title
O R D I N A N C E
Zoning Petition ZONING-23-000043 Village Theatre Guild
resolution
WHEREAS, a public hearing was held on July 20, 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 to allow an electronic message center sign.
2. Variation to increase height of an existing sign from permitted 10' to existing 11.5' (sign height not changing - only changing static sign to electronic message center sign), on the property hereinafter described:
3S020 PARK BOULEVARD: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26 AND RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 398.6 FEET TO THE CENTER LINE OF FEDERAL AID ROUT 131; THENCE WESTERLY ALONG SAID CENTER LINE, 1292.9 FEET; THENCE NORTH 6 DEGREES 58 MINUTES EAST, 102.29 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FEDERAL AID ROUTE 131, THENCE WESTERLY ALONG SAID NORTHERLY LINE, 2571.56 FEET TO THE CENTER LINE OF JOLIET ROAD (NOW CALLED PARK BOULEVARD); THENCE SOUTH 89 DEGREES 51 MINUTES WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 52.07 FEET TO THE WESTERLY LINE OF PARK BOULEVARD; THENCE NORTH 16 DEGREES 04 MINUTES EAST ALONG SAID WESTERLY LINE OF PARK BOULEVARD, 117.50 FEET FOR A PLACE OF BEGINNING; THENCE NORTH 73 DEGREES 56 MINUTES WEST, 117.50 FEET FOR APLACE OF BEGINNING; THENCE NORTH 73 DEGREES 56 MINUTES WEST, 220.11 FEET TO THE EASTERLY LINE OF LOT 1 IN A.T. MCINTOSH AND COMPANY’S BUTTERFIELD ROAD OWNER’S ASSESSMENT PLAT; THENCE NORTH 15 DEGREES 14 MINUTES EAST ALONG SAID EASTERLY LINE, 219.22 FEET TO THE NORTHERNMOST SOUTH LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 42 MINUTES 30 SECONDS EAST ALONG SAID LINE232.72 FEET TO THE WESTERLY LINE OF SAID PARK BOULEVARD; THENCE SOUTH 16 DEGREES 04 MINUTES WEST ALONG SAID LINE (BEING 50 FEET WEST OF THE CENTER LINE), 284.75 FEET TO THE PLACE OF BEGINNING, 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 August 3, 2023 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the Village Theatre Guild seeks the subject zoning relief to replace the existing static sign face with an electronic message center sign face.
2. That petitioner testified that the Village Theatre Guild is not altering the height of the forty (40) year old existing sign and that the sign’s height is 11.5’, as existing.
3. That petitioner testified that the proposed electronic message center sign will not have any music, flashing images, or light spillover onto adjacent properties, and that they will meet all applicable lighting requirements as listed in the DuPage County Zoning Ordinance.
4. That petitioner testified that the purpose of the electronic message center sign is to advertise for Village Theatre Guild events and productions, and that they will not advertise for other businesses.
5. That the Zoning Board of Appeals finds that petitioner has demonstrated evidence for a practical difficulty and unique circumstance in carrying out the strict letter of the regulations of the Zoning Ordinance, due to the sign base/structure existing for over forty (40) years on the subject property at 11.5’ in height and furthermore, that petitioner has demonstrated evidence for a Conditional Use to allow an electronic message center sign, as petitioner will only be changing out their static sign face to electronic message center sign face to better advertise performances and productions held by the Village Theatre Guild.
STANDARDS FOR CONDITIONAL USES AND VARIATIONS:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use and 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; 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 electronic message center sign will not impair an adequate supply of light and air to adjacent properties, as petitioner will be changing out the existing static sign face for an electronic message center sign and that the proposed sign will be located on the existing sign structure/base.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed electronic message center sign will not increase the hazard from fire or other dangers to said property, as petitioner will be changing out the existing static sign face for an electronic message center sign and that petitioner 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 electronic message center sign will not diminish the value of land and buildings throughout the County, as the proposed sign will be an added benefit to the surrounding area and will increase 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 electronic message center sign will meet all required setbacks, will adhere to all applicable sign/lighting requirements, which will assist in safe accessibility to the subject property.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed electronic message center sign will not increase the potential for flood damages to adjacent properties, as the existing sign base has been located on the subject property for approximately forty (40) years and that petitioner will only be changing out the existing static sign face for an electronic message center sign face.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated proposed electronic message center sign will not incur additional public expense for flood protection, rescue, or relief, as the existing sign base has been located on the subject property for approximately forty (40) years and that petitioner will only be changing out the existing static sign face for an electronic message center sign face.
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 electronic message center sign will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County, that the proposed sign will improve the surrounding area, and that the proposed sign will display emergency notifications, such as Amber Alerts.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000043 Village Theatre Guild |
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ZONING REQUEST |
1. Conditional Use to allow an electronic message center sign. 2. Variation to increase height of an existing sign from permitted 10' to existing 11.5' (sign height not changing - only changing static sign to electronic message center sign). |
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OWNER |
VILLAGE THEATRE GUILD LTD, PO BOX 184, GLEN ELLYN, IL 60138/ AGENT: JODY VOGEL, 107 WHITE BIRCH LANE, WESTMONT, IL 60559 |
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ADDRESS/LOCATION |
2S720 PARK BOULEVARD, GLEN ELLYN, IL 60137 |
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PIN |
05-26-306-006 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
O-OFFICE |
OFFICE LOW/ INSTITUTIONAL |
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AREA |
1.25 ACRES (54,450 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: JULY 5, 2023 |
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PUBLIC HEARING |
THURSDAY, JULY 20, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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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: |
“As this is outside of our planning jurisdiction, we have no comments on the petition.” |
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Village of Downers Grove: |
No Comments Received. |
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City of Wheaton: |
No Comments Received. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. “Subject property is not located within the Village of Lisle’s boundary agreement.” |
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Milton Township: |
No Comments Received. |
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Township Highway: |
Our office has no jurisdiction in this matter. |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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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 specific comments. Thank you.” |
GENERAL BULK REQUIREMENTS:
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REQUIREMENTS: |
REQUIRED |
EXISTING |
PROPOSED |
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Height: |
10’ |
APPROX. 11.5’ |
APPROX. 11.5’ |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
O-Office |
Office |
OFFICE LOW/ INSTITUTIONAL |
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North |
O-Office |
Office |
INSTITUTIONAL |
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South |
O-Office |
Office |
OFFICE LOW |
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East |
Park Boulevard and beyond R-5 General Residential |
Townhouse/Attached Single Family |
5-15 DU AC |
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West |
O-Office |
Hospital/Care Center |
INSTITUTIONAL |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on August 3, 2023, recommends to approve the following zoning relief:
1. Conditional Use to allow an electronic message center sign.
2. Variation to increase height of an existing sign from permitted 10' to existing 11.5' (sign height not changing - only changing static sign to electronic message center sign).
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-23-000043 Village Theatre Guild dated July 20, 2023.
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.
ZBA VOTE (to Approve): 6 Ayes, 0 Nays, 1 Absent
WHEREAS, the County Board Development Committee on August 15, 2023, 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:
1. Conditional Use to allow an electronic message center sign.
2. Variation to increase height of an existing sign from permitted 10' to existing 11.5' (sign height not changing - only changing static sign to electronic message center sign).
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-23-000043 Village Theatre Guild dated July 20, 2023.
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): 5 Ayes, 0 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Conditional Use to allow an electronic message center sign.
2. Variation to increase height of an existing sign from permitted 10' to existing 11.5' (sign height not changing - only changing static sign to electronic message center sign), on the property hereinafter described:
3S020 PARK BOULEVARD: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26 AND RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 398.6 FEET TO THE CENTER LINE OF FEDERAL AID ROUT 131; THENCE WESTERLY ALONG SAID CENTER LINE, 1292.9 FEET; THENCE NORTH 6 DEGREES 58 MINUTES EAST, 102.29 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID FEDERAL AID ROUTE 131, THENCE WESTERLY ALONG SAID NORTHERLY LINE, 2571.56 FEET TO THE CENTER LINE OF JOLIET ROAD (NOW CALLED PARK BOULEVARD); THENCE SOUTH 89 DEGREES 51 MINUTES WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 52.07 FEET TO THE WESTERLY LINE OF PARK BOULEVARD; THENCE NORTH 16 DEGREES 04 MINUTES EAST ALONG SAID WESTERLY LINE OF PARK BOULEVARD, 117.50 FEET FOR A PLACE OF BEGINNING; THENCE NORTH 73 DEGREES 56 MINUTES WEST, 117.50 FEET FOR APLACE OF BEGINNING; THENCE NORTH 73 DEGREES 56 MINUTES WEST, 220.11 FEET TO THE EASTERLY LINE OF LOT 1 IN A.T. MCINTOSH AND COMPANY’S BUTTERFIELD ROAD OWNER’S ASSESSMENT PLAT; THENCE NORTH 15 DEGREES 14 MINUTES EAST ALONG SAID EASTERLY LINE, 219.22 FEET TO THE NORTHERNMOST SOUTH LINE OF SAID LOT 1; THENCE NORTH 89 DEGREES 42 MINUTES 30 SECONDS EAST ALONG SAID LINE232.72 FEET TO THE WESTERLY LINE OF SAID PARK BOULEVARD; THENCE SOUTH 16 DEGREES 04 MINUTES WEST ALONG SAID LINE (BEING 50 FEET WEST OF THE CENTER LINE), 284.75 FEET TO THE PLACE OF BEGINNING, 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-23-000043 Village Theatre Guild dated July 20, 2023.
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; VILLAGE THEATRE GUILD LTD, PO BOX 184, GLEN ELLYN, IL 60138/ AGENT: JODY VOGEL, 107 WHITE BIRCH LANE, WESTMONT, IL 60559; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 22nd of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK