Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS May 22, 2014 Rebecca Boyer Present Tim Price Present Don Rockwell Excused Patrick Sullivan Present Toni Togias Present Steven Zimmerman Present Dan Nollman, Chairman Excused Staff present: Brian Flynn Elle Davis Aldermen present: Alderman Hult, Alderman Rujawitz Public present: Angel Acherman-25 Lakeshore Dr., Trish Amann-28 Lakeshore Dr., Marg Amann- 1249 Cynthia Dr., Brad Beck-6754 Middle Gate Ln., Darrin & Michelle Dockins-7643 Forest Hill Lake Ln, Millstadt, Ken Harsin-1302 State St. Rd., Terry Heimann-4020 Green Mount Crossing, Ste. 246, Shiloh, Debra P.-27 Lakeshore Dr., Randy Thompson-18 Lakeshore Dr., Denys Robitaille-121 E Main St., Jaime Greenfield-529 Paul Dr., Waterloo The meeting was called to order at 7:00 p.m. by Acting Chairman Steve Zimmerman. Roll called, quorum declared. Acting Chairman Zimmerman noted that all Zoning Board cases heard at this meeting will be considered at the June 2, 2014 City Council meeting. -------------------------------------------------------------------- Acting Chairman Zimmerman asked for a motion to approve the minutes of April 24, 2014. Rebecca Boyer made a motion to approve the minutes and seconded by Toni Togias with all present members voting aye. Motion carried. 32-May14 – Denys Robitaille/Yellow Tomato Imports – Requesting a Sign Installation permit for the Area of Special Control in order to install three (3) vinyl window decals, each measuring six square feet in area, at 119 E. Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 53-4-6) The applicant explained the request. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wanted to speak in favor or against the case, Acting Chairman Zimmerman asked for a motion. Rebecca Boyer made a motion to approve the request and seconded by Toni Togias with all present members voting aye. Motion carried. ~1~ 33-May14 – Randy Thompson – Requesting an Area/bulk variance in order to erect a 16’x32’ ft. portable shed in the front yard at 18 Lake Shore Dr. located in an A-1 Single Family Zoning District. (Applicable portion of zoning code: 60-3-18) The applicant explained the request. Tim Price, Zoning Board of Appeals member, abstained from the case. The Board asked several questions and the applicant answered them accordingly. The applicant stated that the building materials are plywood and metal, the shed was already built when it was delivered and can be moved again as such, shed is being used to store personal items, he wants to move the shed back approximately 8 ft., and his two car garage is full of items including his wife’s car. The applicant stated that he cannot place it anywhere else in his yard because of the sloping yard. Angel Acherman, Trish Amann, Marg Amann, Ken Lawson, and Tim Price, spoke in opposition to the request. There was a statement made by Tim Price that there is an order from the Corps of Engineers that no one was allowed to build on the dam. Alderman Hult asked Mr. Price if he would be able to provide City Council with the paperwork from the Corps of Engineers order. The applicant stated that the shed isn’t built on the levy but the road in front of his house is and he has nowhere else to put the shed. There was no one present to speak in favor of the request. With no further questions or comments from the Board or Aldermen, Acting Chairman Zimmerman asked for a motion. Rebecca Boyer made a motion to deny the request and seconded by Toni Togias with all present members voting aye. Tim Price abstained. Motion carried. 34-May14 – Jaime Greenfield/The Office – Requesting a Sign Installation permit for the Area of Special Control in order to install three (3) awnings for a total area of 44.8 sq. ft. at 21 N. Church St. located in a C- 2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 53-4-6) The applicant explained the request and stated that Traube will install the awnings. There was a brief discussion on a low hanging wire that Grey Eagle, liquor distributor, will fix soon. The applicant also noted that she will be renovating the outside beer garden along with fencing. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wanted to speak in favor or against the case, Acting Chairman Zimmerman asked for a motion. Rebecca Boyer made a motion to approve the request and seconded by Toni Togias with all present members voting aye. Motion carried. 35-May14 – Darrin Dockins – Requesting a Special Use permit in order to operate a used car dealership at 2460 W. Highway 161 located in a D-1 Light Industry Zoning District. (Applicable portion of zoning code: 60-6-74) The applicant explained the request. The Board asked several questions and the applicant answered them accordingly. The applicant stated that he will sell used cars in the front portion of the lot which is fenced in, he will eventually place new signage, he will start out by selling approximately ten cars at a time, and the used car sales portion of the business will only operate when he is present at the property which should be between 9am-5pm, Mon-Fri. There was a discussion held on the used car lot portion needing to be paved and installing additional exterior lighting. Alderman Rujawitz said that he hadn’t heard any concerns from constituents. Alderman Hult asked about the dog on the property. The applicant explained that the dog on the property is his dog and will not be outside of the fence. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wanted to speak in favor or against the case, Acting Chairman Zimmerman asked for a motion. Rebecca Boyer ~2~ made a motion to approve the request and seconded by Tim Price with all present members voting aye. Motion carried. 36-May14 – Caritas Family/Gary Hueslmann – Requesting a Use variance in order to utilize part of the property for residential programs at 900 Royal Heights Rd. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-49) Brad Beck, Caritas, spoke for the applicant. He explained the request and the services that Caritas offers. Teri Heiman, property owner, explained the layout of the building. Mr. Beck stated that they have interest from other non-profit businesses that would like to occupy space at the property as well, administrative offices are at another location and the timeframe for the remodel and relocating is sometime within this year. Mr. Heiman stated that they bought the building in 2006 and has spent approximately one million dollars in renovations. Alderman Rujawitz said that he hadn’t heard any concerns from constituents. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wanted to speak in favor or against the case, Acting Chairman Zimmerman asked for a motion. Rebecca Boyer made a motion to approve the request in the name of the applicant only and seconded by Tim Price with all present members voting aye. Motion carried. Rebecca Boyer made a motion to adjourn, which was seconded by Toni Togias. All members present voted aye. Acting Chairman Zimmerman adjourned the meeting at 7:40 pm. Respectfully submitted, Kari L. Tutza ~3~