Glenview State Bank v. Village of Deerfield

572 N.E.2d 399, 213 Ill. App. 3d 747, 157 Ill. Dec. 330, 1991 Ill. App. LEXIS 798
CourtAppellate Court of Illinois
DecidedMay 16, 1991
Docket2-90-0756
StatusPublished
Cited by24 cases

This text of 572 N.E.2d 399 (Glenview State Bank v. Village of Deerfield) 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
Glenview State Bank v. Village of Deerfield, 572 N.E.2d 399, 213 Ill. App. 3d 747, 157 Ill. Dec. 330, 1991 Ill. App. LEXIS 798 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE REINHARD

delivered the opinion of the court:

In March 1988, plaintiffs, Glenview State Bank, as trustee, and Howard Savings and Loan Association, filed an application with defendant, the Village of Deerfield (Village), to rezone the subject property and allow a special use and variation. On February 23, 1989, the Village plan commission recommended denial of plaintiffs’ application. On April 3, 1989, the Village board of trustees voted to accept the recommendation of denial.

On May 24, 1989, plaintiffs filed a complaint for declaratory judgment and injunctive relief seeking to have defendant’s zoning ordinance declared unreasonable. Plaintiffs also sought to have the court declare that the proposed use was reasonable. Following a bench trial, the trial court entered judgment in favor of defendant and found that the R-l classification (residential use) was reasonable and that the proposed use was unreasonable. Plaintiffs appealed following the denial of their motion to reconsider.

The subject property is located in an area commonly known as Hovland in Deerfield. Hovland is a single-family residential area which is approximately four blocks long by four blocks wide. The streets bordering Hovland are Hackberry on the north, Willow on the east, Lake-Cook Road on the south and Wilmont Road on the west. Within this area, there has never been a nonresidential use except for a church, a school and a park. The subject property is located on the southwest corner of this area at the intersection of Lake-Cook Road and Wilmont Road. At this intersection, Lake-Cook Road has seven lanes of traffic, four westbound and three eastbound, and Wilmont Road has four lanes. This area is known as the Lake-Cook corridor. The south side of Lake-Cook Road is zoned for commercial use, and there are several commercial buildings on that side of Lake-Cook Road including, from west to east, the Arbor Lake Center, the Baxter Corporation, the Lake-Cook Road Office Center and the Deerfield Business Center. The west side of Wilmont Road also has commercial buildings including the Tollway North, Walgreen and United. Conveyor buildings. Several of these buildings are more than one story tall and can be seen from the residences in the Hovland community. Approximately 30,000 to 40,000 cars per day pass the location on Lake-Cook Road and 10,000 to 20,000 on Wilmont Road.

The subject property is approximately four acres and zoned R-l for single-family residential use. For areas zoned R-l, the Deerfield Zoning Ordinance, which was admitted into evidence, requires a minimum lot size of 20,000 square feet, a maximum structure height of 35 feet and a minimum lot width of 100 feet.

The proposed use is a combination of a family restaurant, a savings and loan with a drive-up facility and an office building. The restaurant will be about 7,500 square feet and 14.5 feet high. The other building will be three stories, which will be 35 feet high. The proposed use includes four drive-up lanes under a canopy. The three-story building is set 121 feet from the easternmost property line. The measurement from the rear wall of the restaurant to the rear property line is 250 feet. One of the two buildings is 270 feet from a home, and the other building is 84 feet from a residence. A berm of about two feet will extend down the property line and will be planted with evergreens which would be approximately 10 feet tall. The proposed use will also include a loading berth and trash containers. The entrance to the site would be on the east end of the subject property. The entrance is designed for “right-tum-in-right-turn-out” and no left turns from 4 p.m. to 6 p.m. Although the proposed use provides for only 287 parking spaces, the Village ordinance under this plan requires 296 spaces.

John Pródromos testified that when he purchased the property, he was aware that the zoning classification was residential. He also stated that, when he purchased the property in 1985, there were two houses on the land. One house was moved to a neighboring lot and the other was razed. The subject property is now vacant land.

Joseph Abel, an expert in the field of land use and planning, testified for plaintiffs. Abel opined that the subject property is not appropriate for single-family development, especially considering the traffic at the Lake-Cook/Wilmont intersection. He based that opinion in part on the fact that over the last 10 years only 2.5% of the total property fronting Lake-Cook Road from Saunders to Waukegan Roads was developed for single-family use, while approximately 25% of the frontage had been developed for commercial or office use. Abel stated that the trend of development in the corridor and along Wilmont Road is for commercial and office use. Abel’s opinion was that the most appropriate use for the subject property is not R-l single-family development and that the R-l zoning classification was totally inappropriate. After describing the proposed use for the subject property, Abel opined that the proposed use is totally compatible with the uses surrounding the subject property and will not have any adverse effect on the surrounding residential area to the north and to the east. Abel also stated that the proposed use would be an excellent transition from the commercial area to the residential area and would comply with the highest and best use of the subject property.

On cross-examination, Abel admitted that, when he worked as a consultant for defendant, he prepared a comprehensive plan which designated the subject property for single-family development. Abel agreed that the area has maintained itself as a residential area and that the trend in the area would be “in-fill” residential development, specifically single-family development. Abel also agreed that, under the proposed use, people could be coming in as early as 6 a.m. and as late as 10 p.m. and parking within 10 feet of the neighbor’s backyard.

Terrence O’Brien, who was recognized as an expert in the field of real estate appraisal and evaluation, testified for plaintiffs. After describing the proposed use and defining highest and best use, O’Brien opined that the highest and best use of the subject property would be a business or commercial development. In O’Brien’s opinion, the value of the subject property with the proposed use is $1,400,000. Under its existing R-l zoning, the value would be $360,000, and even under the Planned Residential Development (Planned Residential Development) under R-l zoning, the value would only be $700,000. Further, O’Brien’s opinion was that there definitely was a need for restaurants and office space in the area. After describing a study which he conducted showing that an office building within 50 feet of residences had no effect on the residences’ level of appreciation, O’Brien stated that the proposed development is harmonious and compatible with other land uses in the area. On cross-examination, O’Brien admitted that the Budah office building only three-fourths of a mile away from the subject property is unoccupied. O’Brien also admitted that the trend in the area is for single-family development. O’Brien also thought that there was a reasonable probability of rezoning the area for more intense single-family use.

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Bluebook (online)
572 N.E.2d 399, 213 Ill. App. 3d 747, 157 Ill. Dec. 330, 1991 Ill. App. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenview-state-bank-v-village-of-deerfield-illappct-1991.