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Mutz v. Village of Villa Park

APRIL 26, 1967.

CHARLES G. MUTZ AND MARY K. MUTZ, PLAINTIFFS-APPELLANTS,

v.

VILLAGE OF VILLA PARK, A MUNICIPAL CORPORATION, DEFENDANT-APPELLEE.



Appeal from the Circuit Court, Eighteenth Judicial Circuit, of DuPage County; the Hon. WILLIAM C. ATTEN, Judge, presiding. Judgment affirmed.

MR. PRESIDING JUSTICE DAVIS DELIVERED THE OPINION OF THE COURT.

Rehearing denied and opinion modified June 9, 1967.

This is a declaratory judgment action to change the zoning of plaintiffs' property, under the zoning ordinance of the Village of Villa Park, from a R-3 single-family dwelling to a B-3 business classification, which would permit a gasoline service station use. While the suit was pending, the Village rezoned the plaintiffs' property and other similarly situated property to a R-4 two-family classification. After a bench trial, the court entered a final decree in favor of the Village and the plaintiffs appealed.

The plaintiffs' property is located at the southwest corner of Washington Street — which runs in an easterly and westerly direction — and Route 83 — which proceeds in a northerly and southerly direction through the Village of Villa Park. It consists of lots 4 and 5, which are unimproved and front on Washington Street on a chord, a distance of 90.69 feet, and have an easterly boundary on Route 83 of 153.45 feet; and the east 50 feet of lot 1 and a small triangular part of lot 2, which lots front on Riverside Drive — the first street west of and parallel to Route 83.

Lots 4 and 5 were purchased by the plaintiffs in 1962 for the sum of $8,000. Plaintiffs reside in a home located on lots 1 and 2, which front on the east side of Riverside Drive. Lots 1 and 2 abut lots 4 and 5 on the east.

The first street south of and parallel to Washington Street is Madison Street: and Highland Avenue is the first street north of and parallel to Washington. In the block bounded by Washington Street on the north, Madison on the south, Riverside Drive on the west, and Route 83 on the east, the distance between Riverside Drive and Route 83 is 240 feet. The lots facing Riverside Drive have a depth of 150 feet, and lots 4 and 5 have a width of 90 feet when measured at a right angle to Route 83. The homes on the east side of Riverside Drive front westerly, and the rear of such homes and the attendant outbuildings face Route 83.

Madison Street is the southerly limits of the Village for a distance of a few blocks west of Route 83, except for an inverted L-shaped parcel of land which extends south of Madison Street along Route 83 to Jackson Street. The Illinois Central railroad tracks are its northerly limits for a distance of about eight blocks westerly from Route 83. The streets from the south to the north, which run in an easterly and westerly direction within the Village limits beginning at Jackson Street and proceeding northerly to the elevated railroad tracks of the Great Western Railroad just north of Park Boulevard, are: Jackson, Madison, Washington, Highland Avenue and Park Boulevard. And, the streets immediately westerly of and parallel with Route 83, are: Riverside Drive, Monterey and Oakland Avenues.

The property on the west side of Route 83, including that owned by the plaintiffs, is 90 feet in depth. It is vacant, from the elevated railroad tracks of the Great Western Railroad on the north, to a point on the south a short distance from Madison Street where certain homes are located, with the exception of one residence fronting on Park Boulevard.

North of the elevated railroad tracks, the property is zoned and used for industry. Further north — at the southwest corner of St. Charles Road and Route 83 — a truck weighing station, operated by the State of Illinois, is located; and at the northwest corner of that intersection, a gasoline service station is in operation.

Lauerence Kenyon, the Village Manager, testified that the Caliendos own the inverted L-shaped parcel of land which extends south of Madison Street along Route 83 to Jackson Street; and that a strip of this land 180 feet in depth, south of Madison Street, is zoned single-family, is vacant, and serves as a buffer between the Village single-family residential classification and the remainder of the Caliendo property to the south, which is zoned for commercial uses. He further testified that the part of the Caliendo tract which is zoned B-1 — the inverted part of the L, less the 180-foot strip — adjoins other property outside the Village and within the County; and that this adjacent property to the south to Van Buren Street is all zoned B-1. A landfill operation is in progress on this land. Further south are certain properties, improved with large buildings, used for the following purposes: a commercial tennis club; Wilson's Horse Stable; a sewerage treatment plant; and land used for a sanitary landfill operation which is zoned Industrial in the City of Oakbrook Terrace.

The land uses on the east side of Route 83 from the south to the north, beginning at a point a little south of Madison Street as extended east of Route 83 and north to the elevated railroad tracks, are: Kieft Brothers (industrial use); Vogel-Peterson Co. (industrial use); Sunoco Service Station (business and commercial use); Ill. Contractors' Machinery, Inc. (industrial use); Power Equipment Co. (industrial use); Farley Equipment Co. (industrial use); L.E. Meyers Co. (industrial use); Oakbrook Animal Hospital (business and commercial use); Clark Service Station (business and commercial use); Elmhurst Sewage Plant (public and semipublic use); and Salt Creek Sanitary Dist., Villa Park (public and semipublic use).

With the exception of the 90-foot strip of property hereinafter described, abutting Route 83 on the west, which the Village rezoned as R-4 Limited Multiple-Family District on December 6, 1965, the area west of Route 83 for a distance of three blocks — which lies between the elevated tracks of the Great Western Railroad on the north and the south Village limits — is largely improved and is classified as single-family residential. The only other uses in this area are public and semipublic — being an elementary school and the DuPage County Easter Seal Center. And this same area west to the Village limits has no uses other than single-family residential, except for certain multiple-family uses and business uses along Park Boulevard. The multiple-family uses are located about three and one-half blocks west of Route 83, and the business uses about nine blocks west thereof.

Route 83 is heavily traveled. It has a traffic count of about 19,900 vehicles per day. Washington Street is a major thoroughfare which joins the Village and the City of Lombard. Lots 4 and 5 are low and subject to frequent flooding. However, the Village has offered the plaintiffs, and other lot owners similarly situated, the necessary fill to bring such lots to grade level, without cost.

Plaintiffs entered into a land purchase option, which was exercised on April 2, 1963, for the sale of the property in question to Humble Oil Company, subject to zoning, for the sum of $48,000. The Oil Company desires to improve the ...


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