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CITY OF WEST CHICAGO
DEVELOPMENT COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: — “f° 9.
Special Uses and Variances for Internet Based Motor
Vehicle Sales and Car Repair Center at 1850 W. Roo-
sevelt Road
FILE NUMBER:
COMMITTEE AGENDA DATE: Apr. 8, 2019
COUNCIL AGENDA DATE:
Ordinance No. 19-O-0012
=}
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE _/ ( y Be
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
AAHH2 LLC, d/b/a CMI Auto, requests approval of special uses to establish an internet-based motor
vehicle sales facility with a motor vehicle repair shop and motor vehicle care center at 1850 W. Roo-
sevelt Road. Given certain existing constraints on the site, the petitioner also seeks several variances.
The property is zoned M, Manufacturing and the Comprehensive Plan designates it as Office Re-
search and Light Industrial. It was previously home to Cliff's Auto Body. The property includes an ac-
cessory structure intended to be used as storage for the principle use. All employee vehicles and in-
ventory will be parked in the rear behind a fence, except for customer vehicles which will park in the
front, paved parking area. The variances will allow continued use of the customer parking area, which
would be eliminated absent the variances.
The Plan Commission/ZBA considered the Findings of Fact for both Special Use consideration and
for the variances and voted 5-0 in favor of granting all of the requests. The Plan Commission/Zoning
Board of Appeals’ recommendation is included as Exhibit “B” of the attached ordinance.
ATTACHMENTS:
Draft Ordinance Approving the Special Uses and Variances
Plan Commission/ZBA Recommendation (attached as Exhibit “B” to the Ordinance)
Plat of Survey
ACTION PROPOSED:
Consideration of an Internet Based Motor Vehicle Sales Facility, with Motor Vehicle Repair Shop and
Care Center, including several variances.
COMMITTEE RECOMMENDATION:

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ORDINANCE NO. 19-O-0012
AN ORDINANCE GRANTING
SPECIAL USE PERMITS AND CERTAIN VARIANCES
FOR A MOTOR VEHICLE REPAIR FACILITY
AT 1850 WEST ROOSEVELT ROAD
WHEREAS, on or about August 7, 2018, AAHH2 LLC (the “APPLICANT”), filed an
application for special use permits to establish an internet based motor vehicle sales facility, along
with a motor vehicle care center and a motor vehicle repair shop at the property legally described on
Exhibit “A” attached hereto and incorporated herein (the “SUBJECT REALTY”); and,
WHEREAS, a Notice of Public Hearing on said special use application was published in the
Daily Herald on March 18, 2019, as required by the ordinances of the City of West Chicago and the
statutes of the State of Illinois; and,
WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of
Appeals of the City of West Chicago, commencing on April 2, 2019, pursuant to said Notice; and,
WHEREAS, at the Public Hearing, the APPLICANT provided testimony in support of its
application, and all interested parties had an opportunity to be heard; and,
WHEREAS, the corporate authorities of the City of West Chicago have received the
recommendation of the Plan Commission/Zoning Board of Appeals, which contains specific
findings of fact, pursuant to Recommendation No. 2019-RC-0008, a copy of which is attached
hereto as Exhibit “B” which is, by this reference, incorporated herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West
Chicago, Du Page County, Illinois, in regular session assembled, as follows:
Section 1. That three (3) special use permits in conformance with Sections 11.2-4(C),
11.2-4(DD) and11.2-4(GG) of the Zoning Ordinance are hereby granted for the SUBJECT
REALTY, to establish an internet based motor vehicle sales shop, a motor vehicle repair shop and a
motor vehicle care center at 1850 West Roosevelt Road.
Section 2. That the special use permits are hereby granted subject to compliance with the
following conditions:
1. The SUBJECT REALTY shall be used in substantial conformance with the Plat of
Survey prepare by Steinbrecher Land Surveyors, Inc. date July 12, 2018, including the
hand drawn parking layout improvements and septic field location.
2. All vehicles to be sold or repaired, or that are in the process of being sold or repaired,
shall be parked and stored inside the fenced storage area.
3. All business related vehicles (i.e. tow trucks, vehicle transports, etc.) shall be parked
Ordinance 19-O-0012
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within the fenced storage area.
4. All employee parking shall be located within the fenced storage area.
Slats shall be added to the existing chain-link fence to decrease the visibility of the
storage area.
No vehicles shall be parked within the Roosevelt Road right-of-way.
All gravel surfaces shall be removed or paved prior to the issuance of a final
certificate of occupancy.
8. The existing building on the eastern portion of the property shall be used only for
storage of items related to the approved special uses on the property. No storage from
any offsite uses may occur within the building.
us
EQN
Section 3. That the SUBJECT REALTY is hereby granted a variance to allow a five-foot
parking area setback along the north lot line where 20 feet is required and eliminate the 15-foot side
yard parking area requirement in the M, Manufacturing District.
Section 4. That the SUBJECT REALTY is hereby granted a variance to eliminate the rear
yard setback requirement lot line where 15 feet is required in the M, Manufacturing District.
Section 5. That all ordinances and resolutions, or parts thereof, in conflict with the
provisions of this Ordinance are, to the extent of such conflict, hereby repealed.
Section 6. That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this__ day of April, 2019
Alderman J. Beifuss a Alderman L. Chassee ee
Alderman J. Sheahan a Alderman H. Brown =
Alderman A. Hallett _ Alderman M. Ferguson _
Alderman M. Birch-Ferguson_—__ Alderman S. Dimas ee
Alderman C. Swiatek _ Alderman M. Garling ey
Alderman R. Stout _ Alderman J. Short _
Alderman N. Ligino-Kubinski_ Alderman B. Gagliardi _
Ordinance 19-O-0012
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APPROVED as to form:
City Attorney
ADOPTED this day of April, 2019.
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk
PUBLISHED:
Ordinance 19-O-0012
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EXHIBIT “A”
Subject Realty Legal Description
Tax ID Number: 04-08-103-009
That part of the southwest quarter of the northwest quarter of Section 8, Township 39 North,
Range 9, East of the Third Principal Meridian, described as follows: beginning at a point on the
south line of said southwest quarter of the northwest quarter 200 feet west of the northeast
quarter corner of the west 60 acres of the southwest quarter of said Section 8; said point of
beginning being the southwest corner of the schoolhouse lot conveyed by George McCauley and
wife to School Trustees by deed recorded April 13, 1857 in Bool 20 of Deeds, Page 430, as
Document 11308, thence running north 92 feet to the south line of the highway; thence north 73
degrees 20 minutes west along the south line of said highway 441.7 feet to the east line of the
highway running southerly; thence south 22 degrees 54 minutes west along the east line of the
highway 208 feet to the south line of said southwest quarter of the northwest quarter; thence east
to the point of beginning; (except therefrom land conveyed to Trustees of Schools, District 27 by
quit claim deed recorded May 14, 1921 as Document 148351 and excepting therefrom the
westerly 185 feet as measured along the south line of Roosevelt Road and the south line of said
southwest quarter of the northwest quarter of Section 8) in DuPage County, Illinois.
Ordinance 19-O-0012
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EXHIBIT “B”
RECOMMENDATION NO. 2019-RC-008
TO: Honorable Mayor and City Council
SUBJECT: PC 18-22
Special Use Permits and Variances
CMI Auto Repair
1850 Roosevelt Road
DATE: April 2, 2019
DECISION: The Plan Commission/Zoning Board of Appeals unanimously (5-0 vote)
recommended approval of four (4) special use permits to allow internet based
motor vehicle sales, motor vehicle care center, motor vehicle repair shop, and
outside storage ancillary to the special uses and variances to the pavement
setbacks in the front, side, and rear yards.
RECOMMENDATION:
After holding a public hearing and after review of the requested special use permits and
variances, the Plan Commission/Zoning Board of Appeals recommended approval of the special
use permits according to the following findings of fact:
(1) Is necessary for the public convenience at that location or, the case of existing noncon-
forming uses, a special use permit will make the use more compatible with its
surroundings:
(This standard should be interpreted as indicating whether or not the proposed use is good
for the public at that particular physical location, and not whether the use itself is needed
there)
The proposed motor vehicle related uses are best suited for an industrial area such as the
subject property. The subject property is located within one of the City’s primary
commercial corridors and is compatible with the existing commercial and industrial uses
that surround it.
(2) Is so designed, located and proposed to be operated that the public health, safety and
welfare will be protected:
The proposed use of the subject property should not adversely impact the public health,
safety and welfare of the community. It is consistent with the former use of the property
with relatively minor modifications proposed to the site. Improvements will be made to the
site including paving all storage areas with a hard surface and enhancing the existing
fencing for the storage areas with slats.
Ordinance 19-O-0012
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(3) Will not cause substantial injury to the value of other property in the neighborhood in
which it is located:
The proposed motor vehicle related uses should not cause substantial injury to the value of
other property in the neighborhood in which it is located because the proposed use is best
suited for a commercial or industrial area and the subject property is located within one of
the City’s primary commercial corridors and is compatible with the existing commercial
and industrial uses that surround it including the auto repair facility to the west and the
landscape contractor’s yard to the south.
(4) The proposed special use is designated by this code as a listed special use in the zoning
district in which the property in question is located:
The proposed internet based motor vehicle sales use is listed as a special use per Section
11.2-4 (DD) of the Zoning Code. The proposed motor vehicle care center use is listed as a
special use per Section 11.2-4 (GG) of the Zoning Code. The proposed motor vehicle
repair shop use is listed as a special use per Section 11.2-4 (C) of the Zoning Code. The
outside storage area is ancillary to the proposed special uses and is a special use per
Section 11.4-2(T) of the Zoning Code.
Furthermore, the Plan Commission/Zoning Board of Appeals recommended approval of the
variances according to the following findings of fact:
(1) The particular physical surroundings, shape or topographical condition of the specific
property involved would result in a particular hardship upon the owner, as distinguished
from a mere inconvenience or loss of revenue, if the strict letter of the regulations were
carried out:
The subject property is unique in that the site was developed under previous requirements
that are no longer in effect and bringing the site into compliance with the City’s current
standards would severely limit the functionality of the site given the location of the existing
building and the existing curb cuts.
(2) The condition upon which the requested variances are based would not be applicable, gener-
ally, to other property within the same zoning classification:
The requested variances are being supported because of the unique layout of the site. Many
elements of the site are legal non-conforming and bring the site into compliance with the
City’s current standards would severely limit the functionality of the site.
(3) The alleged difficulty or hardship has not been created by any person presently having an
interest in the property:
The applicant is not the original developer of the site and is not responsible for the site’s many
legal non-conformities.
Ordinance 19-O-0012
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(4) The granting of the variances will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located:
Granting the requested variances should not be detrimental to the public welfare or injurious
to other property in the area because the subject property’s site layout and surrounding sites
are existing commercial/industrial uses that are compatible with the proposed use and
additional landscape screening is not deemed necessary.
(5) The proposed variances will not impair an adequate supply of light and air to adjacent prop-
erty, substantially increase the congestion in the public streets, increase the danger of fire,
endanger the public safety or substantially diminish or impair property values within the
neighborhood:
The proposed variances should not substantially impair an adequate supply of light and air
to adjacent property, substantially increase the congestion in the public streets, increase the
danger of fire, endanger the public safety or substantially diminish or impair property values
within the neighborhood.
(6) The proposed variances comply with the spirit and intent of the restrictions imposed by this
Code:
Bringing the site into compliance with the City’s current standards would severely limit the
functionality of the site given the location of the existing building and the existing curb cuts.
The Plan Commission/Zoning Board of Appeals recommended approval of the special use
permits subject to the following conditions of approval:
Ik
The subject property shall be used in substantial conformance with the Plat of Survey
prepared by Steinbrecher Land Surveyors, Inc. dated July 12, 2018, including the hand
drawn parking layout improvements and septic field location.
All vehicles to be sold or repaired, or that are in the process of being sold or repaired,
shall be parked and stored inside the fenced storage area.
All business related vehicles (i.e. tow trucks, vehicle transports, etc.) shall be parked
within the fenced storage area.
All employee parking shall be located within the fenced storage area.
Slats shall be added to the existing chain-link fence to decrease the visibility of the
storage area.
No vehicles shall be parked within the Roosevelt Road right-of-way.
All gravel surfaces shall be removed or paved prior to the issuance of a final certificate of
occupancy.
The existing building on the eastern portion of the property shall be used only for storage
of items related to the approved special uses on the property. No storage from any offsite
Ordinance 19-O-0012
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uses may occur within the building.
Respectfully submitted,
Steve Hale
Acting Chairman
VOTE:
For Against Abstain Absent
Devitt Dettman
Hale Laimin
Kasprak
Faught
Henkin
Ordinance 19-O0-0012
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