title
Zoning Petition ZONING-23-000085 Beilani
resolution
WHEREAS, a public hearing was held on November 29, 2023 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business
District, on the property hereinafter described:
PARCEL 1: THE SOUTH 180 FEET AS MEASURED IN THE EASTERLY AND WESTERLY LINES OF LOT 3 IN RAMBLIN ROSE SOUTH ASSESSMENT PLAT, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 8, 1968 AS DOCUMENT R68-9754.
PARCEL 2: A NON-EXCLUSIVE PERPETUAL EASEMENT APPURTENANT TO PARCEL 1 FOR THE PURPOSE OF INGRESS AND EGRESS OVER A 25 FOOR PARCEL OF LAND LYING NORTH OF AND ADJACENT TO THE NORTHERLY LINE OF PARCEL 1, RECORDED DECEMBER 29, 1978, AND KNOWN AS DOCUMENT R78-125107.
PARCEL 3: A NON-EXCLUSIVE, PERPETUAL EASEMENT, APPURTENANT TO PARCEL 1, FOR THE PURPOSE OF INGRESS AND EGRESS TO AND FROM PARCEL 1 AND FOR THE PURPOSES OF INSTALLING, OPERATING, MAINTAINING, REPAIRING, REPLACING, AND RENEWING STORM SEWER LINE, SANITARY SEWER LINE, WATER LINE, GAS LINE, AND ELECTRICAL LINE, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND COMMENCING AT THE INTERSECTION OF THE SOUTHERLY PROPERTY LINE OF PARCEL 1 AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 83; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 83, TO THE POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY OF MOCKINGBIRD LANE; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF MOCKINGBIRD LANE, TO THE POINT OF INTERSECTIUON WITH THE EASTERLY BOUNDARY OF LILAC LANE EXTENDED; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF LILAC LANE, EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROPERTY LINE OF PARCEL 1: THENCE EASTERLY ALONG THE SOUTHERLY PROPERTY LINE OF PARCEL 1, TO THE POINT OF BEGINNING, RECORDED DECEMBER 22, 1978 AS DOCUMENT R78-123155; and
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on November 29, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that he seeks the subject zoning relief to allow auto sales (selling on the internet) in the B-1 Local Business District.
B. That petitioner testified that the luxury car sales would be completed through appointment only and not open to the public.
C. That petitioner testified that no advertising signs or balloons would be present on the subject property for the proposed auto sales business.
D. That petitioner testified that the proposed auto sales business hours would be 9 AM - 6 PM and closed on Sundays.
E. That petitioner testified that they would have fifty (50) electric and luxury cars for sale, at maximum.
F. That the Zoning Hearing Officer finds that petitioner has not demonstrated or provided sufficient evidence for a Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business District. In addition, that the Zoning Hearing Officer finds that petitioner did not demonstrate or provide evidence regarding the required Standards for Conditional Uses.
a. Furthermore, that the Zoning Hearing Officer finds that petitioner did not address concerns from the Tri-State Fire Protection District regarding improvements to the site, such as the installation of a fire hydrant.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has not demonstrated that the granting of the 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; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided sufficient evidence that the proposed auto sales business will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided sufficient evidence that the proposed auto sales business will 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 or provided sufficient evidence that the proposed auto sales business will not diminish the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided sufficient evidence that the proposed auto sales business will 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 or provided evidence that the proposed auto sales business will not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that the proposed auto sales business will 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 or provided evidence that the proposed auto sales business will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
|
GENERAL ZONING CASE INFORMATION |
|
CASE #/PETITIONER |
ZONING-23-000085 Beilani |
|
ZONING REQUEST |
Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business District. |
|
OWNER |
CARITE REALTY, LLC., 10S710 KINGERY HWY, WILLOWBROOK, IL 60527/ CARITE REALTY, LLC., 101 W 14 MILE, MADISON HTS, MI 48071/ AGENT: MOHANAD BEILANI, 10S710 KINGERY HWY, WILLOWBROOK, IL 60527 |
|
ADDRESS/LOCATION |
10S710 KINGERY HWY, WILLOWBROOK, IL 60527 |
|
PIN |
10-02-303-010 |
|
TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
|
ZONING/LUP |
B-1 LOCAL BUSINESS |
LOCAL COMMERCIAL |
|
AREA |
1.59 ACRES (69,260 SQ. FT.) |
|
UTILITIES |
WATER AND SEWER |
|
PUBLICATION DATE |
Daily Herald: NOVEMBER 14, 2023 |
|
PUBLIC HEARING |
WEDNESDAY, NOVEMBER 29, 2023 |
|
ADDITIONAL INFORMATION: |
|
Building: |
No Objections. |
|
DUDOT: |
No Comments Received. |
|
Health: |
Our office has no jurisdiction in this matter. |
|
Stormwater: |
Our office has no jurisdiction in this matter. |
|
Public Works: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. “We are the sanitary sewer and water provider.” |
|
EXTERNAL: |
|
|
Village of Burr Ridge: |
(See attached documentation) |
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City of Darien: |
No Objections. |
|
Village of Lemont: |
No Comments Received. |
|
Downers Grove Township: |
No Comments Received. |
|
Township Highway: |
Our office has no jurisdiction in this matter. |
|
Tri-State Fire Dist.: |
(See attached documentation) |
|
Sch. Dist. 180: |
No Objections. |
|
Sch. Dist. 86: |
No Objections. |
|
Forest Preserve: |
“The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
B-1 Local Business |
Commercial |
Local Commercial |
|
North |
B-1 Local Business |
Commercial |
Local Commercial |
|
South |
Mockingbird Lane and beyond R-6 General Residential |
Multi-Family |
Multi-Family 5-15 DU AC |
|
East |
Route 83 and beyond Village of Burr Ridge |
House |
Village of Burr Ridge |
|
West |
R-6 General Residential |
Multi-Family |
Multi-Family 15+ DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on November 29, 2023, recommends to deny the following zoning relief:
Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business District.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on January 16, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed relative to the following zoning relief:
Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business District.
Development Committee VOTE (Motion to Approve Failed ): 0 Ayes, 5 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use to allow auto sales (selling on the internet) in the B-1 Local Business
District, on the property hereinafter described:
PARCEL 1: THE SOUTH 180 FEET AS MEASURED IN THE EASTERLY AND WESTERLY LINES OF LOT 3 IN RAMBLIN ROSE SOUTH ASSESSMENT PLAT, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 8, 1968 AS DOCUMENT R68-9754.
PARCEL 2: A NON-EXCLUSIVE PERPETUAL EASEMENT APPURTENANT TO PARCEL 1 FOR THE PURPOSE OF INGRESS AND EGRESS OVER A 25 FOOR PARCEL OF LAND LYING NORTH OF AND ADJACENT TO THE NORTHERLY LINE OF PARCEL 1, RECORDED DECEMBER 29, 1978, AND KNOWN AS DOCUMENT R78-125107.
PARCEL 3: A NON-EXCLUSIVE, PERPETUAL EASEMENT, APPURTENANT TO PARCEL 1, FOR THE PURPOSE OF INGRESS AND EGRESS TO AND FROM PARCEL 1 AND FOR THE PURPOSES OF INSTALLING, OPERATING, MAINTAINING, REPAIRING, REPLACING, AND RENEWING STORM SEWER LINE, SANITARY SEWER LINE, WATER LINE, GAS LINE, AND ELECTRICAL LINE, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND COMMENCING AT THE INTERSECTION OF THE SOUTHERLY PROPERTY LINE OF PARCEL 1 AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 83; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROUTE 83, TO THE POINT OF INTERSECTION WITH THE SOUTHERLY BOUNDARY OF MOCKINGBIRD LANE; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF MOCKINGBIRD LANE, TO THE POINT OF INTERSECTIUON WITH THE EASTERLY BOUNDARY OF LILAC LANE EXTENDED; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF LILAC LANE, EXTENDED TO THE POINT OF INTERSECTION WITH THE SOUTHERLY PROPERTY LINE OF PARCEL 1: THENCE EASTERLY ALONG THE SOUTHERLY PROPERTY LINE OF PARCEL 1, TO THE POINT OF BEGINNING, RECORDED DECEMBER 22, 1978 AS DOCUMENT R78-123155; 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; CARITE REALTY, LLC., 10S710 KINGERY HWY, WILLOWBROOK, IL 60527/ CARITE REALTY, LLC., 101 W 14 MILE, MADISON HTS, MI 48071/ AGENT: MOHANAD BEILANI, 10S710 KINGERY HWY, WILLOWBROOK, IL 60527; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 23rd day of January, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK