Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES for September 25, 2014 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Patrick Sullivan Excused Toni Togias Present Steven Zimmerman Excused Dan Nollman, Chairman Present Staff present: Brian Flynn Elle Davis Emily Fultz Aldermen present: Alderman White, Alderman Anthony Public present: Felecia Randolph, 14 Sunnyside Dr.-Roger Wigginton, 8020 W. Main St.-Melissa Kettler, 20 E. Main St. -Ricky Ruhman, 4567 Orlet Rd., Waterloo-Linda Havlin, 19 Signal Hill Blvd.-Victor Horsley, 4901 W. Main St.-Alisa Vaughn, 9735 W. Main St.-Erick Kattenbraker, 17 Woodside Dr.-Phil & Barb Elmore, 1106 E Main St.-Lea Green, 538 Lafayette Blvd.-Vreler Depr, 6400 W. Main St., 3D 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 October 6, 2014 City Council meeting. Chairman Nollman asked for a motion to approve the minutes of August 28, 2014. Rebecca Boyer made a motion to APPROVE the minutes and seconded by Don Rockwell with all present members voting aye. Motion carried. -------------------------------------------------------------------- 56-Sept14 – Ricky Ruhman – Requesting a Use Variance to operate a used car dealership at 8241 Old St. Louis Rd. located in an A-1 Single Family Zoning District. (Applicable portion of zoning code: 60-6-4) Tim Price, Zoning Board member, stated that he abstained from the request. The Board asked the applicant several questions regarding present and past variance requests including previous extensions such as; what is the timeline for the building to be built, when did the initial construction begin, where is the trailer that was once placed on the lot, are you operating the business from the lot now, do you consider yourself a good neighbor, will your business increase property values, is any mechanical work happening on the lot, is the entire lot being used for car sales under black top, are there any further modifications that would be completed on the lot, will exterior lights be added. The applicant and building contractor, Erick Kattenbraker, answered the Board’s questions. The applicant also stated that he has another used car business in the city which is doing well, he had some financial issues in the past, he currently has sixty-six (66) or sixty-seven (67) cars on the lot right now because when he initially stated that he would only have forty (40) to fifty (50) cars he didn’t realize how much room he was going to have on the lot, he has an employee who sits in a truck on the lot from 9:00am-5:00pm who can assist in car sales, and he believes he is a good neighbor. Mr. Kattenbraker said that light poles and a transformer are in place and he spoke further about the required sewer line connection and the materials to be used for the office. He also stated that, if approved, the project should be completed by the end of January or the beginning of February. Chairman Nollman asked if there was anyone present in the audience who wished to speak in favor or against the case. Jill Richardson, property owner, spoke in favor of the request. The Board noted that several complaints have been submitted since the first request. Roger Wigginton, West Belleville Promotional Committee, spoke in opposition to the request. With no further questions or comments from the Board, Aldermen or guests, Chairman Nollman asked for a motion. Rebecca Boyer made a motion to DENY the request and seconded by Toni Togias with all present members voting aye except Tim Price who abstained. Motion carried. ~1~ 57-Sept14 – Felecia A. Randolph – Requesting a Use variance in order to operate a boutique at 9454 W. Main St. located in a C-1 Light Commercial Zoning District. (Applicable portion of zoning code: 60-6-43) The applicant explained the request stating that the inventory for sale will be new, not resale items. The hours of operation will be 10:00am-8:00pm and maybe Saturdays. There is ample parking and exterior lighting. Chairman Nollman asked if there was anyone present in the audience who wished to speak in favor or against the case. Roger Wigginton, West Belleville Promotional Committee, spoke in opposition to the request. Alderman Anthony stated that it wasn’t appropriate for Mr. Wigginton to ask the applicant questions regarding the business because he is a competitive retail clothing business owner. With no further questions or comments from the Board, Aldermen or guests, 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. 