title
Zoning Petition ZONING-24-000012 Mobil - Glen Ellyn
resolution
WHEREAS, a public hearing was held on April 3, 2024 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:
1. Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, due to IDOT R.O.W. taking.
2. Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking, on the property hereinafter described:
THAT PART OF LOT 9 IN BUTTERFIELD ESTERS SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THERE RECORDED APRIL 21, 1955 AS DOCUMENT NO. 753824, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9: THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 184.00 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID LOT 9, A DISTANCE OF 147.40 FEET; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 184.00 FEET; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 147 40 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS.
ALSO BEING DESCRIBED AS: THAT PART OF LOT 9 IN BUTTERFIELD ESTATES SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21, 1955 AS DOCUMENT NO. 753824, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 53 (100 FEET WIDE) AND THE NORTH RIGHT OF WAY LINE OF BLJTTERFIELD ROAD (200 FEET WIDE); THENCE SOUTH 84°51'48' WEST 184.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF BLJTTERFIELD ROAD; THENCE NORTH 02"'45'00'' EAST 147.40 FEET; THENCE NORTH 84°51'48" EAST 184.00 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 53; THENCE SOUTH 02°45'00" WEST 147.40 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE PLACE OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING DESCRIBED LAND: THAT PART OF LOT 9 IN BLJTTERFIELD ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SECTION 26, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21, 1955 AS DOCUMENT NUMBER 753824, IN DUPAGE COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF 0.99995005, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 84 DEGREES 02 MINUTES 54 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 9 A DISTANCE OF 50.48 FEET TO THE WEST LINE OF ILLINOIS ROUTE 53 AS DEDICATED BY DOCUMENT NUMBER 448891 RECORDED MAY 12, 1942 IN BOOK 24A OF PLATS PAGES 191 AND 191A; THENCE SOUTH 01 DEGREE 57 MINUTES 01 SECONDS WEST ALONG THE WEST LINE OF SAID ILLINOIS ROUTE 53 A DISTANCE OF 73.23 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED BY DOCUMENT NUMBER R2014-089889 RECORDED SEPTEMBER 30, 2014 AT THE DUPAGE COUNTY RECORDER'S OFFICE FOR A POINT OF BEGINNING: THENCE CONTINUING SOUTH 01 DEGREE 57 MINUTES 01 SECOND WEST ALONG THE WEST LINE OF SAID ILUNOIS ROUTE 53 A DISTANCE OF 147.34 FEET TO THE NORTH LINE OF BUTTERFIELD ROAD AS DEDICATED PER DOCUMENT NUMBER 388768 RECORDED APRIL 14, 1938, IN BOOK 328 OF DEEDS PAGE 3; THENCE SOUTH 84 DEGREES 07 MINUTES 36 SECONDS WEST ALONG THE NORTH LINE OF SAID BUTTERFIELD ROAD 35.53 FEET; THENCE NORTH 24 DEGREES 06 MINUTES 18 SECONDS EAST 19.11 FEET; THENCE ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 188.92 FEET AND A CHORD BEARING NORTH 13 DEGREES 59 MINUTES 39 SECONDS EAST, A DISTANCE OF 66.67 FEET; THENCE NORTH 01 DEGREE 57 MINUTES 34 SECONDS EAST 67.65 FEET TO THE NORTHERLY LINE OF SAID TRACT OF LAND, THENCE NORTH 84 DEGREES 06 MINUTES 38 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND 14.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.062 ACRE, MORE OR LESS.; 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 April 3, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is to allow petitioner to relocate a sign on the subject property due an IDOT right-of-way (ROW) taking.
B. That petitioner testified that the subject property is losing approximately 1/10th of an acre due to a ROW taking at Route 53/Route 56 for additional traffic lanes and sidewalks.
C. That petitioner testified that the sign will be relocated on top of the existing trash enclosure.
D. That petitioner testified that there is no alternative location for the relocated sign.
E. Furthermore, that the Hearing Officer finds that petitioner has demonstrated evidence for a practical difficulty and particular hardship due to the IDOT ROW taking on the subject property, and that the taking therefore requires petitioner to request a Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, and a Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking.
STANDARDS FOR VARIATIONS:
*Per Zoning Code Section 37-1411.3
1. That the Zoning Hearing Officer finds that petitioner has demonstrated that the granting of the Variation 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 Hearing Officer finds that petitioner has demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed sign will not impair an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed sign will not increase in the hazard from fire or other dangers and that they will receive a building permit for the proposed sign.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed sign will not diminish the value of land and buildings throughout the County and will be an added benefit to the neighborhood.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed sign 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 demonstrated that the proposed sign will not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed sign 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 demonstrated that the proposed sign will be an added benefit to the neighborhood, and will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000012 Mobil - Glen Ellyn |
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ZONING REQUEST |
1. Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, due to IDOT R.O.W. taking. 2. Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking. |
|
OWNER |
I K I REAL ESTATE, LLC., 22W070 BUTTERFIELD ROAD, GLEN ELLYN, IL 60137-7160 / AGENT: KEN PRICE, WEAVER CONSULTANTS GROUP, 1316 BOND STREET, SUITE 108, NAPERVILLE, IL 60563 |
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ADDRESS/LOCATION |
22W070 BUTTERFIELD ROAD, GLEN ELLYN, IL 60137-7160 |
|
PIN |
05-26-400-041 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
B-1 LOCAL BUSINESS |
LOCAL COMMERCIAL |
|
AREA |
0.62 ACRES (27,007 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: MARCH 15, 2024 |
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PUBLIC HEARING |
WEDNESDAY, APRIL 3, 2024 |
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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: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
No Objections. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
|
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Village of Glen Ellyn: |
No Comments Received. |
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Village of Lombard: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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City of Wheaton: |
No Comments Received. |
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Milton Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 87: |
No Comments Received. |
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Sch. Dist. 89: |
No Comments Received. |
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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.” |
GENERAL BULK REQUIREMENTS:
|
REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Corner Side Yard: |
15’ |
APPROX 5’ |
APPROX. 3.1’ |
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Rear Yard: |
20’ |
APPROX. 10’ |
APPROX. 2.7’ |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
B-1 LOCAL BUSINESS |
GAS STATION |
LOCAL COMMERCIAL |
|
North |
R-3 SF RES |
DAY CARE |
LOCAL COMMERCIAL |
|
South |
BUTTERFIELD ROAD AND BEYOND B-1 LOCAL BUSINESS |
GAS STATION |
LOCAL COMMERCIAL |
|
East |
ROUTE 53 AND BEYOND B-1 LOCAL BUSINESS |
PARK DISTRICT |
LOCAL COMMERCIAL |
|
West |
R-3 SF RES |
DAY CARE |
LOCAL COMMERCIAL |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on April 3, 2024, recommends to approve the following zoning relief:
1. Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, due to IDOT R.O.W. taking.
2. Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000012 Mobil - Glen Ellyn dated April 3, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZHO Recommendation to Approve
WHEREAS, the County Board Development Committee on April 16, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to approve the following zoning relief:
1. Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, due to IDOT R.O.W. taking.
2. Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking.
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000012 Mobil - Glen Ellyn dated April 3, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Variation to reduce the corner side setback for a relocated sign from required 15' setback to approximately 3.1 feet, due to IDOT R.O.W. taking.
2. Variation to reduce the rear yard setback for a relocated sign from required 20' setback to approximately 2.7 feet, due to IDOT R.O.W. taking, on the property hereinafter described:
THAT PART OF LOT 9 IN BUTTERFIELD ESTERS SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THERE RECORDED APRIL 21, 1955 AS DOCUMENT NO. 753824, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 9: THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 184.00 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID LOT 9, A DISTANCE OF 147.40 FEET; THENCE EAST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 9, A DISTANCE OF 184.00 FEET; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 9, A DISTANCE OF 147 40 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE COUNTY, ILLINOIS.
ALSO BEING DESCRIBED AS: THAT PART OF LOT 9 IN BUTTERFIELD ESTATES SUBDIVISION, BEING A SUBDIVISION OF THAT PART OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21, 1955 AS DOCUMENT NO. 753824, DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 53 (100 FEET WIDE) AND THE NORTH RIGHT OF WAY LINE OF BLJTTERFIELD ROAD (200 FEET WIDE); THENCE SOUTH 84°51'48' WEST 184.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE OF BLJTTERFIELD ROAD; THENCE NORTH 02"'45'00'' EAST 147.40 FEET; THENCE NORTH 84°51'48" EAST 184.00 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 53; THENCE SOUTH 02°45'00" WEST 147.40 FEET ALONG SAID WEST RIGHT OF WAY LINE TO THE PLACE OF BEGINNING. EXCEPT THEREFROM THE FOLLOWING DESCRIBED LAND: THAT PART OF LOT 9 IN BLJTTERFIELD ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SECTION 26, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 21, 1955 AS DOCUMENT NUMBER 753824, IN DUPAGE COUNTY, ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD83 (2011 ADJUSTMENT), WITH A COMBINED FACTOR OF 0.99995005, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 84 DEGREES 02 MINUTES 54 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 9 A DISTANCE OF 50.48 FEET TO THE WEST LINE OF ILLINOIS ROUTE 53 AS DEDICATED BY DOCUMENT NUMBER 448891 RECORDED MAY 12, 1942 IN BOOK 24A OF PLATS PAGES 191 AND 191A; THENCE SOUTH 01 DEGREE 57 MINUTES 01 SECONDS WEST ALONG THE WEST LINE OF SAID ILLINOIS ROUTE 53 A DISTANCE OF 73.23 FEET TO THE NORTHERLY LINE OF A TRACT OF LAND DESCRIBED BY DOCUMENT NUMBER R2014-089889 RECORDED SEPTEMBER 30, 2014 AT THE DUPAGE COUNTY RECORDER'S OFFICE FOR A POINT OF BEGINNING: THENCE CONTINUING SOUTH 01 DEGREE 57 MINUTES 01 SECOND WEST ALONG THE WEST LINE OF SAID ILUNOIS ROUTE 53 A DISTANCE OF 147.34 FEET TO THE NORTH LINE OF BUTTERFIELD ROAD AS DEDICATED PER DOCUMENT NUMBER 388768 RECORDED APRIL 14, 1938, IN BOOK 328 OF DEEDS PAGE 3; THENCE SOUTH 84 DEGREES 07 MINUTES 36 SECONDS WEST ALONG THE NORTH LINE OF SAID BUTTERFIELD ROAD 35.53 FEET; THENCE NORTH 24 DEGREES 06 MINUTES 18 SECONDS EAST 19.11 FEET; THENCE ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 188.92 FEET AND A CHORD BEARING NORTH 13 DEGREES 59 MINUTES 39 SECONDS EAST, A DISTANCE OF 66.67 FEET; THENCE NORTH 01 DEGREE 57 MINUTES 34 SECONDS EAST 67.65 FEET TO THE NORTHERLY LINE OF SAID TRACT OF LAND, THENCE NORTH 84 DEGREES 06 MINUTES 38 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND 14.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.062 ACRE, MORE OR LESS.; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-24-000012 Mobil - Glen Ellyn dated April 3, 2024.
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
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; I K I REAL ESTATE, LLC., 22W070 BUTTERFIELD ROAD, GLEN ELLYN, IL 60137-7160 / AGENT: KEN PRICE, WEAVER CONSULTANTS GROUP, 1316 BOND STREET, SUITE 108, NAPERVILLE, IL 60563; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 23rd day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK