title
Zoning Petition ZONING-25-000042 7-Eleven (Park Blvd)
resolution
WHEREAS, a public hearing was held on September 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 terminal establishment in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school.
3. Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment, on the property hereinafter described:
THE SOUTH 175 FEET OF THE NORTH 325 FEET, AS MEASURED ON THE EAST LINE OF PARK BOULEVARD, OF THE WEST 157.0 FEET, AS MEASURED ON THE NORHT LINE OF THAT PART OF DAUGHERTY’S ASSESSMENT PLT OF PART OF SECTIOSN 26 AND 35, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3, 1947 AS DOCUMENT 518426, LYING EAST OF THE EAST LINE OF PARK BOULEVARD, AS SHOWN ON SAID ASSESSMENT PLAT, IN THE TOWNSHIP OF MILTON, 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 December 4, 2026 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 terminal establishment in a B-1 Local Business Zoning District, a Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school, and a Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment.
2. That petitioner testified that the subject property is located at the intersection of Butterfield Road and Park Boulevard.
3. That petitioner testified that the proposed location of 7-Eleven (Park Blvd) video gaming terminal establishment is located within 1,000 feet of the St Barnabas Episcopal Church which is approximately 903 feet from the subject property. Additionally, the proposed location is near existing video gaming café restaurant/video gaming terminal establishments including Penny’s Place located approximately 234 feet from the subject property and Annie’s Slots at M&W Thai which is about 324 feet from the subject property.
4. That petitioner testified that the property has been operating video gaming since March of 2023.
5. That petitioner testified that the store has approximately less than 50 customers per day that play the video games at the store; in comparison to the approximately 300 to 400 customers that come into the store every day. That petitioner testified that the customers typically play for around 10 to 30 minutes and leave.
6. That petitioner testified that the proposed video gaming establishment has six (6) video gaming devices which are locked behind a barricade only allowing customers who show valid photo identification and 21 years or older are allowed to enter and play.
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 café 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 not 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 not demonstrated that the proposed video gaming terminal establishment would impair 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 that the proposed video gaming terminal establishment 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 that the proposed video gaming terminal establishment 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 that the proposed video gaming terminal establishment 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 that the proposed video gaming terminal establishment 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 that the proposed video gaming terminal establishment 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 that the proposed video gaming terminal establishment 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-25-000042 7-Eleven (Park Blvd) |
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ZONING REQUEST |
1. Conditional Use to allow a video gaming terminal establishment in a B-1 Local Business Zoning District. 2. Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school. 3. Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment. |
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OWNER |
TEXSTORE PROPERTIES, 3S035 PARK BLVD, GLEN ELLYN, IL 60137 / TEXSTORE PROPERTIES, PO BOX 711, DALLAS, TX 75221-0711 / AGENT: 7-ELEVEN (PARK BLVD), ANKIT PATEL, 3S035 PARK BLVD, GLEN ELLYN, IL 60137 |
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ADDRESS/LOCATION |
3S035 PARK BLVD, GLEN ELLYN, IL 60137 |
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PIN |
05-35-107-034 |
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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 |
0.6 ACRES (26,136 SQ. FT.) |
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UTILITIES |
WATER/SEWER |
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PUBLICATION DATE |
Daily Herald: SEPTEMBER 9, 2025 |
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PUBLIC HEARING |
WEDNESDAY, SEPTEMBER 24, 2025 |
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ADDITIONAL INFORMATION: |
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Building: |
No objection. |
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DUDOT: |
No objection. |
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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 Glen Ellyn: |
Objects. (See attached documentation) |
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Village of Lombard: |
“As this property is outside our planning boundary, the Village of Lombard has no comment on this petition.” |
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Village of Downers Grove: |
No comments. |
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Village of Lisle: |
Our office has no jurisdiction in this matter. |
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City of Wheaton: |
No Comments Received. |
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Milton Township: |
No Comments Received. |
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Milton Township Highway: |
No objection. Additional information may be required at time of permit application. |
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Lisle-Woodridge Fire Dist.: |
No Comments Received. |
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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: |
No Comments Received. |
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 |
B-1 LOCAL BUSINESS |
BANK |
LOCAL COMMERCIAL |
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South |
R-6 MULTIPLE FAMILY |
APARTMENT COMPLEX |
0-5 DU AC |
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East |
B-1 LOCAL BUSINESS |
COMMERCIAL |
LOCAL COMMERCIAL |
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West |
R-3 SINGLE FAMILY |
RESIDENTIAL |
0-5 DU AC |
WHEREAS, the Zoning Board of Appeals, having considered in relation to the above and at the recommendation meeting held on December 4, 2026, recommends to deny the following zoning relief:
1. Conditional Use to allow a video gaming terminal establishment in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school.
3. Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment.
ZBA VOTE (to Deny): 6 Ayes, 0 Nays, 0 Absent
WHEREAS, the County Board Development Committee on December 6, 2025, 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:
1. Conditional Use to allow a video gaming terminal establishment in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school.
3. Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment.
Development Committee VOTE (Motion to Approve Failed): 1 Ayes, 4 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 video gaming terminal establishment in a B-1 Local Business Zoning District.
2. Variation to allow a video gaming terminal establishment within 1,000 feet of a place of assembly and school.
3. Variation to allow a video gaming terminal establishment within 1,000 feet of an existing video gaming café restaurant/video gaming terminal establishment, on the property hereinafter described:
THE SOUTH 175 FEET OF THE NORTH 325 FEET, AS MEASURED ON THE EAST LINE OF PARK BOULEVARD, OF THE WEST 157.0 FEET, AS MEASURED ON THE NORHT LINE OF THAT PART OF DAUGHERTY’S ASSESSMENT PLT OF PART OF SECTIOSN 26 AND 35, TOWNSHIP 39 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 3, 1947 AS DOCUMENT 518426, LYING EAST OF THE EAST LINE OF PARK BOULEVARD, AS SHOWN ON SAID ASSESSMENT PLAT, IN THE TOWNSHIP OF MILTON, 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; TEXSTORE PROPERTIES, 3S035 PARK BLVD, GLEN ELLYN, IL 60137 / TEXSTORE PROPERTIES, PO BOX 711, DALLAS, TX 75221-0711 / AGENT: 7-ELEVEN (PARK BLVD), ANKIT PATEL, 3S035 PARK BLVD, GLEN ELLYN, IL 60137; and Township Assessor, Milton Township, 1492 N. Main Street, Wheaton, IL 60187.
end
Enacted and approved this 13th of January, 2026 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK