title
Zoning Petition ZONING-23-000087 Route 53 Cafe
resolution
WHEREAS, a public hearing was held on November 29, 2023 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:
Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District, on the property hereinafter described:
LOT 1 IN BUTTERFIELD COMMONS ASSESSMENT PLAT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26 AND THE NORTHEAST QUARTER OF SECTION 32, BOTH IN TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1987, AS DOCUMENT R87-118396, 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 November 29, 2023 does find as follows:
FINDINGS OF FACT:
A. That petitioner testified that the subject zoning relief is for a video gaming café, which is considered a Class B Restaurant/Tavern under the B-1 Zoning District.
B. That petitioner testified that per the State of Illinois, a video gaming café requires a liquor license, which is obtainable under a Class B Restaurant/Tavern for unincorporated DuPage County.]
a. That petitioner testified that he would be permitted to have up to six (6) video gaming machines.
C. That petitioner testified that he proposes to sell packaged snacks and beer/wine, and that no food is cooked or prepared on the premises.
D. That petitioner testified that the proposed hours of operation would be 10 AM - 11 PM Sunday through Thursday, and 10 AM - 12 AM Friday and Saturday.
E. That petitioner testified that the proposed video gaming café will be operated in the existing building with ample parking and that he does not need to construct anything on the subject property
a. Furthermore, that petitioner testified that there is sufficient parking for the proposed video gaming café, as the property is shared with a large banquet facility.
F. That petitioner testified that the proposed video gaming café will have approximately two (2) employees.
G. That the Zoning Hearing finds that petitioner has demonstrated sufficient evidence for a Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District and that petitioner provided evidence that the proposed video gaming café will be operated in an existing storefront, will not impact adjacent properties, and that they will have sufficient parking for the video gaming café.
STANDARDS FOR CONDITIONAL USES:
1. That the Zoning Board of Appeals finds that petitioner has demonstrated that the granting of the Conditional Use 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 demonstrated that the proposed Class B/Tavern Restaurant will be located in an existing building/storefront on the subject property, and therefore will not impair an adequate supply of light and air to adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has demonstrated that the proposed Class B/Tavern Restaurant will be operated in an existing building/storefront on the subject property and that he will receive a permit for any construction on the subject property.
c. Diminish the value of land and buildings throughout the County as petitioner has demonstrated the proposed Class B/Tavern Restaurant will be an added benefit to the area and that the existing storefront is built to the current DuPage County building codes, which 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 demonstrated that the proposed Class B/Tavern Restaurant will not unduly increase traffic congestion in the public streets and that petitioner testified that there is sufficient parking on the subject property.
e. Increase the potential for flood damages to adjacent property as petitioner has demonstrated that the proposed Class B/Tavern Restaurant will not increase the potential for flood damages, as it will be operated in the existing building on the subject property.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has demonstrated the proposed Class B/Tavern Restaurant will not incur additional public expense for flood protection, rescue, or relief, as the proposed Class B/Tavern Restaurant will be operated in the existing building on the subject property.
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 Class B/Tavern Restaurant will be an added benefit to the area, and that it will be operated in the existing building/storefront on the subject property, which will not impair the public health, safety, comfort, morals, or general welfare.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000087 ROUTE 53 CAFE |
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ZONING REQUEST |
Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District. |
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OWNER |
MAR LAC HOUSE LTD, 3S002 ROUTE 53, GLEN ELLYN, IL 60137/ AGENT: ROBERT FABBRI, 2095 SANDELL LANE, NORTH AURORA, IL 60542 |
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ADDRESS/LOCATION |
3S002 ROUTE 53, GLEN ELLYN, IL 60137 |
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PIN |
05-35-205-020 |
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TWSP./CTY. BD. DIST. |
MILTON |
DISTRICT 4 |
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ZONING/LUP |
B-1 LOCAL BUSINESS |
LOCAL COMMERCIAL |
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AREA |
6.38 ACRES (277,913 SQ. FT.) |
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UTILITIES |
WATER AND SEWER |
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PUBLICATION DATE |
Daily Herald: NOVEMBER 14, 2023 |
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PUBLIC HEARING |
WEDNESDAY, NOVEMEBR 29, 2023 |
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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: |
No Objections 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 Glen Ellyn: |
No Comments Received. |
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Village of Downers Grove: |
“The Village of Downers Grove has no comments.” |
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Village of Lombard: |
No Comments Received. |
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City of Wheaton: |
No Comments Received. |
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Milton Township: |
No Comments Received. |
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Township Highway: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. |
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Lisle-Woodridge Fire Dist.: |
“N/A” |
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Sch. Dist. 89: |
No Comments Received. |
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Sch. Dist. 87: |
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/ BANQUET FACILITY |
LOCAL COMMERCIAL |
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North |
BUTTERFIELD ROAD AND BEYOND R-3 SF RES |
HOUSE |
|
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South |
B-1 LOCAL BUSINESS |
COMMERCIAL |
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East |
ROUTE 53 AND BEYOND VILLAGE OF DOWNERS GROVE |
FOREST PRESERVE |
VILLAGE OF DOWNERS GROVE |
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West |
R-4 SF RES |
HOUSE |
0-5 DU AC |
WHEREAS, the Zoning Hearing Officer, having considered in relation to the above and at the recommendation meeting held on November 29, 2023, recommends to approve the following zoning relief:
Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District.
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-23-000087 Route 53 Cafe dated November 29, 2023.
2. That the Conditional Use zoning relief shall expire after five (5) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That the Conditional Use shall inure only to the owner, MAR LAC HOUSE LTD and/or ROBERT FABBRI, and shall terminate in the event that the owner, or any entity owned or controlled by MAR LAC HOUSE LTD and/or ROBERT FABBRI discontinues operation of the subject Conditional Use on the subject property.
5. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
ZHO Recommendation to Approve
WHEREAS, the County Board Development Committee on January 16, 2024, considered the above findings and recommendations of the Zoning Hearing Officer and recommends to concur with the findings and recommends to approve the following zoning relief:
Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District.
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-23-000087 Route 53 Cafe dated November 29, 2023.
1. That the Conditional Use zoning relief shall expire after five (5) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
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 Conditional Use shall inure only to the owner, MAR LAC HOUSE LTD and/or ROBERT FABBRI, and shall terminate in the event that the owner, or any entity owned or controlled by MAR LAC HOUSE LTD and/or ROBERT FABBRI discontinues operation of the subject Conditional Use on the subject property.
4. That the property be developed in accordance with all other codes and Ordinances of DuPage County.
Development Committee VOTE (to Approve): 4 Ayes, 0 Nays, 2 Absent
NOW, THEREFORE, BE IT ORDAINED by the County Board of DuPage County, Illinois that the following zoning relief be granted:
Conditional Use for a Class B/Tavern Restaurant in a B-1 Local Business District, on the property hereinafter described:
LOT 1 IN BUTTERFIELD COMMONS ASSESSMENT PLAT NO. 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26 AND THE NORTHEAST QUARTER OF SECTION 32, BOTH IN TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1987, AS DOCUMENT R87-118396, IN DUPAGE COUNTY, 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-23-000087 Route 53 Cafe dated November 29, 2023.
2. That the Conditional Use zoning relief shall expire after five (5) years from the date of approval of the subject zoning relief by the DuPage County Board or upon one of the following circumstances, whichever shall come first:
a. The structure or use is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building, structure, or use to the condition it was prior to the destruction or damage exceeds fifty percent (50%) or more of its replacement value.
b. The structure is voluntarily removed.
3. That the owner/developer is to apply for and receive a Building Permit for all construction and/or excavation that occurs on the property.
4. That the Conditional Use shall inure only to the owner, MAR LAC HOUSE LTD and/or ROBERT FABBRI, and shall terminate in the event that the owner, or any entity owned or controlled by MAR LAC HOUSE LTD and/or ROBERT FABBRI discontinues operation of the subject Conditional Use on the subject property.
5. 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; MAR LAC HOUSE LTD, 3S002 ROUTE 53, GLEN ELLYN, IL 60137/ AGENT: ROBERT FABBRI, 2095 SANDELL LANE, NORTH AURORA, IL 60542; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 23rd day of January, 2024 at Wheaton, Illinois.
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DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK