LA SALLE NATIONAL BK. v. the Thresholds

327 N.E.2d 22, 27 Ill. App. 3d 635, 1975 Ill. App. LEXIS 2115
CourtAppellate Court of Illinois
DecidedApril 3, 1975
Docket59674
StatusPublished
Cited by7 cases

This text of 327 N.E.2d 22 (LA SALLE NATIONAL BK. v. the Thresholds) 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
LA SALLE NATIONAL BK. v. the Thresholds, 327 N.E.2d 22, 27 Ill. App. 3d 635, 1975 Ill. App. LEXIS 2115 (Ill. Ct. App. 1975).

Opinion

Mr. JUSTICE McNAMARA

delivered the opinion of the court:

The central issue involved in this appeal is whether the circuit court of Cook County erred in ruling that defendant’s proposed use of its premises qualified as a permissible use under the applicable provisions of the 1973 Chicago Zoning Ordinance.

The subject property is located at 2700 Lake View Drive in the City of Chicago. The area is zoned general residence. As to the nature of the area, the dome-roofed Elks Memorial Building is located one-half block north of the subject property. A 40-story high-rise apartment building is being constructed across the street from the defendant’s property. On Wrightwood Avenue west of Lake View Avenue stands a mansion owned by the Swedish Engineering Society, with another 40-story building nearby. Several high-rise buildings are located nearby at Sheridan Road and Diversey Avenue. Diversey Avenue contains various shops and restaurants. Included among the permissible uses for this area are the following:

“7.3-1 Permitted Uses — R1 Single-Family Residence District.
» * #
(11) Schools, Elementary and High, non-boarding and including playgrounds and athletic fields incidental thereto.
# # #
7.3-4 Permitted Uses — R4 General Residence District.
# # #
(4)' Foreign Consulates, Fraternal, Philanthropic and Eleemosynary Uses or Institutions * *

On May 3, 1972, The Thesholds, defendant in this case, applied to the zoning administrator of the city of Chicago for an occupancy permit. The administrator denied the request. On May 19, 1972, the Chicago Zoning Board of Appeals reversed that determination and expressly found that the proposed use conformed to the city’s zoning provisions. Subsequently, on March 29, ‘ 1973, La Salle National Bank, as trustee, and Howard C. Warren, as the trust beneficiary, filed suit seeking a declaratory judgment and injunction prohibiting the defendant from using the property in its proposed manner in purported violation of the Chicago Zoning Ordinance. Count II of the complaint charged that in the event the proposed use was found to be a permissible one, the zoning ordinance should be declared unconstitutional as applied to plaintiffs. Defendant denied any violation of the zoning ordinance or of plaintiffs’ constitutional rights, and additionally affirmatively asserted that the suit was barred by laches and by plaintiffs’ failure to follow the provisions of the Administrative Review Act.

After a trial on the merits, the trial judge, as trier of fact, held that plaintiffs were not precluded from maintaining this suit; that defendant’s proposed occupancy qualified as a nonboarding elementary or high school and “even more persuasively]” as a philanthropic or eleemosynary institution, permissible uses for this property under the zoning ordinance; and that the ordinance is not unconstitutional as applied to plaintiffs. The trial court then dismissed the suit. Plaintiffs’ appeal seeks to overturn the latter two sets of findings by the trial court. Defendant has filed a cross-appeal from the court’s first set of findings.

The following pertinent evidence was adduced at trial. Jerry Dincin, executive director of defendant, called as a section 60 witness by the plaintiffs, testified to the basic organizational framework and procedures which would be used at its new facility. The organization’s purpose is to provide assistance to persons suffering from emotional problems so as to enable them to establish themselves in their communities -as" productive and responsible citizens. To accomplish this purpose, defendant has set up various programs aimed at vocational and social rehabilitation, remedial education, and personal counselling.

The participants in the program would number about 140. Although almost all of them have been referred to defendant by professional agencies, clinics, private and State hospitals, and boards of education, participation is voluntary, and prospectivé members must undergo a screening process. The members would not board at the facility. About 90 percent of the current participants have been previously hospitalized for mental illness, and approximately 80 percent of the membership are currently on medication, chiefly tranquilizers and antidepressants. No medication is dispensed at the institute. The annual turnover is 100 percent.

Excluding the administrative personnel, defendant’s staff consists of 22 full-time employees, including 8 supplied by VISTA, plus 40 volunteers. Several of the staff have advanced college degrees, and all of them take part in an intensive in-training program.

Dincin further testified that the vocational rehabilitative feature of the program is directed toward “personal adjustment training.” The members are divided into four work groups, clerical, food services, housekeeping, and building maintenance. The focus of these programs is to teach work habits and not skills. The staff also attempts to develop the members’ ability to live independently.

Dincin also testified that the educational feature of its program is of equal importance to the other programs^ Approximately 40 members currently take part. The schedule of classes changes every month or two and is geared to the members’ needs. Among the subjects which were offered at the last session were mathematics and English at the 6th grade level, history, current events, and a civics course on a level of 11th or 12th grade. Eight to ten child members participate in a remedial education program pursuant to a contract with the Chicago Board of Education.

Dincin further testified on direct examination that defendant subsists through government grants and public and private solicitation. Defendant is registered in Illinois under the statute regulating solicitation of funds for charitable purposes and has been held exempt by this State from the retail occupational tax.

Loren Juhl, an attorney and chairman of defendant’s building committee, testified that the purchase price for the building was $168,500. Architectural and attorneys’ fees amounting to $40,000 and fund-raising expenses of $12,000 to $14,000 have also been incurred. Juhl testified that defendant is incorporated under the Illinois Not-For-Profit Corporation Act and that the Internal Revenue Service has determined that it is a tax-exempt organization and publicly supported charity.

James Foley, a real estate consultant and appraiser, testified that in hjs opinion the defendant’s proposed use would have a deleterious effect on the general residential nature of the area. He considered defendant’s activities to constitute a business use. The witness also felt that the fact that former mental patients would be on the premises would cause property values to depreciate.

In the opinion of Thomas Buckley, a city-planning and zoning consultant, defendant’s occupancy on the subject premises would constitute two types of land uses — an office (for professional counselling) and a vocational-training facility.

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Bluebook (online)
327 N.E.2d 22, 27 Ill. App. 3d 635, 1975 Ill. App. LEXIS 2115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-salle-national-bk-v-the-thresholds-illappct-1975.