Agenda - Planning Commission - 02/03/2005

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Page 8 -- December 24, 2004J' the ordinance. Since Wiles' own actions brought about a need for a variance, judgment in favor of the city was proper. 'see alsO: David, son ~,. Ci~. of Little Rock, 900 S. W. 2d 578 (1995). Vested Right -- Prior zoning classification allows townhouses Developer claims vested right in wastereater facility Citation: T}~e Northern Trust Co. v. The County of Lake, Appellate Cour~ of illinois, 2nd Dist., No. 2-03-]262 (2004) IZL/NOIS (t 1/04/04) -- The Northern Trust Company wanted to build a waste* water treatment facility as part of a proposed 144-unit town_house develop- ment on a vacant parcel owned by Northern Trust. The wastewater treatment facility was necessary because there were neifher public sewers nor septic systems available. Although the Illinois Environmental Protection Agency granted conditional approval, the county denied a conditional-use permit to author/ze construction for the facility. Shortly thereafter, the county changed the zoning from subur- ban to countryside, which allowed only single-family residences on lots no smaller than five acres. Northern Trust sued; and the court ruled in the county's favor. Northern Trust appealed, arguing it had acquired a vested right to the wastewater treatment facility from the prior zoning classification. DECISION: Affirmed. NOrthern Trust did not acquire a vested right to build the wastewater treat- ment facility. Although Northern Trust argued it had undergone a substantial change in posi. tion in light of [ts belief the Lake County Board would approve the facility, Lake County offered adequate affirmative evidence negating Northern Trust's allegation that approval of the facility was probable. Northern Trust also argued the suburban zoning classification in effect when it planned the development conferred a vested right in constructing the facility. However, although the zoning designation permitted "townhouse" con- struction, it did not expressly authorize the Construction of a wastewater treat- ment facility. Therefore, Northern Trust could not have reasonably expected that the facility was a permitted use until a conditional-use permit was issued or the facility was declared an accessory use. Consequently, despite the prior zoning classification, Northern Trust had not acquired a vested right ro build the the facility. xee ~dso: Beoh;'m,;,er ~', poge, 204 Ill. 2d 363 (2003). see olso: ~:illc~e of S,.md~ Elgi~ i,. Wc~sre :kla~'~ogerne~r of illinois h~c., 348 ~ 2004 ,~umlan Foot,shrug Group. Any reproouc~ion s prohlbl[ed. For more pniorma~lon please call (617) 542-0048. 94