Residents ask court to nix Menards plan in Vernon Hills
Dirt is being moved in preparation to build a Menards home improvement store on Milwaukee Avenue and Gregg's Parkway in Vernon Hills, but neighbors have gone to court to stop construction on the long-vacant commercial site.
Residents in the Gregg's Landing development to the west last month filed suit claiming the Menards store is not a permitted use on the site, and the village violated its own guidelines by approving the project because warehouse and outside storage are not allowed. The project also is “inconsistent and incompatible” with the village's comprehensive plan and does not represent the best use of the property, the suit contends.
“Clearly, the home directly abutting this will be affected significantly,” said David Oppenheim, a Gregg's Landing resident who organized Build Something Special Ltd., to raise funds to oppose the project. “We had trust in them they would find the most appropriate use, not the most lucrative use.”
Plaintiffs in the suit include three residents who live within 1,200 feet of the site. Oppenheim said about 200 homeowners have expressed interest in the issue and are on his organization's contact list. The three-count suit asks the court to find that Menards and the outside storage is not permitted at the site under village ordinances and that it not be developed for any type of warehouse use.
Approvals for the store, lumber yard and garden center covering 286,986 square feet on 18 acres were granted July 22, nine months after Menard Inc. proposed the new store to replace one on Route 60 in Mundelein that was closed. Menards has received a permit for mass grading but did not indicate when it would apply for permits for building construction.
Several changes were made to the final plan, which included 44 conditions. Throughout the process, the village worked with residents on the layout and building appearance, lighting, noise and other details.
Village officials often noted the area has been zoned for commercial use since 1988, and every effort has been made to listen to and accommodate concerns.
“We disagree with the claims they're making. We're going to defend our decision,” Village Manager John Kalmar said. “We continue to work with the neighbors in Bayhill and Libertyville Ridge on landscaping and any questions with drainage.”
According to the suit, village regulations and covenants on the property restrict site use to retail commercial, offices or a hotel, and prohibit warehouse uses. It also contends outside storage is not permitted under village ordinances, and homes to the west will be affected by lights, noise, traffic, “unsightly” outside storage and other factors.
“We made a decision consistent with both the zoning ordinance,” and planned unit development for Gregg's Landing, Kalmar said. A Menards spokesman declined to comment.
Residents also contend there is no need for another home improvement store, as there is a Lowe's immediately to the south and a Home Depot further south.
“Therefore, the relative gain to the public in having another large warehouse home improvement store is small in comparison to the great hardship imposed upon the individual property owners,” in Gregg's Landing, the suit contends.
The village has until early December to file a response. A status hearing is scheduled for Jan. 16.