title
Zoning Petition ZONING-25-000052 PTS Cannabis
resolution
WHEREAS, a public hearing was held on August 21, 2025 in the DuPage County Administration Building, 421 North County Farm Road, Wheaton, Illinois at 6:00 P.M. before the DuPage County Zoning Board of Appeals and notice of said hearing was duly given; and
WHEREAS, a petition was presented at this hearing requesting the following zoning relief:
Variation to allow an Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school, on the property hereinafter described:
PART OF THE WEST HALF OF SECTION 18 IN TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 5N105 ROUTE 53, ILLINOIS; and
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above requested zoning petition presented at the above hearing and at the recommendation meeting held on September 4, 2025 does find as follows:
FINDINGS OF FACT:
1. That the petitioner testified that they seek a variation to allow a permitted use Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school.
2. That petitioner testified that the County Board has approved adult use cannabis facilities within a B-2 General Business District and that the subject property is commercial integrated shopping center located in the B-2 General Business District.
3. That petitioner testified the subject property is categorized as general commercial on the County Comprehensive Plan for development consistent with the B-2 Zoning District.
4. That the petitioner tested that the integrated shopping center for which the use will be part of is located at the NE corner of Illinois Route 53 (Rohlwing Road) and Illinois Route 20 (Lake Street). Both road ROW’s fall within the jurisdiction of the State of Illinois Division of Transportation and are considered principal arterial limited access roadways on both the State of Illinois and DuPage County DOT transportation plans.
5. That petitioner testified that the Addison Park District has a 40-acre indoor and outdoor facility located at its closest point within 1,500 feet, (approximately 1,000) of the subject shopping center to the south of Illinois Route 20 (Lake Street) and on the east side of Illinois Route 53 (Rohlwing Road).
a. That within a portion of the Addison Park District facility, there is a day facility among other typical park district operations, including an indoor pool, exercise facilities, group recreational rooms, tennis courts, walking paths, playground etc.
b. That the northern portion of the 40-acre Addison Park District is used exclusively for walking trails and that any outside areas potentially available for the day care operation are approximately 1,700 feet from the subject shopping Center and the building that houses the day care center is approximately 1,900 feet from the Shopping Center.
c. That the actual tenant space in the shopping center where the Adult Cannabis Dispensary will be located is approximately 2,100 feet from the portion of the Addison Park District facility that houses the day care center.
d. That in addition to Illinois Route 20 (Lake Street), to the south of the Shopping Center there is a gas station and car wash use, an approximately 3-acre wetland and 200-foot-wide ComEd ROW housing overhead transmission lines between the subject shopping center and the northernmost point of the Addison Park District 40-acre facility.
6. That petitioner testified that the Islamic Society of Addison has an approximately 4.5-acre facility located on Route 53 (Rohlwing Rd) approximately 1,200 feet at its closest point to the southwest of subject shopping center facility to the south of Illinois Route 20 (Lake Street) and on the west side of Illinois Route 53 (Rohlwing Road).
a. That within a portion of the Islamic Society of Addison property is a building that houses among other things, a summer school for Islamic Education and Early Childhood Program, which in theory qualifies the facility as a school and day care facility per the County Code.
b. That the building that houses the education and early childcare activities is approximately 1,600 feet from the subject shopping center facility.
c. That the actual tenant space in the shopping center where the Adult Cannabis Dispensary will be located is approximately 1,700 feet from the portion of the Islamic Society of Addison facility that houses education and early childcare activities.
d. That petitioner testified that in addition to Illinois Route 20 (Lake Street), to the south of the Shopping Center there is a gas station and car wash use, a Walmart Store and detention for same of approximately 2-acres and a 200-foot-wide ComEd ROW housing overhead transmission lines and equipment building substation thereto between the subject shopping center and the northernmost point of the Islamic Society of Addison 4.5 acres facility and several parking lots.
STANDARDS FOR VARIATION:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that unique circumstance and hardship is present as, while the required 1,500 foot distance between the subject use and protected uses of child care and educational facilities is technically not met, petitioner has demonstrated that the active areas and enclosed areas of the subject use/tenant space within the larger integrated shopping center and the active areas and facilities housing the protected uses of child care and education are well beyond the required 1,500 feet distance requirement.
2. That the Zoning Board of Appeals further finds that petitioner has demonstrated that there are existing industrial and commercial land uses, environmental features (wetland and floodplain and detention areas), regional public facilities (ComEd ROW/overhead power lines and substation thereto) and several principal arterial/limited access roadways (Route 53, Route 20, and the Illinois I-355 State Toll Authority ROW) that lie between the subject development and the protected uses providing more than adequate buffer between the protected uses and the subject development.
3. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the 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 Variation will not:
A. Impair an adequate supply of light and air to the adjacent property as petitioner has demonstrated that the proposed legal Adult Use Cannabis Dispensary development will practically meet all required distance requirements from protected uses of child care services and educational facilities as petitioner has demonstrated that the actual distance between the tenant space in the shopping center and the location of the buildings spaces that house the education and childcare facilities well exceeds the 1,500 foot distance requirements.
• In addition, petitioner has demonstrated that there are several more intense uses between the protected uses and the subject development including two (2) limited access principal arterial highways under the jurisdiction of the State of Illinois Department of Transportation which carry at least 25,000 movements per day per ROW, wetland and detention facilities and the 200 ft. wide ComEd ROW with overhead transmission lines and substation thereto and several large commercial developments and parking lots thereto.
B. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that they will obtain permits for the proposed development and that it will meet all required codes of DuPage County.
C. Diminish the value of land and buildings throughout the County as petitioner has demonstrated that the proposed development is a permitted use within the zoned B-2 General Business District.
D. Unduly increasing traffic congestion in the public streets and highways as petitioner has demonstrated that the proposed development is in an existing integrated shopping center on two (2) principal arterial roadways with preexisting limited access points along said highways (Route 53 and Route 20) with restricted access to the existing commercial integrated shopping center.
E. Increase the potential for flood damage to adjacent property as the petitioner has demonstrated that the Stormwater Department has no objections to the proposed use and the project will require no new building footprint as it will be a build out of an existing tenant space withing an existing shopping center facility.
F. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated that the Stormwater Department has no objections to the proposed development and the project will require no new building footprint as it will be a build out of an existing tenant space withing an existing shopping center facility
G. Otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County as petitioner has demonstrated that the proposed development is a permitted use in the zoned B-2 General Business District, is consistent with the County Comprehensive Plan for development and will practically be located well in excess of 1,500 feet from two (2) protected uses that are housed in the Addison Park District general recreational facility and the Islamic Society of Addison facility to the south of the subject property beyond Illinois Route 20, several businesses, wetland and detention facilities and the ComEd 200 ft. ROW and facilities thereto.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-25-000052 PTS Cannabis |
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ZONING REQUEST |
Variation to allow an Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school. |
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OWNER |
LAKE 53, LLC., 5N105 ROUTE 53, ITASCA, IL 60143/LAKE 53, LLC., 1307 SCHIFERL ROAD, BARTLETT, IL 60103/AGENT: PHILLIP LUETKEHANS, LUETKEHANS, BRADY, GARNER & ARMSTRONG, 2700 INTERNATIONAL DRIVE, SUITE 305, WEST CHICAGO, IL 60185 |
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ADDRESS/LOCATION |
5N105 ROUTE 53, ITASCA, IL 60143 |
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PIN |
03-18-302-029 |
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TWSP./CTY. BD. DIST. |
ADDISON |
DISTRICT 1 |
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ZONING/LUP |
B-2 GENERAL BUSINESS |
LOCAL COMMERCIAL |
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AREA |
0.89 ACRES (38,768 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: AUGUST 6, 2025 |
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PUBLIC HEARING |
THURSDAY, AUGUST 21, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
Our office has no jurisdiction in this matter. |
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Health: |
Our office has no jurisdiction in this matter. |
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Stormwater: |
Our office has no jurisdiction in this matter. |
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Public Works: |
“DPC Public Works doesn’t own any sewer or water mains in this area.” |
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EXTERNAL: |
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Village of Addison: |
Objects. (See attached documentation) |
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Village of Bloomingdale: |
No Comments Received. |
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Village of Itasca: |
Our office has no jurisdiction in this matter. (See attached documentation) |
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City of Wood Dale: |
No Comments Received. |
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Addison Township: |
No Comments Received. |
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Township Highway: |
No Comments Received. |
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Itasca Fire Dist.: |
No Comments Received. |
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Sch. Dist. 4: |
No Comments Received. |
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Sch. Dist. 88: |
No Comments Received. |
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Forest Preserve: |
“We do not have any comments.” |
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Location |
Zoning |
Existing Use |
LUP |
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Subject |
B-2 GENERAL BUSINESS |
INTEGRATED SHOPPING CENTER |
LOCAL COMMERCIAL |
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North |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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South |
B-2 GENERAL BUSINESS |
INTEGRATED SHOPPING CENTER |
LOCAL COMMERCIAL |
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East |
R-4 SF RES |
HOUSE |
0-5 DU AC |
|
West |
ROUTE 53 AND BEYOND B-2 GENERAL BUSINESS |
COMMERCIAL |
OFFICE LOW |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on September 4, 2025, recommends to approve the following zoning relief:
Variation to allow an Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000052 PTS Cannabis dated August 21, 2025
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZBA VOTE (to Approve): 6 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on September 16, 2025, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and recommends to approve the following zoning relief:
Variation to allow an Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school
Subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000052 PTS Cannabis dated August 21, 2025
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (Motion to Approve): 6 Ayes, 0 Nays, 0 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Variation to allow an Adult-Use Cannabis Dispensing Organization within 1,500 feet from a pre-existing public or private nursery school, preschool, primary or secondary school, on the property hereinafter described:
PART OF THE WEST HALF OF SECTION 18 IN TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 5N105 ROUTE 53, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the property be developed in accordance with the petitioner’s site plan made part of Zoning Petition #ZONING-25-000052 PTS Cannabis dated August 21, 2025
2. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
3. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
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; LAKE 53, LLC., 5N105 ROUTE 53, ITASCA, IL 60143/LAKE 53, LLC., 1307 SCHIFERL ROAD, BARTLETT, IL 60103/AGENT: PHILLIP LUETKEHANS, LUETKEHANS, BRADY, GARNER & ARMSTRONG, 2700 INTERNATIONAL DRIVE, SUITE 305, WEST CHICAGO, IL 60185; and Township Assessor, Addison Township, 401 North Addison Road, Addison, IL 60101.
end
Enacted and approved this 23rd of September, 2025 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK