Zoning Board of Appeals

June 27, 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 Absent Dan Nollman, Chairman Present Staff present: Emily Fultz Brian Flynn Guests: see attached list Aldermen present: Alderman Schmidt, Alderman White, Alderman Seibert Chairman Nollman asked for a motion to approve the minutes of May 23, 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 July 15, 2013. -------------------------------------------------------------------- 34-Jun13 – Marie Werner – Requesting a Use Variance in order to operate an in-home daycare at 300 S. Church Street for one year, then convert it for use as a only a daycare facility. The property is located in an A-1 Single Family Zoning District. (Applicable portion of the zoning code: 60-6-4) Marie Werner, applicant, explained that she wasn’t aware that she needed a variance to operate a daycare from the residence. She gave an explanation of her child care qualifications and described the operation of the business including the hours of operation. Roger Wigginton asked how long she’s been operating the business, how many employees she has and how many children are using the daycare. Ms. Werner stated that the daycare will operate from 6:00am – 6:00pm, she will have one part time employee, and about eight to ten children will attend the daycare that range in ages from six months to twelve years old. Ms. Werner stated that parking is not an issue due to plenty of on street parking and usage of her driveway. Toni Togias asked for the ages of the children attending the daycare. Ms. Werner explained her licensing for child care. Ms. Werner stated that her family is moving to another location within the city but would like to utilize this property as a full time child daycare facility by next year. Rebecca Boyer asked why the applicant doesn’t find commercial space to operate from and the maximum amount of children that is allowed at the property now per the State of Illinois. Chairman Nollman asked if the daycare will be open on weekends and/or night time. Ms. Werner addressed all questions asked. The following person(s) spoke in favor of the request; Sabrina Lind, 219 S. Church-Tabitha Burkhart, 423 S. 21st St.-Kristine Stellwag, 608 Sycamore-Jeremy Stellwag-608 Sycamore-Jason Foster, 315 Polk St.-Mickey Peters,426 Park Ave.-Amy Allen, 1201 State St.-Shawna Reed, 301 Wabash Ave.-Sara Conklin-1801 Jamestown Rd.-Jami Shield, 321 Clearwater Dr. The following person(s) spoke in opposition of the request; Jim Ceryes,308 E. Lincoln, Apt. A-Bryan Bowman, 204 S. Church St. Alderman Seibert stated that he cannot support the request because the business is in an A-1 Single Family Zoning District. Alderman White stated that he supports the request. Chairman Nollman stated that the Board received a letter of support. Ms. Werner submitted a petition with twenty-seven (27) signatures of the surrounding neighbors stating their support of the request. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Roger Wigginton made motion to APPROVE the request and seconded by Tim Price, the voting went as follows: Rebecca Boyer-nay, Tim Price-aye, Toni Togias-nay, Roger Wigginton-aye, Chairman Nollman-nay. The case will go to City Council without a recommendation. ~1~ 35-Jun13 – Hoyleton Ministries – Requesting a Use Variance in order to operate a Large Community Residence at 300 N. Church St. located in an A-1 Single Family Zoning District. (Applicable portion of the zoning code: 60-6 -4) Chris Cox, applicant, explained the program and introduced the current owners of the property, Gorge and Amy Perez, who would like to sell to Hoyleton. The average length of stay for a tenant will be eighteen (18) months. Roger Wigginton asked if there was much renovation that needed to take place and will there be security on site. Rebecca Boyer asked if the tenants will be escorted when going out. Chairman Nollman asked where the children come from and if they have violent pasts, the night time security and the genders of the tenants. Mr. Cox carried a brief discussion on the school system and DCFS regulations. Toni Togias asked for the transition process. Mr. Cox noted their dedication to community service. Rebecca Boyer asked about employees. The following person(s) spoke in favor of the request; Jorge Perez, 300 N. Church-Sister Grace Mueller, 301 S. Church. Donna Mauno, 1407 West A St., asked the Board to place a stipulation on the case, if approved, stating it be for the applicant only and if the scope of services changes, they be required to come back for a different approval. The following person(s) spoke in opposition of the request: John Seimans, 323 N. Jackson-Donna McKelvey, 205 East D St.-Patrick Lutz,213 East E St. Alderman Schmidt spoke in favor of the request and noted that she hadn’t heard any opposition from her constituents. Rebecca Boyer asked for the number of rooms to be used. Mr. Cox addressed all questions asked. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Toni Togias made motion to APPROVE the request. Rebecca Boyer made a motion to amend the motion to state that if the purpose of the organization changes the applicant will need to seek re-approval. Toni Togias made a motion to approve the request with the amendment, seconded by Rebecca Boyer with all members present voting aye. Motion carried. 36-Jun13 – Crosshaven Church – Requesting a Use Variance in order to operate a church at 1406 W. Main Street, in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-49) Chris Oswald, applicant, explained the program. Rebecca Boyer asked where the congregation meets now with the number of parishioners. Toni Togias asked for hours of operation and discussed parking. Chairman Nollman asked if there will be an office as well as the church. Mr. Oswald addressed all questions asked. Since there were no further questions from the Board or Aldermen, and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Rebecca Boyer made a motion to APPROVE the request in the name of the applicant only and seconded by Toni Togias, with all members present voting aye. Motion carried. Rebecca Boyer made motion to ADJOURN and seconded by Toni Togias with all members present voting aye. Motion carried. Chairman Nollman adjourned the meeting at 9:25 p.m. Respectfully Submitted, Kari L. Tutza Transcribing Secretary ~2~