Zoning Board of Appeals

Page 1 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS August 23, 2018 Members: Rebecca Boyer Excused Tim Price Excused Don Rockwell Present Scott Ferguson Present Steven Zimmerman Present Dan Nollman, Chairman Present Mitoshia Scott Present Staff present: 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 Yes 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 Yes Alderman Dennis Weygandt No Alderman Roger Wigginton No Alderman Roger Barfield No Public present: Chet Shelton, Ryan Malaschak, Eric Parker, David Schoenborn, Sandy Shoenborn, Terry Johnson, Alan Sinn, Robbie Fogerty-Hayden, Dan Fogerty-Hayden, Nick Kujawa, Gerald Feder, Jamie Todt, Rich Wilburn, Gary Luttrell, Lila Luttrell, Barb Pajares, Ken Pajares, Tyra Harris, Dottie Dee 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 Dan Nollman. Roll was called and a quorum declared. Chairman Nollman noted that all Zoning Board cases heard at this meeting would be considered at the September 4, 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 July 26, 2018 Zoning Board of Appeals meeting minutes. With no corrections, the minutes were approved by the Board. ------------------------------------------------------------------------------------------------------------------------------------------------------------------  45-AUG18 - Alan Sinn - A request for a Special Use Permit to operate storage buildings at 653 Carlyle Avenue (Parcel Number: 08-23.0-305-020) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 7  46-AUG18 - Alan Sinn - A request for a Special Use Permit to construct buildings larger than 150 square feet with metal exteriors at 653 Carlyle Avenue (Parcel Number: 08-23.0-305-020) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 7  47-AUG18 - Alan Sinn - A request for an Area / Bulk Variance to construct fencing more than 6 feet in height at 653 Carlyle Avenue (Parcel Number: 08-23.0-305-020) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.392, 162.570) Ward 7 Meeting minutes ~ Zoning Board of Appeals, August 23, 2018  Page |2 Alan Sinn, Applicant, stated he would like to convert the former Sears building at 653 Carlyle Avenue into climate- controlled self storage units. In addition to the interior storage units, he is asking to erect an outdoor storage building in the parking lot for car and boat storage along with a fence for extra security. Steve Zimmerman asked a question regarding the materials of the building and fencing. Mr. Sinn explained the outer three walls of the building that will be erected in the parking lot will be split face block with the front being metal doors with metal siding between the doors. The proposed fencing for the East side of the parking lot would be a rod iron fence with a key pad controlled access gate and the West side would be chain link with fabric or plastic slats for privacy. Don Rockwell asked a question regarding the existing building and Mr. Sinn explained he would adding metal siding to match the facade of the building and where the previous garden center was. Mr. Zimmerman asked if Mr. Sinn was purchasing the property and Mr. Sinn stated he was. Mr. Rockwell asked about access hours, and Mr. Sinn stated the gate would operate 6am-10pm for the indoor and outdoor storage areas and there would be on-site attendants 9am-5pm. The indoor storage area will only have access through an electronic gate that will be operational 6am-10pm and from a second entry point through the building door which will also have an electronic locked entry. Scott Ferguson asked about the lighting. Mr. Sinn explained there would be less lighting than is currently there and a security camera will be installed. Mr. Ferguson asked if there would be any improvement or changes to the parking lot. Mr. Sinn stated he planned to seal and stripe the lot. Chairman Nollman asked for verification the outdoor buildings would be constructed of split face block on the three sides of the building, with metal doors and metal siding on the front facade. The exterior of the former garden center will be replaced metal siding matching the color of the existing building. Mr. Sinn stated that was all correct. In addition to building changes Chairman Nollman asked for verification the fence will be 8 foot with privacy slats to enhance security. Mr. Sinn confirmed he planned on constructing an 8 foot privacy fence on the west side to ensure safety and that the outdoor storage will not be visible to neighbors. Mr. Zimmerman asked how much foot traffic he anticipated would be generated and Mr. Sinn estimated 10-15 cars per day when the storage was at 100% capacity. Chairman Nollman asked if Mr. Sinn planned to park any items outside of the fence and Mr. Sinn stated no. Public Comments: Terry Johnson, real estate broker spoke in favor of this case. He presented this property to Mr. Sinn as he has seen other property such as this where large vacant spaces are converted into a new use. Currently a similar project is going on in Alton where a U Haul storage is being constructed in a former K-Mart building. Gary Lutrell spoke in favor and as a concerned neighbor. He asked a question regarding the fencing that it is not a chain link fence with weeds growing thru. Although he is in favor in the building being revamped and occupied, currently from time to time he sees used furniture, toilets, mattresses and garbage at the dumpster of the Thrift Store and he has to view that from his house. Chet Shelton spoke in favor of the case, as another business owner in Belleville he thinks the construction looks nice and this will add to the area. Phil Elmore asked for clarification as to where the fence is going to be located. Mr. Sinn stated he is lives in Belleville and will be on site every day. Mr. Zimmerman asked for clarification on the fence. Mr. Sinn clarified the chain link fence will be on the West side of proposed new building to the back of the current building, there will not be fencing along Orchard Drive. The area behind the current building will not have anything stored and Mr. Sinn plans on being on site to keep fence and area behind the building well maintained. With no further discussion, Chairman Nollman asked for a motion. 45-AUG18: A motion was made by Don Rockwell to APPROVE. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 5-0. 46-AUG18: A motion was made by Don Rockwell to APPROVE. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 5-0. Meeting minutes ~ Zoning of Appeals August 23, 2018  Page |3 47-AUG18: A motion was made by Don Rockwell to APPROVE. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 5-0.  48-AUG18-Adrenaline Prints LLC - A request for a Sign Installation Permit in the Area of Special Control for signage at 126 East Main Street (Parcel Number: 08-22.0-338-049) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6 Eric Parker stated he has been operating as Adrenaline Prints at 126 East Main for several years and recently underwent entry into a partnership and subsequent name change. Mr. Parker would like to install a sign on the awning of the building along with vinyl on the window and door to reflect the new name, Belleville Screen Printing. Steve Zimmerman asked about lighting on the sign. Mr. Parker explained no lighting would be added. Mr. Zimmerman asked about the awning sign size. Mr. Parker stated it would be 4 foot by 8 foot. Don Rockwell was concerned about the large size of the awning sign. Scott Ferguson stated he was not in favor of the sign being as large as it is. Chairman Nollman asked if Mr. Parker was willing to change the size. Mr. Parker stated he was. Chairman Nollman proposed the sign be 3 foot by 6 foot and Mr. Parker agreed to that size. There were no comments from the public.. Alderman Pusa stated she was in favor. With no further discussion, Chairman Nollman asked for a motion 48-AUG18: A motion was made by Scott Ferguson to APPROVE with the stipulation the top signage does not exceed 3 foot by 6 foot. It was seconded by Mitoshia Scott. All members present voted in the affirmative. The motion carried 5-0.  49-AUG18-Daniel and Robbie Fogarty-Hayden - A request for a Special Use Permit for a liquor license at 223 East Main Street (The Wine Tap) (Parcel Numbers: 08-22.0-334-033, 08-22.0-334-034) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 2. Nick Kujawa, attorney for the applicants, spoke on their behalf. The Applicants are purchasing the The Wine Tap from the prior owners who ran it since February. Don Rockwell asked for clarification as to whether the request was just a name change on the liquor license. Mr. Kujawa stated yes. Mr. Rockwell asked what the hours would be and Mr. Kujawa stated Tuesday thru Thursday, 4pm-11pm, Friday and Saturday 4pm to 12am. There were no comments from the public.. Alderman Pusa stated she was in favor of keeping this restaurant and the new owners. With no further discussion, Chairman Nollman asked for a motion 49-AUG18: A motion was made by Steve Zimmerman to APPROVE 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.  50-AUG18-Keller Trucking On The Road, LLC - A request for a Sign Installation Permit in the Area of Special Control for signage at 6 - 8 South Church Street (Parcel Number: 08-22.0-340-002) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6 Tyra Harris explained Keller Trucking would like to install a 140 inch x 48inch sign. The contractor for the signage would be McClay Signs. Don Rockwell asked if where the sign would be located is painted wood on the building facade. Ms. Harris confirmed. Mitoshia Scott asked about the sign material. Ms. Harris stated she was unclear on the material being used for the sign. Chairman Nollman asked if the sign would be lighted. Ms. Harris stated it would not. Mr. Rockwell stated he was concerned about the size of the sign. Scott Ferguson stated that he struggled with the sign covering the Meeting minutes ~ Zoning of Appeals August 23, 2018  Page |4 architectural integrity of the building facade and it is not in keeping with the building's historical look. Mr. Ferguson suggested a sign that is perpendicular to the building that would be smaller and be in keeping with the look of the building. Chairman Nollman asked if Ms. Harris had any idea what the material may be and Ms. Harris stated she was unclear. Steve Zimmerman stated that he felt the placement was not appropriate and asked if the sign could be smaller. Ms. Harris was unclear if that was a possibility. Chairman Nollman added he felt that the sign was too large. Mr. Rockwell asked if there was parking for trucks or if this was office space. Ms. Harris stated it was office space only. There were no comments from the public. Alderman Elmore asked about anticipated foot traffic. Mr. Rockwell asked Ms. Harris if they anticipated foot traffic, she stated the only foot traffic would be from employee interviews. With no further discussion, Chairman Nollman asked for a motion 50-AUG18: A motion was made by Steve Zimmerman to DENY. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 5-0.  51-AUG18-Salinas Property Management Inc - A request for an amendment to a Planned Unit Development (Ordinance Number 6633) to permit the construction of a single-family residence at 3424 / 3428 Berwin Green Drive and 3432 Berwin Green Drive / 2080 Wexford Green Way (Parcel Numbers: 08-26.0-212-081, 08-26.0-212- 082, 08-26.0-212-090, 08-26.0-212-089) (Applicable sections of the Zoning Code: 162.050) Ward 7 Chet Shelton, property owner and developer stated his request would allow for construction of two, single-family homes in place of four, single-family attached residences. The Applicant intends to consolidate parcels of the attached homes in order to build the proposed single-family homes. Don Rockwell asked a question regarding the type of construction materials that would be used, the size and the price range of homes. Mr. Shelton stated that the homes would be mixed masonry and vinyl siding, approximately 1250 square feet, two car, three bedroom homes in the $150-200,000 price range. He added this is consistent with the current attached residences already built in this development. Steve Zimmerman asked for clarification of the location of development. Mr. Shelton clarified that the development is located on Route 177, Mascoutah Avenue. Mr. Zimmerman asked how many lots are remaining. Mr. Shelton stated he and his partner own 22 undeveloped lots and another owner has approximately 15. Mr. Rockwell asked if Mr. Shelton plans on developing his other lots in the same manner or develop them as attached residences. Mr. Shelton stated he was open to developing more lots as single family homes. Mr. Shelton added he has spoken to the neighbors and has not heard any opposition. Dottie Dee, current resident in the subdivision spoke stating she was in favor of this change in home type. Alderman Phil Elmore stated that he is excited about this change and is in support. With no further discussion, Chairman Nollman asked for a motion 49-AUG18: A motion was made by Don Rockwell to APPROVE. It was seconded by Mitoshia Scott. All members present voted in the affirmative. The motion carried 5-0.  52-AUG18-Lincoln Theatre, Inc. - A request for a Special Use Permit for a liquor license at 103 East Main Street (Lincoln Theatre) (Parcel Number: 08-22.0-333-036) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 2 David Shoenborn with the Lincoln Theatre was present to request a Special Use Permit for a liquor license. The theater hosted a concert earlier this year and is planning on hosting other special events going forward where liquor is complimentary to the events. Steve Zimmerman asked for clarification as to whether the theater was requesting a pour Meeting minutes ~ Zoning of Appeals August 23, 2018  Page |5 license or a packaged liquor license. Mr. Shoenborn confirmed the request was for a pour license and that no packaged liquor would be served. Don Rockwell asked if they plan to sell liquor at times other special events. Mr. Shoenborn stated he planned on having liquor available on the weekends and possibly during the week as long as he had qualified staff to sell. He added that he feels it would be a good way to rotate inventory between special events. Mr. Rockwell asked if liquor would be available in all theaters, regardless of movie, for instance children's movies. Mr. Shoenborn affirmed that it would be available for all movies. He advised that he has spoken to other operators in the country who provide armband to patrons after being properly identified. The theater staff currently utilize armbands for patrons at special events. Mr. Shoenborn added he does not want to offer liquor one weekend and not the next solely based on the movie selection available. Mr. Shoenborn also stated liquor sales are not a large portion of the theater business and he is looking at this as a way to offer an additional product and keep his inventory fresh between special events. Mr. Rockwell wanted to clarify there will not be a large beer sign and as consumers walk into the theater the liquor will not be highly visible. Mr. Shoenborn stated availability and marketing of the liquor between special events would behind the concession stand and that he has no plans to replace his Dr. Pepper sign with a beer sign. He added that he feels most sales of the alcohol during the movie experience would be generated from a patron asking if they carry beer and from them being able to offer a small selection of what they would have in stock. Mr. Shoenborn then added the facade of the building or signage would not change due to liquor sales. There were no comments from the public.. Alderman Pusa stated she was in favor of this request. With no further discussion, Chairman Nollman asked for a motion 52-AUG18: A motion was made by Scott Ferguson to APPROVE in the name of the applicant only. It was seconded by Mitoshia Scott. All members present voted in the affirmative. The motion carried 5-0.  53-AUG18-Wortman Stores - A request for an Area / Bulk Variance to construct a sign larger than the allowed maximum dimensions at 9434 South DeMazenod Drive (Parcel Number: 07-03.0-300-008) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.004, 155.028, 162.570) Ward 8 Rich Wilburn of Kaskaskia Engineering represented Wortman Stores. Mr. Wilburn explained Jack Flash and Jack Splash will be built with a Phillips 66. They are requesting to install a sign to display the Phillips 66, and Jack Flash name. Don Rockwell asked a question regarding the location of signage when the restaurant is added. Mr. Wilburn stated that there could be a separate sign or the restaurant's information would be added to the existing sign without increasing the signage size. There were no comments from the public. Alderman Pusa stated she was in favor of this request. With no further discussion, Chairman Nollman asked for a motion 53-AUG18: A motion was made by Scott Ferguson to APPROVE. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 5-0. Steve Zimmerman made a motion to ADJOURN, which was seconded by Scott Ferguson. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 8:04 p.m. Respectfully submitted, Amy Toenjes, Economic Development, Planning, & Zoning Department Meeting minutes ~ Zoning of Appeals August 23, 2018