Planning & Zoning Commission
Regular MeetingDeKalb, IL · November 7, 2022
Minutes
Planning and Zoning Commission
November 7, 2022
Page 1 of 4
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
November 7, 2022
The Planning and Zoning Commission held a meeting on November 7, 2022, at the DeKalb Public
Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Max
Maxwell called the meeting to order at 6:00 PM.
A. ROLL CALL
Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission
members present were: Steve Becker, Trixy O’Flaherty, Maria Pena-Graham, Shannon
Stoker, Jerry Wright, Bill McMahon, and Chair Max Maxwell. Planning Director Dan Olson
was present representing the City of DeKalb.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Maxwell requested a motion to approve the November 7, 2022, agenda as
presented. Mr. McMahon motioned to approve the agenda as presented. Mr. Wright
seconded the motion, and the motion was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. October 17, 2022 – Chair Maxwell requested a motion to approve the October 17,
2022, minutes as presented. Mr. Becker motioned to approve the minutes as
presented. Ms. O’Flaherty seconded the motion, and the motion was approved by
unanimous voice vote.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None
E. NEW BUSINESS
1. Public Hearing – A petition by Chris and Laura Manski, represented by Mark Doherty,
for a special use permit to allow the resubdivision of a “TFR” Two Family Residential
zoned lot into two single-family attached lots in accordance with Article 5.03.06 of the
Unified Development Ordinance for the site located at 202-204 Chamberlain Drive.
Maria-Pena Graham recused herself for this hearing due to a conflict of interest and
she left the room at 6:02 p.m.
Mark Doherty, attorney for the owners of the property, described the property as two
separate units, on one parcel, that were used as rental properties. Mr. Doherty
explained the owners are looking to separate the parcels for the purpose of selling the
204 Chamberlain Dr. unit. He stated he has been working with the City on the request
to ensure all concerns are addressed.
Planning and Zoning Commission
November 7, 2022
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Planning Director Olson went over the staff report dated November 3, 2022, and
explained the subject site consists of a duplex on one lot and the owners are looking
to separate it into two lots. Mr. Olson stated a minor subdivision plat has been
submitted for this special use permit and it shows lot one being 4,300 sq. ft. and lot
two being 3,990 sq. ft. which meet the UDO criteria. He stressed each lot needs to
have its own separate utilities which is currently being worked out with KWRD and the
establishment of a sanitary easement.
Mr. Olson told the Commission the Declaration of Cross Easements and Party Wall
Agreement required in the UDO was reviewed by the City Attorney and met his
approval. He added there have been a few of these requests in the past. Mr. Olson
said the findings of fact have been met for the petition. He noted the one public
comment received was from George Christensen and Lori Jones of 205-207
Chamberlain Drive who expressed their support for the request. Mr. Olson said an
amended sample motion was prepared that added all staff comments be addressed
before the recording of the plat.
Chair Maxwell asked if there were any comments from the public in which there were
none.
Chair Maxwell asked if there were any questions or comments from the Commission
members.
Jerry Wright asked Planning Director Olson if any of the previous similar requests have
led to any problems or concerns. Mr. Olson responded the last request was
approximately three years ago and there have been no issues brought to his attention.
Jerry Wright inquired on the purpose of splitting the lot. Mark Doherty replied the
reasoning is for selling the property, the owners are currently under contract for one
lot and may look to sell the newly created lot in the future.
Mr. McMahon stated that based upon the submitted petition, testimony presented and
findings of fact, the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of a special use permit to allow the
Resubdivision of a “TFR” Two-Family Residential Zoned Lot into Two Single-Family
Attached Lots in Accordance with Article 5.03.06 of the UDO for the property located
at 202-204 Chamberlain Dr. and approval of the Final Plat of the Manski Subdivision
labeled as Exhibit A subject to all staff comments being addressed prior to the
recording of the plat.
Ms. O’Flaherty seconded the motion.
A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Stoker– Yes,
Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes. Maria Pena-Graham
recused herself from the vote. Motion passed 6-0 with 1 recusal.
Maria Pena-Graham returned to the meeting room at 6:09 p.m.
Planning and Zoning Commission
November 7, 2022
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2. Public Hearing – A petition by DINA 5 Inc. d/b/a Smoker’s Choice represented by
Omar Younis for approval of a special use permit for a retail tobacco store at 1180 W.
Lincoln Highway.
