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DuPage committee upholds ZBA denial of conditional use for duplexes on two small lots
Summary
The Development Committee voted to sustain the zoning hearing board's denial of a conditional-use petition by Mamalotte LLC to allow two duplexes (four units) on two adjacent lots, citing lack of hardship and small lot sizes.
The DuPage County Development Committee on June 17 voted to sustain a zoning hearing board denial of a conditional-use petition from Mamalotte LLC that sought approval to build two duplexes (four units total) on two adjacent lots in an R-4 single-family zoning district.
The county chair opened discussion by asking staff to explain the petition. Jessica, a county staff member, told the committee the Zoning Board of Appeals recommended denial because the petitioner did not present standards required for a conditional use, did not show unique circumstances or hardship, and the lots were too small to support duplexes. Each property is “a little less than 7,000 square feet,” she said, and under the county's recent code changes the lots are buildable for single-family homes as historic lots of record.
The committee discussed alternatives. A member asked whether the properties could be built as single-family homes; staff said applicants could apply for building permits to construct single-family houses on each lot under current rules. Staff also noted the county's floor-area-ratio limit of 35 percent would apply to any single-family home on those parcels.
During the roll-call vote the committee recorded no support for overturning the ZBA denial. Member Colbert, Vice Chair Yu, Member Deacon Garcia and Chair Tornatore voted no and the motion to approve the conditional use failed.
Nut Graf: The committee's action preserves the Zoning Board of Appeals' decision that the Mamalotte petition lacked the legal showing required for a conditional use: proof of unique physical circumstances or hardship rather than an economic argument, and conformity with neighborhood character.
The county staff explanation clarified that recent zoning code amendments for historic lots of record changed how lot-size and lot-width requirements are applied; those amendments allow narrower lots to be treated as buildable for single-family homes but do not by themselves permit duplexes without the conditional-use findings. The committee did not direct further study or remand of this petition at the meeting.
The record shows the committee considered site size, neighborhood character and statutory standards for conditional uses but did not approve the requested relief. Future applicants can pursue single-family building permits consistent with the historic-lot provisions referenced by staff.
