January 21st, 2020

6. BUDGET TRANSFERS

A. Budget Transfers -- Budget Transfer to balance FY2019 budget lines.

B. Budget Transfers -- Budget Transfer to transfer funds for the FY2019 approved 2%

COLA increase.

7. REGULATORY SERVICES

A. DC-O-0016-20 ORDINANCE -- Z19-085 – ORDINANCE – Kasperski: The Zoning

Hearing Officer (ZHO) recommended to approve the following zoning relief: Variation

to increase the height and opacity of a fence within the corner side yard from 4’6”/ 50%

open to approximately 6’/ 100% closed. (Addison/ District 1) (Located at the northeast

corner of Church Road and 2nd Avenue) ZHO Recommendation to Approve

Agenda Development Committee February 4, 2020

DuPage County

B. DC-O-0017-20 ORDINANCE -- Z19-088 – ORDINANCE – Colegrove: The Zoning

Hearing Officer (ZHO) recommended to approve the following zoning relief: Conditional

Use to allow an existing shed to be closer than 10’ from side property line (approximately

7’), where shed has existed for 5 years. (Bloomingdale/ District 1) (Generally located

northwest of Medinah Road and Broker Road, approximately 360 feet north of Broker

Road on Harvey Road) ZHO Recommendation to Approve

C. DC-O-0018-20 ORDINANCE -- Z19-092 – ORDINANCE – Livengood: The Zoning

Hearing Officer (ZHO) recommended to approve the following zoning relief: Variation

to reduce required front yard setback for a front porch from required 27 feet to

approximately 13.5 feet. (Naperville/ District 5) (Generally located southwest of Eola

Road and Sheffer Road, approximately 71 feet south of Sheffer Road on 4th Street) ZHO

Recommendation to Approve

D. DC-O-0019-20 ORDINANCE -- Z19-093 – ORDINANCE – Hasan: The Zoning Hearing

Officer (ZHO) recommended to approve the following zoning relief: Variation to

increase fence height from 7 feet 2 inches to approximately 8 feet 6 inches. (Downers

Grove/ District 3) (Generally located northeast of Madison Street and 73rd Street,

approximately 150 feet north of 73rd Street and Vine Street) ZHO Recommendation to

Approve

8. OLD BUSINESS

9. NEW BUSINESS

10. ADJOURNMENT

DU PAGE COUNTY

DEVELOPMENT COMMITTEE

FINAL SUMMARY

January 21, 2020 Regular Meeting 10:30 AM

ROOM 3500B

421 NORTH COUNTY FARM ROAD

WHEATON, IL 60187

DuPage County Page 1

1. CALL TO ORDER

10:30 AM meeting was called to order by Chair Sam Tornatore at 10:32 AM.

A. Please turn all beepers, pagers and cell phones "off" or to "vibrate" during the

meeting

2. ROLL CALL

PRESENT: Chaplin, Hart, Ozog, Rutledge, Tornatore

ABSENT: Covert

3. CHAIRMAN'S REMARKS- CHAIR TORNATORE

There were no Chairman's Remarks

4. PUBLIC COMMENT

A. Public comment is limited to three minutes per person, at the beginning of the

meeting. Any comment on Zoning items must be limited to discussion of testimony

and/or evidence presented in the Zoning Board of Appeals. No new testimony or

evidence can be presented.

Mark Gil, spoke in favor of Z19-078 FMI Properties, LLC. He has been the owner and

operator of the gas station on the property for the past 34 years. He was looking to redevelop

the property and has purchased the property just west of the station, where a closed branch of

Chase Bank is located. He will be demolishing the bank building and putting up a new

structure that will house his tenant, a popular coffee shop . There will be a generous drive

through lane for the new restaurant. The gas station will have 12 fueling positions, a

convenience store and a car wash. They will be closing 3 existing entrances and adding a

new right in/right out entrance and exit will be off of Butterfield Road. He spoke about the

Zoning Board of Appeals Hearing, which was well attended and it showed how supportive

the community is of this project. The Board voted unanimously to approve the petition.

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Minutes Development Committee January 21, 2020


5. APPROVAL OF MINUTES

A. Development Committee - Regular Meeting - Jan 7, 2020 10:30 AM

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Elizabeth Chaplin, Vice Chair

SECONDER: Sheila Rutledge, District 6

AYES: Chaplin, Hart, Ozog, Rutledge, Tornatore

ABSENT: Covert

REGULATORY SERVICES

A. DC-O-0015-20 ORDINANCE -- Z19-078 – ORDINANCE – FMI Properties, LLC.: The

Zoning Board of Appeals recommended to approve the following zoning relief: The

Planned Unit Development (PUD) application shall be related to the two (2) proposed

land uses within the existing zoning parcel. Furthermore, the applicant is seeking a

Conditional Use for the following: • A Conditional Use for a Planned Development for a

fuel service station, automobile laundry, and convenience store (Section 37-801.2 and 37-

1414). • A Conditional Use Permit for a Drive-Through Establishment (37-801.2)

In addition, the following exceptions (variations) shall be noted within the Planned

Development: • An exception to the 40-foot setback (to approximately 17.48 feet)

along Butterfield Road (Section 37-801.4 – Front Yard) for motor vehicle circulation

lanes and monument sign (Section 37-1414); • An exception to the 20-foot westerly

setback (to approximately 10 feet) (Section 37-801.4 – Interior Side Yard) for drive-

through lane circulation and monument sign; • An exception to the 20-foot

southerly setback (to approximately 10 feet) (Section 37-801.4 – Rear Yard Adjacent to

Property Line) for automobile laundry facility and drive through lane circulation; •

An exception to the 20-foot internal lot line (Section 37-801.4 – Interior Side

Yard for site access; and • An exception in Section 37-1203: Schedule of Off-Street

Parking Requirements from 49 spaces to 44 total parking spaces provided per site plan.

(Milton/ District 4) (Located at the southwest corner of Butterfield Road (Route 58) and

Route 53) ZBA VOTE (to Approve): 7 Ayes, 0 Nays, 0 Absent Development Committee

VOTE (to Approve): 6 Ayes, 0 Nays, 0 Absent

RESULT: APPROVED [UNANIMOUS]

MOVER: Elizabeth Chaplin, Vice Chair

SECONDER: Greg Hart, District 3

AYES: Chaplin, Hart, Ozog, Rutledge, Tornatore

ABSENT: Covert

7. OLD BUSINESS

There was no Old Business

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Minutes Development Committee January 21, 2020


8. NEW BUSINESS

There was no New Business

9. ADJOURNMENT

The meeting was adjourned without objection at 10:43 AM

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M E M O R A N D U M

TO: DuPage County Development Committee

FROM: DuPage County Zoning Hearing Officer

DATE: January 15, 2020

RE: Z19-085 Kasperski (Addison/ District 1)

Development Committee: February 4, 2020:

Zoning Hearing Officer: January 15, 2020: The ZHO recommended to approve the

following zoning relief:

Variation to increase the height and opacity of a fence within the corner side yard from

4’6”/ 50% open to approximately 6’/ 100% closed.

Subject to the following conditions:

1. That the property be developed in accordance with the petitioner’s site plan made

part of Zoning Petition #Z19-085 Kasperski dated January 15, 2020.

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 petitioner maintains the existing landscaping around the perimeter of the

subject property.

4. That the property be developed in accordance with all other codes and Ordinances

of DuPage County.

ZHO Recommendation to Approve

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FINDINGS OF FACT:

A. The Hearing Officer finds that petitioner has demonstrated evidence for a Variation

to increase the height and opacity of a fence within the corner side yard from 4’6”/

50% open to approximately 6’/ 100% closed.

B. That petitioner testified that the subject property is located at the northeast corner of

2nd Avenue and Church Avenue.

• Furthermore, that petitioner testified that the homeowner has three (3) children

and (2) dogs, and that as the subject property is located at a busy intersection,

they require additional safety precautions on the subject property.

• That petitioner testified that the subject property is approximately 69.75 feet

wide and 150 feet deep, and that in order to maximize the backyard with a

privacy fence for locational safety concerns, a Variation to increase the height

and opacity of a fence within the corner side yard from 4’6”/ 50% open to

approximately 6’/ 100% closed would be required.

C. That Hearing Officer finds that petitioner has demonstrated that a Variation to

increase the height and opacity of a fence within the corner side yard from 4’6”/

50% open to approximately 6’/ 100% closed, does not have any impact on adjacent

properties and roadways, does not impact on drainage, and does not impede

ventilation and light to the subject property or adjacent properties.

D. That Hearing Officer finds that petitioner has demonstrated a unique circumstance

in relation to the subject fence, as the subject property is located at the northeast

corner of 2nd Avenue and Church Road, requiring additional screening for security

and privacy on the subject property.

• Furthermore, that Hearing Officer finds that petitioner has demonstrated a

unique circumstance, subject property is approximately 69.75 feet wide and 150

feet deep, and that in order to maximize the backyard with a privacy fence for

locational safety concerns, the subject property requires a Variation to increase

the height and opacity of a fence within the corner side yard from 4’6”/ 50%

open to approximately 6’/ 100% closed.

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PETITIONER’S DEVELOPMENT FACT SHEET

GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z19-085 Kasperski ZONING REQUEST Variation to increase the height and opacity of a fence within

the corner side yard from 4’6”/ 50% open to approximately

6’/ 100% closed. OWNER SYLWIA KASPERSKI, 4N695 CHURCH ROAD,

BENSENVILLE, IL 60106 ADDRESS/LOCATION 4N695 CHURCH ROAD, BENSENVILLE, IL 60106 PIN 03-23-106-011 TWSP./CTY. BD. DIST. Addison District 1 ZONING/LUP R-4 SF RES 0-5 DU AC AREA 0.24 acres (10,454 sq. ft.) UTILITIES Water and Sewer PUBLICATION DATE Daily Herald: December 27, 2019 PUBLIC HEARING January 15, 2020

ADDITIONAL INFORMATION:

Building: No Objection.

DUDOT: Our office has no jurisdiction in this matter.

Health: Our office has no jurisdiction in this matter.

Stormwater: No Objection.

Public Works: Our office has no jurisdiction in this matter.

EXTERNAL:

Village of

Bensenville:

No Objections with the concept of this petition. Additional information

may be required at time of permit application.

“If this property is annexed, we would intend to construct a sidewalk.

This being said, we require properties like this to construct the fence a

minimum of 3 to 5 feet from the property line”

Village of Addison: “Based on the location of this property, the Village of Addison has no

objection to the proposed variation request (Z19-085 Kasperski).

However, the Village of Addison does not permit fences forward of the

principal building (home) and not in front yards. Corner lots in

Addison are considered to have two front yards.”

City of Elmhurst: No Objection.

City of Wood Dale: No Comment.

Addison Township: No Comment.

Township Highway: No Comment.

Bensenville Fire

Dist.:

No Comment.

Sch. Dist. 2: No Comment.

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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:

REQUIREMENTS: REQUIRED EXISTING PROPOSED

Front Yard: N/A N/A N/A

Int. Side Yard: 6’6” / 100% Closed 6’6” / 100% Closed 6’6” / 100%

Closed

Corner Side Yard: 6’6” / 100% Closed 6’6” / 100% Closed 6’6” / 100%

Closed

Rear Yard: 6’6” / 100% Closed 6’6” / 100% Closed 6’6” / 100%

Closed

Height: 4’6” 6’6” 6’6”

LAND USE

Location Zoning Existing Use LUP

Subject R-4 SF RES House 0-5 DU AC

North Village of Bensenville House Village of Bensenville

South 2nd Avenue and beyond

R-4 SF RES

House 0-5 DU AC

East ROW/ Alleyway and

beyond R-4 SF RES

House 0-5 DU AC

West Church Road and

beyond Village of

Bensenville

House Village of Bensenville

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M E M O R A N D U M




RE: Z19-088 Colegrove (Bloomingdale/ District 1)




Conditional Use to allow an existing shed to be closer than 10’ from side property line

(approximately 7’), where shed has existed for 5 years.



part of Zoning Petition #Z19-088 Colegrove dated January 15, 2020.

2. That the Conditional Use zoning relief shall expire after ten (10) years from the date

of approval of the subject zoning relief by the DuPage County Board or upon one of

the following circumstances, whichever shall come first:

a. The structure or use is destroyed or damaged by fire or other casualty or act of

God to the extent that the cost of restoration for the above ground portion of the

building, structure, or use to the condition it was prior to the destruction or

damage exceeds fifty percent (50%) or more of its replacement value.

b. The structure is voluntarily removed.

3. That owner/developer is not permitted to operate a business out of the subject shed.



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subject property and that petitioner screen the northern side of the shed.


of DuPage County.


FINDINGS OF FACT:

A. The Hearing Officer finds that petitioner has demonstrated evidence for a

Conditional Use to allow an existing shed to be closer than 10’ from side property

line (approximately 7’), where shed has existed for 5 years.

B. The Hearing Officer finds that petitioner has demonstrated that the existing shed

has been in existence prior to when the petitioner purchased the subject property in

August 2019.

• That petitioner testified that adjacent neighbors have stated that the existing

shed has been in existence for approximately 7-10 years.

C. That petitioner testified that the existing shed is used to store gardening tools and

yard equipment.

