Zoning Board of Appeals

July 25, 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 Excused Don Rockwell Present Toni Togias Excused Roger Wigginton Present Steven Zimmerman Present Dan Nollman, Chairman Present Staff present: Eric Schauster Brian Flynn Paul Bauman Guests: see attached list Aldermen present: Alderman Musgrove Chairman Nollman asked for a motion to approve the minutes of June 27, 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 August 5, 2013. -------------------------------------------------------------------- 37-Jul13 – Transformation Christian Center/Derek Bastian – Requesting a Use variance in order to operate a worship center (church) at 45 Sheffield Dr. located in a C-2 Heavy Commercial District. (Applicable portion of zoning code: 60-6-49) The applicant asked for the case to be postponed until the August 2013 Zoning Board of Appeals meeting. Don Rockwell made motion to TABLE the request and seconded by Rebecca Boyer with all present members voting aye. Motion carried. 38-Jul13 – Victor M. Cupido– Requesting a Special Use permit for a liquor license at 100 N. High St. located in a C -2 Heavy Commercial District. (Applicable portion of zoning code: 60-6-50) The applicant, Victor Cupido, explained that he would like to sell liquor at the new restaurant. The restaurant is not open yet. The applicant explained his proposed hours of operation and noted that he has operated a restaurant before in O’fallon with no problems. 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. Roger Wigginton made motion to APPROVE the request “in the name of the applicant only” and seconded by Rebecca Boyer with all present members voting aye. Motion carried. 39-Jul13 – James L. Hawthorne – Requesting a Special Use permit in order to operate a used car dealership at 10400 W. Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6- 50) The applicant, James L. Hawthorne, explained that he has been in the car detailing business for years and would like to expand his business to used car sales. Mr. Hawthorne explained the hours of operation; Monday-Saturday, 9am-6pm. Don Rockwell asked for the price range of the cars; the applicant said anywhere from $3000 to $8000. He said that he would like to sell moderately priced cars to the residents of Belleville and East St. Louis. Roger Wigginton asked for more details of the business, the applicant stated that he will purchase used cars, detail them in one of the three bays available on site and sell them at a lower to medium price range. He said that he will have approximately 30 cars for sale on the lot at one time. Chairman Nollman asked if there was anyone present who wanted to speak in favor or against the case. The following person spoke in favor of the request: Morris Hunt, property owner, explained that there ~1~ is a church operating on the property as well as his personal business which is non medical transportation company. He described how the three businesses will share the parking lot. Roger Wigginton stated that the property is the entrance to the city and needs to be maintained properly and used to its best efforts and asked about the lighting on the lot; Mr. Hunt explained that the lights are functional and it will be up to Mr. Hawthorne to utilize the lights for illumination of the cars for sale. Alderman Musgrove asked for clarification of the shared parking on the lot for the three businesses and asked for a site plan. Mr. Hawthorne explained the shared parking and said that he will have the lights on at night to illuminate the cars. Dan Nollman asked if there is any fencing or gates for security; Mr. Hawthorne said that there is a gate presently installed but not a fence. Rebecca Boyer asked about signage; Mr. Hawthorne answered that he will apply for a permanent sign to be installed. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Steve Zimmerman made motion to APPROVE the request “in the name of the applicant only” and seconded by Rebecca Boyer with all present members voting aye. Motion carried. 40-Jul13 – Veronica Winters – Requesting a Use variance in order to operate a daycare for thirty-five (35) children and four (4) staff at 19 S. 97th St. located in a C-2 Heavy Commercial District. (Applicable portion of zoning code: 60-6-49) The applicant, Veronica Winters, explained that she is currently operating a home daycare at 49 Stratford Green Dr. but wants to open a daycare at a commercial site. Rebecca Boyer asked for the applicants experience in child care; Ms. Winters said that she has approximately five years experience and is pretty familiar with DCFS regulations. She said that she did a survey of the area on who needs child care and received a good response. The ages at the child care center would be 6 weeks to 12 years old. Only half of the building will be utilized as the child care operation. Roger Wigginton asked how many children she presently cares for at home, the applicant answered, three. Ms. Winters said that the building inspections were completed. Rebecca Boyer asked about “green space;” Ms. Winters said that they will utilize the front yard as the mandatory “green space.” Don Rockwell asked about fencing; Ms. Winters explained the front yard will be fenced in. Ms. Winters said that she would like to open as soon as possible with her hours of operation being 6am – 6pm. Chairman Nollman asked about sufficient parking. Chairman Nollman asked if there was anyone present who wanted to speak in favor or against the case. The following people spoke in favor of the request: Mike Threlkhold, property owner, explained the layout of the building and neighborhood, parking spaces and the other vacant half of the property. Pat Schaefer, Lebanon IL, explained that he is a realtor and believes the business would fit the property well. Tameka Durham, 23 S. 97th St., explained that she is the direct neighbor to the property and voiced her concerns and questions such as the fencing, the children’s play areas, exits/entrances and placing the signage. She noted that the only grass area is in front of the building which runs directly along her driveway. Alderman Musgrove voiced his concerns and questions such as the usage of the front yard as a “green space” and the amount of employees needed. Ms. Winters stated that the front yard will be fenced in and explained the exits/entrances. She said that there will be four employees who work different shifts. Roger Wigginton noted his concerns with the safety of the children and staff for security purposes. Chairman Nollman asked if four employees were sufficient for 35 children, Ms. Winters said that she would add more employees if needed. Don Rockwell asked about utilizing the parking lot; Ms. Winters stated that she and the owner have discussed using part of the parking lot for a play area as well but would need to fence it in. Ms. Winters said that she was going to place a banner for advertising. Paul Bauman stated that a permanent banner is not legal within the city limits. Steve Zimmerman asked if the State of Illinois is going to make a final “walk through” before opening the business; Ms. Winters answered, yes. Since there were no further questions from the Board or Aldermen, Chairman Nollman asked for a motion. Roger Wigginton made motion to DENY the request and seconded by Steve Zimmerman voting went as follows: Rebecca Boyer-nay, Don Rockwell-nay, Roger Wigginton-aye, Steve Zimmerman-aye, Chairman Nollman-nay. The case will go to City Council without a recommendation. Rebecca Boyer made motion to ADJOURN and seconded by Roger Wigginton with all members present voting aye. Motion carried. Chairman Nollman adjourned the meeting at 7:40 p.m. Respectfully Submitted, Kari L. Tutza Transcribing Secretary ~2~