Hon.

Robert Kartholl, Chair, and

Members of the Zoning Board of Appeals

March 9, 2020
Page 2

ABOUT THE PROJECT

Applicant proposes an automated car wash (an automobile laundry) at the Subject
Property. The development will offer a tunnel with drying operations situated to the north of the
Subject Property in the taller area of the building. Adjacent to the car was, will be fifteen vacuum
stations (one of which is accessible) and three parking spaces (one of which is accessible). The
proposal calls for three stacking lanes that will enter the car wash via a pay station on the south
side of the Subject Property. Canopies will offer the vacuum area and pay stations protection
from the elements. A small vending area is situated in the center of the car wash building’s west
façade and the machines planned will offer small articles related to auto maintenance (cleaning
clothes, air fresheners and other similar small items).

Vehicular circulation will be in a counterclockwise direction through the property.

Access to 75th Street will be right-in/right-out. Upon entry during most days of the year, a
customer will be able to elect between proceeding directly to the car wash entry or a vacuum
station. On highest-volume days, the operator will often extend cones or barricades to divide the
stacking lanes from the vacuum area drive aisle in order to require customers to proceed to the
car wash first and, subsequently, use available vacuum stations. An escape aisle is provided east
of the car wash building to allow vehicles between the pay station and the car wash entrance to
exit the queue.

Applicant proposes complete screening along all lot lines. A monument sign will be
constructed in the north landscape yard. Following discussion with Darien, Applicant adjusted
the height of the solid fence from six feet to the maximum height permitted (8’6”). A more
decorative four-foot fence will extend from a point through part of the north 65 feet of the west
lot line. Two area of landscaping and an 8’6” fence on the south lot line will serve to attenuate
sound.

Lighting will meet County standards. With the addition of the third stacking lane to better
plan for stacking in line with Darien standards, Applicant has replaced proposed pole lighting
with lighting that will be installed on the 8’6” solid fence along the west lot line.

Hours of operation will vary depending on the season, weather and day of the week.
Hours of operation will meet County standards. Typically, car washes will be open between 7:00
AM and 10:00 PM, but suburban car washes often have shorter hours of operation (8:00 AM
until 9:00 PM). Saturday hours will likely be the same as most weekday hours, but the opening
hour on Sundays will be slightly later than other days of the week.

ABOUT THE PROPERTY

The Subject Property offers 43,680 square feet and is currently improved with a single-
story residence, shed and an entry drive. Current well and septic will be abandoned in favor of
water and sewer. The Subject Property is 140 feet wide and 312 feet deep and offers relatively
flat terrain with a drop in elevation of only a few feet from north to south. The Subject Property
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 3

would be ten feet wider but for prior cooperation when planning for stormwater facilities.
Existing storm improvements connect to an off-site storm sewer southwest of the Subject
Property.

The Subject Property is unincorporated and located on the border of the Village Downers
Grove (north) and the City of Darien. A boundary agreement places the Subject Property under
Darien’s eventual jurisdiction. The Subject Property is located on the south side of 75 th Street, a
major arterial street with limitations that prevent a left turn from the Subject Property and a
westbound left turn into the Subject Property.

THE NEIGHBORHOOD

As you are aware, 75th Street has long been a focal point for commercial development
and more dense residential development, and this area is no exception. While there are
intermittent institutional uses and multi-family housing developments, as well as collector street
access points to detached single family residential developments, the immediate corridor offers
substantial commercial use. In general, with the exception of older subdivisions, single family
residential development is not oriented to face 75 th Street even though residential developments
necessarily connected collector streets to this arterial street.

North of the Subject Property is one such example inasmuch as Grandview Estates Unit 2
(R1956-821230) relies on Webster Street for its connection to 75 th Street. Grandview Estates is
zoned Downers Grove R-1. Most of the homes are not oriented to 75 th Street. The subdivision
and Subject Property are separated by a divided roadway. A substantial tree buffer exists in the
75th Street right of way within the north portion of 75 th Street. Northeast of the Subject Property
exists a long-vacant lot and townhome or condominium development (Chesapeake Village
Condominium, R1984-095011) and Fairmount Village (R1979-074275)). Additional
condominium uses developed east of Fairmount Village in the early and mid-1970’s.

East of the Subject Property along 75th Street lies heavy business use. Directly east of the
Subject Property is the Marketplace at Darien (R2004-086670) which offers several quick-stop
uses such as Dunkin Donuts (with a drive through), Jimmy John’s, Panda Express, a pizza
restaurant, dry cleaners and other quick service uses along with a mix of strip-oriented retail. The
Marketplace at Darien extends south along the west side of Lyman Avenue where one will find a
financial institution with drive through operations and the Darien-Woodridge Fire Protection
District (the latter being constructed in the 1990’s and not part of Marketplace at Darien). The
Marketplace at Darien is north of three townhome buildings constructed in 2005 and 2006 at the
east end of Abbey Drive. Across Lyman Avenue to the east, “Darien Towne Centre” is a large
planned unit development that dominates land uses to the east of the Subject Property (zoned
Darien B-3). Walmart, Home Depot and PetSmart, among others, operate from Darien Towne
Centre. This development arose in 1993 and was partially re-entitled in 2013.

South and southwest of the Subject Property are single family homes with attached
garages (R-3 Darien). Homes in this area are screened or buffered by design or use. 75 th street
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 4

creates ambient noise to the north. Single family homes in the adjacent neighborhood are
moderately impacted by the roadway and the adjacent uses. The impacts, however, have existed
for five decades.

West of the Subject Property is an auto mechanic and body shop on similarly sized land
(zoned Darien B-2). Beginning in 1979, Gallagher & Henry developed Farmingdale Ridge Unit
3 (R1979-059277) which has a stormwater connection through a 10-foot wide utility strip
between the Subject Property and the body shop. The Cambridge Road entrance to Farmingdale
Ridge at75th Street is almost 370 feet west of the Subject Property. Single family homes line each
side of Cambridge Road south of 75th Street and each side of Abbey Drive, extending from
Cambridge Road behind the Subject Property. West of the Farmingdale Ridge Unit 3 extension
to 75th Street (which is zoned Darien R-2), lies Woodhill Subdivision (R1995-061242) and
Sharon Estates (R1957-834504) which subdivisions are on each side of Main Street south of 75 th
Street. Business uses at the southwest and southeast corners of Main Street and 75 th Street
quickly transition to large lot commercial development on land platted in 1944 and 1954 but not
developed until the 1980’s. This stretch along the south side of 75 th Street lies in the Darien B-1,
B-2 and B-3 zoning districts.

Commercial uses in the Downers Grove B-2 zoning classification, including automobile
service operations, line the north side of 75th Street east of Lemont Road to a point north of
Cambridge Road. These uses were developed between the late 1970’s (Downers Park
Subdivision (R1979-083345) at the northeast corner of Lemont Road and 75 th Street) and 2007
(three commercial uses east of Downers Park that were developed on lots created in 1949 and
1956). The easternmost automobile service use (northeast corner of Main Street and 75 th Street)
was developed in 2006-2007 and offers a small car wash along with detailing and other auto
services adjacent to the homes north of the Subject Property (along Webster Street).

EXISTING RIGHTS OF WAY

75th Street is a 6-lane arterial west of the Subject Property and it transitions to a 4-lane
arterial with center turn lanes and acceleration. deceleration lanes east of the Subject Property. A
bike path extends along the south side of 75th Street. Due to these factors, Applicant anticipates
that the DuPage County Division of Transportation will limit access to a right in-right out and
that Darien, if it determines to annex the property, may be interested in cross access with the
Martketplace at Darien which also has access restrictions on 75 th Street.

The access and traffic patterns should remain the same based on the nature of the car
wash business. Car washes usually do not create additional traffic but, instead, draw customers
from the traffic that already exists. The nearest car wash is an accessory operation to the car care
center at the northeast corner of Main Street and 75 th Street, and it is only a small part of the
operations at this location. Lyon Car Wash is 2.1 miles away in Darien, but this car wash is self-
service and not automated. The nearest similar car washes are King Car Washes (3.2 miles) in
Westmont and Jet Brite (4.2 miles ) in Bolingbrook. The Subject Property would be the only full-
service, automated car wash along this portion of 75 th street and its convenience would be
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 5

significant to the users of this major arterial road. The residents of Darien, Downers Grove and
several other communities will benefit from the car wash being along their daily route.

MERITS OF THE REQUEST FOR B-2 GENERAL BUSINESS ZONING

The County B-2 classification best matches the uses in the surrounding area and on
abutting and adjacent parcels. The amendment will also allow a conditional use for an
automobile laundry. This is an acceptable and beneficial use that fits in with the current trend of
development in each adjacent municipality. The Subject Property is zoned R-4 Single Family
Residence. No residential parcel that is not part of a larger subdivision exists along 75 th Street
east of Interstate 355 to Brookbank Road, Willowbrook, well over four miles away. Several of
the lots at the end of collector streets serving residential subdivisions over this stretch of 75 th
Street have converted to non-residential use. R-4 Single Family Residence is no longer a
remotely appropriate zoning classification for the Subject Property. Single family detached
housing development has come to a halt on 75th Street and in areas near the property that are
removed from 75th Street. Further, multiple family housing at the Subject Property is not
possible. As a result, no intervening residential zoning classification is appropriate for the
Subject Property.

The region is one of the busiest stretches of 75 th Street in DuPage County:

SUBJECT PROPERTY

Applicant proposes a B-2 zoning classification because the identified permitted and conditional
uses in the B-1 district do not reflect the prevailing style of land use along 75 th Street and
because Applicant desires to operate a car wash. A car wash is particularly the style of business
that can thrive at this location despite not having the benefit of full access to 75 th Street. The
relevant considerations tied to the request for a map amendment are addressed below.
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 6

Existing uses of property within the general area of the property in question are
consistent with the uses in the B-2 General Business District. As depicted in the above aerial
photograph, the area is exceptionally busy and most uses are more intense than County B-1 use
and rely on zoning classifications and restrictions (general or via special use conditions) that are
more intense than County B-1 zoning. Transitions to B-2 from residential use are common along
rear lot lines. The shopping centers stretching from the Subject Property to the east along the
south side of 75th Street are intense commercial uses. Two automotive uses are west and
northwest of the Subject Property and each of these would require County B-2 conditional uses if
under County jurisdiction. The theater, banquet hall and gas stations west of the Subject Property
are all uses permitted in the County B-2 district but not permitted uses in the B-1 district.

The following table addresses a range of nearby uses under the B-1 and B-2 zoning
classifications:
ADDRESS USE B-1 B-2
2525 W 75TH ST Haraldson’s Auto/Truck Not allowed Permitted use
DARIEN IL 60561 Repair and Body Shop Conditional use
(directly west)
NE CNR 75TH & MAIN OC oil change, brakes wash Conditional use Conditional use
DOWNERS GR IL 60515 and detail
(northwest)
980 W 75TH ST Bohemian Garden Rest Permitted Permitted
DOWNERS GR IL 60516
(northwest)
1000 W 75TH ST C & C Car Care auto Not allowed Conditional use
DOWNERS GR IL 60516 service
(northwest)
Marketplace at Darien Massage Envy Permitted Permitted
(directly east)
Marketplace at Darien Jimmy Johns Permitted Permitted
Marketplace at Darien Great Clips Permitted Permitted
Marketplace at Darien Dunkin Drive Thru Conditional use Conditional use
Marketplace at Darien Dry cleaning Permitted Permitted
Marketplace at Darien Drive-through bank Conditional use Conditional use
Chestnut Court (west) XSport Permitted Permitted
Chestnut Court (west) Joanne Fabrics Permitted Permitted
Chestnut Court (west) Salvation Army Goods Conditional use Conditional use
Chestnut Court (west) Jewel Permitted Permitted
1620 75th Street Ashyana Banquets Not allowed Permitted
DOWNERS GROVE IL
60516
Village Green Hollywood Blvd. cinema Not allowed Permitted use
(west)
Gas Stations Automobile service Conditional use Permitted use
(west)
Residential uses Single family detached, Not allowed Not allowed
(north and south) townhomes, condos
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 7

There is substantial overlap between the uses allowed in the County’s B-1 and B-2
zoning districts. However, more uses that exist between I-355 and Marketplace at Darien are
within the County’s B-2 permitted or special use regulations than in the B-1 regulations. The
auto body shop (directly west) and tire sales and auto service (near northwest) are the most
compelling existing B-2 automotive uses that are unavailable under the County’s B-1
regulations. Banquet facilities and theaters are not allowed under the B-1 regulations and gas
stations are a permitted use in the B-2 district and a conditional use in the B-1 district.

The zoning classifications of properties within the general area of the Subject Property
are consistent with B-2 General Business zoning. The commercial development east and west
of the Subject Property is wholly consistent with B-2 zoning. While there is residential across
75th Street and behind the development, most of 75th Street is commercial and the residential
connections are access points for larger subdivisions. Moreover, a car wash (a B-2 use) along a
street classified as a major arterial (but not a limited access highway or greater) is consistent with
sound planning for business land use. The residential use south of the Subject Property
transitions to townhome use at the east end of Abbey Drive and the rear yard transitions along
nearly all perimeter areas of Farmingdale Ridge Unit 2 and Farmingdale Ridge Unit 3 are
consistent with rear yard transition to a greater zoning classification. The home situated north of
the Subject Property will be nearly a football field away from the principal building.

The Subject Property is the lone County parcel that remains along this stretch of 75 th
Street. Nearby Darien classifications are:

SUBJECT PROPERTY

Due to boundary agreements with Darien and Woodridge, Downers Grove does not govern (a)
territory west of Fairview and south of 75th Street or (b) the northeast corner of 75th Street and
Woodward Avenue (or west or south of there). The nearby Downers Grove classifications are:
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 8

SUBJECT PROPERTY

Woodridge has jurisdiction over the territory along the south side of 75 th Street from the
southeast corner of 75th Street and Lemont Road west and the nearby classifications are:

SUBJECT PROPERTY

The Subject Property is suitable for the uses permitted under the existing zoning
classification. Several permitted and conditional uses are available for the Subject Property, and
nearly all of them fit. Some permitted uses may not practically locate at the Subject Property as a
result of the external factor that is the limited access to 75th Street. Still other conditional uses
may not be able to live with the access restriction. Some uses may not be able to plan
accordingly for lighting, screening, noise or landscaping, but most B-2 uses could locate on land
of this size with 140 feet of frontage. No special management area exists on site.

The trend of development in the general area favors reclassification to B-2 General
Business. The Subject Property has been classified as single family detached residential for
decades. The continuity of the classification has no tie whatsoever to County planning, but it is
more a function of preference on the part of the landowner who has passed away. The County
GIS reflects the existing residence on the Subject Property in every aerial photograph since 1956.
In the late 1950’s, the 1960’s and the 1970’s, residential development exploded in DuPage
County and in this vicinity. The largest shopping centers arose beginning in the late 1970’s when
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 9

75th Street was planned for separated two-directional traffic. The commercial development east
of the Subject Property arose in the 1990’s and continued until 2006.

Surrounding the Subject Property is one of the most diverse ranges of land use along
roadways in the County. The detached and attached single family uses as well as the multiple
family uses will benefit from the use because the residents need to drive miles to the nearest car
wash and most Americans rely on car washes rather than the old-school, do-it-yourself effort at
home. East of the property, uses such as Jimmy John’s, Panda Express, Jet’s Pizza, AT&T Store
and The Vitamin Shoppe as well as the uses in Darien Towne Centre (Wal-Mart, Subway, ALDI,
Citibank, TGI Friday, PetSmart, Sally Beauty, Fruitful Yield, Great Clips, O’Reilly Auto Parts
and Home Depot) all generate substantial volumes of area traffic. To the west and southwest
Chase Bank, Home Run Inn Pizza, Salvation Army, XSport Fitness, Wilton Baking Supply
Store, Ross Dress for Less, Old Fashioned Sweets, Frugal Muse Books, Music and Video and
Cardfrenzy, as well as the Woodridge Festival shopping center, which contains Panera Bread,
Hollywood Blvd Cinema, Kohl’s, Starbucks, Noodles & Company and Carrabba’s Italian Grill,
all generate volumes of traffic. Development to the west-northwest does not differ from this
trend with Downers Park Plaza and its occupants (Taco Bell, Old Navy, Best Buy, Enterprise
Rent-A-Car, GameStop, TJ Maxx, AAA, Dollar Tree, Feet Feel Spa Amy’s Hallmark Shop,
Menchie’s Frozen Yogurt, PNC Bank, Burger King, 3 Corners Grill & Tap and Shop & Save).
All of the residents and visitors using this area can benefit from having an automated car wash. It
is a necessary service that is best situated at the Subject Property.

The length of time the property has been vacant as zoned is not a factor, but its
underutilization, considered in the context of the land development in the surrounding area, is
compelling. The Subject Property is not vacant. It is severely underutilized and the zoning
classification does not reflect the reality of 50 years of commercial development along this
corridor of 75th Street. Billions of dollars of development later, this is the lone County parcel in
the area and it is not at all suited for residential use. B-2 zoning is most reflective of the
surrounding land uses.

The R-4 classification substantially diminishes land value. As the only stand-alone 75th
Street residential parcel between I-355 and Willowbrook (even the Willowbrook lots are part of
an old residential subdivision), the Subject Property is worth far less as a result of the
classification and worth far less than other single family lots. Due to the 37-704.3 lot regulations,
the Subject Property is not capable of residential development with traditional rear yard
alignment, not reasonably capable of subdivision and not capable of division with two residential
frontages on 75th Street. In no instance would a homeowner look first to acquire one of two
homes (or three if subdivided with 10,000 SF lot area minimums) in light of the repair and body
shop to the west and the commercial center and drive-through route to the east. B-2 usage will
relieve this problem and the B-2 classification is consistent with both the regulatory use lists for
the area and the existing land uses in the area. Necessarily, B-2 zoning will offer a greater return
to the owner than R-4 zoning, but it should be clear that the County’s 20,000 square foot lot
requirement in the R-4 district means that a residential use will have not only an odd and
inappropriate location, but also a land area that is double the area of lots along Cambridge Road
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 10

and Abbey Drive. Even if the County amended the R-4 classification to allow two four-unit
townhome buildings, the land area is insufficient to support such a development.

CONDITIONAL USE FOR AN AUTOMOBILE LAUNDRY

Allowance of a conditional use for an automobile laundry is in harmony with the general
purpose and intent of the B-2 General Business District zoning regulations. Modern County
planning has often considered the municipality with likely future jurisdiction. In this instance,
Darien will eventually regulate the Subject Property. The Subject Property lies between an auto
repair and auto body establishment and the Marketplace at Darien (a busy retail and service
shopping center). The entry to the drive-through of Dunkin Donuts at the Marketplace at Darien
is adjacent to the Subject Property on the east. 75 th Street is a major arterial. The area is used to
seeing significant traffic, but the use will not generate traffic—rather taking its customers from
existing traffic flow and from existing residents in the area. A review of the following standards
leads to the conclusion that the conditional use for an automobile laundry at the Subject Property
is consistent with the County’s Unincorporated Land Use Plan and prior comprehensive planning
since the 1970’s.

The nature of an automobile laundry is to serve traffic, residents and visitors that are
already in the area. With the 180-degree change from washing cars on the front lawn to the
majority of Americans utilizing paid car wash services, there is a lot to be said about water
conservation and efficiencies, but this change has led to a high demand for the service on major
roads. There is no similar use within 3.2 miles of the Subject Property.

The use will not impair an adequate supply of light and air to adjacent property. The
proposed car wash tunnel will not exceed 31 feet in height, and only the north portion of the
tunnel closest to 75th Street will feature a tower that reaches that height. The remainder of the
tunnel will be roughly 18 feet tall. Canopies over the vacuum stations will not exceed a height of
17 feet (shown at 14’4” pending the County’s clearance review). All three maximum elevations
are below the top elevation allowed for single family homes and townhomes in the area. The
detached structure height for the canopies approximates to the allowable height of many
residential accessory structures. All structures have a profile that aligns with planned landscape
screens and surrounding buildings. Subject to conditional use review for the reduction of yards
for some of the on-site circulation (which has no impact on light and air), the building will be
roughly 98 feet north of the lot line (roughly 130 feet north of the home south of the building and
115 feet northwest of the nearest window of the Abbey Drive townhomes). The tower is planned
to be an additional 120 feet further north and it is comfortably within a height range of the
roofline of the west building at the Marketplace at Darien. The pay station canopy will be
roughly the same height as the vacuum canopies, and it will not obstruct light or cast shadows in
a fashion that causes annoyance to the south inasmuch as the project contemplates a solid
privacy fence and lower and upper level trees plantings. Fences at 8’6” are customary in
business districts and only two feet taller than allowed in residential districts.
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 11

The conditional use will not increase the hazard from fire or other dangers to said
property. The automobile laundry will not cause any risk of fire or other danger to other
properties inasmuch as the building is substantially set back from lot lines, the pay station
canopy is not at a risk of fire and all canopies will be anchored and properly constructed in
accord with applicable building codes for the structures. Full fire access is available and the fire
lane east of the building necessarily creates separation between the improvements to the Subject
Property and the Marketplace at Darien.