Omar Younis, representing DINA 5 Inc., spoke on the request for a special use permit
for a retail tobacco store and stated the petitioner is a small family operated business
that currently owns other tobacco shops in Kentucky, Indiana, and Missouri. Mr.
Younis stated DINA 5 Inc. is currently under lease for the subject property and only
tobacco items would be sold at this location if the special use permit is granted.
Planning Director Olson covered the staff report dated November 3, 2022. He
described the proposed request for a retail tobacco store at 1180 W. Lincoln Highway,
which has been used by multiple restaurants in the previous years but has been vacant
now for about a year. He added the UDO has a definition for retail tobacco stores
which is 30% or more of the revenue from tobacco related products or 25% or more of
the floor area being dedicated to tobacco products and accessories which is the case
with this proposal.
Mr. Olson explained the proposal meets the setback requirements in the UDO for retail
tobacco stores and the Municipal Code (Chapter 64) requirement they must be in
freestanding buildings. He stated there is a drive-thru along the east side of the
building that will not be used and is recommend as a condition to the issuance of the
special use permit. He added if an expansion to the building is needed, the applicant
will have to come before the Commission for a hearing. Mr. Olson explained there is
adequate parking and there are no site changes proposed.
Planning Director Olson stated one public response was received from Sang Woo of
1127 W. Lincoln Highway (Popeye’s Chicken Property) indicating they do not support
the request with no additional information provided.
Chair Maxwell asked if there were any comments from the public in which there were
none.
Chair Maxwell asked if there were any comments from the Commission members.
Steve Becker asked if 1,800 sq. ft. is typical of their other tobacco store locations. The
owner of DINA 5 Inc. stated they have locations that are 5,000 sq. ft., 2,800 sq. ft.,
2,300 sq. ft., and 2,200 sq. ft.
Steve Becker asked if there was a need to expand this location in which the response
from the owner was no.
Max Maxwell questioned the reasoning for a free-standing building for tobacco shops.
Mr. Olson responded that was put into place before he started with the City and he
thinks the reasoning may be due to the potential sharing of ventilation systems in a
multi-tenant building.
Jerry Wright inquired on the percentage of the business being involved with vapes.
DINA 5 Inc. representative said vapes, CBD, Delta 8’s, cigars, hookah tobacco, and
Planning and Zoning Commission
November 7, 2022
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loose tobacco are sold at their locations. Mr. Younis added about 20% of the sales are
sales of vape products. He added there will be sales of cigars and accessories as well.
Bill McMahon questioned how many employees would be working at this location. The
owner of DINA 5 Inc. stated they will start with one or two employees and see how the
business goes and maybe add two to three employees per shift.
Max Maxwell inquired on the hours of operation. DINA 5 Inc. responded it depends on
the City but should be approximately 10:00 am to 11:00 pm.
Shannon Stoker expressed her appreciation for something new coming to this building
and added it has included many restaurants that never seem to stay long.
Mr. Becker stated based upon the submitted petition, testimony presented and findings
of fact, the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of a special use permit for a retail tobacco
store at 1180 W. Lincoln Highway as shown on Exhibit A and subject to the following:
1. The existing drive-through on the east side of the building shall not be used in the
operation of the special use.
2. There shall be no smoking in the existing building on the site.
3. The existing building shall not be expanded without an amendment to the special
use permit.
Ms. Stoker seconded the motion.
A roll call vote was taken. Mr. Becker – Yes, Ms. O’Flaherty – Yes, Ms. Pena-Graham
– No, Ms. Stoker – Yes, Mr. Wright – Yes, Mr. McMahon – Yes, Chair Maxwell - Yes.
Motion passed 6-1.
F. REPORTS
Planning Director Olson informed the Commission the next meeting is November 21
at the Police Department. He noted one public hearing is currently scheduled, which
is for the rezoning of 145 Fisk Avenue and approval of a Preliminary Plan. Mr. Olson
informed the Commission the Plat for the County Nursing Home and the esports café
special use at 901 Lucinda Ave. were approved at the last City Council meeting. He
added there will be a variance hearing in December for the Shell Station 175 W.
Lincoln Highway due to the applicant not obtaining a building permit within six months
after approval.
G. ADJOURNMENT
Mr. Wright motioned to adjourn, Ms. O’Flaherty seconded the motion, and the motion
was approved by unanimous voice vote. The Planning and Zoning Commission
Meeting adjourned at 6:24 PM.
