title
Zoning Petition ZONING-23-000090 WagSuites
resolution
WHEREAS, a public hearing was held on November 30, 2024 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:
Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District, on the property hereinafter described:
THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36, AND THE SOUTHEAST ¼ OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT AN IRON STAKE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORHTWEST ¼ OF SAID SECTION 36, AND RUNNING THENCE WEST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION 36, 492.3 FEET TO THE CENTER LINE OF OLD ST. CHARLES ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF OLD ST. CHARLES ROAD, TO ITS INTERSECTION WITH THE CENTER LINE OF NORTH AVENUE (BEING STATE HIGHWAY ROUTE 64); THENCE SOUTH 81 DEGREES 14 MINTUES EAST ALONG THE CENTER LINE OF NORTH AVENUE, 1,459.4 FEET TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36; TEHNCE SOUTH ALONG THE SAID EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36. 358 FEETR TO THE POINT OF BEGINNING: (EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: THE PART OF TE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36 AND RUNNING THENCE SOUTH 88 DEGREES 25 MINUTES WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36 FOR A DISTANCE OF 492.3 FEET TO APOINT IN THE CENTER LINE OF OLD ST. CHARLES ROAD AT AN ANGLE POINT IN SAID ROAD; THENCE NORTH 58 DEGREES 00 MINUTES WEST ALONG SAID CENTER LINE, 61.9 FEET; THENCE NORHT 8 DEGREES 46 MINUTES EAST, 191.7 FEET; THENCE NORTH 81 DEGREES 14 MINUTES WEST, 25.0 FEET; THENCE NORTH 8 DEGREES 46 MINUTES EAST, 226.0 FEET TO THE CENTER LINE OF STATE BOND ISSUE HIGHWAY ROUTE 64; THENCE SOUTH 81 DEGREES 14 MINUTES EAST ALONG SAID CENTER LINE, 511.4 FEET TO THE EAST LINE OF SAID SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36; THENCE SOUTH ALONG SAID EAST LINE 358.0 FEET TO THE PLAT OF BEGINNING), AND ALSO (EXCEPTING THAT PART THEREOF CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED AS DOCUMENT R99-070752), 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 April 4, 2024 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is for a Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District.
2. That petitioner testified that the indoor kennel would board and/or “daycare” dogs, with grooming services available to the dogs that are under care of WagSuites.
a. That petitioner testified that there will be an area outside for the dogs to relieve themselves and for outside play time.
3. That petitioner testified that currently, he is the only employee and expects to have no more than five (5) employees in the future.
4. That petitioner testified that the proposed indoor kennel/ boarding facility would be open 24/7 with overnight boarding of dogs.
5. That petitioner testified that all waste and garbage is handled by the property owner and is disposed of by a private garbage service.
6. That petitioner testified that on average they expect approximately ten (10) dogs daily, but at maximum could hold between fifty (50) to sixty (60) dogs for holiday seasons.
7. Furthermore, that petitioner testified that the WagSuites indoor dog kennel facility would be a great addition and service to the surrounding area and due to the location on North Avenue, in close proximity County Farm Road and Route 59.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has 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 demonstrated that the proposed indoor kennel will be operated in the existing building on the subject property, and therefore will not impair an adequate supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed indoor kennel will be operated in the existing building on the subject property and that he will receive a permit for any construction or excavation on the subject property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed indoor kennel will be an added benefit to the area and will be built pursuant to the current DuPage County building codes, which 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 demonstrated that the proposed indoor kennel will not unduly increase traffic congestion in the public streets.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed indoor kennel will not increase the potential for flood damages, as it will be operated in the existing building on the subject property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the proposed indoor kennel will not incur additional public expense for flood protection, rescue, or relief, as the indoor kennel will be operated in the existing building on the subject property.
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 indoor kennel will be an added benefit to the area and service the surrounding area for the pet needs, and that it will be operated in the existing building on the subject property, which will not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER’S DEVELOPMENT FACT SHEET
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CASE #/PETITIONER |
ZONING-23-000090 WagSuites |
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ZONING REQUEST |
Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District. |
|
OWNER |
VRINDAVAN CORP, 27W641 NORTH AVENUE, WEST CHICAGO, IL 60185/AGENT: BRIAN NOWICKI, 27W751 NORTH AVENUE, WEST CHICAGO, IL 60185 |
|
ADDRESS/LOCATION |
27W751 NORTH AVENUE, WEST CHICAGO, IL 60185 |
|
PIN |
01-36-102-004 |
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TWSP./CTY. BD. DIST. |
WAYNE |
DISTRICT 6 |
|
ZONING/LUP |
B-2 GENERAL BUSINESS |
LOCAL COMMERCIAL |
|
AREA |
1.08 ACRES (47,045 SQ. FT.) |
|
UTILITIES |
WELL AND SEPTIC |
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PUBLICATION DATE |
Daily Herald: November 15, 2023 |
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PUBLIC HEARING |
Thursday, November 30, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Objections. |
|
Health: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “Animal waste and floor drains from inside the cage and play areas may not drain into the septic field.” |
|
Stormwater: |
Our office has no jurisdiction in this matter. |
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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 Winfield: |
No Comments Received. |
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Village of Carol Stream: |
No Comments Received. |
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City of West Chicago: |
No Comments Received. |
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Wayne Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Carol Stream Fire Dist.: |
No Comments Received. |
|
Sch. Dist. 25: |
No Comments Received. |
|
Sch. Dist. 94: |
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.” |
LAND USE
|
Location |
Zoning |
Existing Use |
LUP |
|
Subject |
B-2 General Business |
Commercial |
Local Commercial |
|
North |
North Avenue and beyond R-3 SF RES |
Recreational/Open Space |
0-5 DU AC |
|
South |
St. Charles Road and beyond B-2 General Business/R-3 SF RES |
Commercial/ Forest Preserve |
Open Space |
|
East |
B-2 General Business |
Motel |
Local Commercial |
|
West |
St. Charles Road and beyond B-2 General Business |
Commercial/Residential |
Local Commercial |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on April 4, 2024, recommends to approve the following zoning relief:
Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District.
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-23-000090 WagSuites dated April 4, 2024.
2. That the Conditional Use zoning relief shall expire after one (1) year from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
b. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
c. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That the Conditional Use shall inure only to the owner, VRINDAVAN CORP and/or BRIAN NOWICKI WITH WAGSUITES, and shall terminate in the event that the owner, or any entity owned or controlled by VRINDAVAN CORP, BRIAN NOWICKI and/or WAGSUITES discontinues operation of the subject Conditional Use on the subject property.
5. That the number of dogs permitted for indoor kenneling on the subject property at any one time shall not exceed ten (10).
6. That during a holiday season (up to five [5] days prior to and up to five [5] days after a holiday), the total number of dogs permitted on the subject property at any one time shall not exceed fifty (50).
7. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 7 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on April 16, 2024, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District.
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-23-000090 WagSuites dated April 4, 2024.
2. That the Conditional Use zoning relief shall expire after one (1) year from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That the Conditional Use shall inure only to the owner, VRINDAVAN CORP and/or BRIAN NOWICKI WITH WAGSUITES, and shall terminate in the event that the owner, or any entity owned or controlled by VRINDAVAN CORP, BRIAN NOWICKI and/or WAGSUITES discontinues operation of the subject Conditional Use on the subject property.
5. That the number of dogs permitted for indoor kenneling on the subject property at any one time shall not exceed ten (10).
6. That during a holiday season (up to five [5] days prior to and up to five [5] days after a holiday), the total number of dogs permitted on the subject property at any one time shall not exceed fifty (50).
7. 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:
Conditional Use to operate an indoor kennel in a B-2 General Business Zoning District, on the property hereinafter described:
THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36, AND THE SOUTHEAST ¼ OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT AN IRON STAKE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORHTWEST ¼ OF SAID SECTION 36, AND RUNNING THENCE WEST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION 36, 492.3 FEET TO THE CENTER LINE OF OLD ST. CHARLES ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF OLD ST. CHARLES ROAD, TO ITS INTERSECTION WITH THE CENTER LINE OF NORTH AVENUE (BEING STATE HIGHWAY ROUTE 64); THENCE SOUTH 81 DEGREES 14 MINTUES EAST ALONG THE CENTER LINE OF NORTH AVENUE, 1,459.4 FEET TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36; TEHNCE SOUTH ALONG THE SAID EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36. 358 FEETR TO THE POINT OF BEGINNING: (EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: THE PART OF TE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 36 AND RUNNING THENCE SOUTH 88 DEGREES 25 MINUTES WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36 FOR A DISTANCE OF 492.3 FEET TO APOINT IN THE CENTER LINE OF OLD ST. CHARLES ROAD AT AN ANGLE POINT IN SAID ROAD; THENCE NORTH 58 DEGREES 00 MINUTES WEST ALONG SAID CENTER LINE, 61.9 FEET; THENCE NORHT 8 DEGREES 46 MINUTES EAST, 191.7 FEET; THENCE NORTH 81 DEGREES 14 MINUTES WEST, 25.0 FEET; THENCE NORTH 8 DEGREES 46 MINUTES EAST, 226.0 FEET TO THE CENTER LINE OF STATE BOND ISSUE HIGHWAY ROUTE 64; THENCE SOUTH 81 DEGREES 14 MINUTES EAST ALONG SAID CENTER LINE, 511.4 FEET TO THE EAST LINE OF SAID SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 36; THENCE SOUTH ALONG SAID EAST LINE 358.0 FEET TO THE PLAT OF BEGINNING), AND ALSO (EXCEPTING THAT PART THEREOF CONVEYED TO THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED AS DOCUMENT R99-070752), IN DUPAGE COUNTY, ILLINOIS; 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-23-000090 WagSuites dated April 4, 2024.
2. That the Conditional Use zoning relief shall expire after one (1) year from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That the Conditional Use shall inure only to the owner, VRINDAVAN CORP and/or BRIAN NOWICKI WITH WAGSUITES, and shall terminate in the event that the owner, or any entity owned or controlled by VRINDAVAN CORP, BRIAN NOWICKI and/or WAGSUITES discontinues operation of the subject Conditional Use on the subject property.
5. That the number of dogs permitted for indoor kenneling on the subject property at any one time shall not exceed ten (10).
6. That during a holiday season (up to five [5] days prior to and up to five [5] days after a holiday), the total number of dogs permitted on the subject property at any one time shall not exceed fifty (50).
7. 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; VRINDAVAN CORP, 27W641 NORTH AVENUE, WEST CHICAGO, IL 60185/AGENT: BRIAN NOWICKI, 27W751 NORTH AVENUE, WEST CHICAGO, IL 60185; and Township Assessor, Wayne Township, 27W031 North Avenue, West Chicago, IL 60185.
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