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DuPage County hearing signals likely temporary allowance for 33-year-old pool that encroaches on setback
Summary
At a May 6 DuPage County zoning hearing, petitioner Julie Elliot asked to keep a 33-year-old pool and equipment that sit about 1 foot inside the rear property line; hearing officer Robert Carthol said he is inclined toward a one-year conditional use and will issue a recommendation on May 20.
DuPage County zoning hearing officer Robert Carthol said he is inclined to recommend a short-term conditional use to allow an existing pool and its pump and filter to remain near the rear property line of Julie Elliot’s lot while the county verifies compliance. "It's a difficult case to approve in particular since the age of the pool," Carthol said during the May 6 hearing, adding he would consider a one-year period to give the owners time to move or replace the equipment.
Julie Elliot testified the aboveground pool has been at her Nordic Hills property since July 1993 and presented a survey and photographs to support her request. She said the pump and filter equipment currently sit approximately 1 foot from the rear property line, while the pool itself sits about 5 feet from the fence on both sides. "I can always move it," Elliot said when asked whether the pump could be relocated, though she also said moving equipment could cost about $2,800 and might damage the liner.
Carthol said the case will proceed through the normal recommendation process: he will make a recommendation at the county’s recommendation session and forward it to the county development committee and ultimately the full county board. He told Elliot she should expect an email with his decision; the recommendation session was set for May 20 at 3:00 p.m.
Neighbors did not appear to press a formal opposition during the recorded hearing, though Carthol read an anonymous message asserting the pool had not been inspected and should be moved into compliance. Carthol said he would consider input from other departments — including the health department and public works — before finalizing his recommendation.
Because no formal vote was taken at the May 6 hearing, the matter remains pending. The county’s next procedural step is the May 20 recommendation session, after which the development committee and county board will have opportunity for final determination.
