Zoning Petition ZONING-25-000035 Hanna's - Wheaton, LLC.
WHEREAS, a public hearing was held on June 24, 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:
1. Conditional Use to allow a video gaming cafe restaurant in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming caf? restaurant to be located less than 1,000 feet from a place of assembly use, on the property hereinafter described:
LOTS 1, 2, 11, AND 12 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY'S FIELDVIEW, BEING A SUBDIVISION OF PARTS OF SECTION 6 AND 7, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 28, 1956 AS DOCUMENT 825065 AND CERTIFICATE OF CORRECTION RECORDED JANUARY 10, 1957 AS DOCUMENT 829294 AND AMENDED BY DOCUMENT R72-15205 RECORDED MARCH 28, 1972 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 10, 2025 does find as follows:
FINDINGS OF FACT:
1. That petitioner testified that the subject zoning relief is for a Conditional Use to allow a video gaming cafe restaurant in a B-1 Local Business Zoning District and a Variation to allow a video gaming caf? restaurant to be located less than 1,000 feet from a place of assembly use.
2. That petitioner testified that the subject property is located at the southwest corner of Geneva Road and Pleasant Hill Road.
3. That petitioner testified that the proposed location of Hanna's - Wheaton video gaming caf? restaurant is located within 1,000 feet of the Pleasant Hill Community Church/Church of the Savior, which is approximately 700 feet to the west of the subject property.
4. That petitioner testified that the subject property is a shopping center that has ten (10) units, and that the subject unit is located on the west end of the shopping center and was previously occupied by a dry cleaner.
a. That petitioner testified that the subject unit has been vacant for approximately five (5) years.
5. That petitioner testified that directly south and east of the subject property are all residential properties/uses and that to the north and west there are commercial properties/uses.
6. That petitioner testified that the proposed operator of Hanna's - Wheaton is an experienced video gaming operator with two (2) locations in Glendale Heights and Melrose Park.
7. That petitioner testified that the proposed video gaming caf? restaurant would be open from 9:00 AM to 12:00 AM.
8. That petitioner testified that the proposed video gaming caf? restaurant will only have six (6) video gaming devices.
9. That petitioner testified that they would serve food and liquor (beer/wine).
a. That petitioner testified that although they serve liquor, their primary customers as their existing location do not typically order liquor, resulting in low liquor sales.
10. That petitioner testified that the main ingress and egress to the shopping center is Geneva Road, with Pleasant Hill Road to the east and Delano Street on the west also as ingress/egress points.
a. That petitioner testified that in order to avoid customers utilizing the neighborhood to the south as a cut through, petitioner testified that they would propose restricting access going south on Delano Street from the shopping center.
11. That petitioner testified that although the proposed video gaming caf? restaurant would be located within 1,000 feet of a Place of Assembly, the Pleasant Hill Community Church/Church of the Savior is of modest size and only meets on the weekends.
12. That the Zoning Board of Appeals finds that the size of the Place of Assembly (Pleasant Hill Community Church/Church of the Savior) does not constitute a practical difficulty or particular hardship sufficient to justify the granting of the requested Variation.
13. That the Zoning Board of Appeals further finds that, although the petitioner has satisfied the Standards for a Conditional Use, those standards cannot be given effect because the petitioner failed to demonstrate the practical difficulty or particular hardship required to support the Variation, upon which the Conditional Use depends.
14. Furthermore, the Zoning Board of Appeals finds that, because the petitioner did not meet the burden of proof for the required Variation, the requested Conditional Use - to operate a video gaming cafe restaurant in a B-1 Local Business Zoning District - cannot be approved, as it is contingent upon the approval of the requested Variation.
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 sufficient evidence that the proposed Variation will not impair an adequate supply of light and air to adjacent property.
b. Increase the hazard from fire or other dangers to said property as petitioner has not demonstrated sufficient evidence that the proposed 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 that the proposed 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 sufficient evidence that the proposed 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 sufficient evidence that the proposed 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 sufficient evidence that the proposed 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 sufficient evidence that the proposed video gaming caf? restaurant will not impair the public health, safety, comfort, morals, or general welfare.
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 video gaming caf? restaurant will be operated in an existing shopping center unit and 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 demonstrated that the proposed video gaming caf? restaurant will receive all required buildings permits for interior alterations and 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 demonstrated that the proposed video gaming caf? restaurant will be operated in an existing shopping center unit and 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 video gaming caf? restaurant will only have six (6) gaming devices and 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 demonstrated that the proposed video gaming caf? restaurant will be operated in an existing shopping center unit and 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 demonstrated that the proposed video gaming caf? restaurant will be operated in an existing shopping center unit and 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 demonstrated that the proposed video gaming caf? restaurant will be operated in an existing shopping center unit and will not otherwise impair the public health, safety, comfort, morals, or general welfare of the inhabitants of DuPage County.
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on July 10, 2025, recommends to approve the following zoning relief:
1. Conditional Use to allow a video gaming cafe restaurant in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming caf? restaurant to be located less than 1,000 feet from a place of assembly use.
ZBA VOTE (to Deny): 6 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on September 2, 2025, considered the above findings and recommendations of the Zoning Board of Appeals and recommends to not concur with the findings and recommends to approve the following zoning relief:
1. Conditional Use to allow a video gaming cafe restaurant in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming caf? restaurant to be located less than 1,000 feet from a place of assembly use.
Subject to the following conditions:
1. That the subject use shall utilize a right in, right out only from the northern entrance onto Delano Street.
2. That the hours of operation be limited to not allow the operations to open before 1:00 PM on Sundays.
Development Committee VOTE (Motion to Approve): 3 Ayes, 0 Nays, 1 Abstain, 2 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 video gaming cafe restaurant in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming caf? restaurant to be located less than 1,000 feet from a place of assembly use, on the property hereinafter described:
LOTS 1, 2, 11, AND 12 IN BLOCK 1 IN ARTHUR T. MCINTOSH AND COMPANY'S FIELDVIEW, BEING A SUBDIVISION OF PARTS OF SECTION 6 AND 7, TOWNSHIP 39 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 28, 1956 AS DOCUMENT 825065 AND CERTIFICATE OF CORRECTION RECORDED JANUARY 10, 1957 AS DOCUMENT 829294 AND AMENDED BY DOCUMENT R72-15205 RECORDED MARCH 28, 1972 IN DUPAGE COUNTY, ILLINOIS; and
The Zoning Relief is subject to the following conditions:
1. That the subject use shall utilize a right in, right out only from the northern entrance onto Delano Street.
2. That the hours of operation be limited to not allow the operations to open before 1:00 PM on Sundays.
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; WILLIAM AND DORIS TULLAR, 26W211 GENEVA ROAD, WHEATON, IL 60187 / AGENT: HANNA'S - WHEATON, LLC., 26W233 GENEVA ROAD, WHEATON, IL 60187 / PHILLIP A. LUETKEHANS, LUETKEHANS, BRADY, GARNER & ARMSTRONG, 2700 INTERNATIONAL DRIVE, SUITE 305, WEST CHICAGO, IL 60185; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
Enacted and approved this 9th of September, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK