DuPage County committee denies most video‑gaming variances, approves two petitions

DuPage County Development Committee members on Jan. 6 debated a series of zoning petitions seeking exceptions to the countyCounty code that requires video gaming facilities to be at least 1,000 feet from schools, day cares and religious institutions, and recommended denial of most petitions for 7‑Eleven locations while approving two other requests.

The committee, acting in a recommending role to the county board, rejected motions that would have overturned Zoning Board of Appeals (ZBA) denials for several 7‑Eleven petitions (items 6b, 6c and 6d). Chair Tornatore said a "yes" vote would overturn the ZBA; after roll call the motions failed and the committee did not recommend approval to the county board.

Public commenters and applicants gave competing accounts. Jonathan Littner, counsel for the 7‑Eleven locations, said the stores "have been operating video gaming since around 2022 and 2023 with all the required approvals" and argued petitioners reasonably relied on prior liquor and gaming approvals. Mike Gibson, representing the Butterfield site, said denying relief would create "an undue hardship on the 15 employees that we have there," noted the operator has 14 locations countywide and said the group pays "over $1,000,000 a year in rent" and has generated "over 4 and a half million dollars of video gaming tax." Greg, president of the Glen Elm Woods Civic Association, urged denial and warned of neighborhood harm, saying problem gambling has "people losing money, can't afford bills." Paul, a county staffer, told members the ZBA must apply current land‑use standards and cannot treat prior liquor approvals as zoning relief.

The committee approved the ZBArecommended approval for SMM Management (item 6e, described in the record as an existing Angelo's/food market seeking a variation) where the petitioner showed mitigating land‑use circumstances. The petitioner for Penny's Place (item 6f) asked to withdraw and refile its petition to present additional evidence, and the committee agreed to pull that item from the agenda. The committee also voted to recommend approval for Lucky 7 Bistro (item 6g); members noted the ZBA had found land‑use arguments adequate in that case.

Staff summarized the countycode changes enacted in 2024 that clarified zoning categories for video gaming (standalone gaming cafes vs. devices inside existing facilities) and set the 1,000‑foot separation requirement. Paul told the committee that in approved ZBA cases petitioners had demonstrated land‑use mitigating factors such as building‑to‑building distances exceeding 1,000 feet, absence of outdoor play areas for daycare users, or heavy collector roadways between uses; denied petitions tended to rely on financial hardship or prior licensing, which the ZBA may not consider in lieu of land‑use evidence.

Members pressed staff for site‑specific distances. Paul gave property‑line measurements for several sites: Park Boulevard was approximately 401 feet to Glenbard South High School and about 571 feet to St. Barnabas Church; a Maple & Belmont site measured about 100 feet to Belmont Bible Church and 75 feet to a daycare; the Lloyd & Butterfield location measured about 66 feet to a daycare; Penny's Place measured about 386 feet to St. Barnabas. Members debated whether building‑to‑building distances, traffic on nearby collector roads, and the absence of outdoor play areas were sufficient to mitigate close property‑line proximity to protected uses.

The committeeacknowledged that its vote is a recommendation to the county board, which will take final action; items approved by the committee (except the withdrawn Penny's Place) will be scheduled for the county board meeting next week. No appeals of ZBA decisions have been filed in the record timelines staff cited; staff noted petitioners may withdraw and refile to create a new record or pursue other legal avenues outside the administrative appeal windows.

The committee adjourned after approving minutes and several items; the record shows a split vote pattern on gaming petitions, with members differing on how to weigh land‑use evidence against claims of economic hardship.

(End of report.)