title
O R D I N A N C E
Zoning Petition ZONING-23-000028 Catie’s Place, LLC.
resolution
WHEREAS, a public hearing was held on June 29, 2023 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 reduce the required parking spaces for a Class A Restaurant from 19 parking spaces to 10 parking spaces, on the property hereinafter described:
LOT 1, 2, 3, 4, AND 5 IN BLOCK 3 IN LA SALLE REALTY CO’S VILLA ROOSEVELT, BEING A SUBDIVISION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HLAF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 39 NORHT, 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 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 July 13, 2023 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that he seeks the subject zoning relief to reduce the required parking spaces for a Class A Restaurant from 19 parking spaces to 10 parking spaces in the subject shopping center.
2. That petitioner testified that a Class A Restaurant requires 15 parking spaces per 1,000 square feet and that for the subject 1,200 sq. ft. unit/use, the required parking spaces would be 18.75.
a. That petitioner testified that the subject property includes 43 existing parking spaces and that the subject property with all units included, would require approximately 51.75 parking spaces.
3. That petitioner testified that the proposed use will not be a full restaurant with sit-down menu/reservations and that the proposed use would be considered a tavern (light food and alcoholic/non-alcoholic beverages) with a video gaming parlor.
a. That petitioner testified that in order to allow for video gaming, a liquor license is required by the State of Illinois, and that under the DuPage County Zoning Ordinance, the proposed use would fall under a Class A Restaurant.
b. That petitioner testified that the requirements for a Class A Restaurant are not applicable and are excessive when applied to the specific subject business use as a tavern with video gaming.
4. That petitioner testified that the proposed use will be operated by a one-person staff and at full capacity at other locations, there is seldomly more than seven people in the establishment.
5. That petitioner testified the existing uses in the shopping center include a beauty salon, State Farm insurance agency, a dentist office, and an ATI Physical Therapy office.
a. Furthermore, that petitioner testified that all of the businesses are closed by 6:00 PM with some closed by 5:00 PM.
6. That petitioner testified that the applicant, Catie’s Place, will have uncontested use of the existing 43 parking spaces in the subject shopping center on Saturday and Sunday.
a. That petitioner testified that the busiest hours (hour-by-hour volume per day) is between 5:00 PM - 8:00 PM, and three businesses in the shopping center are closed during this time, further showing uncontested use of the existing 43 parking spaces.
7. That the Zoning Board of Appeals finds that petitioner has not demonstrated a practical difficulty, particular hardship, or unique circumstance in relation to the Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking spaces to 10 parking spaces.
STANDARDS FOR VARIATIONS:
1. That the Zoning Board of Appeals finds that petitioner has not 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.
2. That the Zoning Board of Appeals finds that petitioner has not demonstrated the granting of the Variation will not:
a. Impair an adequate supply of light and air to the adjacent property as petitioner has not demonstrated or presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would not impact an adequate supply of light and air to the adjacent properties.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated or presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would 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 presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would 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 presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would 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 presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would not increase the potential for flood damages to adjacent properties.
f. Incur additional public expense for flood protection, rescue or relief as petitioner has not demonstrated or presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would 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 presented sufficient evidence that the proposed reduction in parking spaces for a Class A Restaurant would not impair the public health, safety, comfort, morals, or general welfare of DuPage County.
PETITIONER’S DEVELOPMENT FACT SHEET
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GENERAL ZONING CASE INFORMATION |
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CASE #/PETITIONER |
ZONING-23-000028 Catie’s Place, LLC. |
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ZONING REQUEST |
Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking spaces to 10 parking spaces. |
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OWNER |
ROOSEVELT & ADDISON, LLC. / ROSSI REAL ESTATE CORP., 1015 BUTTERFIELD ROAD, DOWNERS GROVE, IL 60515/ AGENT: JESSICA LOWE AND RYAN KOYNAGI, 8313 GRAND AVENUE, RIVER GROVE, IL 60171 |
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ADDRESS/LOCATION |
18W411(18W435) ROOSEVELT ROAD, LOMBARD, IL 60148 |
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PIN |
06-21-106-014 |
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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 |
0.75 ACRES (32,670 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: JUNE 14, 2023 |
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PUBLIC HEARING |
THURSDAY, JUNE 29, 2023 |
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ADDITIONAL INFORMATION: |
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Building: |
No Objections. |
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DUDOT: |
No Comments Received. |
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Health: |
Objects. (See attached documentation) |
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Stormwater: |
No Objections. |
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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 Villa Park: |
No Comments Received. |
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Village of Lombard: |
“Given that the site has more parking than required by Lombard Village Code for a strip retail center, the Village has no comments on the petition.” |
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Village of Oak Brook: |
No Comments Received. |
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City of Oakbrook Terrace |
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 Fire Dist.: |
No Objections with the concept of the petition. Additional information may be required at time of permit application. “Must comply with current 2021 IFC and Fire District codes.” |
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Sch. Dist. 45: |
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 B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
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South |
R-4 SF RES |
HOUSE |
0-5 DU AC |
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East |
ADDISON AVENUE AND BEYOND B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
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West |
THIRD STREET AND BEYOND B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on July 13, 2023, recommends to deny the following zoning relief:
Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking
spaces to 10 parking spaces.
ZBA VOTE (to Deny): 4 Ayes, 2 Nays, 1 Absent
DISSENTING OPINION: That the two (2) dissenting Zoning Board of Appeals members find that petitioner presented sufficient evidence to support a Variation to reduce the required parking
WHEREAS, the County Board Development Committee on August 1, 2023, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to concur with the findings and on a motion to approve, the motion failed relative to the following zoning relief:
Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking
spaces to 10 parking spaces.
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:
Variation to reduce the required parking spaces for a Class A Restaurant from 19 parking spaces to 10 parking spaces, on the property hereinafter described:
LOT 1, 2, 3, 4, AND 5 IN BLOCK 3 IN LA SALLE REALTY CO’S VILLA ROOSEVELT, BEING A SUBDIVISION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUARTER AND THE EAST HLAF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 39 NORHT, 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; ROOSEVELT & ADDISON, LLC. / ROSSI REAL ESTATE CORP., 1015 BUTTERFIELD ROAD, DOWNERS GROVE, IL 60515/ AGENT: JESSICA LOWE AND RYAN KOYNAGI, 8313 GRAND AVENUE, RIVER GROVE, IL 60171; and Township Assessor, York Township, 1502 S. Meyers Road, Lombard, IL 60148.
end
Enacted and approved this 8th day of August, 2023 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK