DU PAGE COUNTY ZONING BOARD OF APPEALS JACK T. KNUEPFER ADMINISTRATION BUILDING 421 NORTH COUNTY FARM ROAD, WHEATON, ILLINOIS 60187/ 630-407-6700 M E M O R A N D U M TO: FROM: DuPage County Board DuPage County Development Committee DATE: April 19, 2015 RE: Z16-002 Stathopoulos DuPage County Board: April 26, 2016: Development Committee: April 19, 2016: The Development Committee recommended to approve the following zoning relief: 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. Subject to the following conditions: 1. That the property be developed in accordance with the petitioner s site plan made part of Zoning Petition # Z16-002 Stathopoulos submitted on February 11, 2016. 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 prior to the issuance of any permits for the detached garage, the property owner record a consolidation plat with the County Recorder s Office consolidating the two (2) lots comprising the subject property into one single lot of record. 4. That the garage shall not include a bathroom or kitchen. 5. That any plumbing system in the garage shall not utilize a septic system used by the principal structure. 1
6. That no business activity shall be conducted on the subject property. 7. 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 Zoning Board of Appeals Meeting: The Zoning Board of Appeals recommended to approve the following zoning relief: 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. Subject to the following conditions: 1. That the property be developed in accordance with the petitioner s site plan made part of Zoning Petition # Z16-002 Stathopoulos submitted on February 11, 2016. 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 prior to the issuance of any permits for the detached garage, the property owner record a consolidation plat with the County Recorder s Office consolidating the two (2) lots comprising the subject property into one single lot of record. 4. That the garage shall not include a bathroom or kitchen. 5. That any plumbing system in the garage shall not utilize a septic system used by the principal structure. 6. That no business activity shall be conducted on the subject property. 7. That the property be developed in accordance with all other codes and Ordinances of DuPage County. Zoning Board of Appeals Vote (to approve) 6 Ayes, 1 Nays, 0 Absent 2
Dissenting Opinion: The dissenting member found that the petitioner did not adequately demonstrate the need for additional storage space above that which is allowed as-of-right on his property. The dissenting member found that other opportunities are available for the petitioner to accommodate his storage needs while conforming to the district F.A.R. requirement for detached accessory structures. FINDINGS OF FACT: 1. That the petitioner testified that he is the owner of the subject property and seeks to construct a new detached garage. 2. That the petitioner testified that he currently resides at the property with his family. 3. That the petitioner testified that he does not conduct any business activity on the subject property. 4. That the petitioner testified that the new garage will contain household accessory equipment, such a lawn maintenance equipment as well as several antique vehicles and trailers used for recreation. 5. That the petitioner testified that the new garage will have plumbing in order to wash vehicles from the garage. 6. That the petitioner testified that the building is a long-term investment intended to serve the storage needs of his family. 7. That the petitioner testified that the garage will have typical residential lighting. 8. That the petitioner testified that the garage will be located over 100 ft. behind the home of his northern neighbor. 9. That the petitioner testified that his lot is approximately 300 ft. in depth. 10. That the petitioner testified that his lot is irregularly shaped, as the front of the property begins at a narrow width and then expands as the lot continues southward. 11. That the petitioner testified that due to the shape of his lot, the home is located within the southern quarter causing the remainder of the buildable area for detached structures to lie north of the house. 3
12. That the petitioner testified that while the garage will be located in front of his home, it will be behind the rear wall of the home immediately to the north and behind the front wall of all other homes within the subdivision. STANDARDS FOR CONDITIONAL USES: 1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use 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, to wit: a. That petitioner has demonstrated that the home lacks adequate storage for residential use in that circumstances arise wherein additional storage space beyond that which was originally constructed on the property is needed to safely store household goods within an enclosed structure. 2. That the Zoning Board of Appeals finds that petitioner has demonstrated the granting of the Conditional Use will not: a. Impair an adequate supply of light an air to the adjacent property as petitioner has demonstrated that the proposed garage will not encroach further than the district setback requirements allow. b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the structure will meet all other County and Building codes. c. Diminish the value of land and buildings throughout the County as the structure will increase the overall utility of the subject property. d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the roadway jurisdiction has filed no objection. e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the Stormwater Department has filed no objection. f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the Health Department has filed no objection. 4
g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated as the structure will increase the overall utility of the subject property. STANDARDS FOR VARIATIONS: 1. That the Zoning Board of Appeals 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 as the petitioner has demonstrated a unique circumstance arising from the location of the home on the lot which prohibits the addition of any accessory structure behind the front wall of the house, to wit: a. The home is located within the southern quarter of the lot which results in the majority of the buildable area being north of the home. Thus, the site of the proposed garage can only be in front of the home in this instance. Despite the location of the garage in front of the subject property s principal structure, it will be behind the rear wall of the home immediately to the north and behind the front wall of all other homes within the subdivision. Accordingly, the proposed location is in harmony with the spirit and intent of the ordinance as it relates to the location of detached accessory structures. 2. That the Zoning Board of Appeals finds that petitioner has demonstrated the granting of the Variations will not: a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed garage will not be taller than the maximum allowable zoning district height. b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the garage will meet all other codes and ordinances of the County, specifically the building and fire codes for said structure. c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the garage will enhance the overall utility of the property. d. Unduly increase traffic congestion in the public streets and highways as the petitioner has demonstrated that the garage will not be located in the public rightof-way and that the roadway jurisdiction has no objection. 5
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the stormwater department has no objection. f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the garage will meet all other codes of the County including the County storm water and drainage requirements. g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated no objections have been filed from any neighbor and that the garage will be consistent with the character of the neighborhood. PETITIONER S DEVELOPMENT FACT SHEET GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z16-002 Stathopoulos OWNER George W. Stathopoulos, 22W435 Ahlstrand Rd., Glen Ellyn, IL 60137. ADDRESS/LOCATION 22W435 Ahlstrand Rd., Glen Ellyn, IL 60137. PUBLICATION DATE Daily Herald: January 27, 2016 ZONING REQUEST 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. (Sec. 37-702.1) 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. (Sec. 37-702.2) PIN/TWSP./ COUNTY BOARD DIST. 05-26-307-105 Milton Township/District 4 ZONING/LUP R-2 Single Family Res. 0-5 DU/AC AREA/ UTILITIES 173,121 sq. ft. (3.97 Acres) PUBLIC HEARING Thursday, February 11, 2016, 6:00 p.m. ADDITIONAL INFORMATION: Building: No objection with the concept of the petition. DUDOT: No Objection. EXTERNAL: Village of Glen Ellyn: Objects to petition. See attached letter. Lisle/Woodridge Fire Dist.: No Objection. Glenbard Wastewater No Objection. Authority.: Illinois American Water: No Objection. 6
REQUIREMENTS for accessory structures: Front Yard: GENERAL BULK REQUIREMENTS: REQUIRED EXISTING PROPOSED 30 ft. and behind front wall of principal structure N/A In front of principal structure North Int. Side Yard: 10 ft. N/A 10 ft. South Int. Side Yard: 10 ft. In excess of 10 ft. In excess of 10 ft. Rear Yard: 3 ft. N/A 10 ft. Floor Area Ratio: 2,600 sq. ft. 1,200 sq. ft. 4,500 sq. ft. LAND USE Location Zoning Existing Use LUP Subject R-2 Single Family Res. Single Family Residential 0-5 DU/AC North R-2 Single Family Res. Single Family Residential 0-5 DU/AC South R-5 General Residential Multi-Family Low Rise 5-15 DU/AC East R-2 Single Family Res. Single Family Residential 0-5 DU/AC West R-5 General Residential Multi-Family Low Rise 5-15 DU/AC 7
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Statement of Hardship from Petitioner 16
Z16-002 Stathopoulos Page 1 O R D I N A N C E Zoning Petition Z16-002 Stathopoulos WHEREAS, a public hearing was held on February 11, 2016 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals and notice of said hearing was duly given; and WHEREAS, a petition was presented at this hearing requesting the following zoning relief: 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft.; on the property hereinafter described: THAT PART OF LOT 33 IN AHLSTRAND S ARBORETUM ESTATES, BEING A SUBDIVISION OF PART OF SECTION 26, TOWNSHIP 39 NORTH RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 1953, AS DOCUMENT 683086, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 33 AND RUNNING THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 300.00 FEET TO THE PLACE OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID LOT 33, 220.00 FEET; THENCE SOUTHERLY 330.20 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 33 THAT IS 205.00 FEET WESTERLY MEASURED ALONG SAID SOUTHERLY LINE FROM THE SOUTHEASTERLY CORNER OF SAID LOT 33; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 205.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 33; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 33; 96.20 FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE CONTINUING NORTHERLY ALONG THE SAID WESTERLY LINE 310.00 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS, TOGETHER WITH AND EASEMENT FOR PRIVATE ROAD PURPOSES 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH EASEMENT IS DESCRIBED BY MIDPOINT OF THE CURVED PORTION OF THE NORTHEASTERLY LINE OF SAID LOT 33. ALSO LOT 1 OF AHLSTRANDS DIVISION FOR EASEMENT PURPOSES OF LOT 33 IN AHLSTRAND ARBORETUM ESTATES, BEING A SUBDIVISION OF PART OF SECTION 26, TOWNSHIP 33 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID AHLSTRAND DIVISION
RECORDED NOVEMBER 15, 1954 AS DOCUMENT NO. 737022 IN DUPAGE COUNTY, ILLINOIS; and Z16-002 Stathopoulos Page 2 WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on April 7, 2016 does find as follows: FINDINGS OF FACT: 1. That the petitioner testified that he is the owner of the subject property and seeks to construct a new detached garage. 2. That the petitioner testified that he currently resides at the property with his family. 3. That the petitioner testified that he does not conduct any business activity on the subject property. 4. That the petitioner testified that the new garage will contain household accessory equipment, such a lawn maintenance equipment as well as several antique vehicles and trailers used for recreation. 5. That the petitioner testified that the new garage will have plumbing in order to wash vehicles from the garage. 6. That the petitioner testified that the building is a long-term investment intended to serve the storage needs of his family. 7. That the petitioner testified that the garage will have typical residential lighting. 8. That the petitioner testified that the garage will be located over 100 ft. behind the home of his northern neighbor. 9. That the petitioner testified that his lot is approximately 300 ft. in depth. 10. That the petitioner testified that his lot is irregularly shaped, as the front of the property begins at a narrow width and then expands as the lot continues southward. 11. That the petitioner testified that due to the shape of his lot, the home is located within the southern quarter causing the remainder of the buildable area for detached structures to lie north of the house. 12. That the petitioner testified that while the garage will be located in front of his home, it will be behind the rear wall of the home immediately to the north and behind the front wall of all other homes within the subdivision.
Z16-002 Stathopoulos Page 3 STANDARDS FOR CONDITIONAL USES: 1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use 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, to wit: a. That petitioner has demonstrated that the home lacks adequate storage for residential use in that circumstances arise wherein additional storage space beyond that which was originally constructed on the property is needed to safely store household goods within an enclosed structure. 2. That the Zoning Board of Appeals finds that petitioner has demonstrated the granting of the Conditional Use will not: a. Impair an adequate supply of light an air to the adjacent property as petitioner has demonstrated that the proposed garage will not encroach further than the district setback requirements allow. b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the structure will meet all other County and Building codes. c. Diminish the value of land and buildings throughout the County as the structure will increase the overall utility of the subject property. d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the roadway jurisdiction has filed no objection. e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the Stormwater Department has filed no objection. f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the Health Department has filed no objection. g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated as the structure will increase the overall utility of the subject property. STANDARDS FOR VARIATIONS: 1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Variation is in harmony with the general purpose and intent of the
Z16-002 Stathopoulos Page 4 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 as the petitioner has demonstrated a unique circumstance arising from the location of the home on the lot which prohibits the addition of any accessory structure behind the front wall of the house, to wit: a. The home is located within the southern quarter of the lot which results in the majority of the buildable area being north of the home. Thus, the site of the proposed garage can only be in front of the home in this instance. Despite the location of the garage in front of the subject property s principal structure, it will be behind the rear wall of the home immediately to the north and behind the front wall of all other homes within the subdivision. Accordingly, the proposed location is in harmony with the spirit and intent of the ordinance as it relates to the location of detached accessory structures. 2. That the Zoning Board of Appeals finds that petitioner has demonstrated the granting of the Variations will not: a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed garage will not be taller than the maximum allowable zoning district height. b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the garage will meet all other codes and ordinances of the County, specifically the building and fire codes for said structure. c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the garage will enhance the overall utility of the property. d. Unduly increase traffic congestion in the public streets and highways as the petitioner has demonstrated that the garage will not be located in the public rightof-way and that the roadway jurisdiction has no objection. e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the stormwater department has no objection. f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the garage will meet all other codes of the County including the County storm water and drainage requirements. g. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of DuPage County as petitioner has demonstrated no objections have been filed from any neighbor and that the garage will be consistent with the character of the neighborhood.
Z16-002 Stathopoulos Page 5 DISSENTING OPINION: The dissenting member found that the petitioner did not adequately demonstrate the need for additional storage space above that which is allowed as-of-right on his property. The dissenting member found that other opportunities are available for the petitioner to accommodate his storage needs while conforming to the district F.A.R. requirement for detached accessory structures. PETITIONER S DEVELOPMENT FACT SHEET GENERAL ZONING CASE INFORMATION CASE #/PETITIONER Z16-002 Stathopoulos OWNER George W. Stathopoulos, 22W435 Ahlstrand Rd., Glen Ellyn, IL 60137. ADDRESS/LOCATION 22W435 Ahlstrand Rd., Glen Ellyn, IL 60137. PUBLICATION DATE Daily Herald: January 27, 2016 ZONING REQUEST 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. (Sec. 37-702.1) 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. (Sec. 37-702.2) PIN/TWSP./ COUNTY BOARD DIST. 05-26-307-105 Milton Township/District 4 ZONING/LUP R-2 Single Family Res. 0-5 DU/AC AREA/ UTILITIES 173,121 sq. ft. (3.97 Acres) PUBLIC HEARING Thursday, February 11, 2016, 6:00 p.m. ADDITIONAL INFORMATION: Building: No objection with the concept of the petition. DUDOT: No Objection. EXTERNAL: Village of Glen Ellyn: Objects to petition. See attached letter. Lisle/Woodridge Fire Dist.: No Objection. Glenbard Wastewater No Objection. Authority.: Illinois American Water: No Objection. REQUIREMENTS for accessory structures: Front Yard: GENERAL BULK REQUIREMENTS: REQUIRED EXISTING PROPOSED 30 ft. and behind front wall of principal structure N/A In front of principal structure North Int. Side Yard: 10 ft. N/A 10 ft. South Int. Side Yard: 10 ft. In excess of 10 ft. In excess of 10 ft.
