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Attorney asks DuPage County board to grant zoning variation for Lucky Penny gaming café
Summary
An attorney for Lucky Penny told the DuPage County zoning board the small Gary Avenue storefront has been vacant for years and the applicant invested roughly $280,000; the petitioner asked for a variance to operate a six-terminal video-gaming café and argued the use would be low-traffic and compatible with nearby commercial properties.
Matthew Henley, an attorney with Pinkerman LLP, told the DuPage County Zoning Board that his client seeks a variance to allow Lucky Penny to operate a video-gaming café at a small Gary Avenue storefront.
Henley said the space is about 900 square feet and that the proposal would install six video-gaming terminals, serve limited beer and wine, and restrict entry to customers 21 and older with ID checks at the door. He told the board the property has been vacant for about 15 years and that the applicant has invested approximately $280,000 in renovations to bring the unit up to code.
"These variations are appropriate and should be granted," Henley told the board, describing the site as a modest commercial unit at the southern end of a larger building and arguing that the county's zoning standards allow the board latitude to consider a reasonable-return hardship analysis.
Henley said the applicant expects low customer volumes with an average stay of roughly 45 minutes, and that the proposed hours and the small footprint reduce the likelihood of additional traffic or safety risks. He noted the county received one formal objection (City of Wheaton) and that several departments reported no conflicts on file.
The board did not vote on the application at the hearing. The chair requested that Henley supplement the record with the statutory citations and authorities referenced during argument; Henley agreed to submit the materials to staff. The board closed the hearing and set no final recommendation for this meeting.
