dissenting:
I respectfully dissent from the majority opinion and would affirm the judgment. I agree with the circuit court that subjecting plaintiffs’ property to the restrictions of an Ml-1 classification bears no relation to the public health, safety, morals, convenience, or general welfare. In my opinion denial of the application to rezone plaintiffs’ property to a C-4 classification is unreasonable and arbitrary.
A detailed traffic volume study prepared by the Chicago Bureau of Street Traffic shows a count of 27,484 vehicles passing the intersection of 71st Street and Pulaski Road in a 12-hour period, as of May 25, 1965. Of this number 22,669 were traveling north or south on Pulaski Road. In keeping with the trend of increase in vehicular traffic, it may safely be assumed that in the intervening 4% years the volume has been substantially increased.
It is difficult to perceive in what manner the operation of a truck terminal west of Pulaski Road could generate noises distinguishable east of Pulaski Road from the roar of 22,669 vehicles. Nor does the record reflect what the operation of a truck terminal could possibly create which could be as odious as the smoke shown billowing out of Nalco’s plant in plaintiffs’ exhibit number 5.
With respect to the area lying north of West 70th Street, Map 16-K attached to the Zoning Ordinance shows that only two streets, Karlov and Komensky, extend south as far as West 70th Street. South Kedvale Avenue ends at West 70th Place, at least 100 feet north of West 70th Street and the other streets terminate at West 69th Street. The homes of the residents of Kolmar, Kilbourn, Kenneth and Kostner Streets lie considerably closer to the Chicago Belt Railway than to plaintiffs’ property, and again it is difficult to perceive what noises could be created in a truck terminal which can be distinguished from those resulting from the adjacent railroad operations.
Section 9.8-4 of the ordinance provides that no building, structure, ok other obstruction, nor any off-street loading operation shall be located within 100 feet of the boundary of a residence district, nor within 50 feet of the boundary of a business district. The proposed improvement is to be located in the westerly portion of the plaintiffs’ parcel, well away from Pulaski Road or West 70th Street. It will occupy approximately 10,000 square feet in a parcel of land comprising approximately 560,000 square feet.
Assuming an additional 100 trucks per day will be routed into plaintiffs’ yard, they are unlikely to be noticed in a traffic flow in excess of 22,000. Further, the evidence shows there have been no traffic accidents at the entrance to plaintiffs’ property for a period of several years.
The complaints that 70th Street was blocked at times, that Mid-West burned crates and trash in the open or that drivers used profane language are not material to the issue presented. These involve violations of ordinances which have no connection with the proper zoning of land. It should be further noted that it would require quite a sizeable trash fire to create smoke. equal in volume to that shown pouring out of Nalco’s stacks in plaintiffs’ exhibits 3, 5, 7 and 9.
With heavily traveled Pulaski Road as a buffer, it is apparent that the residents of the area east of Pulaski are not affected by the change of classification from Ml-1 to C-4. The ordinance provision for a 100-foot buffer is adequate protection for the residents of the area north of West 70th Street. Reversal of the judgment results in substantial injury to the plaintiffs without perceptible benefit to the public, and I would, therefore, affirm.