title
Zoning Petition ZONING-23-000095 Dr. Smoke
resolution
WHEREAS, a public hearing was held on February 7, 2024 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 2:30 P.M. before the DuPage County Zoning Hearing Officer and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
1. Conditional Use to allow a restaurant/tavern in the B-1 Local Business District.
2. Variation to reduce the required amount of parking spaces from 15 to 11 spaces, as existing, on the property hereinafter described:
LOT 1 AND THE EAST 5 FEET OF LOT 2 IN BLOCK 5 IN LASALLE REALTY CO’S VILLA ROOSEVELT, BEING A SUBDIVISION OF THE WEST HALF OF WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1929, AS DOCUMENT 276750, IN DUPAGE COUNTY, ILLINOIS; and
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on February 7, 2024 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the purpose of the proposed zoning relief is to allow an existing tobacco store to allow for video gaming on the premises, which requires a liquor pouring license.
B. That petitioner testified that they will not be a restaurant or bar, and will not serve food, and that they are required to be classified as a restaurant or tavern in order to have a liquor pour license, with the ultimate goal of having six (6) video gaming machines.
C. That petitioner testified that no changes will be made to structure or parking lot.
D. That petitioner testified that the hours of operation for the existing tobacco store are from 9 AM to 9 PM, seven (7) days a week.
E. That petitioner testified that they have two (2) employees, with only one (1) present in the store at a time.
F. That the Zoning Hearing Officer finds that from the testimony given at the public hearing, there is no intent to operate a restaurant or tavern at the subject property and therefore, the requested zoning relief is not applicable to the subject property. Furthermore, that petitioner indicated that he is only attempting to obtain a liquor license for the purpose of video gaming, with no intent to operate a restaurant or tavern and will only have a “cooler of alcohol (beer)” for customers utilizing the video gaming machines.
G. Furthermore, that the Zoning Hearing Officer finds from the testimony given at the public hearing, that the existing tobacco store will remain on the subject property and that a restaurant or tavern will not be operated on the subject property and that if a restaurant were to be added to the subject property, petitioner would be required to request a Conditional Use for a Planned Development to allow two (2) uses on the subject property.
STANDARDS FOR CONDITIONAL USES AND VARIATIONS:
1. That the Zoning Board of Appeals finds that petitioner has not demonstrated that the granting of the Conditional Use and Variation is in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the County’s comprehensive plan for development; and specifically, that the granting of the Conditional Use will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or provided sufficient evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not impair an adequate supply of light and air to the adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or provided sufficient evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not increase the hazard from fire or other dangers to said property.
c. Diminish the value of land and buildings throughout the County as petitioner has not demonstrated or provided sufficient evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not diminish the value of land and buildings throughout the County.
d. Unduly increase traffic congestion in the public streets and highways as petitioner has not demonstrated or provided sufficient evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not unduly increase traffic congestion in the public streets and highways.
e. Increase the potential for flood damages to adjacent property as petitioner has not demonstrated or provided evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not increase the potential for flood damages to adjacent property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or provided evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not incur additional public expense for flood protection, rescue, or relief.
g. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has not demonstrated or provided evidence that the restaurant/tavern in the B-1 Local Business District with parking variation will not impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000095 Dr. Smoke |
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ZONING REQUEST |
1. Conditional Use to allow a restaurant/tavern in the B-1 Local Business District. 2. Variation to reduce the required amount of parking spaces from 15 to 11 spaces, as existing. |
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OWNER |
TOP PROPERTY, LLC., 18W511 ROOSEVELT ROAD, LOMBARD, IL 60148/ TOP PROPERTY, LLC., 6510 LINCOLN AVENUE, LINCOLNWOOD, IL 60712/ AGENT: PRADEEP PATEL, 17241 BROWNING DRIVE, ORLAND PARK, IL 60467 |
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ADDRESS/LOCATION |
18W511 ROOSEVELT ROAD, LOMBARD, IL 60148 |
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PIN |
06-21-104-023 |
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TWSP./CTY. BD. DIST. |
YORK |
DISTRICT 2 |
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ZONING/LUP |
B-1 LOCAL BUSINESS |
LOCAL COMMERCIAL |
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AREA |
0.17 ACRES (7,405 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: JANUARY 23, 2024 |
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PUBLIC HEARING |
WEDNESDAY, FEBRUARY 7, 2024 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
Our office has no jurisdiction in this matter. |
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EXTERNAL: |
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Village of Lombard: |
No Comments Received. |
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Village of Villa Park: |
No Comments Received. |
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City of Oakbrook Terrace: |
No Comments Received. |
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Village of Oak Brook: |
No Comments Received. |
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York Township: |
No Comments Received. |
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Township Highway: |
No Objections. |
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York Center Fire Dist.: |
No Objection with the concept of the petition. Additional information may be required at time of permit application. “Will need to comply with current Fire / Life Safety codes from this office.” |
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Sch. Dist. 45: |
No Comments Received. |
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Sch. Dist. 88: |
No Comments Received. |
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Forest Preserve: |
The Forest Preserve District of DuPage County staff has reviewed the information provided in this notice and due to the sizable distance between the subject property and District property, we do not have any specific comments. Thank you.” |
LAND USE
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
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North |
ROOSEVELT ROAD AND BEYOND VILLAGE OF LOMBARD |
COMMERCIAL |
VILLAGE OF LOMBARD |
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South |
ALLEY AND BEYOND R-4 SF RES |
RESIDENTIAL |
0-5 DU AC |
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East |
LUTHER AVENUE AND BEYOND B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
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West |
B-1 LOCAL BUSINESS |
UTILITY |
LOCAL COMMERCIAL |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on February 7, 2024, recommends to deny the following zoning relief:
1. Conditional Use to allow a restaurant/tavern in the B-1 Local Business District.
2. Variation to reduce the required amount of parking spaces from 15 to 11 spaces, as existing.
ZHO Recommendation to Deny
WHEREAS, the County Board Development Committee on April 2, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and on a motion to approve, the motion failed to the following zoning relief:
1. Conditional Use to allow a restaurant/tavern in the B-1 Local Business District.
2. Variation to reduce the required amount of parking spaces from 15 to 11 spaces, as existing.
Development Committee VOTE (Motion to Approve Failed ): 0 Ayes, 5 Nays, 1 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
1. Conditional Use to allow a restaurant/tavern in the B-1 Local Business District.
2. Variation to reduce the required amount of parking spaces from 15 to 11 spaces, as existing, on the property hereinafter described:
LOT 1 AND THE EAST 5 FEET OF LOT 2 IN BLOCK 5 IN LASALLE REALTY CO’S VILLA ROOSEVELT, BEING A SUBDIVISION OF THE WEST HALF OF WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 1, 1929, AS DOCUMENT 276750, IN DUPAGE COUNTY, ILLINOIS; and
BE IT FURTHER ORDAINED by the County Board of DuPage County, Illinois that should any section, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared to be invalid; and
BE IT FURTHER ORDAINED that a certified copy of this Ordinance be transmitted by the County Clerk to the DuPage County Finance Department; DuPage County Auditor; DuPage County Treasurer; Paul J. Hoss, Zoning; State's Attorney's Office; DuPage County Health Department; DuPage County Division of Transportation; TOP PROPERTY, LLC., 18W511 ROOSEVELT ROAD, LOMBARD, IL 60148/ TOP PROPERTY, LLC., 6510 LINCOLN AVENUE, LINCOLNWOOD, IL 60712/ AGENT: PRADEEP PATEL, 17241 BROWNING DRIVE, ORLAND PARK, IL 60467; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 9th day of April, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK