title
O R D I N A N C E
Zoning Petition ZONING-22-000061 VK Acquisitions VI, LLC.
resolution
WHEREAS, a public hearing was held on January 18, 2023 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. Conditional Use for open storage of trailers and materials;
2. Variation to reduce the interior side yard setbacks from 20 feet to 0 feet; and
3. Variation to reduce the rear setback from 20 feet to 0 feet, on the property hereinafter described:
PARCEL 1: THAT PART OF THE WEST 405.88 FEET OF LOT 2 (EXCEPT THE WEST 115.0 FEET CONVEYED TO COMMONWEALTH EDISON COMPANY PER DOCUMENT NO. R61-27779) IN C.H. BRUMMEL’S ASSESMENT PLAT AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF IN THE WEST HALF OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, WINFIELD TOWNSHIP AND ALSO THE EAST HALF OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, WINFIELD TOWNSHIP ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1940 IN BOOK 22 OF PLATS ON PAGE 71 AD DOCUMENT NO. 408024 IN DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED PARCEL THENCE SOUTH 01 DEGREES 02 MINUTES 59 SECONDS WEST ALONG THE WEST LINE OF THE AFOREMENTIONED PARCEL 611.1 FEET, THENCE SOUTH 83 DEGREES 25 MINUTES 01 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF THE AFOREMENTIONED PARCEL 185.0 FEET, THENCE NORTH 01 DEGREES 02 MINUTES 59 SECONDS EAST PARALLEL WITH THE WEST LINE OF THE AFOREMENTIONED PARCEL 275 FEET, THENCE NORTH 83 DEGREES 2 5MINUTES 01 SECONDS 02 MINUTES 59 SECONDS EAST PARALLEL WITH THE WEST LINE OF THE AFOREMENTIONED PARCEL 341.05 FEET TO THE NORTHERLY LINE OF SAID LOT 2, THENCE SOUTH 87 DEGREES 07 MINUTES 39 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 2, 30.16 FEET TO THE POINT OF BEGINNING.
PARCEL 2: LOT 1 (EXCEPT THAT PART TAKEN FOR BUTTERFIELD ROAD) IN FAA ASSESSMENT PLAT OF PART OF LOT 2 IN C.H. BRUMMEL’S ASSESSMENT PLAT IN THE WEST HALF OS ECITON 33, TWOSNHIP 39 NORTH, RNAGE 9, EAST OF THE THIRD PRINCIPAL MERIDAN, ACCORDING TO SAID FAA ASSESSMENT PLAT RECORDED AUGUST 30, 1990 AS DOCUMENT R90-113670, IN DUPAGE COUNTY, ILLINOIS; and
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 February 2, 2023 does find as follows:
FINDINGS OF FACT:
1. That the Zoning Board of Appeals finds that the petitioner failed to show a practical difficulty or particular hardship in relation to the requested zoning relief. In addition, that the Zoning Board of Appeals finds that petitioner presented their case as a prospective/conceptual plan with no determined tenants and did not have information on business operations for the requested Conditional Use.
2. That petitioner testified that he has requested the subject zoning relief to permit the open storage of trailers and materials on an existing parking lot that is located approximately 0’ from the interior sides and rear property line.
3. That petitioner testified that the subject property is located on Butterfield Road and zoned I-1 Light Industrial and has been used for RV/ recreational vehicle storage for the last twenty-five (25) years with 0’ setbacks on the interior sides and rear property line.
4. That petitioner testified that they would be changing the current use of recreational vehicle storage to the open storage of trailers and potentially materials.
5. That petitioner testified that they are VK Acquisitions VI, LLC, a subsidiary of VentureOne Real Estate that specializes in the investment and development of industrial properties through the region.
6. That petitioner testified that they do not have a specific user yet, however that they invest and develop industrial properties throughout the Chicagoland area and have maintain similar properties throughout the area.
7. That petitioner testified that the subject property and surrounding land uses are all industrial, with a landscaping business adjacent to the east, the City of Aurora power company to the south, warehousing to the west, and Fermilab to the north.
8. That petitioner testified that the proposed use is consistent with the underlying I-1 zoning district and is similar to the surrounding light industrial uses of the area.
9. That petitioner testified that the current RV storage use gets roughly 3 to 4 trips per hour during peak business hours (7:00 AM to 7:00 PM) or approximately 30 to 40 cars a day, and that the proposed use for open storage of trailer is projected to have 20-50 trips per day, based on similar trailer storage properties.
10. That petitioner testified that no additional vertical development/ construction would take place on the subject property and that they would utilize the existing gravel parking area, which is currently located at the property lines.
11. That petitioner testified that the if the subject property were to follow the required 20-foot setbacks along the interior side property lines and rear property line, it would be difficult to practically store trailers on the property, which is why the current RV storage use has a parking lot located at 0’ setbacks.
• Furthermore, that petitioner testified that the majority of industrial uses that would be permitted at the subject property would have difficulty operating with the width of the property (292 feet) without modifying the setbacks.
STANDARDS FOR VARIATIONS and CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has not demonstrated that the granting of the Variation and Conditional Use 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.
2. That the Zoning Board of Appeals finds that petitioner has not demonstrated the granting of the Variation and Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated that the proposed use of open storage and materials with Variations would be consistent with the surrounding area/uses and would not impair an adequate supply of light and area to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated that the proposed use for open storage and materials would not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated that the proposed use for open storage and materials with Variations would be consistent with the surrounding zoning and land uses and would not diminish the value of land and buildings in the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated that the proposed use for open storage and materials with Variations would not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated that the proposed use for open storage and materials with Variations would not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated that the proposed use for open storage and materials with Variations would not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has not demonstrated that the proposed use for open storage and materials with Variations would be consistent with the surrounding industrial areas or would be consistent with the existing RV storage use.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-22-000061 VK Acquisitions VI, LLC. |
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ZONING REQUEST |
1. Conditional Use for open storage of trailers and materials; 2. Variation to reduce the interior side yard setbacks from 20 feet to 0 feet; and 3. Variation to reduce the rear setback from 20 feet to 0 feet. |
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OWNER |
STEVE BERNING, 27W271 GALUSHA ROAD, WARRENVILLE, IL 60555/ AGENT: VK ACQUISITIONS VI, LLC. (C/O: MATTHEW GOODE), 9500 W. BRYN MAWR AVENUE, SUITE 340, ROSEMONT, IL 60018 /AGENT: ELROD FRIEDMAN LLP (C/O: HART PASSMAN), 325 N. LASALLE STREET, SUITE 450, CHICAGO, IL 60654 |
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ADDRESS/LOCATION |
30W771 BUTTERFIELD ROAD, NAPERVILLE, IL 60563 |
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PIN |
04-33-300-011/ 04-33-300-012 |
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TWSP. /CTY. BD. DIST. |
WINFIELD |
DISTRICT 6 |
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ZONING/LUP |
I-1 LIGHT INDUSTRIAL |
MULTI-FAMILY 5-15 DU AC |
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AREA |
6.53 ACRES (284,447 SQ. FT.) |
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UTILITIES |
WELL/SEPTIC |
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PUBLICATION DATE |
Daily Herald: JANUARY 3, 2023 |
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PUBLIC HEARING |
WEDNESDAY, JANUARY 18, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objections. |
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Stormwater: |
No Objections with the concept of the petition. Additional information may be required at tie of permit application. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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City of Aurora: |
No Comments Received. |
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City of Naperville: |
No Comments Received. |
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City of Warrenville: |
Objects. (See attached documentation) |
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Winfield Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Warrenville Fire Dist.: |
No Comments Received. |
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Sch. Dist. 204: |
No Comments Received. |
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Forest Preserve: |
“The Forest Preserve District of DuPage County does not have any concerns.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Int. Side Yard: |
20 FT |
0 FT |
0 FT |
|
Int. Side Yard: |
20 FT |
0 FT |
0 FT |
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Rear Yard: |
20 FT |
0 FT |
0 FT |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
I-1 Light Industrial |
RV Parking |
MULTI-FAMILY 5-15 DU AC |
|
North |
Butterfield Road and beyond R-3 SF RES |
Office-Laboratory |
Office-Laboratory |
|
South |
City of Aurora |
Industrial |
City of Aurora |
|
East |
I-1 Light Industrial |
Landscape Contractor |
MULTI-FAMILY 5-15 DU AC |
|
West |
City of Aurora |
Industrial |
City of Aurora |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on February 2, 2023, recommends to deny the following zoning relief:
1. Conditional Use for open storage of trailers and materials;
2. Variation to reduce the interior side yard setbacks from 20 feet to 0 feet; and
3. Variation to reduce the rear setback from 20 feet to 0 feet.
ZBA VOTE (to Deny): 7 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on March 21, 2023, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to not concur with the findings and recommends to approve the following zoning relief:
1. Conditional Use for open storage of trailers and materials;
2. Variation to reduce the interior side yard setbacks from 20 feet to 0 feet; and
3. Variation to reduce the rear setback from 20 feet to 0 feet.
Development Committee VOTE (to Approve): 5 Ayes, 0 Nays, 1 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT:
1. That the DuPage County Development Committee finds that the petitioner demonstrated sufficient evidence in relation to the requested zoning relief for a Conditional Use for open storage of trailers and materials, in addition to the Variations to reduce the rear and interior side setbacks.
2. That the DuPage County Development Committee finds that the proposed use for open storage of trailers and materials would be similar to that of the existing recreational vehicle storage use that has operated on the subject property for twenty-five (25) years.
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Conditional Use for open storage of trailers and materials;
2. Variation to reduce the interior side yard setbacks from 20 feet to 0 feet; and
3. Variation to reduce the rear setback from 20 feet to 0 feet, on the property hereinafter described:
PARCEL 1: THAT PART OF THE WEST 405.88 FEET OF LOT 2 (EXCEPT THE WEST 115.0 FEET CONVEYED TO COMMONWEALTH EDISON COMPANY PER DOCUMENT NO. R61-27779) IN C.H. BRUMMEL’S ASSESMENT PLAT AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF IN THE WEST HALF OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, WINFIELD TOWNSHIP AND ALSO THE EAST HALF OF SECTION 32, TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, WINFIELD TOWNSHIP ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 17, 1940 IN BOOK 22 OF PLATS ON PAGE 71 AD DOCUMENT NO. 408024 IN DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOW: BEGINNING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED PARCEL THENCE SOUTH 01 DEGREES 02 MINUTES 59 SECONDS WEST ALONG THE WEST LINE OF THE AFOREMENTIONED PARCEL 611.1 FEET, THENCE SOUTH 83 DEGREES 25 MINUTES 01 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF THE AFOREMENTIONED PARCEL 185.0 FEET, THENCE NORTH 01 DEGREES 02 MINUTES 59 SECONDS EAST PARALLEL WITH THE WEST LINE OF THE AFOREMENTIONED PARCEL 275 FEET, THENCE NORTH 83 DEGREES 2 5MINUTES 01 SECONDS 02 MINUTES 59 SECONDS EAST PARALLEL WITH THE WEST LINE OF THE AFOREMENTIONED PARCEL 341.05 FEET TO THE NORTHERLY LINE OF SAID LOT 2, THENCE SOUTH 87 DEGREES 07 MINUTES 39 SECONDS WEST ALONG THE NORTHERLY LINE OF LOT 2, 30.16 FEET TO THE POINT OF BEGINNING.
PARCEL 2: LOT 1 (EXCEPT THAT PART TAKEN FOR BUTTERFIELD ROAD) IN FAA ASSESSMENT PLAT OF PART OF LOT 2 IN C.H. BRUMMEL’S ASSESSMENT PLAT IN THE WEST HALF OS ECITON 33, TWOSNHIP 39 NORTH, RNAGE 9, EAST OF THE THIRD PRINCIPAL MERIDAN, ACCORDING TO SAID FAA ASSESSMENT PLAT RECORDED AUGUST 30, 1990 AS DOCUMENT R90-113670, IN DUPAGE COUNTY, ILLINOIS; and
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. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; STEVE BERNING, 27W271 GALUSHA ROAD, WARRENVILLE, IL 60555/ AGENT: VK ACQUISITIONS VI, LLC. (C/O: MATTHEW GOODE), 9500 W. BRYN MAWR AVENUE, SUITE 340, ROSEMONT, IL 60018 /AGENT: ELROD FRIEDMAN LLP (C/O: HART PASSMAN), 325 N. LASALLE STREET, SUITE 450, CHICAGO, IL 60654; and Township Assessor, Winfield Township, 130 Arbor Avenue, West Chicago, IL 60185.
end
Enacted and approved this 11th day of April 2023 at Wheaton, Illinois.
_______________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
ATTEST: _______________________
JEAN KACZMAREK, COUNTY CLERK