Minutes prepared by: Stephanie Turner Approved: November 21, 2022
Agenda
DEKALB PLANNING AND ZONING COMMISSION AGENDA
Monday, November 7, 2022
6:00 P.M.
DeKalb Public Library
Yusunas Meeting Room
309 Oak Street
DeKalb, IL 60115
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. APPROVAL OF MINUTES
1. October 17, 2022
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
E. NEW BUSINESS
1. Public Hearing – A petition by Chris and Laura Manski, represented by Mark Doherty, for a special use
permit to allow the resubdivision of a “TFR” Two Family Residential zoned lot into two single-family
attached lots in accordance with Article 5.03.06 of the Unified Development Ordinance for the site located
at 202-204 Chamberlain Drive.
2. Public Hearing – A petition by DINA 5 Inc. d/b/a Smoker’s Choice represented by Omar Younis for
approval of a special use permit for a retail tobacco store at 1180 W. Lincoln Highway.
F. REPORTS
G. ADJOURNMENT
COVID-19 Notice: The corporate authorities of the City of DeKalb intend to conduct this meeting in-person with a physically present
quorum that is open to the public and in compliance with all applicable public health requirements. Pursuant to current public
health guidelines, persons attending this meeting are not required to wear protective face masks/coverings.
Planning and Zoning Commission
October 17, 2022
Page 1 of 4
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
October 17, 2022
The Planning and Zoning Commission held a meeting on October 17, 2022, at the DeKalb Public
Library in the Yusunas Meeting Room located at 309 Oak Street, DeKalb, Illinois. Chair Max
Maxwell called the meeting to order at 6:00 PM.
A. ROLL CALL
Recording Secretary Stephanie Turner called the roll. Planning and Zoning Commission
members present were: Trixy O’Flaherty, Maria Pena-Graham, Bill McMahon, and Chair
Max Maxwell. Steve Becker, Shannon Stoker, and Jerry Wright were absent. Planning
Director Dan Olson was present representing the City of DeKalb.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Maxwell requested a motion to approve the October 17, 2022, agenda as presented.
Ms. O’Flaherty motioned to approve the agenda as presented. Mr. McMahon seconded
the motion, and the motion was approved by unanimous voice vote.
C. APPROVAL OF MINUTES
1. October 3, 2022 – Chair Maxwell requested a motion to approve the October 3, 2022,
minutes as presented. Mr. McMahon motioned to approve the minutes as presented.
Ms. Pena-Graham seconded the motion, and the motion was approved by unanimous
voice vote.
D. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None
E. NEW BUSINESS
1. Public Hearing – Application for approval of a Preliminary and Final Plat for the
DeKalb County Nursing Home Subdivision and approval of an amendment to
Ordinance 2019-003 to amend the interior lot line setbacks between the DeKalb
County Nursing Home and DeKalb County Health Department located at 2550 and
2600 N. Annie Glidden Road (DeKalb County).
Derek Hiland, Community Development Director, and Assistant County Administrator
for DeKalb County explained the County and the DeKalb County Board have been
exploring options as to what can be done with the DeKalb County Rehab and Nursing
Center. Mr. Hiland stated the County Board has a letter of intent to sell the Nursing
Home property. He explained the subject building is attached to the DeKalb County
Health Department by a hallway corridor which leads to a meeting room.
Planning and Zoning Commission
October 17, 2022
Page 2 of 4
Mr. Hiland stressed the reasoning behind the sale of the property is a monthly deficit
on average of $350,000 which is at the expense of taxpayers. He discussed meetings
were held between the City of DeKalb, DeKalb Fire Department, and the County on
how to separate the building for sale purposes. Mr. Hiland added talks with the Nursing
Home Staff and County Maintenance Staff led to the dividing line as shown on the
Plat. He added the line reflects who is responsible for maintenance. He informed the
Commission that Civil Engineers were hired to draw the Preliminary and Final Plats,
which are presented to the Commission for review.
Planning Director Olson went over the staff report dated October 13, 2022, and
explained the County is looking to create a lot to separate the Nursing Home from the
rest of the campus so it can be sold. Mr. Olson stated the County filed a Preliminary
and Final Plat to create a separate lot and establish the necessary easements. He
added with a lot line going through the building, the interior side yard setback must be
eliminated which is why there is an amendment to Ordinance 2019-003.
Mr. Olson told the Commission this request was reviewed by City Staff with comments
relating to a few easements that need to be established including one that will cover
the bike path on the north side of the site. He stated the easements would have to be
addressed prior to the recording of the Final Plat. Mr. Olson spoke on the one public
response on the matter, which noted support for the project. He added it was from the
Gordon and Patricia Wicklund Trust, which is the owner of four acres southwest of the
subject site. Mr. Olson reported the City recommends approval of this request.
Chair Maxwell asked if there were any comments from the public in which there were
none.
Chair Maxwell asked if there were any questions from the Commission members.
Trixy O’Flaherty inquired if there was going to be an invisible line for the lot line or if
there would be physical objects to show the line. Mr. Hiland said the line that separates
the two structures is truly invisible. He added it is based off how maintenance has been
handled for the last 20 years.
Max Maxwell asked if the utilities were divided between the two buildings. Derek Hiland
responded it’s a complicated matter with some systems being shared. Mr. Hiland
informed the Commission this will all be addressed in the contract for the purchase of
the building.
Bill McMahon questioned if parking between Lots 1 and 2 will be sufficient when the
split of the ownership takes place. Mr. Hiland replied there would be adequate parking
for both buildings. Mr. Olson noted parking was looked at when an addition was
approved to the Nursing Home in 2019.
Mr. McMahon stated that based upon the submitted petition and testimony presented,
the Planning and Zoning Commission recommend to the City Council approval of the
Preliminary Plat of the DeKalb County Nursing Home Subdivision dated 8-27-22 and
the Final Plat of the DeKalb County Nursing Home Subdivision dated 9-8-22 labeled
Planning and Zoning Commission
October 17, 2022
Page 3 of 4
as Exhibit A and an amendment to Ordinance 2019-003 to remove the interior lot line
setbacks between Lots 1 and 2 for the property located at 2550 and 2600 N. Annie
Glidden Rd. and any other amendments to allow for the sale of the Nursing Home
property, subject to staff comments related to easements being addressed on the Final
Plat prior to recording.
Ms. O’Flaherty seconded the motion.
A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Mr.
McMahon – Yes, Chair Maxwell - Yes. Steve Becker, Shannon Stoker, and Jerry
Wright were absent. Motion passed 4-0-3.
2. Public Hearing – A petition by 4Willz LLC represented by William Williams for
approval of a special use permit for an amusement establishment (cyber and esports
café) for 901 Lucinda Ave., tenant space E.
William Williams, representing 4Willz LLC, spoke on his request for a special use
permit for an amusement establishment to operate a cyber and esports café at the
subject site. He said the café will offer non-alcoholic beverages and snacks and will
not negatively affect any nearby land uses or property values. Mr. Williams explained
the goal is to open on January 1, 2023 with esports being a form of competition using
video games which has been increasingly popular with over 1 billion dollars in revenue.
Mr. Williams added he graduated from NIU with a computer science and
business/operations degrees. He said video games can transform many things and
are a source to reach out to younger individuals to get them involved with STEM. Mr.
Williams stated he feels the use will be a benefit to the community.
Planning Director Olson covered the staff report dated October 13, 2022, and
described the proposed request for a cyber and esports café at 901 Lucinda Ave.
which is zoned “LC”, Light Commercial District. He mentioned this type of use is not
listed in the Light Commercial District but “amusement establishments” such as
bowling alleys and arcades are listed as a special use, so this seemed to be the closest
fit.
Mr. Olson stated there will be 30-40 computers and gaming consoles and a floor plan
was provided by the applicant. Planning Director Olson noted the hours of operation
will be 6:00 p.m. to 2:00 a.m. Thursday and Friday’s, 10:00 a.m. to 2:00 a.m. on
Saturday’s, and 11:00 a.m. to 11:00 p.m. on Sunday’s. He added Monday through
Wednesday will be reserved for appointments, tournaments, and special events. He
said there is adequate parking to the north and east of the building.
Mr. Olson explained the request meets the special use standards and is a good use
of the location and will be a benefit to the other businesses located in the area. He
stated the City recommends approval of this petition.
Chair Maxwell asked if there were any comments from the public in which there were
none.
Planning and Zoning Commission
October 17, 2022
Page 4 of 4
Chair Maxwell asked if there were any questions from the Commission members.
Bill McMahon asked about the number of employees that would be employed when
they open. Mr. Williams responded it will just be him and his family to start, but as
business picks up an additional 2-6 employees may be hired.
Max Maxwell indicated he thought the use was a good idea and wonderful use of the
proposed tenant space.
Ms. O’Flaherty stated based upon the submitted petition, testimony presented and
findings of fact, the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of a special use permit for an amusement
establishment (cyber and esports café) at 901 Lucinda Ave in tenant space 901-E as
shown on Exhibit A of the staff report.
Ms. Pena-Graham seconded the motion.
A roll call vote was taken. Ms. O’Flaherty – Yes, Ms. Pena-Graham – Yes, Mr.
McMahon – Yes, Chair Maxwell - Yes. Steve Becker, Shannon Stoker, and Jerry
Wright were absent. Motion passed 4-0-3.
F. REPORTS
Planning Director Olson informed the Commission the next meeting is November 7.
He noted one public hearing is currently scheduled, which is a special use permit for
202-204 Chamberlain Dr. with another hearing likely. Mr. Olson informed the
Commission the Plat for Park 88 was approved at the last Council meeting. Mr. Olson
spoke on taking part in the DeKalb County Regional Planning Commission meeting
next Thursday (27th) in which he will be presenting the City’s Comprehensive Plan.
G. ADJOURNMENT
Mr. McMahon motioned to adjourn, Ms. O’Flaherty seconded the motion, and the
motion was approved by unanimous voice vote. The Planning and Zoning Commission
Meeting adjourned at 6:25 PM.
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
November 3, 2022
TO: DeKalb Planning and Zoning Commission
FROM: Dan Olson, Planning Director
RE: Special Use Permit to Allow the Resubdivision of a “TFR” Two Family
Residential Zoned Lot into Two Single-Family Attached Lots and Approval
of the Final Plat of Manski Subdivision Located 202-204 Chamberlain Dr.
(Chris and Laura Manski)
I. GENERAL INFORMATION
A. Purpose Approval of a Special Use Permit to allow the
resubdivision of a “TFR” zoned lot into two
single-family attached lots.
B. Location/Size 202-204 Chamberlain Dr./.19 acres
C. Petitioner Chris and Laura Manski, represented by Mark
Doherty
D. Existing Zoning “TFR” Two-Family Residential District
E. Existing Land Use Two Family Attached Dwelling Unit (Duplex)
F. Surrounding Zoning and Land Use North: “TFR”; Duplex
South: “TFR” and “MFR1”; Duplex and
Apartments
East: “TFR”; Duplex
West: “SFR2”, Single-Family Residential
G. Comprehensive Plan Designation Medium Density Residential
II. BACKGROUND AND ANALYSIS
The applicant is requesting approval of a special use permit and an accompanying final
plat to resubdivide a two-family (duplex) lot at 202-204 Chamberlain Dr. into two single-
family-attached (zero-lot-line) lots. The property is zoned “TFR” Two Family Residential
District and is 8,291 square feet (.19 acres). The applicant proposes to resubdivide the
property along the common wall of an existing two-family (duplex) residential structure
constructed in the 1970’s. The resubdivision would create two lots, with one residential
unit on each of the new lots. Lot 1 would be 4,300 sq. ft. and Lot 2 would be 3,990 sq.
ft. The resulting resubdivision would allow each of the units and the lots on which they
are located to be owned or sold individually.
In the “TFR” District, the UDO (Article 5.03.06) has several criteria for the proposed type
of resubdivision. Each new lot must be at least 3,500 sq. ft. and a minimum lot width of
25 feet is required. The interior lot line setback is removed to accommodate the new lot
line going down the common wall. A declaration of cross easements and common wall
agreement is required to be submitted, which covers the maintenance, responsibilities,
and liability of the common wall between the two units.
The proposed lots meet the 25-foot minimum lot width and the 3,500 square-foot
minimum lot size requirements. The applicant has provided a Declaration of Cross
Easements and Party Wall Agreement, which will be recorded with the final plat and would
govern the maintenance of and liability for the common wall shared by the two units. The
City Attorney has reviewed the Agreement and meets with his approval. The City has
approved 11 similar special use requests in the “TFR” Two- Family Residential District
since 2001. The TFR and MFR1 Districts were amended in 1994 to allow this special use
permit process.
The UDO also requires that each dwelling unit must be serviced with its own water line,
sanitary sewer line, sump pump line and all other utility lines and extensions. The two-
family unit on the subject property is served by separate water services extending from
the water main located along Chamberlain Dr. A separate sanitary service will have to
be added and the applicant has been in contact with the Kishwaukee Water Reclamation
District.
III. STANDARDS OF A SPECIAL USE
1. The proposed special use complies with all provisions of the applicable
district regulations.
The proposed special will comply with all regulations of the “TFR” Two Family Residential
District and the Unified Development Ordinance (UDO). The proposed resubdivision
would create two lots that will meet the 25-foot minimum lot width and the 3,500 square-
foot minimum lot size requirements in the “TFR” District. Only one dwelling unit will be
located on each lot, and the structure complies with the setback requirements for “TFR”
District.
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2. The proposed special use will not be unreasonably detrimental to the value
of other property in the neighborhood in which it is to be located or to the public
welfare at large.
The proposed special use will not have a detrimental effect on the adjacent properties or
land uses. The site has been zoned “TFR” Two-Family Residential since the 1970’s. The
proposed use is compatible with the residential uses found in the surrounding neighboring
and there are other duplexes along Chamberlain Dr. The proposed resubdivision will not
have a negative impact on the adjacent properties’ values. In addition, the proposed
special use meets the recommendations of the City’s 2022 Comprehensive Plan.
3. The location and size of the special use, the nature and intensity of the
operation involved in or conducted in connection with it, and the location of the
site with respect to streets giving access to it are such that the special use will not
dominate the immediate neighborhood so as to prevent development and use of
neighboring property in accordance with the applicable zoning district regulations.
The granting of the special use will not dominate the immediate area and will not prevent
development on the neighboring properties. The existing structure is in scale with the
surrounding neighborhood, which includes a mix of single-family, two-family and multi-
family residential structures. No changes to the existing structure will result from the
approval of the special use permit or the accompanying final plat.
4. Adequate utility, drainage and other such necessary facilities have been or
will be provided.
The UDO requires that each dwelling unit must be serviced with its own water line,
sanitary sewer line, sump pump line and all other utility lines and extensions. The two-
family unit is served by separate water services extending from the water main located
along Chamberlain Dr. A separate sanitary line will be added to the second unit.
5. The proposed use, where such developments and uses are deemed
consistent with good planning practice, or can be operated in a manner that is not
detrimental to the permitted developments and uses in the district; can be
developed and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; shall in all other respects conform to the applicable
regulations of the district in which it is located; and is deemed essential or
desirable to preserve and promote the public health, safety and general welfare of
the City of DeKalb.
The proposed special use will not be detrimental to the permitted developments and uses
on the site or to the surrounding area. It is in the public’s interest to provide a variety of
housing types to meet the needs of DeKalb’s citizens. The approval of the special use
permit would positively affect the health, safety and welfare of the citizens of DeKalb as
it would allow the ownership and occupancy of each separate unit, which is generally
accepted as a having a positive influence on the community.
Page |3
IV. CITIZEN RESPONSE/COMMENTS
The City received a Public Response Form from George Christensen and Lori Jones of
205-207 Chamberlain Dr. noting support for the request. A copy is provided in the
Commission’s background materials.
V. RECOMMENDATION
The staff recommends approval, and a sample motion is below.
Sample Motion – Special Use Permit:
Based upon the submitted petition, testimony presented and findings of fact, I move the
Planning and Zoning Commission forward its findings of fact and recommend to the City
Council approval of a special use permit to allow the Resubdivision of a “TFR” Two-Family
Residential Zoned Lot into Two Single-Family Attached Lots in Accordance with Article
5.03.06 of the UDO for the property located at 202-204 Chamberlain Dr. and approval of
the Final Plat of the Manski Subdivision labeled as Exhibit A.
Page |4
EXHIBIT A
LEGAL NOTICE
NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning
Commission at its regular meeting on Monday, November 7, 2022, at 6:00 p.m. in the Yusunas
Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by Chris
and Laura Manski, represented by Mark Doherty, for a special use permit to allow the
resubdivision of a “TFR” Two Family Residential zoned lot into two single-family attached lots
in accordance with Article 5.03.06 of the Unified Development Ordinance. The subject property
is located at 202-204 Chamberlain Drive, DeKalb, IL, has a Parcel Identification Number (PIN) of
08-27-279-034 and is zoned “TFR” Two Family Residential District.
All interested persons are invited to appear and be heard at the time and place listed above.
Interested persons are also encouraged to submit written comments on the proposal to the City of
DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115
by 12:00 p.m. on Monday, November 7, 2022, or by e-mail to dan.olson@cityofdekalb.com.
Further information regarding the petition is available from the Community Development
Department at (815) 748-2361 or on the City of DeKalb’s web page at
https://www.cityofdekalb.com/1103/Public-Hearings.
Max Maxwell, Chair
DeKalb Planning and Zoning Commission
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
November 3, 2022
TO: DeKalb Planning and Zoning Commission
FROM: Dan Olson, Planning Director
RE: Special Use Permit for a Retail Tobacco Store at 1180 W. Lincoln
Highway (DINA 5 Inc d/b/a Smoker’s Choice represented by Omar
Younis)
I. GENERAL INFORMATION
A. Purpose Establishment of a Retail Tobacco Store
B. Location/Size 1180 W. Lincoln Highway/.72 acres
C. Petitioner DINA 5 Inc d/b/a Smoker’s Choice
represented by Omar Younis
D. Existing Zoning “LC” Light Commercial District
E. Existing Land Use Vacant commercial building
F. Surrounding Zoning and Land Use North: “GC”; Restaurants, NIU Parking Lot,
South: “PD-R and SFR1”; RR, Multi-Family
East: “LC”; Vacant Commercial Property,
Multi-Family Residential
West: “LC”, Restaurant, Hotel
G. Comprehensive Plan Designation Commercial
II. BACKGROUND AND ANALYSIS
The petitioner, DINA 5 Inc d/b/a Smoker’s Choice, represented by Omar Younis, is
requesting approval of a special use permit for a retail tobacco store to be located in the
building at 1180 W. Lincoln Highway. The petitioner has signed a lease for the building,
which is approximately 1,800 sq. ft. The .72-acre site is zoned “LC” Light Commercial
District. The building most recently contained the Beef Shack Restaurant, which closed
initially in early 2020, re-opened in the summer of 2020 and closed again in late 2021.
In 2015 the City amended the Unified Development Ordinance (UDO) to create
regulations for retail tobacco stores. They are defined as a business that either has 30%
or more of its revenue or more than 25% of its floor area devoted to tobacco products and
accessories. Retail tobacco stores are a special use in the CBD, LC, GC, ORI, LI, and
HI Districts. They are required to be setback at least 200 feet from a residentially zoned
property or a parcel occupied by a public or private school (K-12). In addition, no retail
tobacco store can be located within 200 feet of another retail tobacco store. Finally,
Chapter 64 “Smoking Regulations” of the Municipal Code has a requirement that a retail
tobacco store must be in a freestanding building that does not have any other tenants. At
that time of the UDO amendment in 2015 there were three existing retail tobacco stores
licensed in the City. Lucky’s Tobacco located at 110 E. Hillcrest Dr. and The Smoke Shop
at 818 W. Lincoln Highway. Both pre-date the Ordinance change in 2015 and are
considered legal non-conforming uses. The Hookah Bar (Aromas) located 811 W. Lincoln
Highway was established prior to 2015 also, but recently closed. The proposed location
of the retail tobacco store at 1180 W. Lincoln Hwy. meets the setback regulations in the
UDO and the freestanding building requirement in the Municipal Code.
The attorney for the petitioner indicates in their summary letter the applicant has over 10
years of experience operating clean, safe and reliable tobacco shops. The building will
not be altered in conjunction with the proposed use. The drive-through of the former
restaurant will not be used as part of the retail tobacco store. In addition, there will be no
smoking in the establishment. Conditions are suggested in the recommendation that will
prohibit the use of the drive-through, ban smoking in the building and not allow an
expansion of the building without an amendment to the special use permit.
A retail tobacco store requires one parking space for every 250 sq. ft. of floor area. The
building is approximately 1,800 sq. ft. which equates to seven required parking spaces.
There are 23 parking spaces on the site and one handicap space. Landscaping was
added along W. Lincoln Highway a few years ago in relation to site modifications by the
owner and there is a dumpster corral already on the property.
III. STANDARDS OF A SPECIAL USE
1. The proposed special use complies with all provisions of the applicable
district regulations.
