Zoning Board of Appeals

Page 1 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS February 22, 2018 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Scott Ferguson Present Toni Togias Present Steven Zimmerman Excused Dan Nollman, Chairman Present Staff present: Annissa McCaskill, Economic Development, Planning, & Zoning Director Brian Flynn, Assistant City Attorney Present: Present: Alderman Joe Hazel No Alderman Ken Kinsella No Alderman Mike Buettner No Alderman Jane Pusa No Alderman Scott Tyler No Alderman Kent Randle No Alderman Raffi Ovian No Alderman Johnnie Anthony No Alderman Ed Dintelman No Alderman Shelly Schaefer No Alderman Andy Gaa No Alderman Mary Stiehl No Alderman Phil Elmore No Alderman Dennis Weygandt No Alderman Roger Wigginton No Alderman Roger Barfield No Public present: Rodger Riley, Joe Sydow, Jon Spelbring, Ed Lim, Joe rossi, Howard Ritter The Zoning Board of Appeals meeting was held at Belleville City Hall, Council Chambers, 101 South Illinois Street. The meeting was called to order at 7:00 p.m. by Chairman Nollman. Roll was called and a quorum declared. Chairman Nollman noted that all Zoning Board cases heard at this meeting will be considered at the March 5, 2018 City Council meeting. Chairman Nollman explained the emergency procedures if needed. Chairman Nollman asked if there were any corrections to be noted for the January 25, 2018 Zoning Board of Appeals meeting minutes. No corrections were made hence the minutes were approved by the Board. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ The following cases were together, but voted on separately:  12-Feb18 – Ten Three Eighteen, LLC - A request for a Special Use Permit for a liquor license at 223 East Main Street (The Wine Tap) (Parcels: 08-22.0-334-034, 08-22.0-334-033) located in a "C-2" Heavy Commercial District. (Applicable section of the Zoning Code: 162.248) Ward 2   13-Feb18 - Ten Three Eighteen, LLC - A request for a Special Use Permit for outdoor dining at 223 East Main Street (The Wine Tap) (Parcels: 08-22.0-334-034, 08-22.0-334-033) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.400) Ward 2 Attorney Edward Lim, on behalf of Ten Three Eighteen, LLC, the applicant and proposed new operator of the Wine Tap. Mr. Lim explained that the current owner of the restaurant and building intends to lease the restaurant to the new operators with an option to purchase. The new operators are Jacob Freeman and Candace Branch. Ms. Branch is the current General Manager of the Wine Tap. The Wine Tap will essentially be the same, but have new management with the same hours and menu. Public Comments: Meeting minutes ~ Zoning Board of Appeals, February 22, 2018  Page |2 John Spelbring, owner of Turned Treasures. spoke in opposition to the request for outdoor seating. He expressed that the outdoor seating area in the sidewalk bump out has “crept” down in front of his storefront. As a result, the tables and umbrellas cause poor visibility into his business. There were questions to Mr. Spelbring regarding his hours of operation. He closes at 5 on weekdays and 6 on weekends. He advised that the Wine Tap stays open much later, but the tables are always present. Final Applicant Comments: Mr. Lim apologized for the encroachment and explained that the business does not open until 4 pm and is not actively busy until after 5. Additionally, he explained that it is difficult to stop patrons from rearranging the seating. During subsequent discussion, Mr. Lim advised that they are only open Wednesday, Thursday, Friday and Saturday. There was additional discussion/questions regarding limitations on the number of seats allowed (there are currently none), ADA compliance, and possible limits on the hours, With no further discussion, Chairman Nollman asked for a motion. 12-Feb18 Ten Three Eighteen, LLC: A motion was made by Rebecca Boyer to APPROVE the request with the following stipulation (1.) In the name of the applicant only. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0. 13-Feb18 – Ten Three Eighteen, LLC: A motion was made by Rebecca Boyer to APPROVE the request with the recommendation that the owners work with staff to develop a mutually-agreeable solution to the chair encroachment issue. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 6-0. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ The following two cases were heard together, but voted upon separately. 14-Feb18 – FKG Oil Company - A request for a Special Use Permit for a convenience store at 2235 West State Route 161 (Parcels: 08-09.0-307-008, 08-09.0-307-019) located in a "C-2" Heavy Commercial District. (Applicable section of the Zoning Code: 162.248) Ward 3 15-Feb18 – FKG Oil Company - A request for a Special Use Permit for a liquor license at 2235 West State Route 161 (Parcels: 08-09.0-307-008, 08-09.0-307-019) located in a "C-2" Heavy Commercial District. (Applicable section of the Zoning Code: 162.248) Ward 3 Brian Pendleton, Director of Real Estate for FKG Oil Company, requested the Board’s recommendation to City Council for the necessary Special Use Permits to allow for a new Convenience Store at the Northeast corner of Fullerton Avenue and State Highway 161. Mr. Pendleton stated that they have worked out access issues with IDOT and the City of Swansea, in addition to site suitability due to previous fill work. It was clarified that the proposed development will be a 5,900 square foot MotoMart of masonry construction. It is a new concept with fresh food available. There are proposed to be 8 pump stations (16) pumps, along with diesel products and a car wash available. There will also be a drive through window for food service. There was further discussion regarding access, hours of operation (24 hrs./7 days), lighting, possible foot traffic. Public comments: Joe Sidow, owner of an adjacent property to the North, expressed concerns regarding privacy, safety, noise abatement, possible light nuisance and trash from the site. Howard Ritter, another adjacent property owner to the North had concerns regarding how the natural watershed will be effected, the site layout, lighting, fencing, the impact of the development of animals in the area. Meeting minutes ~ Zoning of Appeals February 22, 2018  Page |3 Final Applicant Comments: Mr. Pendleton advised that other than a slight disturbance in the area closest to the development site, there is no intention to disturb the mature natural vegetation on the site. The nearest structure from the property boundary is the carwash, which is more than 250 feet. Light encroachment is not expected due to the remaining vegetation. Feels they are providing the necessary screening. There is an existing storm sewer line on the south side that will be replaced due to detrioration. The only fencing will be on the Southeast corner of the site per the request from the City of Swansea. The sites are policed for litter by staff every 8 hours. The trash enclosure will also be brick masonry. There was additional discussion regarding storm water management, site detention and geotechnical concerns (none). Aldermen comments: There were no aldermen present to provide comments. With no further discussion, Chairman Nollman asked for a motion. 14-Feb18 – FKG Oil Company: A motion was made by Rebecca Boyer to APPROVE the request. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0 15-Feb18 – FKG Oil Company: A motion was made by Rebecca Boyer to APPROVE the request with the following stipulation (1.) In the name of the applicant only. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0. ------------------------------------------------------------------------------------------------------------------------------------------------------------- There was discussion regarding the possibility of postponing the March meeting to March 28th. An email was to be sent. Rebecca Boyer made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted aye. Chairman Nollman adjourned the meeting at 7:35 p.m. Respectfully submitted, Annissa G. McCaskill Economic Development, Planning, & Zoning Department Meeting minutes ~ Zoning of Appeals February 22, 2018