Permit for Libertyville grocery project expires

The construction permit for a planned upscale grocery store in Libertyville has expired and the village could take steps to have the partially built site on south Milwaukee Avenue cleared.

Whether or when that might happen is unknown at this point, as the developer says he is still pursuing a $10 million Fresh Foods store. It was originally planned to open last Thanksgiving.

"It's still in the works. That's all I can tell you," Lincolnwood developer Dean Theo said Wednesday. "For right now, it's pretty intense and there's a lot of money in play."

The structural steel shell has been erected but no work has been done for months. Village officials notified Theo on Monday that the permit has expired. Theo missed a June 1 deadline to produce a $10,000 building bond and proof of contractors' license, insurance and other information.

"We give them this week to see what happens, then we turn it over to the legal department. We have a job site with no work going on," said John Spoden, the village's director of community development.

Village officials and the public have been excited about the project at 1600 S. Milwaukee Ave., the highly visible address of the former Frank's Nursery and Crafts.

The Libertyville store would be the first in the Chicago area. It is modeled after Texas-based Central Market, which features a mix of gourmet, natural and organic foods and other customer-friendly amenities.

Because of that, village officials have been patient. They appear to be willing to wait a longer but the leash will be short.

"If he (Theo) comes in and shows he's in the process and working on it, I'm sure we'll be understanding," Mayor Jeff Harger said. "If this is going to be six to eight months of 'Maybe', we need this thing addressed now."

Libertyville Attorney Terry Weppler represents the venture.

"They're working diligently in an attempt to regain financing," he said. "All those things that are hurting everyone in the economy have hurt them."

Weppler estimated the situation could be resolved in 45 to 60 days.

Since the permit has expired, Theo technically has to restore the site to its original condition. But the village board could give some leeway. In any case, he will need to reapply for a construction permit and submit the proper documentation.

The village continues to receive calls about the project.

"This was supposed to be a different type of service," Spoden said. "People were excited. They still are."