The conditional use will not diminish the value of land and buildings in the vicinity.
The use will offer a service that would not be feasible within any of the nearby shopping centers.
A car wash, properly designed, will entail all necessary precautions concerning planning for
lighting, storm water, noise, maintenance and operations. The hours of operation will comply
with County requirements, but an automobile laundry will generally have maximum operational
hours of 7:00 AM until 10:00 PM. Suburban car washes often close sooner than 10:00 PM. The
substantial landscaping and the privacy fence will serve as a screen along the lot lines

The conditional use will not unduly increase traffic congestion in the public streets and
highways. As noted earlier in this narrative, 75th Street is one of the busiest arterials in DuPage
County. The automobile laundry will draw from existing traffic volumes and typically will not
increase volumes during any peak hours inasmuch as most customers using the facility during
those hours will already be in the existing traffic. The Subject Property is an interior lot and the
plans call for appropriate spacing of the driveways, specifically placing the driveway for the use
on the west portion of the 140-foot wide frontage in order to allow 135 feet of separation from
the driveway to the multi-use Marketplace at Darien driveway east of the site. The driveway
separation from the use to the west driveway is 70 feet (Darien requires 50 feet). Moreover, the
exiting traffic will make two turns from the car wash in order to reach the driveway exit which
will be right out only. This allows a sufficient drip zone so that there is no buildup of water or ice
in the public right of way. The DuPage County Division of Transportation will review plans
accordingly, but it has approved car washes on County highways with less separation and more
adjacent congestion than at this location. Roadway improvements are not planned as part of the
project inasmuch as the driveway is wide enough for turn movements and there is more stacking
than required under the Zoning Ordinance (Darien requires much more car wash stacking than
most other governing agencies).

Car wash operations will always involve at least one employee on site. During busier
times there will be two or three employees present in order to manage stacking and assist in
interior vehicular movement. The tunnel itself is automated, but the pace of cars through the
tunnel can be adjusted according to demands at the time. Standard protocol calls for the slowing
of the wash operations if vehicles encounter congestion moving into the vacuum area or when
exiting the site. The boundary between the stacking aisle and the vacuum drive aisle is often
further marked with cones or horses as cars stack in order to maintain a separation between the
vacuum area and the stacking. Further, drivers have the option of vacuuming before or after the
car wash, or not vacuuming at all and returning to do so later if they desire. In busier times, the
 Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 12

operator may permit vacuum use only after a wash and may refuse customers a vacuum space if
the site is to busy.

The conditional use will not increase the potential for flood damages to adjacent
property. The conditional use will readily comply with the Countywide Stormwater and
Floodplain Ordinance. The Subject Property is already connected to the storm sewer. The
development will contain curbs, gutters and necessary drainage improvements so as to manage
storm water. The site is at a higher ground elevation than areas to the south, but the differential is
minimal (the area near the pay station canopy is two feet higher than Abbey Drive). The
development will entail engineering for drainage purposes, and the controlled stormwater
management system will benefit homes to the south because existing sheet flows from the
Subject Property to the south will be eliminated.

The conditional use will not lead to additional public expense for fire protection, rescue
or relief. The car wash will be designed according to the building code and it will contain
adequate points of egress for emergency purposes. Additionally, there is plenty of access on all
sides of the building for emergency purposes. The use is not one that would cause the purchase
of any additional fire or rescue equipment or vehicles. The Darien-Woodridge Fire Protection
District is located at 2425 75th Street (three lots south of 75th Street on the west side of Lyman
Avenue). Access from the fire station is available via Lyman Avenue and Cambridge Road or, if
necessary, via Lyman Avenue and 75th Street.

The conditional use will not otherwise impair the public health, safety, comfort, morals
or general welfare or otherwise create a nuisance. The following table reflects the project’s
compliance with the Zoning Ordinance and compared to Darien regulations.

SUBJECT COUNTY SEC B-2 PROPOSED B-2 DARIEN SEC

Use 37-802.2 Cond Use Auto laundry Spec Use 5A-8-3-4
Use Location 37-800.8(B) Indoor Indoor Indoor 5A-8-1-2
Lot size 37-802.3 0.5 acres 1.0 acres 2.0 acres 5A-8-3-6
Lot width 37-802.3 100’ 140’ No min. 5A-8-3-7
Lot depth 37-705.3 100’ 312’ No min. 5A-8-3-7
Front yard 37-802.4(A) 40’/12’ circ 62’/20’ circ 50’/30’ pkg 5A-8-3-8(A)
Int. side yd 37-802.4(A) 12’ (6’CU) 6’(E)/1’(W) 30’/20’ pkg 5A-8-3-8(B)
Rear yard 37-802.4(A) 12’ 12’ 30’/20’ pkg 5A-8-3-8(B)
Height No maximum No max 31’ 3 st/40’ 5A-8-3-9
Acc. Height No maximum No max 15’-17’ Bldg. Ht. (31’) 5A-5-9-3
Fl. Area Ratio 37-802.4(A) 0.25 0.19 0.60 5A-8-3-9
Lot coverage No maximum None 0.79 0.70 5A-8-3-9
Bldg coverage No maximum None 0.19 0.50 5A-8-3-9
PARKING
Space size 37-1201.1(D) 9’ x 18’ 9’ x 18’ 9’ x 18’ 5A-11-2-1(F)
Drive aisles 37-1204 24’ 24’ 24’ 5A-11-2-1(F)
Vacuums 37-1201.1(J15) Excluded 15 (incl 1 HC)
 Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 13

SUBJECT COUNTY SEC B-2 PROPOSED B-2 DARIEN SEC

Accessible 1 1 (plus 1 vacuum) 1 5A-11-2-3(B)
Driveway Per DuDOT DuDOT 24’/70’,135’ sep Max 30’/50’ sep 5A-11-3(B)
MISCELLANEOUS
PUD Size 37-1314.3(B)5) No min. 1.0 acres 2.0 acres 5A-3-3-1

Trash encls 37-800.8(C) Enclose/LS Enclose/landscape Enclose/landscape 5A-10-7(B)

Landscaping 37-419(D) Full screen Full/consistent Points system 5A-10-5
Bldg. spacing 8-100 et seq. Fire separ. 5’ 5’ 5A-5-9-2(B)

Compliance levels exceed the County requirements in order to respect Darien’s concerns.

