Zoning Board of Appeals

Page 1 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS April 26, 2018 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Scott Ferguson Present Steven Zimmerman Excused Dan Nollman, Chairman Present Staff present: Annissa McCaskill, Economic Development, Planning, & Zoning Director Joel Glasscock, Planner and GIS Coordinator Amy Toenjes, Economic Development, Planning & Zoning Secretary 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 Yes Alderman Kent Randle Yes Alderman Raffi Ovian Yes Alderman Johnnie Anthony Yes 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: Dan Fietsam, Bennie Parr, Jr., Deborah Patt, Patricia Patt, Gorban Hamed, Milad Hamed, Jerome Mongomery Jr., Mitoshia Scott, Maracus Scott, Jessica Kern, Lindsay Croteau, Sue Casson 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 Zoning Board all cases heard at this meeting would be considered at the May 7, 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 March 28, 2018 Zoning Board of Appeals meeting minutes. No corrections were made hence the minutes were approved by the Board. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ The following two cases were heard together, but voted upon separately:  21-APR18 - Bennie Parr Jr. - A request for a Special Use Permit for a Liquor License at 124 East Main Street (Bennie's Pizza Pub) (Parcel number: 08-22.0-338-049) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 6  22-APR18 - Bennie Parr Jr. - A request for a Special Use Permit for outdoor dining at 124 East Main Street (Bennie's Pizza Pub) (Parcel number: 08-22.0-338-049) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.400, 162.515) Ward 6 These cases were heard together and voted on separately. Meeting minutes ~ Zoning Board of Appeals, April 26, 2018  Page |2 Applicant Bennie Parr Jr. explained he is requesting a 2am liquor license to serve beer and spirits at his future business. He is also requesting outdoor seating. Don Rockwell asked if changes have been made inside the building. Mr. Parr explained he has made changes to the interior. Mr. Rockwell asked if the outdoor seating would be in area same as the previous tenant's. Mr. Parr stated yes and he has purchased seven tables for the outdoor seating area. Rebecca Boyer asked about table placement as other neighboring businesses in the area have had complaints that tables block the businesses next to them. Mr. Parr explained that the area is offset from his storefront and he has spoken to his neighboring businesses who do not seem to have a problem with the tables. Mr. Parr clarified his hours will be 11am-8pm Monday thru Thursday, 11am-2am Friday and Saturday and Sunday 11am-2 or 3pm. There were no public comments or Aldermen comments made regarding this request. With no further discussion, Chairman Nollman asked for a motion. 21-APR18: A motion was made by Rebecca Boyer to APPROVE the request in the name of the applicant only. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 5-0. 22-APR18: 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 5-0.  23-APR18 - Kern's Dance Company - A request for a Sign Installation Permit in the Area of Special Control for signage at 15 South High Street (Parcel number: 08-21.0-445-036) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6 Jessica Kern explained that she would like to have a 2X12 sign on the front of her building and a 2 x 3 sign on the entrance door. Scott Ferguson asked in about material and lighting. Ms Kern explained the sign is vinyl and there will be no lighting. Aldermen comments: Raffi Ovian of Ward 4 asked if this sign will replace the existing sign and it was clarified there is currently no sign on the building. With no further discussion, Chairman Nollman asked for a motion. A motion was made by Scott Ferguson to APPROVE the request. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 5-0.  24-APR18 - Jerome Montgomery - A request for a Use Variance to operate a barbershop at 3028 West Main Street (Parcel number: 08-17.0-316-015) located in a "C-1" Light Commercial District. (Applicable sections of the Zoning Code: 162.247, 162.570) Ward 3 Maracus Scott explained that his uncle would like to relocate his barbershop to 3028 West Main Street. Rebecca Boyer asked how many parking spaces were available and Mr. Scott stated 10. Ms. Boyer asked how many customers were anticipated to be there at once and Mr. Scott stated there would not be more than two customers at a time in the location. Mr. Rockwell asked about hours and Mr. Scott stated hours would be 7am-7pm Tuesday thru Saturday. Ms. Boyer asked about signage and it was clarified Mr. Montgomery would utilize the existing sign frame. Public Objectors: Patricia Patt stated that she was not necessarily against the request, but was concerned about the additional traffic as there is currently little traffic at West Main and 31st Street. She is also concerned about them being open until; 7pm. Chairman Nollman asked if she was aware of the previous business and she said yes it was insurance with little traffic and they closed by 5pm. Meeting minutes ~ Zoning of Appeals April 26, 2018  Page |3 Deborah Patt was also concerned that it was possibly going to be a residence and barbershop. She wakes up at 4am and is concerned about traffic and late hours. Alderman Comments: Raffi Ovian asked where they were previously located. Alderman Anthony spoke and advised that he knows Mr. Montgomery personally and owns the business front next to where Mr. Montgomery is currently located in the 4800 block of West Main. He has been in this building 7-8 years and he doesn't have a a lot traffic. It is a quiet business and there are no complaints from Mr. Anthony's current residents upstairs. Alderman Scott Tyler stated that he has done inspections in Mr. Montgomery's business and has never seen more than two patrons at a time there and he welcomes the move to his ward. Alderman Kent Randle mentioned that Gent's Barbershop was located in this building in the 1960's. Alderman Tyler asked regarding paving the parking lot and Annissa McCaskill clarified that if approved the parking lot there would be a compliance agreement requiring the parking lot be paved within five years. Rebecca Boyer asked if there would be residential. Ms. McCaskill clarified that residential is not being applied for at this time, that is a separate procedure and the Applicant did not file for that request. With no further discussion, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer to APPROVE the request with the contingency the parking lot is paved within five years. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 5-0.  25-APR18 - Milad Hamed - A request for a Special Use Permit for a Liquor License at 1300 West Main Street (M & L Mart) (Parcel number: 08-21.0-333-009) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 5 Gorban Hamed, the Applicant's wife spoke for Milad Hamed. She explained they would like a liquor license. Scott Ferguson asked about hours. Mrs. Hamed stated hours are currently 9am-9pm and would possibly change if the liquor license was granted. Mr. Ferguson asked for clarification and she stated it would be later in the evening. Chairman Nollman asked how many parking spots and Mrs. Hamed stated two in back and two on the street. Chairman Nollman asked about adding extra lighting and the Hameds do not plan on it. Chairman Nollman also asked about the backdoor and Mrs. Hamed clarified it was not for public use only deliveries. Aldermen comments: Raffi Ovian asked if there is a concern of loitering due to the heavy foot traffic and what could the hours or a time frame for hours. Ms. McCaskill clarified that as the Liquor Commissioner, the Mayor would set the hours. He also can cover things as lighting and security and the Applicant would have to receive approval from the Mayor to change hours for liquor sales. Alderman Ovian also asked what percentage would be liquor versus food sales. Ms. McCaskill stated she believes there would be a different class license if liquor supersedes all other sales. Alderman Ovian asked if this will be only package liquor or large volumes of liquor at the liquor store. Ms. McCaskill clarified again that has to do with their liquor license. Rebecca Boyer asked for clarification where the store is located and what is the closest other Convenience Store. It was clarified that the closest other convenience store is Moto Mart. Mrs. Hamed stated that they have a SNAP machine accepting EBT Food stamps, therefore they cannot have liquor sales exceeding 50%. They also have in the past only dealt with beer at other stores and that is what their requests from customers have been. With no further discussion, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer Deny the request. It was seconded by Scott Ferguson. The motion received two affirmative and three negative votes. The motion failed and no recommendation was made. Meeting minutes ~ Zoning of Appeals April 26, 2018  Page |4 Rebecca Boyer made a motion to ADJOURN, which was seconded by Tim Price. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 7:34 p.m. Respectfully submitted, Amy Toenjes, Economic Development, Planning, & Zoning Department Meeting minutes ~ Zoning of Appeals April 26, 2018