Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES for December 17, 2015 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Patrick Sullivan Excused Toni Togias Present Steven Zimmerman Present Dan Nollman, Chairman Present Staff present: Annissa McCaskill, Director of Economic Development, Planning & Zoning Kari Tutza, Administrative Assistant of Economic Development, Planning & Zoning Brian Flynn, Assistant City Attorney Present: Present: Alderman Joe Hazel No Alderman Ken Kinsella No Alderman Mike Buettner No Alderman Scott Tyler No Alderman Kent Randle No Alderman Raffi Ovian Yes Alderman Johnnie Anthony No Alderman Ed Dintelman No Alderman Phillip Silsby No Alderman Paul Seibert No Alderman Bob White No Alderman Phil Elmore No Alderman Trent Galetti No Alderman Roger Wigginton Yes Alderman James Musgrove No Public present: Chad Judge, Phil Weiss, Mary & James Larkin, Shakeema Mixon 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 Monday, January 4, 2016 City Council meeting. Chairman Nollman asked if there were any corrections to be noted for the October 28, 2015 and November 19, 2015 Zoning Board of Appeals meeting minutes. No corrections were made hence the minutes were approved by the Board. -------------------------------------------------------------------- The following cases were heard: 1. 41-Dec15 – Midwest Petroleum Company (M.P.C.) – Request for a Special Use Permit for a liquor license at 1291 Frank Scott Parkway located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-50.) Ward 4 The applicant explained the request stating that they will sell packaged liquor only and the hours of operation will be 5:00am- 12:00am, 7 days a week. With no further discussion by the Board, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer to APPROVE the request in the name of the applicant only. It was seconded by Steve Zimmerman. All members present voted in the affirmative. The motion carried. 6-0. 2. 42-Dec15 – Phillip Weiss/Weiss Monuments – Request for an Area/Bulk Variance for an addition onto the existing building at 9904 W. Main St. located in a B-1 Multi-Family Residence Zoning District. (Applicable portion of the Zoning Code: 60-6-23.) Ward 8 Zoning Board of Appeals, December 17, 2015 ~Page 1 ~ The applicant explained the request stating that the shed located nearest to the alley will be demolished. The proposed addition will be added on to the existing structure. More parking will become available with the new layout. Employees park in the cemetery across the street ever since the city eliminated parking in front of their store over twenty-five years ago. Hours of operation are 10:00am – 6:00pm, Monday-Friday, 9:00am-12:00pm, Saturday. The proposed addition should not block anyone’s view. Alderman Ovian and Alderman Wigginton held a discussion on a neighboring lot that Mr. Weiss owns in which he uses for the placement of stone monuments and the noise levels. The applicant explained his use of the neighboring property and he stated that the doors to the shop are usually closed and do not make a lot of noise. The business has been in operation over eighty years. He estimates the project to take around two months to complete, weather pending. With no further discussion by the Board, Chairman Nollman asked for a motion. A motion was made by Don Rockwell to APPROVE the request. It was seconded by Steve Zimmerman. All members present voted in the affirmative. The motion carried. 6-0. 3. 43-Dec15 – Shakeema Mixon – Request for a Use Variance in order to operate a children’s daycare for more than three children as a home occupation at 6901 W. Main St. located in a C-1 Light Commercial Zoning District. (Applicable portion of the zoning code 6-2-2, 60-6-43.) Ward 4 The applicant explained her request stating that the Department of Child Services (DCFS) has completed their inspections and she is awaiting their approval by US Postal mail. She plans on employing her sister as her only employee right now. She will care for a maximum of seven children with the hours of operation being 6:00am – 9:30pm, 7 days a week except every other weekend when she will be closed. A fence will be erected in the back of the residence with parking up front and on the side of the residence. A van will be used to drop off and pick up children from school. Alderman Ovian and Alderman Wigginton voiced their concerns with monitoring the state license requirements, parking, play areas, inspections by Fire & Building and overall child care safety. The applicant stated that she was instructed by DCFS not to allow children to play in the front of the residence. She plans on roping off the area that will be fenced in until the fence is erected in back. Chairman Nollman read aloud a letter of concern by a neighbor. With no further discussion by the Board, Chairman Nollman asked for a motion. A motion was made by Steve Zimmerman to APPROVE the request with the following stipulations: (1.) Prior to receiving a Certificate of Business Occupancy from the City, the Petitioner must provide a copy of her State License to operate a day care center. (2.) Any restrictions to said licensure will automatically be conditions of approval of the variance. Loss of State License will result in rescinding of the Certificate of Business Occupancy. (3.) Limitation of play activities by clients to the grassed area in the rear of the property and fencing of said area to promote safety. (4.) Hours of operation will be 6:00 a.m. to 9:30 p.m. It was seconded by Rebecca Boyer. All members present voted in the affirmative. The motion carried. 6-0. Chairman Nollman stated that he will be absent for January 2016 Zoning Board of Appeals meeting and he has asked Steve Zimmerman to step in as acting Chair. If not Mr. Zimmerman, than Patrick Sullivan. Zoning Board of Appeals, December 17, 2015 ~Page 2 ~ Steve Zimmerman made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted aye. Chairman Nollman adjourned the meeting at 7:40 p. m. Respectfully submitted, Kari L. Tutza, Economic Development, Planning & Zoning Department Zoning Board of Appeals, December 17, 2015 ~Page 3 ~