Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES for June 26, 2014 Members: Rebecca Boyer Excused Tim Price Present Don Rockwell Present Patrick Sullivan Present Toni Togias Present Steven Zimmerman Excused Dan Nollman, Chairman Present Staff present: Brian Flynn Elle Davis Aldermen present: Alderman Anthony, Alderman Seibert, Alderman White Public present: Tom Cummings, 424 Woodsmill Rd, St. Louis, MO-Ashley Sproull, 424 Woodsmill Rd, St. Louis, MO-Jeffrey Collier, 1859 Galway Dr.-Barney Johnson, 13 Sundew Dr.-Mike McManus, 4500 Memorial Dr.-Donna Gonzalez, 301 N. Main, O’Fallon-Justin Andrade, 140 N. 78th St.- Rachel Thanbleson, 301 N. Main, O’Fallon-Devin Kaemmerer, Jr., 118 N. 44th St.-Gordon Anderson, 215 N. 40th St.-Mr & Mrs. Ronald Sroka, 3814 N. Belt West-Mr. & Mrs. John Mayville, 15 Fourscore Dr.-Kevin Pesko, 138 Wyndrose Dr.-Scott Muir, 838 Toner St.-Don Rigney, 201 N. 32nd St. The meeting was called to order at 7:00 p.m. by Chairman Nollman. Roll called, quorum declared. Chairman Nollman noted that all Zoning Board cases heard at this meeting will be considered at the July 7, 2014 City Council meeting. Chairman Nollman asked for a motion to approve the minutes of May 22, 2014. Toni Togias made a motion to APPROVE the minutes and seconded by Tim Price with all present members voting aye. Motion carried. -------------------------------------------------------------------- Chairman Nollman stated that Case 41-Jun14 – Sawyer Engineering would not be heard at tonight’s meeting due to the applicant withdrawing the case. Amend Section 60-6-73 to include the terms "Commercial Office" and "Call Center" to the Permitted Uses in the D- 1 Light Industrial zoning district (60-6-73) based on Resolution 2982. With no discussion, Chairman Nollman asked for a motion. Toni Togias made a motion to APPROVE the amendment and seconded by Don Rockwell with all present members voting aye. Motion carried. 37-JUN14 – SCOTT MUIR – Requesting a Sign Installation permit for the Area of Special Control in order to install one (1) 3’x3’ vinyl window decal and one (1) 2’x2’ vinyl window decal at 124 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 questions or comments from the Board or Aldermen and there was no one in the audience who wished to speak in favor or against the case, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. ~1~ Chairman Nollman stated that cases 38 & 39-Jun14 would be heard together but voted upon separately. 38-JUN14 – EMPIRE COMFORT SYSTEMS, INC. – Requesting to Rezone the property at 921 and 925 Freeburg Ave. from an A-1 Single Family Zoning District to a D-1 Light Industry Zoning District. (Applicable portion of zoning code: 60-6-1 through 60-6-7 and 60-6-71 through 60-6-79) 39-JUN14 – EMPIRE COMFORT SYSTEMS, INC. – Requesting an Area/bulk variance for relief from the required 25’ setbacks in the D-1 Light Industry Zoning District at 921 and 925 Freeburg Ave. (Applicable portion of zoning code: 60-6-72) The applicant explained the request stating that they will add onto the existing display building by demolishing the building they previously purchased on this property. There was a brief discussion on the current setback lines. The plans of exterior renovation were discussed. The applicant stated that their customer base is a distributor network which eliminates the need for additional parking. Alderman Seibert spoke in favor of the request. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wished to speak in favor or against the case, Chairman Nollman asked for a motion. Tim Price made a motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. Patrick Sullivan made a motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. 40-JUN14 – KAREN D. TINSLEY-SROKA – Requesting a Use variance in order to allow light commercial retail use with the allowance of occasional foot traffic for a primarily online based mail order business looking to increase local exposure and business at 3814 N. Belt West located in a C-1 Light Commercial Zoning District. (Applicable portion of zoning code: 60-6-43) The applicant explained the request stating that their customer base is primarily on-line sales but would like the opportunity to sell their items retail. A brief discussion was held on parking spaces, hours of operation and traffic. Elle Davis stated that a letter of concern was submitted to city staff regarding parking and delivery trucks. The applicant stated that the deliveries they receive are less than 100 lbs. and are delivered by the U.S. Post Office or FedEx. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wished to speak in favor or against the case, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Patrick Sullivan with all present members voting aye. Motion carried. 42-JUN14 – SSC, INC/VERIZON – Requesting a Special Use permit in order to install a wireless communication facility at 4500 Memorial Dr. (Memorial Hospital) located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-7-31) Tom Cummings and Ashley Sproull, representing the applicant, explained the request and gave a presentation of the proposed antennas. Ms. Sproull stated that the antennas will be mounted to the side of the building, not a tower, not being any taller than the tallest building and will also be painted the same color as the other structures of the hospital. Mike McManus, Memorial Hospital, carried a brief discussion on possibly adding boosters to the inside of the hospital to improve the coverage as well. John Mayville, an abutting property owner, asked if the applicant was going to use the wooded area near his home for the project; Ms. Sproull stated that they will not be using that property for this project. Alderman Anthony received some phone calls of concern with where the antennas would be placed