The proposed special will comply with all regulations of the “LC” Light Commercial District
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and Article 7.17 “Retail Sale of Tobacco and Related Products” of the Unified
Development Ordinance (UDO). The proposed special use will also comply with Chapter
64 “Smoking Regulations” of the Municipal Code.
2. The proposed special use will not be unreasonably detrimental to the value
of other property in the neighborhood in which it is to be located or to the public
welfare at large.
The proposed special use will not have a detrimental effect on the adjacent properties or
land uses. The site has been zoned “LC” Light Commercial for decades. The existing
building on site has contained mostly restaurants in the past. There is a variety of
commercial uses along W. Lincoln Highway that are compatible with the proposed special
use. In addition, the proposed use meets the recommendations of the City’s 2022
Comprehensive Plan. Conditions are suggested in the recommendation that will prohibit
the use of the drive-through, ban smoking in the building and not allow an expansion of
the building without an amendment to the special use permit.
3. The location and size of the special use, the nature and intensity of the
operation involved in or conducted in connection with it, and the location of the
site with respect to streets giving access to it are such that the special use will not
dominate the immediate neighborhood so as to prevent development and use of
neighboring property in accordance with the applicable zoning district regulations.
The granting of the special use will not dominate the immediate area and will not prevent
development on the neighboring properties. Much of the area is already developed with
commercial uses and some multi-family housing.
4. Adequate utility, drainage and other such necessary facilities have been or
will be provided.
Adequate public services are already provided to the subject site. There is adequate
parking on-site for the proposed special use.
5. The proposed use, where such developments and uses are deemed
consistent with good planning practice, or can be operated in a manner that is not
detrimental to the permitted developments and uses in the district; can be
developed and operated in a manner that is visually compatible with the permitted
uses in the surrounding area; shall in all other respects conform to the applicable
regulations of the district in which it is located; and is deemed essential or
desirable to preserve and promote the public health, safety and general welfare of
the City of DeKalb.
The proposed special use will not be detrimental to the permitted uses in the LC District.
The proposed special use will be in compliance with the 2022 Comprehensive Plan, UDO
and Municipal Code. Adequate parking is provided on the site. Conditions are suggested
in the recommendation that will prohibit the use of the drive-through, ban smoking in the
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building and not allow an expansion of the building without an amendment to the special
use permit.
IV. CITIZEN RESPONSE/COMMENTS
The City received a Public Response Form from Sang Woo, owner of 1127 W. Lincoln
Highway (Popeyes Louisiana Kitchen) indicating they do not support the request. No
reason or comments were provided on the Form.
V. RECOMMENDATION
The staff recommends approval, and a sample motion is below.
Sample Motion – Special Use Permit:
Based upon the submitted petition, testimony presented and findings of fact, I move the
Planning and Zoning Commission forward its findings of fact and recommend to the City
Council approval of a special use permit for a retail tobacco store at 1180 W. Lincoln
Highway as shown on Exhibit A and subject to the following:
1. The existing drive-through on the east side of the building shall not be used in the
operation of the special use.
2. There shall be no smoking in the existing building on the site.
3. The existing building shall not be expanded without an amendment to the special
use permit.
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EXHIBIT A
LEGAL NOTICE
NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and Zoning
Commission at its regular meeting on Monday, November 7, 2022, at 6:00 p.m. in the Yusunas
Meeting Room at the DeKalb Public Library, 309 Oak St., DeKalb, IL, on the petition by DINA 5
Inc d/b/a Smoker’s Choice represented by Omar Younis for approval of a special use permit for a
retail tobacco store at 1180 W. Lincoln Highway. The subject site has a Parcel Identification
Number (PIN) of 08-21-277-013 and is zoned “LC” Light Commercial District.
All interested persons are invited to appear and be heard at the time and place listed above.
Interested persons are also encouraged to submit written comments on the proposal to the City of
DeKalb, Community Development Department, 164 E. Lincoln Highway, DeKalb, Illinois, 60115
by 12:00 p.m. on Monday, November 7, 2022, or by e-mail to dan.olson@cityofdekalb.com.
Further information regarding the petition is available from the Community Development
Department at (815) 748-2361 or on the City of DeKalb’s web page at
https://www.cityofdekalb.com/1103/Public-Hearings.
Max Maxwell, Chair
DeKalb Planning and Zoning Commission