58-Sept14 – Phillip G. Elmore – Requesting an Area/bulk variance in order to build a room addition closer than 25’ to the rear property line at 534 Lafayette located in an A-1 Single Family Zoning District. (Applicable portion of zoning code: 60-6-3.) The applicant explained the request. The Board asked about the setback lines and utilities. The applicant answered the Board’s questions and noted that the only neighbor this will affect is in favor of the request. Chairman Nollman asked if there was anyone present in the audience who wished to speak in favor or against the case. Lea Green, 538 Lafayette, spoke in favor of the request. With no further questions or comments from the Board, Aldermen or guests, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request and seconded by Rebecca Boyer with all present members voting aye. Motion carried. 59-Sept14 – Hicks & Spector, LLC – Requesting a Sign Installation permit in Area of Special Control in order to install one (1) 30” x 15” flush mounted, non illuminated sign at 20 E. Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of sign code: 53-4-6.) The applicant explained the request stating that the sign will be similar in size to the current signs that are on the building. With no further questions or comments from the Board, Aldermen or guests 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 and seconded by Don Rockwell with all present members voting aye. Motion carried. 60-Sept14 – Alisa Vaughn – Requesting a Special Use permit for a liquor license at 9735 West Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-50) The applicant explained the request. The Board asked several questions such as will this be a restaurant and bar, is there concern for the neighbors regarding noise and hours of operation. The applicant stated that she is a current business owner in East St. Louis, Freeburg and Belleville and explained her history with being a business owner. She also stated that she will have outside music during special events, an outside patio and would like to be open the same hours of the previous bar which was around the times of 10:00am – 3:00am. Chairman Nollman asked if there was anyone present in the audience who wished to speak in favor or against the case. Victoria Ferguson, the applicant’s business partner, spoke in favor of the request. Linda Havlin, West Belleville Promotional Committee, stated her concerns. Roger Wigginton, West Belleville Promotional Committee, spoke in opposition to the request. Alderman Anthony stated his concerns with having outside events with music and loud noise. He commended the applicant for wanting to operate a business there but recommended the applicant to stop the outside events around 8:30pm or 9:00pm and none on Sundays for respect of neighbors. With no further questions or comments from the Board, Aldermen or guests 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 with the stipulation of no outside music after 9:00pm Monday through Saturday and none on Sunday and seconded by Tim Price with all present members voting aye. Motion carried. ~2~ 61-Sept14 – Victor L. Horsley, DPM, LLC– Requesting a sign variance in order to install one off-premise, freestanding sign that is thirty (30) square feet in area at 4909 West Main Street in a C-2 Heavy Commercial Zoning District. The sign will advertise the adjacent business, which is located at 4907 West Main Street, also in a C-2 Heavy Commercial District. Applicable Portion of the Sign Code: 53-3-8(A) The applicant explained the request. The Board asked several questions such as why the applicant wishes to place another sign when he already has an existing sign on the building and what is the size of the proposed sign. The applicant answered the Board’s questions and stated that his current sign isn’t visible from West Main St. now and has been told several times that his clients couldn’t find his office. The Board recommended placing the sign on the current office building. He said that he needs this sign for higher visibility and the proposed sign wouldn’t be in the way of the snow plow for his lot. He noted that he doesn’t know where the official property lines are but he owns both properties where the sign would be placed. Alderman Anthony stated that he never noticed the doctor’s sign was there until the request and that the applicant’s office building is right on the sidewalk so there wouldn’t be room to place a two-sided sign. Chairman With no further questions or comments from the Board, Aldermen or guests and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Don Rockwell made a motion to APPROVE the request which failed due to lack of a second motion. Rebecca Boyer made a motion to DENY the request and seconded by Tim Price, voting went as follows: Rebecca Boyer -aye, Tim Price-aye, Don Rockwell-nay, Toni Togias-aye, Chairman Nollman-aye. Motion carried. Rebecca Boyer made a motion to ADJOURN, which was seconded by Toni Togias. All members present voted aye. Chairman Nollman adjourned the meeting at 8:15 pm. Respectfully submitted, Kari L. Tutza ~3~