or if it was a tower being built but he spoke in favor of the request. With no further questions or comments from the Board or Aldermen, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Tim Price with all present members voting aye. Motion carried. ~2~ 43-JUN14 – DONNA GONZALEZ – Requesting a Use variance in order to use the accessory structure as a residence at 3912 Summit St. (PPN: 08-17.0-116-089) located in an A-1 Single Family Zoning District. (Applicable portion of zoning code: 60-6-4) The applicant explained the request stating that she has an agreement with her son, the property owner, to rent-to- buy the property at 132 N. 40th St. and lease the accessory structure to a tenant or use for her mother to reside in. She stated that the previous owners told her the accessory structure was used as a residence in prior years but hasn’t had a tenant reside in it for a while. Justin Andrade, property owner, explained the layout of the structure noting that the electric is separate but the water lines are combined with the main residence. There was a brief discussion held on the address given to the accessory structure of 3912 Summit St.; Mr. Andrade explained that he wasn’t sure if it was a legal address, it was just the address the previous owner had painted on the structure. The Board asked several questions regarding required parking space, the boarded up garage door, shared utilities and yard space. The applicant read aloud a letter of recommendation from a neighbor that couldn’t attend the meeting and read aloud a document from an unknown entity speaking on the two separate addresses. Gordon Anderson, abutting property owner, spoke in favor of the request but noted that his view of the property is limited and hasn’t seen a tenant in the accessory structure for eight years. With no further questions or comments from the Board or Aldermen, Chairman Nollman asked for a motion. Toni Togias made a motion to DENY the request and seconded by Patrick Sullivan. Voting went as follows: Toni Togias-aye, Patrick Sullivan-aye, Don Rockwell- nay, Tim Price-nay, Chairman Nollman-aye. The case will be sent to City Council without a recommendation from the Zoning Board of Appeals. Chairman Nollman stated that cases 44 & 45-Jun14 would be heard together but voted upon separately. 44-JUN14 – BARNEY JOHNSON – Requesting a Use variance in order to erect a 10’x10’ frame building to enclose vacuum and electrical equipment at 114 N. 44th St. located in a B-1 Multi-Family Zoning District. (Applicable portion of zoning code: 60-6-24) 45-JUN14 – BARNEY JOHNSON – Requesting an Area/bulk variance to erect a structure two (2) feet from the front and side property lines at 114 N. 44th St. located in a B-1 Multi-Family Zoning District. (Applicable portion of zoning code: 60-6-23 ) The applicant explained the request stating that he will add two parking spaces to his apartment building lot since he is taking two spaces away for the use of a new vacuum being placed there for the operation of the neighboring car wash which he also owns. There was a discussion held on the dumpster placement, the layout of the carwash and the proposed structure. Devin Kaemmerer Jr., abutting property owner, spoke in opposition to the case stating that he works nights and the vacuums are noisy. The applicant stated that the proposed structure will reduce the noise of the vacuums that are already being used and noted that he has owned and operated the carwash since 1987. Alderman Anthony spoke in favor of the request and stated that although he is not suggesting a fence be erected, he did note that the addition of a fence would help to decrease the sound even more. With no further questions or comments from the Board or Aldermen, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. Don Rockwell made a motion to APPROVE the request with the stipulation of the required twenty-four (24) parking spaces be provided and seconded by Patrick Sullivan with all present members voting aye. Motion carried. 46-JUN14- BANK OF BELLEVILLE – Requesting an Area/Bulk variance in order to reduce the number of required on-site parking spaces at 213-219 South Illinois Street in a C-2 Heavy Commercial District. (Applicable portion of zoning code: 60-8-22) ~3~ Gary Hoelscher, representing Bank of Belleville, explained the request. The Board and Mr. Hoelscher discussed parking spaces. Elle Davis stated that city staff is working with St. Clair County on an intergovernmental agreement to provide more parking for the Bank of Belleville. With no further questions or comments from the Board or Aldermen and there was no one in the audience who wished to speak in favor or against the case, Chairman Nollman asked for a motion. Tim Price made a motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. 47-JUN14 – CITY OF BELLEVILLE – Requesting a Sign Installation Permit for the Area of Special Control in order to place one freestanding sign totaling 16 square feet, two flush-mounted wall sign totaling approximately 10 square feet each, and one awning sign totaling approximately 10 square feet in area, for a total of 46 square feet of signage at 407 East Lincoln Street, in a C-2 Heavy Commercial District. (Applicable portion of the Sign Code: 53-4- 6) Elle Davis explained the request giving the locations and dimensions of each sign. With no questions or comments from the Board or Aldermen and there was no one in the audience who wished to speak in favor or against the case, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Patrick Sullivan with all present members voting aye. Motion carried. Don Rockwell made a motion to adjourn, which was seconded by Tim Price. All members present voted aye. Chairman Nollman adjourned the meeting at 8:19 pm. Respectfully submitted, Kari L. Tutza ~4~