The DuPage County Zoning Board of Appeals on Dec. 4, 2025 denied several variance requests and approved two applications after members said applicants failed to present zoning-specific evidence required for relief.
Board members rejected requests including case 25042711 (Park Boulevard), the Maple Avenue matter and case 046 (Penny’s Place), citing a lack of testimony demonstrating the “practical difficulty” required under the zoning code. A board member moved to deny Park Boulevard, and the chair emphasized that “practical difficulty or hardship has unique meaning in the zoning code,” adding that the board needs evidence and testimony tied to zoning matters. The board referred denied items to the county development committee as appropriate.
The board approved SMM Management (case 045) after a member said the applicant had shown it was the first gaming facility in the area and that a competing business did not yet hold a license. Members also noted a buffer between existing facilities. The board approved Lucky 7 Bistro (case 048), where members discussed an isolated parcel surrounded by another municipality and whether the township’s 1,000-foot video-gaming proximity rule applied.
All motions discussed at the meeting were moved and seconded on the record; for each contested matter the chair called the roll and announced the motion passed. The meeting record repeatedly shows the board concluding that zoning relief must be supported by zoning-specific testimony and that remedies for non-zoning disputes may lie in other forums or administrative appeals.
The board adjourned after completing the agenda. The chair later reopened public comment to allow one business representative to ask about appeals and process; staff was advised as the next point of contact for procedural guidance.
Votes at a glance:
- Minutes (multiple past meetings): approved (voice vote)
- Case 25042711, Park Boulevard (Milton Township): motion to deny — motion carried (board vote)
- Case 0 43711, Maple Avenue (Milton Township): motion to deny — motion carried (board vote)
- Case 044, 711 Lloyd/Maple Avenue (Milton Township): motion to deny — motion carried (board vote)
- Case 045, SMM Management: motion to approve — motion carried (board vote)
- Case 046, Penny’s Place (Blackhawk, Milby Township): motion to deny — motion carried (board vote)
- Case 048, Lucky 7 Bistro (Addison Township): motion to approve — motion carried (board vote)
The board said applicants seeking to challenge a decision should consult staff about administrative remedies before pursuing court action.