Rear Yard: 3 ft. N/A 10 ft. Floor Area Ratio: 2,600 sq. ft. 1,200 sq. ft. 4,500 sq. ft. LAND USE Location Zoning Existing Use LUP Subject R-2 Single Family Res. Single Family Residential 0-5 DU/AC North R-2 Single Family Res. Single Family Residential 0-5 DU/AC South R-5 General Residential Multi-Family Low Rise 5-15 DU/AC East R-2 Single Family Res. Single Family Residential 0-5 DU/AC West R-5 General Residential Multi-Family Low Rise 5-15 DU/AC Z16-002 Stathopoulos Page 6 WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on April 7, 2016 recommends to approve the following zoning relief: 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. Subject to the following conditions: 1. That the property be developed in accordance with the petitioner s site plan made part of Zoning Petition # Z16-002 Stathopoulos submitted on February 11, 2016. 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 prior to the issuance of any permits for the detached garage, the property owner record a consolidation plat with the County Recorder s Office consolidating the two (2) lots comprising the subject property into one single lot of record. 4. That the garage shall not include a bathroom or kitchen. 5. That any plumbing system in the garage shall not utilize a septic system used by the principal structure. 6. That no business activity shall be conducted on the subject property. 7. That the property be developed in accordance with all other codes and Ordinances of DuPage County. WHEREAS, the County Board Development Committee on April 19, 2016, considered the above findings and recommendations of the Zoning Board of Appeals and
recommends to concur with the findings and recommends to approve the following zoning relief: Z16-002 Stathopoulos Page 7 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft. Subject to the following conditions: 1. That the property be developed in accordance with the petitioner s site plan made part of Zoning Petition # Z16-002 Stathopoulos submitted on February 11, 2016. 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 prior to the issuance of any permits for the detached garage, the property owner record a consolidation plat with the County Recorder s Office consolidating the two (2) lots comprising the subject property into one single lot of record. 4. That the garage shall not include a bathroom or kitchen. 5. That any plumbing system in the garage shall not utilize a septic system used by the principal structure. 6. That no business activity shall be conducted on the subject property. 7. That the property be developed in accordance with all other codes and Ordinances of DuPage County. NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted: 1. A variation to allow a new detached accessory structure to be located in front of the principal structure. 2. A conditional use to increase the allowable detached accessory structure area from 2,600 sq. ft. to 4,500 sq. ft.; on the property hereinafter described: THAT PART OF LOT 33 IN AHLSTRAND S ARBORETUM ESTATES, BEING A SUBDIVISION OF PART OF SECTION 26, TOWNSHIP 39 NORTH RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 1953, AS DOCUMENT 683086, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 33 AND RUNNING THENCE SOUTHERLY ALONG THE WESTERLY
Z16-002 Stathopoulos Page 8 LINE OF SAID LOT 300.00 FEET TO THE PLACE OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID LOT 33, 220.00 FEET; THENCE SOUTHERLY 330.20 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 33 THAT IS 205.00 FEET WESTERLY MEASURED ALONG SAID SOUTHERLY LINE FROM THE SOUTHEASTERLY CORNER OF SAID LOT 33; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 205.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 33; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 33; 96.20 FEET TO AN ANGLE IN SAID WESTERLY LINE; THENCE CONTINUING NORTHERLY ALONG THE SAID WESTERLY LINE 310.00 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS, TOGETHER WITH AND EASEMENT FOR PRIVATE ROAD PURPOSES 20.00 FEET IN WIDTH, THE CENTERLINE OF WHICH EASEMENT IS DESCRIBED BY MIDPOINT OF THE CURVED PORTION OF THE NORTHEASTERLY LINE OF SAID LOT 33. ALSO LOT 1 OF AHLSTRANDS DIVISION FOR EASEMENT PURPOSES OF LOT 33 IN AHLSTRAND ARBORETUM ESTATES, BEING A SUBDIVISION OF PART OF SECTION 26, TOWNSHIP 33 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID AHLSTRAND DIVISION RECORDED NOVEMBER 15, 1954 AS DOCUMENT NO. 737022IN 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 # Z16-002 Stathopoulos submitted on February 11, 2016. 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 prior to the issuance of any permits for the detached garage, the property owner record a consolidation plat with the County Recorder s Office consolidating the two (2) lots comprising the subject property into one single lot of record. 4. That the garage shall not include a bathroom or kitchen. 5. That any plumbing system in the garage shall not utilize a septic system used by the principal structure. 6. That no business activity shall be conducted on the subject property. 7. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Z16-002 Stathopoulos Page 9 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. Lauricella, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; George W. Stathopoulos, 22W435 Ahlstrand Rd., Glen Ellyn, IL 60137; and Township Assessor, Milton Township, 1492 N Main St, Wheaton, IL 60187. Enacted and approved this 26 th day of April 2016, A.D. DANIEL J. CRONIN, CHAIRMAN DU PAGE COUNTY BOARD ATTEST: PAUL HINDS, COUNTY CLERK