D. That petitioner testified that the existing shed is not serviced with utilities.

E. That Hearing Officer finds that petitioner has demonstrated that a Conditional Use

to allow existing an shed to be closer than 10’ from side property line

(approximately 7’), where shed has existed for 5 years, does not have any impact on

adjacent properties and roadways, does not impact on drainage, and does not

impede ventilation and light to the subject property or adjacent properties.

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GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z19-088 Colegrove ZONING REQUEST Conditional Use to allow an existing shed to be closer than

10’ from side property line (approximately 7’), where shed

has existed for 5 years. OWNER SUSAN COLEGROVE, 6N172 HARVEY RD, MEDINAH

IL 60157 ADDRESS/LOCATION 6N172 HARVEY RD, MEDINAH IL 60157 PIN 02-11-404-011 TWSP./CTY. BD. DIST. Bloomingdale District 1 ZONING/LUP R-3 SF RES 0-5 DU AC AREA 0.55 acres (23,958 sq. ft.) UTILITIES Well and Septic PUBLICATION DATE Daily Herald: December 27, 2019 PUBLIC HEARING January 15, 2020


Building: No Objections.


Health: No Comment.

Stormwater: No Objections.


EXTERNAL:

Village of

Bloomingdale:

No Comment.

Village of Itasca: Our office has no jurisdiction in this matter.

Village of Roselle: Our office has no jurisdiction in this matter – “The ultimate

boundaries of our community do not include this property. Thus,

we have no comment.”

Village of Addison: “The Village of Addison has no concerns with this variation

request (Z19-088 Colegrove).”

Bloomingdale

Township:

No Comment.


Bloomingdale Fire

Dist.:

Our office has no jurisdiction in this matter.


Forest Preserve: No Comment.

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Front Yard: 30 FT APPROX. 110 FT APPROX. 110 FT

North Int. Side Yard: 10 FT APPROX. 7 FT APPROX. 7 FT

Int. Side Yard: 10 FT APPROX. 85 FT APPROX. 85 FT

Rear Yard: 30 FT APPROX. 115 FT APPROX. 115 FT

LAND USE



North R-3 SF RES House 0-5 DU AC

South R-3 SF RES House 0-5 DU AC

East Harvey Road and

beyond R-3 SF RES

House 0-5 DU AC

West R-3 SF RES House 0-5 DU AC

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1

M E M O R A N D U M




RE: Z19-092 Livengood (Naperville/ District 5)




Variation to reduce required front yard setback for a front porch from required 27 feet

to approximately 13.5 feet.



part of Zoning Petition #Z19-092 Livengood dated January 15, 2020.




subject property.


of DuPage County.


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FINDINGS OF FACT:


to reduce required front yard setback for a front porch from required 27 feet to

approximately 13.5 feet.

B. That petitioner testified that he has lived at the subject property for approximately

three (3) years.

C. That petitioner testified that he has experienced flooding issues on the subject

property due to a townhome development located in the City of Aurora,

approximately 120 feet north of the subject property.

D. That petitioner testified that due to the adjacent townhome development and the

raising of Sheffer Road to the north for utilities, that the subject property has

experienced increased flooding, causing petitioner to raise the subject home.

• That petitioner testified that the subject property and entrance to the subject

home is currently at ground level, and that due to the increased flooding,

petitioner plans to raise the home, requiring a front porch to enter the subject

home.

• That petitioner testified that the existing home was built approximately 21.1 feet

from the front property line, causing petitioner to apply for a variation to add a

new entrance into the subject home.

E. That Hearing Officer finds that petitioner has demonstrated that a Variation to

reduce required front yard setback for a front porch from required 27 feet to

approximately 13.5 feet does not have any impact on adjacent properties and

roadways, does not impact on drainage, and does not impede ventilation and light to

the subject property or adjacent properties.

F. That Hearing Officer finds that petitioner has demonstrated a particular hardship

and unique circumstance, as the subject property and entrance to the subject home

is currently at ground level, and that due to the increased flooding, petitioner plans

to raise the home, requiring a front porch to enter the subject home.

• Furthermore, that Hearing Officer finds that due to increased flooding on the

subject property from surrounding properties, petitioner’s proposal to raise the

home and entryway would require a front porch, which would require a

Variation to reduce required front yard setback for a front porch from required

27 feet to approximately 13.5 feet.

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GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z19-092 Livengood ZONING REQUEST Variation to reduce required front yard setback for a front

porch from required 27 feet to approximately 13.5 feet. OWNER JOHN LIVENGOOD, 6S235 4TH STREET, EOLA, IL 60519/

AGENT: JAIME GASCON, 6 N. WESTERN AVENUE,

CHICAGO, IL 60612 ADDRESS/LOCATION 6S235 4TH STREET, EOLA, IL 60519 PIN 07-17-105-004 TWSP./CTY. BD. DIST. Naperville District 5 ZONING/LUP R-4 SF RES 0-5 DU AC AREA 0.19 acres (8,276 sq. ft.) UTILITIES Well and Septic PUBLICATION DATE Daily Herald: December 27, 2019 PUBLIC HEARING January 15, 2020




Health: No Objections.



EXTERNAL:

City of Naperville: No Comment.

City of Aurora: “The City of Aurora has no objections to the variance request.”

Naperville

Township:

No Comment.


Naperville Fire Dist.: No Comment.

Sch. Dist. IPSD: No Comment.

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.”



Front Yard: 27 FT. APPROX. 21.1 FT APPROX. 13.5 FT

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LAND USE





East ROW/alleyway and

beyond City of Aurora

House City of Aurora

West 4th Street and beyond

R-2 SF RS

Vacant 0-5 DU AC

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1

M E M O R A N D U M




RE: Z19-093 Hasan (Downers Grove/ District 3)




Variation to increase fence height from 7 feet 2 inches to approximately 8 feet 6 inches.



part of Zoning Petition #Z19-093 Hasan dated January 15, 2020.




subject property.


of DuPage County.


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FINDINGS OF FACT:


to increase fence height from 7 feet 2 inches to approximately 8 feet 6 inches.

B. That petitioner testified that the subject property is located northeast of Madison

Street and 73rd Street.

• That petitioner testified that the subject property is located on a dead-end street

in an atypical neighborhood, as it is surrounded by heavy industrial uses, a

reservoir swamp area to the east, and I-55 to the south.

• As such, petitioner testified that due to the subject property’s location in a

unique neighborhood, that petitioner requests to increase the subject fence

height from 7 feet 2 inches to approximately 8 feet 6 inches for privacy and

noise abatement.

C. That petitioner testified that he was previously granted a 10% Administrative

Variation to increase the subject fence from 6’6” to approximately 7’2”.

Furthermore, that petitioner testified that he constructed the subject fence to

approximately 7’2” and has completed all grade/ drainage work required by the

subject building permit.

D. That Hearing Officer finds that petitioner has demonstrated that a Variation to

increase fence height from 7 feet 2 inches to approximately 8 feet 6 inches, does not

have any impact on adjacent properties and roadways, does not impact on drainage,

and does not impede ventilation and light to the subject property or adjacent

properties.

E. That Hearing Officer finds that petitioner has demonstrated a unique circumstance

in relation to a Variation to increase fence height from 7 feet 2 inches to

approximately 8 feet 6 inches, as the subject property is located on a dead-end street

in an atypical neighborhood, as it is surrounded by heavy industrial uses, a reservoir

swamp area to the east, and I-55 to the south.

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GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z19-093 Hasan ZONING REQUEST Variation to increase fence height from 7 feet 2 inches to

approximately 8 feet 6 inches.

OWNER IMRAN HASAN, 8S160 S. VINE STREET, BURR RIDGE, IL

60527 ADDRESS/LOCATION 8S160 S. VINE STREET, BURR RIDGE, IL 60527 PIN 09-25-101-015 TWSP./CTY. BD. DIST. Downers Grove District 3 ZONING/LUP R-4 SF RES 0-5 DU AC AREA 0.67 acres (29,185 sq. ft.) UTILITIES Well and Sewer PUBLICATION DATE Daily Herald: December 27, 2019 PUBLIC HEARING January 15, 2020




Health: No Objections.


Public Works: No Objections. “We have sewer and water in the area.”

EXTERNAL:

Village of

Willowbrook:

No Objections.

Village of Burr

Ridge:

No Comment.

City of Darien: Our office has no jurisdiction in this matter.

Downers Grove

Township:

Objects. “Current code is fine. No need for extra height.”

(See attached documentation)

Township Highway: No Objection with the concept of the petition. Additional

information may be required at time of permit application.

Tri-State Fire Dist.: No Objections.


Forest Preserve: “No Concerns”



Height: 7’2” (per Z19-056

Hasan 10%)

N/A APPROX. 8’6”

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LAND USE





East Vine Street and

beyond R-4 SF RES

House 0-5 DU AC

West R-4 SF RES House 0-5 DU AC

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Letter from Neighbor:

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agenda - tuesday, february 4, 2020

Documents