A gas station owner’s request to expand an existing U-Haul operation within a gas station site was voted down recently by the Naperville City Council as renewed calls for improving the overall property were sounded.
Henry Patel has been operating a Marathon gas station at 991 W. Ogden Ave., at the northeast corner of the West Ogden Avenue and Royal St. George Drive intersection. Over time, he has added other features on the site, including U-Haul rentals.
City code permits limited use for U-Hauls; Patel wants to expand
Through a series of technicalities within the municipal code, new gas station owners are required to obtain conditional-use permits for operational plans. Features within Patel’s Marathon business before the ordinance creating conditional-use permit requirements in 2016 are grandfathered in through a process city officials describe as a “non-conforming use.”
Allison Laff, deputy director of Naperville’s transportation, engineering and development (TED) department, has also indicated vehicles such as U-Hauls are permitted within the zoning district Patel’s operation resides.
“The issue that came in is when they added an additional gravel area behind the building and began parking the U-Hauls on it,” Laff said. “That is not permitted by our code.”
Patel can park a limited number of U-Hauls on the premises, so long as 10 city code-required parking spaces for the gas station are not absorbed. Patel had submitted a conditional-use application to expand the number of U-Hauls on the premises.
Ultimately, the city council voted down Patel’s request for a conditional use. The Naperville Planning and Zoning Commission, which reviewed the proposal in April, had also denied giving the request its recommendation.
Cress Creek neighbors weigh in with concerns
Naperville residents within the Cress Creek Homeowners Association abut the Marathon/U-Haul business and shared continued concerns with Patel’s operation before the city council voted down the conditional-use application at the Tuesday, July 15 meeting.
Ramona Kuna said residents have to contend with the sight of trash on the property, an unkempt lawn, and an old pay phone structure that has never been removed. She also aired concerns about Patel’s overall business plan within the confines of the premises.
“It’s too much for a tiny gas station that was meant for pumping gas and repairing cars,” Kuna said. “Why should the petitioner be rewarded for not making corrections and cleaning up his property? It’s currently an eyesore.”
Fellow neighbor Robert Jungels also weighed in with concerns at the council meeting, noting issues with the property have been taking place for a prolonged period of time.
“This place is a mess. In no other place around are there U-Haul trucks all over the place,” Jungles said. “If you approve this, you’re going to see rental trucks in every single gas station around. We don’t need that. It makes our neighborhood look like trash.”
Similar concerns from neighbors were shared this spring at the Planning and Zoning Commission meeting.
Patel defends himself; says he wants to be a good neighbor
In his pitch to the council for the conditional-use permit, Patel said he has been making efforts to improve the overall property as he also proposes an expansion of the business.
A decades-old dilapidated 6-foot-tall fence between the gas station property and a Cress Creek resident is coming down. A new 9-foot-tall fence is going in its place, he said, to provide more screening. He also has pledged other shielding devices beyond fences.
“Now, through all of these problems, I said, ‘Let’s make this place beautiful. I’ll put up some evergreens,’” Patel said of remedial efforts he is pursuing. “We would like to make this place beautiful.”
Patel, who has other businesses in Naperville said, he runs “an A+ operation” and is willing to work through the concerns raised.
“It is going to cost me a lot of money to do that, and I’m willing to do that,” Patel said. “I hope somebody can appreciate what I am doing; that’s all I can say.”
Council members advise owner to make improvements, be better neighbor
A number of council members weighed in with criticism of the property’s existing state and said they were sympathetic to the neighbors’ concerns.
The council’s “no” vote means Patel needs to go back to the drawing board and resubmit different plans. The council also encouraged him to begin some of the measures he spoke of, including fencing and evergreen planting.
Councilman Ian Holzhauer said he took exception to Patel’s intermingling of property improvements and conditions to expand his business operations.
“I don’t find that compelling at all. I am sympathetic to the residents of the neighborhood, and that eyesore nearby.” Holzhauer said. “I have to say this was an extremely uncompelling presentation to me.”
Councilman Ashfaq Syed said he was surprised by the appearance of the property, noting Naperville’s reputation for beauty and cleanliness.
“It’s the first time I’ve seen something like this in Naperville,” Syed said. Councilman Josh McBroom said he is hopeful Patel follows through with his promises of improving the property, regardless of whether or not the city grants a conditional-use permit for an expansion.
“Hearing from the neighbors and looking at the pictures, sir, I don’t think you’ve been a very good neighbor,” McBroom said to Patel.
Councilman Patrick Kelly encouraged Patel and nearby neighbors to come together and seek a compromise on the concerns noted.
“You’re going to be neighbors, whether this is approved or not, so my suggestion, for what it’s worth, is that you try to find the time to sit down,” Kelly said.
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