Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES for June 25, 2015 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 Annissa McCaskill Kari Tutza Aldermen present: Anthony, Kinsella Public present: Marsha Maller, TWM Barry Glantz, McBride & Son Jennifer Balsey McBride, McBride & Son Steve Reeff, 216 Sparrow Pt Ln. Jeremy North, 909 N. Charles Stanley Little, 2677 Cedar Grove Dr. LaShae North, 909 N. Charles Marques Sewell, 2751 London Ln. Gwendolyn Johnson, 909 N. Charles Ehssan Hamdan, 308 Wilmington Dr. Daniel Gonzalez, 100 N. High St. Nizar Hamdan, 308 Wilmington Dr. Sergio Loyola, 100 N. High St. Jack Kloess, 113 S. Fairway 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 July 6, 2015 City Council meeting. Chairman Nollman asked if there were any corrections to be noted for the May 28, 2015 Zoning Board of Appeals meeting minutes. No corrections were made hence the minutes were approved by the Board. -------------------------------------------------------------------- The following cases were heard:  14-June15-Ehssan Hamdan-A request for Rezoning from an A-1 Single Family Residence District to C-2 Heavy Commercial to operate a convenience store located at 528 North Douglas Avenue (Applicable portion of the zoning code: 60-6-1 through 60-6-7 and 60-6-47 through 60-6-52) Ward 1. The applicant explained the request and a discussion was held regarding the hours of operation, neighboring stores that sell liquor, and the proposed percentage of liquor sales. The applicant explained that this is a neighborhood market, not a liquor store. He spoke on the constant inquiries from customers on when he will be selling liquor. The liquor sales will not be a large part of the business but would be a ~1~  June 25, 2015 Zoning Board of Appeals meeting minutes-continued convenience to his customers. He also stated that this building is not built as a single family home, but a store. Mr. Hamdan submitted a petition with over five hundred signatures on it supporting the request of a liquor license. Chairman Nollman entered into the record a petition with ten signatures on it opposing the request of rezoning the property to commercial and the request of a liquor license. Alderman Kinsella stated his concerns which were: 1.) The property owner's intentions in regards to selling the property commercially in the future. He believes the neighbors would be upset if the property were to be rezoned commercia. 2.) That 11:00 p.m. is too late to sell liquor there and that the City Liquor Commissioner can limit the hours for sales. He also stated that he has not heard any opposition from his constituents besides one. Assistant city attorney, Brian Flynn, explained the rezoning request. The rezoning is necessary because Special Use Permits for Liquor Licenses are not available in the A-1 Single Family Residence District. Mr. Flynn added that a variance was another option. Jack Kloess and Jeremy North spoke in favor of the request. There was no one present who wished to speak in opposition of the request. With no further discussion from the Board or Aldermen, Chairman Nollman asked for a motion. A motion was made by Patrick Sullivan to approve the request. It was seconded by Don Rockwell. Voting went as follows: Tim Price-nay, Don Rockwell-aye, Patrick Sullivan-aye, Toni Togias-nay, and Chairman Nollman-aye. The motion failed to carry; it will go to City Council without a recommendation.  15-June15-Ehssan Hamdan- A request for a Special Use Permit in a C-2 Heavy Commercial zoning district for a liquor license for Sammy's Market located at 528 N Douglas Avenue (Applicable Section of the zoning code: 60-6-50) Ward 1. There was a continuation of discussion per the previous case 14-June15. The applicant further explained the request of a liquor license and referred to the petition of over five hundred signatures requesting that he sell liquor at his market. He explained that he has twenty-one cooler doors, seventeen of which will be used for non-alcoholic beverages and four will be used for the sale of liquor. Regarding maintenance and security; Mr. Hamdan said that he has submitted a service call for the Ameren light pole to be fixed in the back of the store. He also stated that he has a good relationship with the Belleville Police Department. Jack Kloess, LaShae North and Nizar Hamdan spoke in favor of the request. There was no one present who wished to speak in opposition of the request. Reference was made that the opposition petition discussed in case 14-June15 also opposed the liquor license. With no further discussion from the Board or Aldermen, Chairman Nollman asked for a motion. A motion was made by Tim Price to approve the request in the name of the applicant only. It was seconded by Patrick Sullivan. Voting went as follows: Tim Price-aye, Don Rockwell-aye, Patrick Sullivan-aye, Toni Togias-nay, and Chairman Nollman-nay. The motion failed to carry; it will go to City Council without a recommendation.  16-June15-Kenneth Fults, Jr.- A request for a Special Use Permit in a C-2 Heavy Commercial zoning district to operate a used car dealership located at 3827 North Belt West (Applicable section of the zoning code: 60-6-50) Ward 4 The applicant explained the request and a discussion was held regarding the renovations that have taken place on the property. Mr. Fults stated that his hours of operation will be Monday – Saturday, 9:00 a.m. – 6:00 p.m. Alderman Anthony stated that he had not heard any opposition from his constituents but asked about customer parking. There was a discussion on the separation of parking for customers, employees ~2~  June 25, 2015 Zoning Board of Appeals meeting minutes-continued and the cars for sale. With no further discussion from the Board or Aldermen and no one in the audience wished to speak in favor or in opposition of the case, Chairman Nollman asked for a motion. A motion was made by Don Rockwell to approve the request with the following stipulation that no more than forty-two vehicles for sale be on the lot at one time. It was seconded by Toni Togias. All members present voted in the affirmative. The motion carried. 5-0.  17-June15-Daniel Gonzalez- A request for a Special Use Permit in a C-2 Heavy Commercial zoning district for a liquor license for Casa Maria Restaurant located at 100 North High Street (Applicable section of the zoning code: 60-6-50) Ward 2. The applicant explained the request and a discussion was held regarding hours of operation and the type of liquor license requested. With no further discussion from the Board or Aldermen and no one in the audience wished to speak in favor or in opposition to the case, Chairman Nollman asked for a motion. A motion was made by Toni Togias to approve the request in the name of the applicant only. The motion was seconded by Tim Price. All members presented voted in the affirmative. The motion carried. 5-0.  18-June15-McBride Green Mount Manor, LLC- A request for Planned Unit Development Amendment in a C-4 Commercial District for revised elevations for Green Mount Manor located at 0 Commons Parkway, 2500 Wintercreek Drive, and 2504 Wintercreek Drive (Applicable section of the Zoning Code: 60-4-6) Ward 7. The representatives of McBride & Son and TWM explained the request and a discussion was held regarding the elevations that were approved through the previous Planned Unit Development. The representatives gave a brief presentation of the new home styles and elevations. With no further discussion from the Board or Aldermen and no one in the audience wish to speak in favor or in opposition of the case, Chairman Nollman asked for a motion. A motion was made by Don Rockwell to approve the request. It was seconded by Toni Togias. All members present voted in the affirmative. The motion carried. 5-0. Tim Price made a motion to ADJOURN, which was seconded by Toni Togias. All members present voted aye. Chairman Nollman adjourned the meeting at 8:07 p. m. Respectfully submitted, Kari L. Tutza, Economic Development, Planning & Zoning Department ~3~