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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER: 5.8.
Water Connection Waiver
Cascade Drive-In Theater
1100 East North Avenue
FILE NUMBER:
COMMITTEE AGENDA DATE: N/A
COUNCIL AGENDA DATE: May 3, 2021
Ordinance #21-O-0003
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman siGNATURE
ITEM SUMMARY:
The owner of 1100 E. North Ave. has submitted, through their attorney, a request to waive the re-
quirements of Sections 18-4(a) and 18-33 of the Municipal Code. These sections require that all
commercial buildings with plumbing fixtures for human use within the City connect to the City water
and sewer. Section 18.4(b) of the Code, however, grants the City Council the authority to waive the
requirement to connect to either the water or sewer system if evidence has been presented that an
extraordinary hardship will result if the connection is made.
The property was used for the Cascade drive-in movie theater for 40+ years before its discontinuation
at the end of the 2018 season. After the 2018 season, the property was sold to the current ownership,
held in a land trust, who are pursuing reopening the theater. In December of 2020, the owner received
zoning approval to continue using the property as a legal nonconforming drive-in theater. The owner
is now preparing to upgrade the utility infrastructure in preparation of the reopening.
Neither sewer nor water are available for the property. The property has an existing private well and
uses an off-site septic pond for its sanitation. The owner intends to discontinue the use of the septic
pond due to concerns with public health. Instead, a private lift station and force main that will connect
to an existing sanitary sewer stub in the Prairie Meadows residential subdivision will be constructed in
its place. The owner believes the private well, however, is sufficient for the continued use of the drive-
in. Unlike connecting to the City’s sewer, which is roughly 850 feet from the property, the extension
and connection to the water main is thousands of feet. The owner has stated that extending and con-
necting to the City’s water system would be an extraordinary cost that would have only a slight incre-
mental benefit over utilizing the existing well.
As such, the owner requests a waiver from the requirement to connect to the water system and con-
tinue using the existing private well. Findings of fact, provided by the owner, are contained within the
request demonstrating the hardship to connect to water and the need for the waiver. Staff finds the
request to be reasonable and recommends approval of the waiver.
ACTION PROPOSED:
Discussion and action of the request for a waiver from Sections 18-4(a) and 18-33 of the Municipal
Code to not require the mandatory connection to the City’s water main.
COMMITTEE RECOMMENDATION:
This item did not go to a committee.
Ce: Ordinance
Waiver Request Letter

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ORDINANCE NO. 21-0-0003
AN ORDINANCE GRANTING A WAIVER TO THE MANDATORY
WATER CONNECTION FOR PROPERTY LOCATED
WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST CHICAGO
1100 EAST NORTH AVENUE
WHEREAS, Sections 18-4 (a) and 18-33 of the Code of Ordinances of the City of West
Chicago require all development and all buildings with plumbing fixtures for human use within
the corporate limits of the City of West Chicago to be connected to the City’s water and sanitary
sewer systems; and
WHEREAS, Section 18-4 (b) of the Code of Ordinances of the City of West Chicago
permits the City Council to grant an exemption to the required connection to the City’s water
system if an extraordinary hardship exists; and
WHEREAS, the Owners of the property legally described on Exhibit “A”, attached
hereto and incorporated herein, request a waiver to the water connection requirement for the
purpose of reestablishing the use of a Drive-In Movie Theater on the property and the continued
use of an existing well on the property; and,
WHEREAS, the Owners have provided the City with the necessary documentation to
confirm that the City’s existing water system cannot reasonably be extended at this time to
service the property legally described on Exhibit “A” in such a way that is economically feasible.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
West Chicago, DuPage County, Illinois, in regular session assembled, as follows:
Section 1. That a waiver to Sections 18-4 (a) and 18-33 is hereby granted for the
property legally described on Exhibit “A” to not require connection to the City’s water system at
this time.
Section 2. The water connection wavier is based on the evidence from the Owners
that the three (3) hardship criteria defined in Section 18-4 (b) of the Code of Ordinances of the
City of West Chicago have been met.
Section 3. The Owners shall connect all applicable structures located on the property
legally described on Exhibit “A” to the City’s water system when water becomes available to
service the Property.
Section 34 That this Ordinance shall be in full force and effect ten (10) days from and
after its passage, approval and publication in pamphlet form as provided by law.
Ordinance No. 21-0-0003
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PASSED this day of , 2021.
Alderman J. Beifuss Alderman L. Chassee
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman C. Dettman
Alderman Birch Ferguson Alderman S. Dimas
Alderman C. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman J. Jakabcsin Alderman J. Morano
APPROVED as to form:
City Attorney
APPROVED this day of , 2021.
Mayor Ruben Pineda
ATTEST:
City Clerk Nancy M. Smith
Ordinance No. 21-O0-0003
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EXHIBIT “A”
LOT 1 IN ISHERWOOD PLAT OF LOT 1, A SUBDIVISION OF PART OF LOT 2 IN THE
ASSESSMENT PLAT OF REED FARM, BEING A PART OF THE NORTH HALF OF
SECTION 35, TOWNSHIP 40 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE ISHERWOOD PLAT OF LOT 1, RECORDED MARCH
8, 1961 AS DOCUMENT 999138, AND CERTIFICATE OF CORRECTION RECORDED AS
DOCUMENT R61-10685, IN DUPAGE COUNTY, ILLINOIS; EXCEPTING THEREFORM
THAT PART OF THE LAND FALLING WITHIN PRINCE CROSSING ROAD AND NORTH
AVENUE.
Tax ID Number: 01-35-105-002
Ordinance No. 21-O0-0003
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Rosanova & Whitaker, Ltd. 127 Aurora Avenue
Attorneys At Law Naperville, Illinois 60540
phone 630-355-4600 © fax 630-352-3610
www.rw-attomneys.com
January 15, 2021
Tom Dabareiner
City of West Chicago
475 Main Street
West Chicago, IL 60185
Re: Cascade Theater
Utility Service Request
Dear Mr. Dabareiner:
I represent Chicago Title Land Trust Company as Trustee under Trust Number
8002380575, dated April 9, 2019, the owner of the Cascade Theater property (Owner)
located at 1100 E. North Avenue in West Chicago (Property). Since the Property was
annexed into the City in 2003, the Property has utilized private wells for water service and
sanitary waste has been handled through DuPage County.
As you are aware, the Owner is presently working to reopen a drive-in theatre on the
Property this spring. The City has amended the Municipal Code to allow for the
resumption of a non-conforming use, and the Zoning Administrator has provided a letter
authorizing the resumption of use for the Cascade Theater on the Property. However, there
are still a number of obstacles and costs, particularly with respect to infrastructure
improvements, that impede the owner’s ability to move forward with opening the Cascade
Theater.
The Owner is looking forward to resuming the use of the Cascade Theater on the Property;
however, the Owner still needs the assistance of the City if there is going to be an
opportunity to reinvigorate the Property as a drive-in theatre. At present, we are seeking
the City’s approval to connect to the City’s sanitary sewer system while we continue to
utilize private on-site wells for water service.
The sanitary sewer improvement would entail the construction of a lift station and force
main to connect the existing City sanitary sewer mains and service the Property. While
this is a costly improvement, we believe it is absolutely critical if any project is going to
move forward on the Property. Continued utilization of the cesspool on the adjacent
DuPage County parcel is unacceptable in today’s environment.

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With respect to water service, we believe that the existing wells can safely provide potable
water for the proposed drive-in theatre use. We have evaluated a connection to the City’s
water service, but we find no compelling need that justifies the extraordinary cost of
making the necessary connection. While the existing sanitary service is proximate to the
property, connection to City-owned water main would require thousands of feet of new
pipe. This type of cost simply cannot be borne by any sort of redevelopment associated
with a drive-in theatre on the Property.
Section 18-4 of the City Code requires that properties in the City are connected to City
water and sanitary sewer systems unless the City finds that a hardship exists from the strict
compliance of the requirement. We believe that the present case presents such a hardship
and in support of my client’s request for an exemption to connection to City water service,
and in response to the requirements of Section 18-4 of the City’s Code, my client states the
following.
1. As a result of the particular physical surroundings, shape, topography, or location
with reference to the nearest connection to the sanitary sewerage or waterworks system
of the city of the tract or parcel of land on which the particular building or structure
involved is situated, a particular hardship to the owner would result, as distinguished
from mere inconvenience;
While in compliance with DuPage County requirements, the Property
discharges sanitary effluent into a cesspool located proximate to the
Property. We do not believe that any such design is appropriate for public
accommodations and may present a risk to the public health. Accordingly,
we are prepared to invest hundreds of thousands of dollars to connect to the
City’s sanitary sewer infrastructure. This improvement would entail
connection to an existing manhole, 850° of forcemain, 325’ of sanitary sewer
service line, boring, and a lift station pump system to service the Property.
At the City’s request, the lift station would remain a private facility
maintained by the Owner.
There is no exigent circumstance which requires connection to the City’s
water service. While it may be generally desirable and certainly necessary
in certain applications, the proposed drive-in theatre use will require very
limited water service. The existing wells have been tested and can reasonably
accommodate service for the drive-in theatre. Connecting to the City’s water
infrastructure would require over 400° of water service line, 1100’ of 8”
watermain, 3300’ of 12” watermain, 10 valves and vaults and 15 fire
hydrants. Such a project would also entail significant trenching, backfill,
and driveway and right-of-way repair or reconstruction. This project, if even
possible due to the location of existing City services, would cost hundreds of
thousands of dollars and provide little in the way of incremental benefit to
the Property.
2. The conditions upon which the request for the exemption is based are unique to the
tract or parcel of land on which the building or structure involved is situated and are
not generally applicable to other tracts or parcels of land; and

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The Property was located under DuPage County jurisdiction until it was
annexed by the City, not at the request of the Property owner, but pursuant
to a force-annexation process in 2003. The water and sanitary sewer systems
were already existing and in compliance with the County requirements at
that time. The Cascade Theater continued to operate with the existing
sanitary and water services after annexation until 2019. The historic and the
proposed use of the Property as a drive-in theatre is unique not only to West
Chicago but also the region. A drive-in theater provides a great service and
amenity to residents but is financially constrained by only being open and in
use for a portion of the year. The unique nature of the land use and the
seasonal nature of the land use justify exceptional treatment by West
Chicago. There are no other similarly situated properties or land uses,
making it unique from all other properties in the City.
3. The granting of the exemption will not be detrimental to the public safety, health,
or welfare or injurious to other property in the neighborhood in which the particular
building or structure is located.
The drive-in theater has operated for many years at this location, utilizing
the existing wells and sanitary waste systems. The historic operation has not
proved to be injurious to the neighborhood, which is largely forest preserve,
commercial and industrial uses. It is conceivable that the Property could
continue to operate on the cesspool system; however, the Owner is concerned
about health and safety of such a system and seeks to upgrade that service at
great cost. The Owner should not be penalized for making one utility
connection that is in the public interest when there is no similar compelling
interest for the other utility connection. Many properties in DuPage County
and other counties throughout the State safely utilize wells as their water
source. Therefore, allowing the Property to operate utilizing well water as it
has done for many years is not detrimental to the public safety, health, or
welfare, nor is it injurious to other property in the neighborhood.
Connecting to the City’s sanitary system will be a benefit to the public health,
safety, and welfare and other property in the neighborhood.
Thank you for the opportunity to address these matters. My client is requesting placement
on the next available City Council agenda for approval so that the Building Inspector in
conjunction with the City Council may find. on the basis of the above evidence presented
to them that. as applied to the Property, extraordinary hardship will result from the strict
compliance with the provisions of Section 18-4, and that the Owner may be exempted from
compliance with Section 18-4.
Very truly yours,
Patti A. Bernhard