DuPage County hearing on 5517 Essex Road lot-size variance draws neighborhood opposition over drainage, precedent

A DuPage County hearing on July 17 considered a request to divide 5517 Essex Road into two smaller residential lots, drawing multiple residents who urged denial because of flooding, septic and neighborhood-character concerns.

The request, filed as zoning case 1500030, seeks a variance to reduce the required lot size from 40,000 square feet to roughly 16,142 square feet for proposed Lot 1 and about 16,112 square feet for proposed Lot 2, according to the applicant’s presentation. The petition was presented by attorney Scott Richmond on behalf of property owner Barbara Cocella.

County context and applicant case

Scott Richmond, attorney for the applicant, told the board the proposal would leave the existing single-family house and outbuildings in place and create one new 1,500-square-foot, single-level home on the corner lot. Richmond said the new house would connect to municipal water and would have a new septic system built to DuPage County standards. He added that engineering work by Kroome Engineering, submitted as an exhibit, concluded the project is designed to "maintain existing drainage patterns to the greatest extent possible," and that the site lies outside mapped FEMA flood areas.

"The proposed project has been designed to maintain existing drainage patterns to the greatest extent possible, and any alterations to grading or site structures have been engineered to redirect stormwater towards approved drainage outlets," Richmond said while tendering a drainage exhibit and an engineering letter to the record.

Why the appeal matters to neighbors

Dozens of nearby homeowners attended the hearing to object. Joseph Virlota, who said he lives at 5516 Kingston and has lived there more than 33 years, told the board he values the neighborhood for its large lots and said he opposed subdivision.

"I have nothing against them, but I'm against the proposal," Virlota said.

Resident comments focused on flooding and precedent. Several speakers — including Jerry Lockhart, who said he has lived in the area 50 years, and Richard Wing, who provided photographs of flooding at his property — said stormwater already accumulates in neighborhood ditches and yards and that adding more lots could worsen the problem.

"Every time there's rain, we all get flooded," Lockhart said, describing recurring drainage problems in the subdivision known locally as McIntosh Farms and in the adjacent area called The Meadows.

Karen Oseka (5506 Kingston) and Scott Weypert (5512 Kingston) also opposed the variance, citing changes to neighborhood character and repeated flooding after heavy storms in the past.

Applicant response and county procedure

Richmond responded that the subdivision is not part of a larger wave of conversions and said two previously subdivided lots in the area are similar in original size to his client’s property. He reiterated the engineering exhibit’s findings and asked the board to recommend approval.

The hearing officer (DuPage County staff member presiding) closed public comment and set a recommendation meeting for Aug. 14 at 5:30 p.m. in the same room, at which the board will vote on the petition. No vote was taken on July 17 and the record for this hearing was closed.

What remains unresolved

Neighbors asked whether the county should study wider drainage impacts from allowing additional subdivisions in the neighborhood; the presiding staff member said that broader study was beyond the scope of the hearing. The applicant's submission included an engineering letter and a drainage exhibit; residents supplied photos and flood descriptions that they asked be included in the record.

Ending

The DuPage County board will consider a recommendation and any formal action on Aug. 14 at 5:30 p.m.; the county hearing record was closed on July 17. The board may accept additional materials as exhibits before the recommendation meeting in accordance with county procedures.