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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: __ 8:6.
Sign Variances
Graham C-Stores, 250 S. Neltnor FILE NUMBER:
COMMITTEE AGENDA DATE:
Ordinance #20-O-0015
COUNCIL AGENDA DATE: August 17, 2020
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE 2 C — —S
APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE
ITEM SUMMARY:
Graham C-Stores owns the Citgo Gas Station located at the northwest corner of Main Street and
Neltnor Boulevard. This last winter, the sign cabinet collapsed on the site from severe winds and was
damaged beyond repair. The pole for the sign was not damaged and remains in place. The petitioner
would like to locate the new sign cabinet on the existing pole, but requires two variances to do so:
(1) A variance from Sec. 12.7-3(B) of the Zoning Ordinance to allow a freestanding sign to be set-
back zero feet from the property line, instead of the required five feet.
(2) A variance from Sec. 12.7-3(E) to allow the sign to be 17 square feet in size instead of the 12
square feet permitted.
As a legal non-conforming sign, Staff reviewed options for alternative sizes and locations that would
meet code. Due largely to visibility concerns and minimum available land, alternative locations were
all ruled out. Replacement of the non-conforming sign became, in Staff's opinion, the best option. The
height of the pole actually allows better visibility. As proposed, the new sign would be the same size
and location as it was previously.
The Planning Commission met August 4, 2020, and members voted unanimously (5-0) in favor of
recommending the variance request in that the standards for the variance were met.
ACTION PROPOSED:
Discussion and approval of the sign variances from Section 12.7-3 (B) and (E) of the Zoning Ordi-
nance.
COMMITTEE RECOMMENDATION:
Development Committee was not held due to the power outage.
Pc: Ordinance
Site Plan with Sign Location

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ORDINANCE NO. 20-0-0015
AN ORDINANCE GRANTING A ZONING VARIANCE FOR SIGNAGE
250 SOUTH NELTNOR BOULEVARD
WHEREAS, on or about July 6, 2020, Mike Hughes of Graham C-Stores, (the
“APPLICANT”), filed an application for a zoning variance to install a freestanding sign to be
setback zero (0) feet from the property line in lieu of the minimum five (5) foot setback required,
and to be seventeen (17) feet in height in lieu of the maximum twelve (12) foot height permitted,
with respect to the property legally described on Exhibit “A” attached hereto and incorporated
herein (the “SUBJECT REALTY”); and,
WHEREAS, Notice of Public Hearing on said zoning variance application was published in
the Daily Herald on July 19, 2020, 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 August 4, 2020, 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. 2020-RC-0012, 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 the SUBJECT REALTY is hereby granted the following zoning
variances:
I: A variance from Section 12.7-3(B) of the Zoning Code to allow a freestanding
sign to be setback zero (0) feet from the property line in lieu of the minimum
required five (5) foot setback; and
2. A variance from Section 12.7-3(E) of the Zoning Code to allow the sign to be
seventeen (17) feet tall in lieu of the maximum twelve (12) feet permitted.
Section 2. That the sign shall be installed in conformance with the following plans:
ib Plat of Survey, consisting of one (1) sheet prepared by ASM Consultants, Inc., dated
March 4, 2020, attached hereto as Exhibit “C”,
Ordinance 20-O0-0015
Page 1 of 8

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2 Sign Plan, consisting of two (2) sheets prepared by Sign Resource Identity Group,
dated January 16, 2020 attached hereto as Exhibit “D”.
Section 3. 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 4, 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 17" day of August, 2020.
Alderman J. Beifuss — Alderman L.Chassee
Alderman J. Sheahan ee Alderman H. Brown
Alderman A. Hallett ee Alderman Ferguson
Alderman Birch Ferguson = Alderman S.Dimas
Alderman C. Swiatek ee Alderman M. Garling
Alderman R. Stout —_ Alderman J. Short
Alderman N. Ligino-Kubinski_ Alderman J. Jakabesin
APPROVED as to form:
City Attorney
APPROVED this 17" day of August, 2020.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
PUBLISHED:
Ordinance 20-O-0015
Page 2 of 8

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EXHIBIT “A”
Subject Realty Legal Description
A PART OF THE EAST 521.38 FEET OF THE SOUTH 247.5 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 39, RANGE 9,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWEST CORNER OF NELTNOR BOULEVARD (ILLINOIS HIGHWAY 59)
AND MAIN STREET (FORMERLY KNOWN AS DEPOT STREET); THENCE WEST
ALONG THE NORTH LINE OF MAIN STREET 125 FEET; THENCE NORTH PARALLEL
TO THE WEST LINE OF NELTNOR BOULEVARD 125 FEET TO THE WEST LINE OF
NELTNOR BOULEVARD; THENCE SOUTH ALONG THE WEST LINE OF NELTNOR
BOULEVARD 125 FEET TO THE PLACE OF BEGINNING, IN DUPAGE COUNTY,
ILLINOIS, EXCEPT THAT PART OF THE EAST 521.38 FEET OF THE SOUTH 247.5 FEET
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10,
TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
DUPAGE COUNTY ILLINOIS AS DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF NELTNOR BOULEVARD (ILLINOIS ROUTE 59) AND MAIN
STREET (FORMERLY KNOWN AS DEPOT STREET) AS IT EXISTED BEFORE
PROPERTY WAS TAKEN BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN
CONDEMNATION CASE NO. C74-642; THENCE WESTERLY 20.00 FEET ON AN
ASSUMED BEARING OF SOUTH 87 DEGREES 50 MINUTES 48 SECONDS WEST
ALONG THE NORTH LINE OF MAIN STREET TO THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 87 DEGREES 50 MINUTES 48 SECONDS WEST, 17.04 FEET
ALONG THE NORTH LINE OF MAINS STREET; THENCE NORTH 63 DEGREES 52
MINUTES 33 SECONDS EAST, 33.07 FEET; THENCE NORTH 21 DEGREES 37 MINUTES
36 SECONDS EAST, 19.90 FEET TO THE WEST LINE OF NELTNOR BOULEVARD;
THENCE SOUTH 00 DEGREES 01 MINUTES 10 SECONDS WEST, 11.67 FEET, ALONG
THE WEST LINE OF NELTNOR BOULEVARD; THENCE SOUTH 43 DEGREES 55
MINUTES 59 SECONDS WEST 28.82 FEET; ALONG AN EXISTING RIGHT OF WAY
LINE PER CONDEMNATION CASE NO. C74-642, TO THE POINT OF BEGINNING, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY ILLINOIS.
Tax ID Number: 04-10-119-063
Ordinance 20-O-0015
Page 3 of 8

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EXHIBIT “B”
RECOMMENDATION NO. 2020-RC-0012
TO: The Honorable Mayor and City Council
SUBJECT: PC 20-09
Zoning Variance
Citgo Gas Station
250 South Neltnor Boulevard
DATE: August 4, 2020
DECISION: The Plan Commission/Zoning Board unanimously recommended approval of the
zoning variance for the SUBJECT REALTY by a vote of five (5) “yes” and zero (0)
“no”, subject to the sign being installed in conformance with the following plans:
1. Plat of Survey, consisting of one (1) sheet prepared by ASM Consultants, Inc., dated
March 4, 2020.
2. Sign Plan, consisting of two (2) sheets prepared by Sign Resource Identity Group,
dated January 16, 2020.
RECOMMENDATION
After holding a public hearing and after review of the requested zoning variance, the Plan
Commission/Zoning Board of Appeals recommended approval of the zoning variance 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 was developed as a gas station at least 40+ years ago and very little space
on the property can be utilized for a code compliant sign without potentially impacting
visibility at the intersection of Main Street and Route 59. The majority of the site is pavement
used for vehicular access throughout the site, The sign that the petitioner is seeking to restore
was created prior to the City’s current sign regulations.
(2) The condition upon which the requested variances are based would not be applicable,
generally, to other property within the same zoning classification:
The small size of the lot and lack of open area for a relocated sign creates difficulty for a code
compliant sign. Although other lots in the B-1 district may have even less open space for the
Ordinance 20-O-0015
Page 4 of 8

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installation of a code compliant freestanding sign, the subject lot stands apart from other
properties in the B-1 District because it is located at a hard corner of a major intersection where
a freestanding sign with high visibility is warranted,
(3) The alleged difficulty or hardship has not been created by any person presently having an
interest in the property:
As previously mentioned, the lot has been used as a gas station for 40+ years and the
previous freestanding sign was established several years ago prior to the existence of the
City’s current sign regulations.
(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 sign is being restored to its original state as it had
existed for several years. The restored sign will not create any additional non-conformities
that did not exist previously.
(5) The proposed variances will not 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:
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. The location of the previous sign was situated in a manner 0 it did
not obstruct visibility of eastbound Main Street traffic turning right onto Route 59. If the sign
is pushed further inward onto the property, it could potentially impact this visibility.
(6) The proposed variances comply with the spirit and intent of the restrictions imposed by this
Code:
The variances will restore a condition that has been in existence for several years and will in
all other respects comply with the City’s sign regulations. The intent of the setback distance
from a property line, especially along a roadway, is to keep an open visibility along the
roadway for vehicles. The location of the sign has less impact on visibility than if the sign
were shifted to the west an additional five (5) feet. Furthermore, an increase in the height of
the sign allows more visibility between the base of the pole structure and the bottom of the
face of the sign. If the sign were lowered, it may have block view of the southbound lanes of
traffic on Route 59.
Ordinance 20-O-0015
Page 5 of 8

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Respectfully submitted,
Barbara Laimins
Chairperson
VOTE:
For Against Abstain Absent
Laimins Faught
Devitt
Hale
Dettman
Kasprak
Henkin
Ordinance 20-O0-0015
Page 6 of 8

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EXHIBIT “C”
(Insert Plat of Survey)
Ordinance 20-O0-0015
Page 7 of 8

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[Extraction: OCR (rendered-page OCR)]
BASIS OF BEARING PLAT OF SURVEY LEGAL DESCRIPTION.
y HER - By SESE = ———— i A PART OF THE EAST 521.38 FEET OF THE SOUTH 247.5 FEET OF THE
NORTHEAST QUARTER OF THE NORTHIVEST QUARTER OF SECTION 10,
ILLINOIS STATE PLANE, EAST ZONE, NADS3 (2011) 0.40" South & 0.53" East TOWNSHIP 39 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
Edge of Pavement 0.8° North MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
side . | CORNER OF NELTNOR BOULEVARD (ILLINOIS HIGHWAY #59) AND MAIN
7
BEARINGS SHOWN HEREON ARE BASED ON
Found $/8* tron Pipe
Edge of Pavement-——
SCALE : 1" 4
ay eos | N.89°04'36"E. 125.00"
| Set 3/4" Iron Pipe— = — = ‘Concrete Curb
f J Cage ef Pavement { ; as
o 30" 60" None ; Sa 302 a ‘ rie.
A
11” X 17° PRINT IS THE PULL SCALE FORMAT OF THIS SURVEY.
ANY OTHER SIZE IS AT AN ADJUSTED SCALE.
‘STREET (FORMERLY KNOWN AS DEPOT STREET); THENCE WEST ALONG
THE NORTH LINE OF MAIN STREET 125 FEET; THENCE NORTH PARALLEL
TO THE WEST LINE OF NELTNOR BOULEVARD 125 FEET; THENCE EAST
PARALLEL WITH THE NORTH LINE OF MAIN STREET 125 FEET TO THE
WEST LINE OF NELTNOR BOULEVARD; THENCE SOUTH ALONG THE WEST
LINE OF NELTNOR BOULEVARD 125 FEET TO THE PLACE OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS, EXCEPT THAT PART OF THE EAST 521.38
FEET OF THE SOUTH 247.5 FEET OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 39 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF NELTNOR BOULEVARD (ILLINOIS ROUTE 59) AND MAIN STREET
(FORMERLY KNOWN AS DEPOT STREET) AS IT EXISTED BEFORE PROPERTY
WAS TAKEN BY THE ILLINOIS DEPARTMENT OF TRANSPORTATION IN.
(CONDEMNATION CASE NO. C74-642; THENCE WESTERLY 20.00 FEET ON
AN ASSUMED BEARING OF SOUTH 87 DEGREES 50 MINUTES 48 SECONDS
WEST ALONG THE NORTH LINE OF MAIN STREET TO THE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 87 DEGREES 50 MINUTES 48
SECONDS WEST, 17.04 FEET ALONG THE NORTH LINE OF MAIN STREET;
THENCE NORTH 63 DEGREES 52 MINUTES 33 SECONDS EAST, 33.07 FEET;
THENCE NORTH 21 DEGREES 37 MINUTES 36 SECONDS EAST, 19.90 FEET
TO THE WEST LINE OF NELTNOR BOULEVARD; THENCE SOUTH 00
DEGREES 01 MINUTES 10 SECONDS WEST, 11.67 FEET, ALONG THE WEST
LINE OF NELTNOR BOULEVARD; THENCE SOUTH 43 DEGREES 55 MINUTES.
59 SECONDS WEST 28.82 FEET, ALONG AN EXISTING RIGHT OF WAY LINE
PER CONDEMNATION CASE NO. C74-642, TO THE POINT OF BEGINNING,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY ILLINOIS.
(IL Route 59)
Tn
West Line of
Neltnor Boulevard
LOCATION MAP
93.33'
Concrete Block
Landscape Pavers
125.00'
(25) Guardrail
+—Fuel Station
Overhead Sign
‘Concrete Cur
Asphalt Pavement
N.01°14'58"E,
Sure? Ave
S.01°14'58"W.
Cotlord Are om
SITE,
{Public Right of Way, Width Varies)
Set Mag Nail
* [4s.00°01'10°W.)
11.67"
Fuel Check -—~
Hondhole (Typical)
End of Concrete Curb 1.6° Cast. Concrete Block
Exige of Pavement 0.1" West | i) oo 5
i | ae SURVEYOR'S CERTIFICATE
LEGEND = ew. oink ot Beginning STATE OF ILLINOIS
+ 9 wy west Corner of itor ss
——— Soulevard and Main Street COUNTY OF KANE ;
Found Iron Stake as indicated r See
1, CAROL A. SWEET-JOHNSON, AN ILLINOIS PROFESSIONAL LAND
Set 3/4" Iron Pipe as indicated
SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON,
Set Nag Natt ne Scicated (Pormerty Deook Steet) BEING COMPLETED IN THE FIELD ON 2/24/2020, IS A CORRECT
REPRESENTATION OF A SURVEY PERFORMED AT AND UNDER MY
Measured (Public Right of Way, Width Vanes) DIRECTION.
Neltnor Boulevard
Record
Boundary Line THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT
ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. ALL
Concrete — DISTANCES ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF.
ALL BUILDING TIES ARE TO THE MASONRY CORNERS. A CURRENT TITLE REPORT WAS NOT
Asphalt FURNISHED TO US FOR OUR USE IN GIVEN UNDER MY HAND AND SEAL THIS 4TH DAY OF
THE PERMANENT PARCEL INDEX NUMBER FOR THE PREPARING THIS SURVEY. THEREFORE MARCH, A.D. 2020.
Brick PROPERTY DESCRIBED HEREON IS 04-10-119-063. THERE MAY BE ADDITIONAL EASEMENTS a 4 1
AND/OR SERVITUDES EFFECTING THIS EG. BATAVIA © 9: (Nr }/ y \
Building THE PROPERTY DESCRIBED HEREON CONTAINS 15,248.8 WE q a ? ny 6
PROPERTY WHICH ARE NOT SHOWN ON Leon”, rok he LM.
SQ. FT. OR 0.350 ACRES, MORE OR LESS. THIS SURVEY.
Gravel J AGNEGN TT
. ; CAROL A. SWEET-JOHNSON
COMMONLY. KNOWN AS: peoaey ELTON vere 85 TN ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 035-3342
: LICENSE EXPIRES 11/30/2020
Exception
PREPARED BY: PREPARED FOR: NO. DATE REVISION
1. 2/24/2020 FIELD SURVEY COMPLETED
2. 3/4/2020 | _—FINAL SURVEY COMPLETED
Graham C-Stores Company
ASM Consultants, Inc.
16 E Wilson St, Batavia IL 60510 39109 N. US Hwy. 41 SITE DESIGNATION INFORMATION: PROJECT N
Tel (630) 879-0200 Fax (630) 454-3774 Wadsworth, IL 60083 Wesr Gachco che0 566018
advanced@advct.com
Professional Design Firm #184-006014 expires 4/30/2021
1 Chain = 66 Feet
WEST CHICAGO, IL 60185
“Sune gaove ® “DRAWN BY: PS | CHECKED BY: CSJ PLAT
SHEET 1 OF 2
© 2018-2020, ASM CONSULTANTS, INC, ALL RIGHTS RESERVED.

===== PDF PAGE 45 =====
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EXHIBIT “D”
(Insert Sign Plan)
Ordinance 20-O-0015
Page 8 of 8

===== PDF PAGE 46 =====
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===== PDF PAGE 47 =====
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