Blazier v. St. Clair County

568 N.E.2d 508, 209 Ill. App. 3d 928, 154 Ill. Dec. 508, 1991 Ill. App. LEXIS 315
CourtAppellate Court of Illinois
DecidedMarch 7, 1991
DocketNo. 5-89-0795
StatusPublished

This text of 568 N.E.2d 508 (Blazier v. St. Clair County) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blazier v. St. Clair County, 568 N.E.2d 508, 209 Ill. App. 3d 928, 154 Ill. Dec. 508, 1991 Ill. App. LEXIS 315 (Ill. Ct. App. 1991).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

This is an appeal from an order of the trial court affirming the decision of the County Board of St. Clair County (County Board), denying Thomas Blazier’s application for a special use permit. Plaintiff appeals the circuit court’s decision, raising the following issues: (1) whether the trial court abused its discretion in denying Blazier’s requested relief; (2) whether the court’s order is against the manifest weight of the evidence; and (3) whether the actions of the St. Clair County Zoning Board of Appeals (Zoning Board) and the County Board were an arbitrary and unreasonable exercise of the legislative power. We affirm.

In 1976, Blazier built a two-story, 3,800-square-foot residence at 30 Richard Place, Belleville, Illinois. The residence is located at the end of Richard Place, which is a dead-end street. The structure was built as a single-family residence as the zoning district in which it was built has been zoned “SR-4 single family residence” since 1969. In July 1988, Blazier submitted a petition for a special use permit. At the hearing before the Zoning Board of Appeals, an area map was admitted into evidence. According to that map, and the testimony of plaintiff’s attorney, there are four duplexes in the nearby subdivision of Sunset Hills, which is a few streets over from Richard Place. On Eiler Road, approximately a half mile from the Richard Place-Eiler Road intersection, there are a home and a mobile home on one lot. Plaintiff’s attorney also testified that on the lot immediately adjacent to the subject property, there is a structure being utilized as a two-family residence. There is also a duplex at the corner of Richard Place and Eiler Road, which faces Eiler Road, but has a side entrance on Richard Place.

County Board member Edward Anderson testified that the four duplexes located in the nearby neighborhood to which plaintiff referred are part of a subdivision which was laid out some years ago and a certain part of that area was designated for duplexes. With regard to the mobile homes in and around the area in question, Anderson testified that until recently there were no ordinances to prevent the many uses of mobile homes.

Kenneth Kujawa, a resident of Richard Place, presented an objector’s petition which was admitted into evidence. The petition, purportedly signed by 19 residents of Richard Place, states that the signatories “are opposed to the granting of a Special Permit to convert an existing structure into a duplex in a ‘SR-4’, Single Family Residence Zone District at 32 [sic] Richard PI., Belleville, II.” Kujawa testified that the main reason the residents are opposed to the granting of a special use permit is:

“[B]ecause of the traffic flow which comes through there. It’s a dead-end street. I believe the speed limit is — it’s not posted. Little children — I have two children myself *** we have two handicapped children who live on the street *** going to the end of the street, there’s no where to turn around and flying back out of there.”

Greg Binder, a member of the Signal Hill fire department, voiced his personal objection to the special use permit. Binder testified that, “the fires that we have had *** we had no way to turn the apparatus around down there. There maybe a couple more cars down there. It may make it difficult for something like that. We can get the apparatus in and get the job done, but getting out may be a different story.”

Following the hearing the Zoning Board denied Blazier’s application for a special use permit based upon the following findings:

“[T]he proposed use would not be compatible to the area which is mainly single family residences; this would not be the highest and best use for the subject property; granting this request would set a precedent; and there were many objectors present at the hearing including County Board Member, Edward Anderson.”

The County Board concurred with the Zoning Board’s findings and recommendations.

At the hearing on Blazier’s complaint for administrative review, he was permitted to present additional evidence to the court in the nature of the testimony of two witnesses who did not testify before the Zoning Board. The defendant did not object to the admission of such evidence. We point out that section 3 — 110 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, par. 3 — 110) provides that on administrative review, “[n]o new or additional evidence in support of or in opposition to any finding, order, determination or decision of the administrative agency shall be heard by the court.” Section 3— Ill(a)(7) provides that the circuit court may remand the cause to the administrative agency for the taking of additional evidence. (Ill. Rev. Stat. 1989, ch. 110, par. 3 — Ill.) As the circuit court may not entertain additional evidence or conduct a hearing de novo (Zbiegien v. Department of Labor (1987), 156 Ill. App. 3d 395, 398-99, 510 N.E.2d 422, 425), we will confine our decision to an examination of the evidence presented before the Zoning Board.

The trial court entered an order affirming the denial of Blazier’s special use permit, ruling that the

“findings and order of the Zoning Board of Appeals and the subsequent resolution by the County Board in 88 — 49—SP concerning property owned by the Plaintiff on Richard Place, Belleville, Illinois bear a relationship to the public health, safety and welfare, were not arbitrary and do not constitute an unreasonable exercise of legislative power.”

Defendant contends that the trial court’s decision was an abuse of discretion and is contrary to the manifest weight of the evidence. A zoning ordinance will be upheld if it bears any substantial relationship to the public health, safety, comfort or welfare. (La Grange State Bank v. County of Cook (1979), 75 Ill. 2d 301, 307-08, 388 N.E.2d 388, 392, citing Tomasek v. City of Des Plaines (1976), 64 Ill. 2d 172, 179-80, 354 N.E.2d 899, 903.) The plaintiff must establish by clear and convincing evidence that the existing ordinance, as applied to his property, is arbitrary and unreasonable and without substantial relation to the public health, safety, comfort, morals or general welfare. Bennett v. City of Chicago (1962), 24 Ill. 2d 270, 273-74, 181 N.E.2d 96, 98.

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Related

Zbiegien v. Department of Labor
510 N.E.2d 422 (Appellate Court of Illinois, 1987)
Tomasek v. City of Des Plaines
354 N.E.2d 899 (Illinois Supreme Court, 1976)
La Salle National Bank v. County of Cook
145 N.E.2d 65 (Illinois Supreme Court, 1957)
Amalgamated Trust & Savings Bank v. County of Cook
402 N.E.2d 719 (Appellate Court of Illinois, 1980)
People Ex Rel. Alco Deree Co. v. City of Chicago
118 N.E.2d 20 (Illinois Supreme Court, 1954)
Haws v. Village of Hinsdale
386 N.E.2d 122 (Appellate Court of Illinois, 1979)
La Grange State Bank v. County of Cook
388 N.E.2d 388 (Illinois Supreme Court, 1979)
Bennett v. City of Chicago
181 N.E.2d 96 (Illinois Supreme Court, 1962)
Cosmopolitan National Bank v. Village of Northbrook
487 N.E.2d 55 (Appellate Court of Illinois, 1985)

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Bluebook (online)
568 N.E.2d 508, 209 Ill. App. 3d 928, 154 Ill. Dec. 508, 1991 Ill. App. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blazier-v-st-clair-county-illappct-1991.