The County requires that principal uses and conditional uses be conducted indoors. The
pay station and the vacuum stations are accessory uses under Section 37-302. Section 37-
800.8(B) requires that permitted and conditional uses occur indoors but this requirement does not
apply to accessory uses. The same reasoning applies in relation to Darien Section 5A-8-1-2
which is slightly different from Section 37-800.8(B) in providing: “All business, servicing, or
processing shall be conducted within completely enclosed buildings with the following
exceptions: display of merchandise, similar to that within the business, for sale or rent to the
public on a sidewalk immediately adjoining the side or front facade of the principal building but
not within a required yard, shall be permitted provided that a five foot (5') wide minimum area is
clear and free from display or sales.” Under Section 5A-5-9-6, accessory buildings or structures
must meet the Darien bulk requirements, but the accessory building need not meet the use
standards as long as the use of the building is accessory to the automobile laundry. Even if the
vacuum stations are not particularly identified as listed accessory uses, the City of Darien can
authorize any unlisted accessory use following a public hearing. (Darien Code, 5A-5-9-4(B))
Darien does not appear to have an accessory use listing, though several are identified in many
different portions of its zoning regulations and numerous accessory uses related to services occur
outside of a building.

The project contemplates continuous landscaping and screening along all perimeters.
Most of the trees in the rear are scrub trees, non-native or in poor health. New plantings south of
the car wash and along the lot lines will offer a significant screen to the southeast (townhomes)
and the south and southwest (detached single family homes). There will also be an 8’6” tall solid
privacy fence. From roughly the north face of the car wash to the improved right of way portion
of 75th Street, there are no trees but substantial landscaping will be added otherwise. Views to the
building are important. Additionally, the driveway is roughly at a point where a deceleration lane
for right turns begins. Finally, the City mentioned in pre-application discussions that it might
encourage cross-access between the Subject Property and the Marketplace at Darien. As a result
of these circumstances, trees are not planned for the area north of the north wall of the car wash.

The reduction in yards simply allows for circulation. Section 37-802.4(D)(1)(a)(b)

permits the reduction of the front and side yards by 50% as a conditional use. In this instance, the
reduction allows for the stacking along the west lot line and for the emergency access/egress
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 14

aisle on the east lot line. There will be no frequent active use east of the building. No buildings
will be placed closer to any lot line than the regulatory yards permit.

CONDITIONAL USE FOR REDUCED YARD SITE PLAN APPROVAL

Applicant seeks a conditional use to allow the reduction of the front yard (north) and the
side yards (east and west) by fifty percent. The purpose of this reduction is to allow for
circulation and emergency ingress/egress. The County already authorizes use of the interior 20%
of the side yards and nearly 75% of the front yard for circulation, but a conditional use is
required to reduce the yards for circulation—not for the purpose of enlarging or relocating a
building or structure. The car wash and the canopies will comply with all yard regulations
notwithstanding the conditional use yard reduction. As noted above and below, Applicant seeks a
west side yard variation to allow stacking that is closer to that which Darien requires. The
conditional use allows for the project with two stacking lanes, but the variations allow for three
stacking lanes.

The 50% yard reduction will not impair an adequate supply of light and air to adjacent
property. The same style of landscape screen and privacy fence would be planned regardless of
the width of the required front or side yard. The extension of a circulation aisle into the front and
side yard does not affect light and air to the properties to the east or west. Further, the relief will
not cause a relocation of the building, so the viewscapes along 75 th Street will remain as planned
according to the County’s regulatory front yard requirements.

The yard reduction for the purpose of allowing circulation aisles actually decreases the
risk from fire or other hazards. The relief on the east side of the property involves the
emergency ingress and egress route. Since only the paved area of the circulation aisles will be
installed in these areas, there is no risk of dead or dying landscaping, excessive brush that can
become a fire hazard or the imposition of a building or structure in the regulatory yard that could
cause a concern for harm to other properties.

The 50% reduction to allow circulation aisles will not diminish the value of land and
buildings in the vicinity. Since only circulation drives will exist in the area of the yards that
would otherwise exist, there should be no concern for land values east or west of the Subject
Property. The reduction is beneficial for site planning and allows an egress route from the car
wash entry lane. Such a route is preferred when the land area is available so that cars can avoid a
shut down or some other emergency when it occurs. This bypass will help reduce noise and the
likelihood of an accident. As a result, neighbors to the side and the rear will have the same
volume and quality of landscaping even though the yard area is reduced. The lot is 140 feet wide.
The reduction of six feet on each side will not be noticeable.

The 50% reduction will not affect traffic or use of the public streets and highways. The
side yard reduction has no relation to 75th Street other than to afford stacking for the car wash
west of the drive aisle serving the vacuum stations. The front yard planning allows for better
circulation within the site. At present, no one can predict whether cross-access over the Subject
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 15

Property’s east lot line will be preferred. However, even if there is cross-access, the yard will
more appropriately plan for site circulation. The circulation aisle (not parking spaces) on the
Subject Property will be 20 feet from the lot line and 50 feet from the 75 th Street curbline (the
Marketplace at Darien has parking spaces within 30 feet of the north lot line and 78 feet of the
curbline). The distance from the lot line and the curbline is more than sufficient to avoid impacts
to 75th Street traffic.

The 50% reduction will not increase the potential for flood damages to adjacent
property. The reduction of yards does not relieve Applicant from full compliance with the
DuPage County Countywide Stormwater and Floodplain Ordinance. The reduction actually
allows for larger vaulted detention/retention if this is required west of the car wash.

