title
Zoning Petition ZONING-24-000022 Somerset Plaza, LLC.
resolution
WHEREAS, a public hearing was held on April 25, 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 allow auto sales with auto repair in the B-1 Local Business District, on the property hereinafter described:
LOTS 1 AND 7 IN KAREN’S ASSESSMENT PLAT OF LOT 3 IN RAMLIN ROSE SOUTH ASSESSMENT PLAT, 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 APRIL 20, 1978 AS DOCUMENT R78-111483 (EXCEPT THAT PART OF SAID LOT 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 3 IN SAID KAREN’S ASSESSMENT PLAT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3, 152.69 FEET TO THE NORTHWWESTERLY CORNER OF SAID LOT 3 SAID POITN ALSO BEING THE POINT OF BEGINNING OF THE PROPERTY TO BE DESCRIBED HEREIN; THENCE CONTINUING WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3 EXTENDED 25.0 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3, 100 FEET; THENCE EASTERLY 25 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 3, 100 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE OCUNTY, 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 June 6, 2024, does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that they requested a Conditional Use in order to allow the operation of auto sales, in addition to an existing automobile repair garage.
2. That petitioner testified that the subject property is over three (3) acres in size and is located within a strip shopping center with three (3) access points.
a. That the subject strip shopping center and shopping out-lot buildings include a restaurant, car wash, office building, liquor store, dentist, pantry, and tax office.
3. That petitioner testified that the existing use is an auto repair garage that has operated for at least forty (40) years.
4. That petitioner testified that they purchased the subject property in 2016 with the ongoing auto repair shop and assumed it was permitted as it has operated for over forty (40) years.
a. That petitioner testified that they complete general auto repair, including engine work, oil changes, brakes, and tires, and that no bodywork or salvage work is completed on the property.
b. That petitioner testified that all repairs are performed inside of the building.
c. That petitioner testified that the repair shop operates until 6:00 PM Monday through Saturday.
d. That petitioner testified that no storage of inoperable vehicles or parts will take place outside and that all repairs are completed inside.
e. That petitioner testified that there is no long-term storage of vehicles and that the normal turn around is a day or two at most.
f. That petitioner testified that approximately 60-70% is direct from customer work and that 30-40% is direct from dealers.
5. That petitioner testified that they also propose to sell automobiles out of the same location via the internet.
a. That petitioner testified that the sale of automobiles would be internet-based direct to dealers and that there would be no display of vehicles for sale for the public.
b. That petitioner testified that they would sell between three (3) and five (5) vehicles a month.
6. That petitioner testified that they have recently installed three (3) cameras in the parking lot for safety purposes.
7. That the Zoning Board of Appeals finds that the petitioner has not presented or provided sufficient evidence in order to approve a Conditional Use to allow auto sales with auto repair in the B-1 Local Business District.
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 existing automobile repair garage and proposed auto sales 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 existing automobile repair garage and proposed auto sales 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 existing automobile repair garage and proposed auto sales will not diminish in 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 existing automobile repair garage and proposed auto sales 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 sufficient evidence that the existing automobile repair garage and proposed auto sales 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 sufficient evidence that the existing automobile repair garage and proposed auto sales 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 providence sufficient evidence that the existing automobile repair garage and proposed auto sales will not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-24-000022 Somerset Plaza, LLC. |
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ZONING REQUEST |
Conditional Use to allow auto sales with auto repair in the B-1 Local Business District. |
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OWNER |
SOMERSET PLAZA, LLC., 1015 BUTTERFIELD ROAD, DOWNERS GROVE, IL 60515 / AGENT: PHILLIP LUETKEHANS & BRIAN ARMSTRONG, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 105 EAST IRVING PARK ROAD, ITASCA, IL 60143 |
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ADDRESS/LOCATION |
10S644 SOUTH ROUTE 83, WILLOWBROOK, IL 60527 / ALSO KNOWN AS: 10S644 KINGERY HIGHWAY, WILLOWBROOK, IL 60527 / ALSO KNOWN AS: 9300 S. RT 83, WILLOWBROOK, IL 60527 |
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PIN |
10-02-303-005 / 10-02-303-011 |
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TWSP./CTY. BD. DIST. |
DOWNERS GROVE |
DISTRICT 3 |
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ZONING/LUP |
B-1 LOCAL DISTRICT |
LOCAL COMMERCIAL |
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AREA |
1.76 ACRES (76,666 SQ. FT.) |
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UTILITIES |
WATER / SEWER |
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PUBLICATION DATE |
Daily Herald: APRIL 10, 2024 |
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PUBLIC HEARING |
THURSDAY, APRIL 25, 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: |
No Comments Received. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “We are the sewer and water provider, a permit is required from us.” |
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EXTERNAL: |
|
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Village of Burr Ridge: |
(See attached documentation) |
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City of Darien: |
No Objections. |
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Downers Grove 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. (See attached documentation) |
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Tri-State Fire Dist.: |
No Objections. |
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Sch. Dist. 180: |
No Objections. |
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Sch. Dist. 86: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Forest Preserve: |
No Comments Received. |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
|
Subject |
B-1 LOCAL COMMERCIAL |
COMMERCIAL |
LOCAL COMMERCIAL |
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North |
B-1 LOCAL COMMERCIAL |
COMMERCIAL |
LOCAL COMMERCIAL |
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South |
MOCKINGBIRD LANE AND BEYOND R-6 GENERAL RESIDENTIAL |
MULTI-FAMILY RESIDENTIAL |
5-15 DU AC |
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East |
ROUTE 83 AND BEYOND VILLAGE OF BURR RIDGE |
RESIDENTIAL |
VILLAGE OF BURR RIDGE |
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West |
R-6 GENERAL RESIDENTIAL |
MULTI-FAMILY RESIDENTIAL |
15+ DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on June 6, 2024, recommends to deny the following zoning relief:
Conditional Use to allow auto sales with auto repair in the B-1 Local Business District.
ZBA VOTE (to Deny): 6 Ayes, 1 Nays, 0 Absent
Dissenting Opinion: That the one (1) dissenting Zoning Board of Appeals member found that petitioner presented sufficient evidence in order to approve the subject zoning relief.
WHEREAS, the County Board Development Committee on June 18, 2024, 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:
Conditional Use to allow auto sales with auto repair in the B-1 Local Business District.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
DEVELOPMENT COMMITTEE FINDINGS OF FACT:
1. That the Development Committee found that the primary use of the subject property is automotive repair and that the automotive sales are ancillary and minimal compared to the primary use of the property, which has operated for over forty (40) years at the subject property.
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 with auto repair in the B-1 Local Business District, on the property hereinafter described:
LOTS 1 AND 7 IN KAREN’S ASSESSMENT PLAT OF LOT 3 IN RAMLIN ROSE SOUTH ASSESSMENT PLAT, 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 APRIL 20, 1978 AS DOCUMENT R78-111483 (EXCEPT THAT PART OF SAID LOT 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 3 IN SAID KAREN’S ASSESSMENT PLAT; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3, 152.69 FEET TO THE NORTHWWESTERLY CORNER OF SAID LOT 3 SAID POITN ALSO BEING THE POINT OF BEGINNING OF THE PROPERTY TO BE DESCRIBED HEREIN; THENCE CONTINUING WESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 3 EXTENDED 25.0 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3, 100 FEET; THENCE EASTERLY 25 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 3; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 3, 100 FEET TO THE POINT OF BEGINNING, ALL IN DUPAGE OCUNTY, 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; SOMERSET PLAZA, LLC., 1015 BUTTERFIELD ROAD, DOWNERS GROVE, IL 60515 / AGENT: PHILLIP LUETKEHANS & BRIAN ARMSTRONG, LUETKEHANS, BRADY, GARNER & ARMSTRONG, LLC., 105 EAST IRVING PARK ROAD, ITASCA, IL 60143; and Township Assessor, Downers Grove Township, 4340 Prince Street, Downers Grove, IL 60515.
end
Enacted and approved this 25th day of June, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK