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Heitzman v. Board of Zoning Appeals

FEBRUARY 28, 1974.

DALE L. HEITZMAN ET AL., PLAINTIFFS-APPELLANTS,

v.

THE BOARD OF ZONING APPEALS OF THE CITY OF ROCK ISLAND ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Rock Island County; the Hon. L.L. WINN, Judge, presiding.

MR. JUSTICE SCOTT DELIVERED THE OPINION OF THE COURT:

Defendant George H. Coin filed an application with the Board of Zoning Appeals of Rock Island, Illinois, requesting that the board authorize him to construct a "Residence Development Project", hereinafter referred to as the Project, on certain real estate owned by Coin. The plaintiffs are the owners of real estate abutting the Coin tract. Also joined as defendants are the Board of Zoning Appeals of the City of Rock Island, Illinois, and the City of Rock Island, Illinois, a municipal corporation.

The application by Coin was first presented to the board in 1971. It was referred to the planning commission, which held public hearings and recommended approval of the plan by a five-to-two vote. On December 8, 1971, the matter was finalized before the Board of Zoning Appeals with four of the seven members of the board present, three of the members of the board voting in favor of the project and one against it. The zoning ordinance of the City of Rock Island provides that four affirmative votes of the board were required in order that the application may be granted. No further steps were taken in the 1971 case, but on January 12, 1972, the defendant Coin filed another application making the same request. On February 2, 1972, the planning commission of the City of Rock Island again considered his application, the same having been referred to it by the zoning board. No further public hearings were held but all matters presented at the hearings on the 1971 application were taken into consideration by the planning commission and on that date the application was approved by a five-to-three vote. On February 9, 1972, the Board of Zoning Appeals considered the application and approved the same by a four-to-one vote. From this decision plaintiffs filed an appeal in the circuit court of Rock Island County, Illinois, and on July 7, 1972, the circuit court affirmed the decision of the Board of Zoning Appeals. From that decision plaintiffs filed this appeal.

The zoning ordinance of the City of Rock Island, where pertinent to this case, provides:

"ARTICLE VII — "R-2" ONE-FAMILY RESIDENCE DISTRICTS

7.0 USES

7.00 Permitted Principal Uses

7.001 Any use or structure permitted and as regulated in the "R-1" District, except as hereinafter modified.

7.01 When Authorized by Board of Appeals

7.011 Dwelling groups (see Section 20.03).

7.012 Hospitals, sanitariums and nursing homes, provided that any such buildings shall be at least fifty (50) feet from any other lot in any "R" District.

7.013 Cemeteries.

7.014 Residence Development Projects (see ...


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