The reduction to allow for site circulation in otherwise required yards will not cause
anyone to incur additional public expense for fire protection, rescue or relief or otherwise
impair the public health, safety, comfort, morals or general welfare of the inhabitants of
DuPage County, nor will it otherwise create a nuisance. For the reasons stated above, the
reduction in yards merits approval with the balance of the project because it serves only to allow
for the proper location of drive aisles and emergency routes. The project will meet the standards
of the Zoning Ordinance, including landscaping and screening in the side and rear yards subject
to the variation request noted below. The building is not becoming larger as a result of the
reduction.

VARIATIONS TO ALLOW STACKING LANE IN WEST INTERIOR SIDE YARD

There is a significant difference between the number of stacking spaces required by the
County (15) and by Darien (40). Applicant provides 21-36 stacking spaces depending on the
intensity of operations. Room for stacking 40 vehicles exists, but this includes spaces between
the pay station and car wash entry and between the entry drive and the designated stacking lanes.
In light of the circumstance that the Subject Property will fall under Darien jurisdiction at some
future point, Applicant asks the County to authorize the use of an additional five (5) feet of the
west interior side yard for the purpose of installing curbing and part of a third drive aisle. While
compliant with County regulations without the variations for use of the yard and west landscape
points attributable to screening, the project will more readily accept vehicles from 75 th Street if
the County authorizes these variations. The variations are tied to the singular issue of allowing a
third stacking lane.

Applicant requests authorization to extend the west drive aisle and its related curb to a
point one foot from the west lot line (measured to back of curb). Additionally, Applicant seeks a
reduction in the number of points required for the westerly landscape screen. The plans depict
that Applicant has densely landscaped the rear yard where the transition from B-2 to residential
will occur (2,020 point provided, 1,120 required) and exceeded the points required for the east
yard (1,687.5 provided, 1,560 required). The front lot line is continuously landscaped. In this
instance, the view into the stacking lanes is important for drivers who will decide whether to
enter the site for a car wash. Tall, dense landscaping interferes with drivers’ efforts to timely
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 16

decide whether to exit 75th Street. As a result, it is not recommended that Applicant increase
points provided by increasing the height of the 65-foot span of the more decorative metal fence
and converting it to a solid fence or by converting proposed plantings to tall evergreens or other
trees. An 8’6” fence will be installed along part of the east lot line, the entire south lot line and
most of the west lot line.

The planning for the Subject Property involves practical difficulties. Practical
development of the Subject Property calls for the use of much of the west interior side yard for
part of a third stacking lane and for the installation of a complete screen that does not accumulate
screening point to the full extent required along the west line. Darien requires 40 stacking spaces
which far exceeds the County’s requirement of 15. Ultimately, Darien will exercise jurisdiction
over the Subject Property. As a result, and due to the additional benefit of allowing traffic to
more efficiently leave the 75th Street right of way to further avoid any delays on that arterial
road, Applicant proposes to add a third stacking lane to accommodate 36 vehicles between the
pay station and the north end of the three stacking lanes (four additional vehicles can occupy
other space in order to meet the Darien code demand).

Additionally, the Subject Property is adjacent to a ten-foot strip of land relied on for
stormwater conveyance and connecting 75th Street and Farmingdale Ridge Unit 3 stormwater
systems and this land will be vacant for all intent and purposes due to its minimal width. Further,
within the Subject Property, standard planning calls for a screen on the west lot line (landscaping
or a fence) and this 8’6” screen would be as close as three inches to the lot line. As a result, the
perimeter screening buffers or filters the view across the westernmost three inches of the Subject
Property, and the land east of that is capable of hosting a drive aisle that can reasonably, and
responsibly, accommodate a third stacking lane that draws vehicles from 75 th Street into the
Subject Property and allows for stacking that exceeds the County’s required stacking but more
closely approximates the 40 stacking spaces required under the Darien Zoning Ordinance.

The practical difficulty at hand lies in the circumstance that the County requires
development to County standards and encourages development to the standards of municipalities
that will exercise jurisdiction in the future (Darien). In this instance, 75 th Street is an important
County arterial. Adjacent to the Subject Property, there is a reduction in lanes where the
southernmost eastbound lane converts to a deceleration lane for the shopping center east of the
Subject Property. It is important to draw vehicles for any use from the road as efficiently as
possible even and, even when the site meets County requirements for stacking, provide for
additional stacking when possible. The requirement of a yard, in this particular instance, can be
reduced to one foot without reducing the screening via the solid 8’6” fence, but the regulation
will prevent the development of a third stacking lane that is beneficial not only to the County and
neighboring owners, but also to those using 75 th Street to reach locations outside of the
immediate area. The circumstance involves a practical difficulty for which relief by way of
variation should be available.

The granting of any variation is in harmony with the general purpose and intent of this
chapter, and will not be injurious to the neighborhood, detrimental to the public welfare, or in
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 17

conflict with the County's Comprehensive Plan for development. The principal purposes of an
interior side yard relate to open space between structures and adequate drainage. In this instance,
the ten-foot strip extending along the west lot line was formerly a part of the Subject Property.
When Farmingdale Ridge Unit 3 developed, the owner of the Subject Property cooperated with
the developer in its stormwater planning. The ten-foot strip is permanent open space and cannot
be developed due to its size. Additionally, stormwater for the Subject Property will continue to
be managed within the lot lines, in particular, within the curbs of the development via a system
of curbs and gutters, so there will be no impact on the neighboring parcels that arises simply by
reason of the allowance of a curb and drive aisle within one foot of the west lot line. No building
will be constructed within the entirety of the twelve-foot regulatory side yard and the closest
above ground structure other than the fence will continue to be the pay station canopy in the
south-central portion of the Subject Property. The County’s planning for development along 75 th
Street will not be affected by the reduction in yard space inasmuch as the landscape plan will
continue to plan for screening along the west lot line in the form of an aluminum metal fence and
plantings that populate the area available on the west lot line. As such, a visual screen will still
be present on the west lot line.
The granting of the variation will not impair an adequate supply of light and air to
adjacent property. Homes on the north side of Abbey Drive do not have a meaningful view from
their rear yards towards 75th Street. A screen comprised of landscaping and trees currently
screens the homes from the Subject Property and 2525 West 75 th Street. There is no apparent
history of fencing utilized for the purposes of screening the eastern four single family detached
homes on Abbey Drive along their north lot line. However, an 8’6” (+/-) solid fence will
necessarily screen the Subject Property and wrap the southeast and southwest corners of the
Subject Property. Due to the change in grade and screening that would occur with or without the
variation to allow a curb and drive aisle, residents to the south would not notice the additional
use of the side yard, and it will have the appearance of a fence ten feet inside a lot line as a result
of the alignment of the lot lines between the Subject Property and the ten-foot strip as well as the
lot line between 2510 and 2518 Abbey Drive. In all events, a solid fence can occupy an area
three inches from the west lot line. Within the north 65 feet, vehicles entering and exiting the
Subject Property will be visible over a more decorative metal (aluminum fence and landscaping)
fence at a height of four feet. In a densely commercial area, lines of sight involving vehicles are
commonplace.
The granting of the variation will not increase the hazard from fire or other dangers to
said property. The variation allows only the placement of a stacking lane in part of the regulatory
side yard that exceeds that which is allowed by conditional use. This five-foot area does not
serve any fire protection purposes on the Subject Property or on any nearby property. A 24-foot
drive aisle lies east of the stacking lanes and the easterly fire lane is 20 feet wide and abuts a six-
foot interior landscape yard on the Subject Property and a much larger landscape yard on the
neighboring property to the east.
The granting of the variation will not diminish the value of land and buildings
throughout the County. The 412-foot long stretch of additional pavement (five feet wide) will
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 18

not diminish the value of land near the property or elsewhere. All stormwater will be managed in
accord with the Countywide Stormwater and Floodplain Ordinance. The additional pavement
will be on the interior of a fence along the west lot line and not generally visible except to those
entering the site.
The granting of the variation will not unduly increase traffic congestion in the public
streets and highways. The use of the additional five feet in the west interior side yard and the
adjustment to landscape points allows the third stacking lane and preserves visibility from 75 th
Street over the north 65 feet of the Subject Property. The added lane, four-foot metal fence, and
lower-profile landscaping will not cause any increase in the number of vehicles on 75 th Street.
Indeed, the adjustments through these two variations avoids congestion by more efficiently
allowing movement of vehicles into the Subject Property from 75 th Street.
The granting of the variation will not increase the potential for flood damages to
adjacent property. As noted above, the additional five feet of impervious surface in the side yard
will not increase the potential to flood damage on adjacent property. The ten-foot strip allows for
a permanent pervious area between the Subject Property and the neighbor to the west. All
stormwater flow will be handled in accordance with the Countywide Stormwater and Floodplain
Ordinance. The reduction actually reduces the amount of surface runoff from the west side yard
that would need to be absorbed without being conveyed through the stormwater and PCBMP
systems on the Subject Property. Area storm sewers have capacity to manage the additional five-
foot strip of impervious surface.
The granting of the variation will not cause anyone to incur additional public expense
for flood protection, rescue or relief. The site remains fully planned for stormwater and for
emergency ingress and egress. None of the relief through the two variations reduces the ability of
emergency services to serve the site. The ability to accept more vehicles into stacking lanes as a
result of the addition of the third lane actually operates as an improvement to site capacity and
circulation inasmuch as more vehicles can exit 75 th Street and do so more efficiently. This third
lane offers added confidence that traffic flows on 75 th Street will not be affected and that
emergency services requiring the eastbound lanes of 75 th Street will not suffer delays.
The granting of the variation will not otherwise impair the public health, safety,
comfort, morals or general welfare of the inhabitants of DuPage County. The project offers
complete screening. The west lot line will have a complete screen adjacent to a ten-foot strip that
contains shrubs. The Subject Property far exceeds screening requirements on the south lot line
and substantially exceeds them on the east lot line. The 1,000 point excess on these two lot lines
operates as a counterbalance to the 483 point reduction on the west lot line. The residential
owners to the south and southwest are at a lower elevation and should generally have a solid
fence with an effective height of 9-10 feet operating as a screen from the southwest corner of the
Subject Property north to a point 65 feet south of the lot line. No southerly residential owner will
benefit from screening in the north 65 feet. Owners of residential land north of the Subject
Property on 75th Street should not notice the use of an additional five feet of the west interior
side yard when viewing the Subject Property from a distance of 250-270 feet (measured from the
nearest windows). Additionally, the ten-foot strip west of the Subject Property operates as a
Hon. Robert Kartholl, Chair, and
Members of the Zoning Board of Appeals

March 9, 2020
Page 19

separation between land uses that is larger than the standard regulatory yard in this setting
inasmuch as many owners seek a reduction via conditional use.

CONCLUSION

Witnesses will be available at the public hearing. 973 75 TH STREET, LLC requests your
favorable review and recommendation of the map amendment, conditional uses and variations.
Thank you for your consideration of the application.

Yours very truly,

DANIEL LAW OFFICE, P.C.

/s/ Mark W. Daniel

Mark W. Daniel