The DuPage County Zoning Board of Appeals on Oct. 23 heard from SMM Management and its owner about a request for a variation to allow a video gaming establishment at 2230 Maple to remain within 1,000 feet of a place of assembly with a daycare and within 1,000 feet of other video gaming establishments. The board closed the public hearing and scheduled the matter for a recommendation meeting on Dec. 4 at 5:30 p.m.

The request concerns case number 25 0 45 and was presented by attorney Philip Lukhans on behalf of owner Sujal “Sam” Patel, president of SMM Management Company. Lukhans said the grocery-market property, operating with a subtenant that holds the gaming license, opened its video gaming area after obtaining county and state licenses in 2021 and that subsequent county ordinance changes introduced the 1,000-foot separation requirement that now renders the site noncompliant.

“When he built this, there was no 1,000 feet,” Lukhans told the board, arguing that his client expended about $48,400 in build-out costs after receiving the county approvals and that those investments would be lost if the use is not allowed to continue. He said the property is at the northeast corner of Belmont and Maple, is a one-story commercial site, and that the underlying B-2 General Business zoning permits the requested use.

Lukhans presented exhibits including a 2006 survey with an affidavit stating no changes to the property since purchase, aerial photos showing Belmont Bible Church about 918 feet apart property-line to property-line, photographs of the premises, and build-out cost records. He told the board that door-to-door building measurement between the gaming facility and the church exceeds 1,000 feet.

Owner Sujal Patel told the board the business operates from 9 a.m. to 7 p.m. and said typical video-gaming customers number about two to four per hour and usually stay about 30 to 45 minutes. “Sometimes, there is no customer for 2 hours,” Patel said. He also said staff are trained and will refuse service or ask impaired patrons to leave.

Board members asked for documentation to confirm licensing and timing for nearby gaming sites. Lukhans agreed to file follow-up records showing the dates his client’s gaming license went live and the dates for the other nearby licenses; the board left the record open to receive those materials.

The board took one procedural motion at the start of the meeting to permit a remote member to participate by Zoom. The motion, made by Member Moran and seconded by Member Murphy, carried by voice vote; the chair then recorded Member Gerard as present by Zoom. No other public comment was offered, and no final decision on the variation was made Oct. 23.

The board will consider SMM Management’s application along with similar cases at the recommendation meeting on Dec. 4 at 5:30 p.m. in the board’s hearing room. Additional evidentiary material the petitioner offered to submit includes county license records that Lukhans said list the petitioner’s license and activation date.