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Concur with the Zoning Board of Appeals and Adopt an Ordinance Approving a Special Use Permit for 427 Madison LLC, to Construct Four (4) Townhomes at 427 Madison Street
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Introduction
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The Petitioner, 427 Madison LLC, owner of the property located at 427 Madison Street, submitted an application for a special use permit with the Zoning Board of Appeals. The Petitioner requests that the Village grant a special use permit for the construction a four (4) unit, 3-story plus penthouse townhouse development within the MS Madison Street Zoning District. As part of the redevelopment of the property, the Petitioner was granted two (2) variances by the ZBA for: 1) a reduction of the rear yard setback from a required 25’ to 18’-7.5”, inclusive of the alley, along the west lot line and 2) an increase in height from a required 35 feet to 40 feet. If the Village Board chooses to deny the special use application, the variances would become null and void.
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Recommended Action
Adopt the Ordinance
Prior Board Action
The Board has taken the following prior action(s):
• On September 9, 2025, the Village Board approved Ordinance 25-160, granting 427 Madison LLC an extension of time for the issuance of a building permit to December 18, 2025, to construct a six (6) unit townhome development at 427 Madison Street pursuant to Ordinance 24-129.
• On June 18, 2024, the Village Board approved Ordinance 24-129 granting a special use permit to 427 Madison LLC to construct a six (6) unit townhome development at 427 Madison Street.
Background
The Subject Property is a zoning lot approximately 52.40’ x 133.20’ located at the southwest corner of Madison Street and Elmwood Avenue. The lot is currently vacant. The site was formerly occupied by a gas station. The applicant is proposing to develop the lot with four (4) residential townhome units. The structures would be three stories plus a penthouse, consisting of a garage and family room at ground level, kitchen and living space on the second level, bedrooms on the third level, and a penthouse area with roof access on the fourth level. The garage level consists of two-stall spaces for each townhome. The garages would be accessed from a driveway along Madison Street, and there would be gates for pedestrian access from the east and west.
A previous special use application for six (6) townhomes, with three (3) requested variances, was approved by the Village Board in 2024, and an extension was later approved in 2025. The Applicant has now modified their proposed development to feature fewer units, and the requested relief has been modified to accommodate the new proposal.
An environmental indemnity agreement addressing compensation for remediation/cleanup within the Village right-of-way was approved in March 2025, when the previous six-unit development proposal was expected to proceed. The current special use request, if approved, shall be conditioned upon the Petitioner working with Village staff to amend the agreement as needed to accommodate any potential changes in the development’s ownership structure and future costs related to environmental remediation in the public right-of-way.
Timing Considerations
The special use permit will be valid for one year from Village Board approval. If no building permit has been issued within that year, the special use permit will become null and void.
Budget Impact
The cost of Public Notice was $196 from Account GL string (1001.46202.101.550652)
Staffing Impact
There is no staffing impact associated with this item.
DEI Impact
There is no DEI impact associated with this item.
Community Input
The Zoning Board of Appeal held a public hearing on November 12, 2025. No one testified in opposition to the requested special use permit. The ZBA finds that permitting the construction of the townhomes is consistent with the spirit and intent of the Zoning Ordinance, the adopted land use policies, and the Comprehensive Plan. The ZBA recommends to the Village President and Board of Trustees that the application be APPROVED by a 5 to 0 vote. The video of the public hearing can be seen by clicking the following link: <https://www.oak-park.us/your-government/citizen-commissions/commission-tv>
The Applicant agreed to the condition that the owner will work with Village staff within the Engineering Division to modify the environmental indemnity agreement as needed.
Staff Recommendation
Staff recommends approval of the Ordinance
Advantages:
• This action will result in the redevelopment of a long vacant property.
• Townhomes are often less expensive to purchase than detached homes in the same area.
• Exterior maintenance is often reduced or covered by HOA fees, saving homeowners time and money.
• Townhomes are a type of Missing Middle Housing providing housing opportunities for more household types and adding diversity to Oak Park’s housing stock.
Disadvantages:
• The proposed townhomes are not a mixed-use pedestrian-friendly use in line with the MS Madison Street Zoning District purpose statement.
• Townhomes share at least one wall with a neighbor, which can lead to a lack of privacy
• Limited Outdoor Space: Private outdoor areas like yards are often small and shared by neighbors.
Alternatives
Alternative 1:
The Village Board could deny the Ordinance.
Advantages:
• Retain the property in hopes of a more pedestrian-oriented, mixed-use development.
Disadvantages:
• The site would remain vacant and undeveloped.
• This action would not be in line with the Strategic Vision for Housing Plan.
Alternative 2:
The Board can remand the item back to the Plan Commission.
Advantages:
• This action would trigger further review and information from the Applicant, staff, and the public.
Disadvantages:
• This action can result in a delayed timeline for the project and potential loss of a redevelopment opportunity.
Anticipated Future Actions
There are no anticipated future actions in relation to this item.
Prepared By: Mike Bruce, Village Planner/Planning & Urban Design Manager
Reviewed By: Craig Failor, Development Services Director
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Ordinance
2. Attachment A
3. Staff Report
4. Application
5. Ordinance 25-160 ext of Ord. 24-129