Zoning Board of Appeals

May 23, 2013 ZONING BOARD OF APPEALS The meeting was called to order at 7:00 p.m. by Chairman Danny Nollman. Roll called, quorum declared. Rebecca Boyer Present Tim Price Present Don Rockwell Excused Toni Togias Present Roger Wigginton Present Steven Zimmerman Present Dan Nollman, Chairman Present Staff present: Emily Fultz JP Penet Brian Flynn Guests: see attached list Aldermen present: Alderman Hult, Alderman Schneider, Alderman Musgrove, Alderman Kinsella, Alderman Heisler Chairman Nollman asked for a motion to approve the minutes of April 25, 2013. Roger Wigginton made a motion to approve and seconded by Rebecca Boyer with all present members voting aye. Motion carried. All Zoning Board cases heard on this date will go to City Council for consideration on June 3, 2013. -------------------------------------------------------------------- CASE #28-MAY13 – PAT FLYNN/RICHARD LEHR – Requesting a Use variance in order to build a 1740 square foot structure at 2011 East A St. to be used as a facility to fabricate deck parts located in an A-2 Two Family Residential District. (Applicable portion of the zoning code: 60-6-18) Applicant, Richard Lehr, explained that he has modified the previous request that now states the proposed structure will be used to fabricate deck parts only; it will not be used for tire storage. He stated that all of his tires have been consolidated so he no longer needs the extra storage. There will not be deck parts stored outside or used for advertisement, there will be no signage on the property. The applicant stated he will run heating and cooling in the structure if the Board wishes. Roger Wigginton spoke on the possibility of noise nuisance; the applicant stated that Belleville Fence is quite loud already, but they have always been good neighbors and he didn’t complain to the city when they allowed Belleville Fence to erect the large building last year. He spoke on the many business’s that surround his home and stated that it is a mixed use neighborhood and it has been for over thirty years. The applicant will be erecting a privacy fence. Toni Togias asked why the applicant was moving the business to the residence, the applicant answered, economics. JP Penet, Asst. Fire Chief, spoke in favor of the request as long as the tire storage has been removed from the request and they are compliant with all City Codes. The following people spoke in opposition of the request: Jim Roach, 2007 E. A St, Austin Hayden, 2010 E. B St, Mike Hagberg, 701 Centreville Ave. Aldermen Kinsella and Heisler had concerns with the creek flooding issues and the fact that it is in an A-2 Two family residential zoning district. Alderman Hult asked for the business hours. Alderman Schneider asked for the height of the building. The applicant stated that they would be operating approximately between 7:00am and stop around 4:00pm or 5:00pm and the building will be approximately 15 ft high. The applicant noted that there has always been an issue with the creek flooding for thirty five years. He stated that the city allowed Belleville Fence to build the very large building right next to his home last year without it going to the Zoning Board. Ms. Fultz discussed the City Codes regarding building and construction and that there would be inspections completed on the proposed structure. The applicant discussed the tools used to build the decks. JP Penet discussed the Fire Code for new structures. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Steve Zimmerman made a motion to DENY the request and seconded by Rebecca Boyer, with all members present voting aye. Motion carried. ~1~ CASE #29-MAY13 – MATHIS, MARIFAN, RICHTER – A Sign Installation permit for the Area of Special Control in order to install one flush mounted, indirectly illuminated sign totaling approximately 85 square feet, at 23 Public Square, in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-50.) Kurt Schroeder, co-owner of 23 Public Square, spoke as a representative for the applicant. He explained that the law firm has requested to install the new sign. It will be indirectly lit. Alderman Hult asked if other tenants of the building will be asking for signage as well. Ms. Fultz stated that there is a small sign that represents the other tenants and the applicants would have to make new requests for any additional signage. Since there were no further questions from the Board or Aldermen and no one in the audience to speak in favor or against the request, Chairman Nollman asked for a motion. Roger Wigginton made a motion to APPROVE the request and seconded by Rebecca Boyer, with all members present voting aye. Motion carried. CASE #30-MAY13 – TARA WAGNER – Requesting a Use Variance in order to operate a massage therapy business from 215 N. Delaware Ave. located in an A-1 Single Family Zoning District. (Applicable portion of the zoning code: 60-6-4) The applicant explained that she lives in Smithton, IL but owns the property at 215 N. Delaware and would like to utilize it for her massage therapy business. She explained her profession in detail. She stated that they do not owe any money on the home, only to pay the taxes but believes operating her business there would be better than having a vacant building. She stated that they have been trying to sell the home for a while. Roger Wigginton asked if she would continue to operate the business there if it became successful, the applicant answered, yes, but they would not be moving back in to live. She stated there would not be any signage advertising the business, it would be by appointment only and she explained her work hours to be around 9:00am to 8:00pm, she wants to be flexible with her time for her clients. She stated that she will take an hour break between each client. Chairman Nollman spoke on the possibility of hiring employees and parking, the applicant answered, yes, it is a possibility, she would be in favor of giving someone a job and her clients would be asked to park in her driveway. There was a brief discussion on the possibility of renting commercial space for her business. The following people spoke in favor of the request: David Feld, 1718 E. C St., Daryl Drennen, 609 Sycamore St. and Brandy Brown, 16 Kansas Ave. Chairman Nollman stated that nine letters of support were submitted to the Board. The following people spoke in opposition to the request: Rev. Arland Lester, 1806 E. C St., Angie Weilmuenster, 301 N. Delaware, Herman McKenzie, 1800 E. C St., Marvin Glaus, 1717 E. B St., Jackie Shepard, 1801 E. B St. Alderman Kinsella stated he is opposed to the request due to the property being in an A-1 single family residential district. Alderman Schneider spoke in favor of the request and discussed the parking and stated that it would not hurt if the city allowed the business to operate so the building is not sitting vacant. Alderman Heisler stated he is opposed to the request. Ms. Fultz stated the request is not for rezoning but a use variance on the property. Chairman Nollman read aloud a petition opposing the request with twenty five signatures and three letters of opposition. The applicant explained her profession again and asked for the petition to be stricken from the public record and wanted verification of the signatures on the petition. Brian Flynn explained the rules of evidence. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Roger Wigginton made a motion to DENY the request and seconded by Toni Togias, with all members present voting aye. Motion carried. CASE #31-MAY13 – RICKY RUHMAN – Requesting a Use Variance in order to place a mobile office on the property to be used as a car dealership at 8421 Old St. Louis Rd. located in an A-1 Single Family Zoning District. (Applicable portion of the zoning code: 60-6-4) The applicant explained that due to financial reasons he would like to use the mobile office that is presently on the property. He explained that a family member received the mobile office at a cheap price and thought it would suffice for an office even though the City Council had ordered him to build a structure on site. He stated that he is still paying off loans and would like an extension on building the office or be given the approval to use the mobile office permanently. The applicant spoke on the procedures of selling his cars. Ms. Fultz explained the ordinance that was given to the applicant in 2012. Chairman Nollman noted that the applicant was given the ordinance in October 2012 with stipulations and stated that the applicant is in violation now with the number of cars that are allowed on the lot and not building the permanent structure as instructed. The applicant stated that he can fit more than the previously submitted amount of cars on the lot. Alderman Hult asked for details concerning utilities. Ms. Richardson, owner of the property, stated that a Site Plan was submitted to the city in January showing the utility hook ups but they were waiting on the City Council decision before they connected the utilities. Alderman Schneider asked for clarification on permit procedures. Since there were no further questions from the Board or Aldermen and no one in the audience to speak in favor or against the request, Chairman Nollman asked for a motion. ~2~ Rebecca Boyer made a motion to DENY the request and seconded by Toni Togias, voting went as follows: Rebecca Boyer-aye, Tim Price-nay, Toni Togias-aye, Roger Wigginton-nay, Steve Zimmerman-nay, Chairman Nollman-aye. Motion does not carry; the case will go to council without a recommendation from the Zoning Board. CASE #32-MAY13 – MICHAEL GOEDDEL – Requesting a Use Variance in order to use the property at 909/911 Prairie as a two family dwelling, located in an A-1 Single Family Zoning District. (Applicable portion of the zoning code: 60-6-4) The applicant explained that he inherited the property with the passing of his father. He has done some improvements and will continue to do so as the property manager. Alderman Schneider stated that she approves of the request because the vacant homes in Belleville need to be filled. Barbara Woods, 126 Cindy Ln., spoke in approval of the request and explained the upgrades and improvements that have been completed to the property. Since there were no further questions from the Board or Aldermen and no one in the audience to speak in favor or against the request, Chairman Nollman asked for a motion. Roger Wigginton made a motion to APPROVE the request and seconded by Steve Zimmerman, voting went as follows: Rebecca Boyer-aye, Tim Price-aye, Toni Togias-nay, Roger Wigginton-aye, Steve Zimmerman-aye, Chairman Nollman-aye. Motion carried. CASE #33-MAY13 – CHET & KIM SHELTON – Requesting a Use Variance in order to operate a child daycare center at 423 S. Illinois St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-50) The applicant’s explained the improvements that will be made including new paint, windows and awnings. They explained the proposed outside playgrounds and employee parking. They are hoping to be open by August. The daycare will not be open 24 hours a day; they discussed their hours to be 6:00am to 6:00pm but will be seeking approval from the State of Illinois for hours of 6:00pm to 12:00am; in case they decide to offer evening hours in the future. Since there were no further questions from the Board or Aldermen and no one in the audience to speak in favor or against the request, Chairman Nollman asked for a motion. Steve Zimmerman made a motion to APPROVE the request and seconded by Rebecca Boyer, with all members present voting aye. Motion carried. Steve Zimmerman made motion to ADJOURN and seconded by Toni Togias with all members present voting aye. Motion carried. Chairman Nollman adjourned the meeting at 9:13 p.m. Respectfully Submitted, Kari L. Tutza Transcribing Secretary ~3~