Hettzman v. Board of Zoning Appeals

308 N.E.2d 305, 17 Ill. App. 3d 711, 1974 Ill. App. LEXIS 3043
CourtAppellate Court of Illinois
DecidedFebruary 28, 1974
DocketNo. 73-75
StatusPublished

This text of 308 N.E.2d 305 (Hettzman v. Board of Zoning Appeals) 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
Hettzman v. Board of Zoning Appeals, 308 N.E.2d 305, 17 Ill. App. 3d 711, 1974 Ill. App. LEXIS 3043 (Ill. Ct. App. 1974).

Opinion

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-l” 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 Section 20.04).
7.02 Permitted Accessory Uses
7.021 "R-l” Residence District accessory uses.
7.03 HEIGHT REGULATIONS. No principal structure shall exceed two and one-half (2Vz) stories or thirty (30) feet in height, and no accessory structure shall exceed one (1) story or twelve
(12) feet in height, except as provided in Section 21.01.
# # #
20.03 DWELLING GROUPS
20.031 In the case of a project consisting of two or more dwelling units on a plot of ground not subdivided into the customary streets and lots and which will not be so subdivided, or where the
existing or contemplated street and lot layout make it impracticable by reason of adverse topographic conditions to apply the requirements of this ordinance to the plot of ground. Tire applying of such requirements to such project shall be done by the Board of Appeals in a manner that will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this Ordinance in the district in which tire proposed project is to be located.
20.032 In no case shall the Board authorize a non-residential height prohibited in the district in which tire project is to be located, or a smaller lot area per family than the minimum required under this Ordinance in such district. Nor shall the Board authorize a building coverage exceeding that which would be obtained were the same area to be developed by the customary subdivision thereof into streets and lots in conformance with the adopted Subdivision Regulations, and by the type of buildings customary in the district and in compliance with the requirements of this Ordinance.
20.04 RESIDENCE DEVELOPMENT PROJECTS
20.041 A Residence Development Project consisting of any number of buildings, tire contemplated arrangement of which makes it impossible to apply the requirements of this Ordinance to the individual buildings, may be authorized by the Board of Appeals in districts in which such projects are permitted under this Ordinance. In so doing, the Board shall first refer the plans for such project to the Planning Commission for study, public hearing and report upon finding that the plans of such project meet the following conditions:
20.0411 That the tract of land on which tire project is to be erected comprises at least five (5) acres, unless comprising an entire block.
20.0412 That the buildings are to be used only for residential purposes and the customary accessory uses, such as private garages, storage spaces, recreational and community activities.
20.0413 That the average lot area per family or dwelling unit on the site, exclusive of the area occupied by streets, will not be less than eighty (80) per cent of the lot area per family required in the district in which tire project is to be located.
20.0414 that there is to be provided within the tract, or immediately adjacent thereto, parking spaces in private garages or off-street parking areas as specified in Section 20.00.
20.0415 That there are to be provided, as a part of the project, adequate recreation areas to serve the needs of the anticipated population to be housed therein.
20.0416 That the proposed project will constitute a residential environment of sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and insure substantially the same type of occupancy as obtains or may be expected to obtain in said neighborhood; that it will result in intensity of land utilization no higher, and standards of open spaces at least as high as permitted or specified in this Ordinance in the district in which the project is to be located.
20.0417 That the project wiH be consistent with the intent and purpose of this Ordinance to promote public health, safety and general welfare.

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Bluebook (online)
308 N.E.2d 305, 17 Ill. App. 3d 711, 1974 Ill. App. LEXIS 3043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hettzman-v-board-of-zoning-appeals-illappct-1974.