Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES for July 24, 2014 Members: Rebecca Boyer Present Tim Price Excused Don Rockwell Present Patrick Sullivan Present Toni Togias Present Steven Zimmerman Present Dan Nollman, Chairman Present Staff present: Brian Flynn Elle Davis Emily Fultz Aldermen present: Alderman Galetti Public present: Paula Dutton, Santa Root, Vandala Smith, Amber Hayes-200 Turning Leaf Circle, Dan & Jessica Beckemeyer-2625 Cedar Grove Dr., Samantha Harpel-201 Turning Leaf Circle, Antonio & Edna Norman-213 Turning Leaf Circle, Donna Takmajian-2216 Marley Ave, Granite City, 62040, Robin Cimera-PO Box 705, Mt. Vernon, 62864, Boris Calloway-2583 Wintercreek Dr., Jenn Gherardini-2609 Commons Parkway, Jon & Laura Spelbriggs-225 E Mally, Andrew Wallace-2657 Cedar Grove Dr., Kevin Koch-2653 Cedar Grove Dr. The meeting was called to order at 7:00 p.m. by Chairman Dan Nollman. Roll called, quorum declared. Chairman Nollman noted that all Zoning Board cases heard at this meeting will be considered at the August 4th, 2014 City Council meeting. Chairman Nollman asked for a motion to approve the minutes of June 26, 2014. Steve Zimmerman made a motion to APPROVE the minutes with a correction and seconded by Don Rockwell with all present members voting aye. Motion carried. -------------------------------------------------------------------- 48-JUL14 – TDL GROUP, INC. – Requesting a Special Use permit in order to use the property at 212 Turning Leaf as a Community Integrated Living Arrangement (CILA) for four (4) unrelated adults with intellectual disabilities in a C-4 Commercial District. (Applicable portion of zoning code: 60-6-63) Robin Cimera, TDL representative, explained the request stating that four residents will be cared for 24 hours a day, 7 days a week. The staff and residents will have back ground checks completed. She explained that the residents have intellectual disabilities but are in no way are dangerous people. She said TDL Group has several other homes throughout the area and has been welcomed by those communities. Some of the residents work outside the home and use public transportation if not being picked up by a TDL Group vehicle. The Board asked about the applicant’s answer to question number six on the Special Use application stating that there is a grade school being built behind the proposed location. The applicant agreed to amend the application to change her response to question number six to “yes” based on information provided about a school being built nearby. The Board also asked several questions: why TDL Group chose the specific property, will they make modifications to the interior, how many group homes have they opened, have there been any incidents at any of their other properties that have affected public safety or welfare, is there any reason why the residents can’t live in multi-family housing that is zoned appropriately, has TDL Group further investigated the potential use of multi-family housing within the city, who will maintain the property, how many cars will be parked at the location, will the residents ever be without supervision, are family members or friends allowed to visit, and can the residents interact with the neighbors. Ms. Cimera restated that the residents are not dangerous people, they chose the property because it is ideal for the group home and the residents are like everyone else who lives in a home among the community. She also stated that: there will not be modifications made to the interior, TDL Group has opened approximately five homes, there haven’t been any safety or well being incidents that have occurred at the other homes, TDL Group will maintain the property, there is a two car garage for the staff members cars, the residents will never be alone at ~1~ the property because it is against Department of Human Services laws in which the organization follows, friends and family members are allowed to visit and the residents are welcome to become friends with the neighbors if they’d like to. Elle Davis noted that Small Community residences are permitted in almost all the residential zoning districts within the city; the applicants are requesting the Special Use Permit because Green Mount Manor is a C-4 Commercial Zoning District and is a Planned Unit Development (PUD.) If the neighborhood was zoned residential then the applicants wouldn’t need a Special Use Permit because a Small Community residence is already a permitted use. Emily Fultz spoke on the Comprehensive Plan, explaining that the plan calls for the city to maintain existing neighborhood character and it is city staff’s perspective that this request is residential in nature and therefore maintains the existing character of the neighborhood. Donna Takmajian spoke in favor of the request stating that the men who will be living in the home are great people who want to be a part of the community. She also spoke on the question made by the Board regarding if TDL Group had looked at multi-family housing for the residents instead of a single family area. She said the residents just want to be like an average person who has their own bedroom, a job and choices. She spoke highly on the other group homes that TDL Group operates in the area. Don Rockwell stated that he has heard positive comments about another group home in the city. Samantha Harpel, Paula Dutton, Santa Root, Kevin Kock, Edna Norman, Jessica Beckemeyer, Amber Hayes, Vandala Smith and Jenn Gherardini, who all stated that they live in Green Mount Manor, spoke against the request stating that they have concerns about the TDL Group vans driving too fast, more group homes opening in the neighborhood, a study that was completed regarding people with intellectual disabilities, the closeness of the grade school, persons with disabilities bringing a lot of unwanted issues to the neighborhood, the home being potentially too small for four grown men plus a staff member, background checks being made on all incoming residents, the safety of children walking to and from the school, a concern about why the Home Owners Association wasn’t informed of the request, the potential that the residents could become dangerous and have outbursts and concerns of property values decreasing. Elle Davis stated that Small Community residences are permitted with a Special Use Permit only if they are no closer than 660 feet from another Small Community residence. Emily Fultz stated that the request is for one Small Community residence. She also noted that a separate request for a Special Use Permit would have to be submitted if another group home wanted to operate in the neighborhood or for any other use listed as a “Special Use” in the C-4 Commercial Zoning District in the city code. Alderman Galetti said that traffic could be a problem. He referred to the applicant’s answer for question number four on the Special Use application where it asked “…does the Special Use coincide with the City’s Comprehensive Plan?” Also, referring to question number six on the Special Use application, Alderman Galetti stated that he believes an excellent neighbor would have looked up or called the city about the Comprehensive Plan and the school being built nearby. He stated that even though the neighborhood isn’t zoned single family, it is comprised of single family homes and he is concerned with the future residents of the group home, what their limitations would be and believes the home will adversely impact the area. He submitted several emails objecting the request. He stated that it was hard for him to understand how city staff could be for the request given the wishes of the people currently in the neighborhood. Lastly, he stated that if the request is granted, it may be opening up the potential for litigation on the restricted covenants of the Home Owners Association. Ms. Cimera stated that it is DHS regulation that a group home cannot be within 800 feet of another group home or they would have to request a special waiver. She also stated that under the Fair Housing Act these residents cannot be discriminated against because of their disabilities. She spoke on in support of giving these residents a chance to live in the community like everyone else and spoke highly of TDL Group. Brian Flynn encouraged the Board to review the factors which are to be considered for the Special Use permit and spoke briefly about discrimination and Fair Housing Act and a similar case which took place in a nearby community. With no further questions or comments, Chairman Nollman 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. Emily Fultz noted that a map will be created for City Council that shows the 660 feet and 800 feet boundaries regarding the regulations of DHS and city code. Rebecca Boyer made a motion to adjourn, which was seconded by Steve Zimmerman. All members present voted aye. Chairman Nollman adjourned the meeting at 8:02 pm. Respectfully submitted, Kari L. Tutza ~2~