Zoning Board of Appeals

Page 1 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS December 20, 2018 Members: Rebecca Boyer Present Tim Price Present Don Rockwell Present Scott Ferguson Excused Steven Zimmerman Present Dan Nollman, Chairman Present Mitoshia Scott 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 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 No Alderman Dennis Weygandt No Alderman Roger Wigginton No Alderman Roger Barfield No Public present: Carla McKinny, Joe Lopiccolo, Chris Poettker, Laura Dunning, Roger Dunning, Annette Parker, Phillip Paeltz, Ron Herbert, Carrie Smith, Earnest Goyea, Benedicta Goyea, Sean Jordan, Samuel Berkley, Laura Dunning, Roger Dunning, John Stewart, Christine Stewart, Stephen Reinhardt, Kim Power 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 January 7, 2019 City Council meeting. Chairman Nollman explained the emergency procedures. Chairman Nollman asked if there were any corrections to be noted for the November 15, 2018 Zoning Board of Appeals meeting minutes. With no corrections, the minutes were approved by the Board. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ ➢ 78-DEC18 - Joseph Lopiccolo - A request for a Use Variance to operate a real estate office at 1603 North 17th Street (Parcel Number 08-17.0-220-017) located in an "A-1" Single-Family Residence District. (Applicable section of the Zoning Code: 162.570) Ward 3 Applicant Joseph Lopiccolo stated he would like to operate a Real Estate Office at 1603 North 17th Street. Mitoshia Scott asked if this will be used for a residence in addition to the Real Estate office. Mr. Lopiccolo stated no and the office would be utilized as office space only by himself and a secretary. He added there would be very little traffic to the office as most transactions and business conducted with his real estate clients currently take place at the buyer or sellers home or electronically. Chairman Nollman asked if any improvements will be completed. Mr. Lopiccolo showed an example of a home he recently purchased and converted into an office in Missouri and added he had similar plans of extensive Meeting minutes ~ Zoning Board of Appeals, December 20, 2018  Page |2 upgrades to the 17th Street property. Chairman Nollman asked if there will be additional lighting to the building. Mr. Lopiccolo stated he may add lighting to the front of the building, but had no plans to add additional lighting to the sides or rear of the building. Chairman Nollman asked a question regarding hours of operation. Mr. Lopiccolo anticipated hours to be Monday through Friday from 8am-5pm; although, he may be there on an occasional evening or weekend if he would need to utilize office equipment. Rebecca Boyer inquired as to why the purchase of a home is necessary considering the availability of commercial property in Belleville. Mr. Lopiccolo stated he has experience in purchasing properties and identified the subject property as a good opportunity. Don Rockwell asked if there were other commercial businesses nearby. Mr. Lopiccolo stated a Hair Salon is located on the adjacent property. Annette Parker who resides at 1605 North 17th Street stated she is in favor of this request. All questions she had were addressed with the exception of outdoor maintenance. Chairman Nollman asked the Applicant a question regarding lawn maintenance. Mr. Lopiccolo stated he would have a lawn maintenance service to take care of the grounds. With no further discussion, Chairman Nollman asked for a motion. 78-DEC18: A motion was made by Tim Price to APPROVE. It was seconded by Mitoshia Scott. All members present voted in the affirmative. The motion carried 6-0. ➢ 79-DEC18 - Carla McKinney - A request for a Use Variance to operate a home day care at 115 North Douglas Avenue (Parcel Number 08-22.0-411-018) located in an "A-1" Single-Family Residence District. (Applicable section of the Zoning Code: 162.570) Ward 2 Applicant Carla McKinney presented her request for a Use variance to operate a home daycare at her residence. She currently has three children she cares for and would like to expand to 8 children. She has a background in early childcare and has acquired a Child Home Day Care License and all approvals needed from the State of Illinois and State Fire Marshall. Rebecca Boyer asked a question regarding drop off and pick up location. Ms. McKinney stated she has a concrete area poured off her driveway in the rear where parents can safely drop off and pick up children. Ms. Boyer asked if childcare hours will be limited to weekdays. Ms. McKinney stated in the affirmative. Chairman Nollman asked a question regarding hours. Ms. McKinney stated from 6:30am-6pm. Chairman Nollman made an inquiry regarding fencing. Ms. McKinney stated her back yard is currently fully enclosed by a privacy fence. Chairman Nollman asked if any additional lighting will be added. Ms. McKinney stated she currently has a motion light and does not plan to add any additional lighting. There were no comments from the public. Jane Pusa, Alderman Ward 2, stated she has received no feedback from neighbors regarding this request. Alderman Pusa added that based upon the information presented she was in favor of this request. With no further discussion, Chairman Nollman asked for a motion. 79-DEC18: A motion was made by Rebecca Boyer to APPROVE. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 6-0. ➢ 80-DEC18 - Governor French Academy - A request for a Sign Installation Permit in the Area of Special Control at 219 West Main Street (Parcel Number 08-21.0-436-045) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 2 Phillip Paeltz, Headmaster of Governor French Academy, is requesting to install an electronic active sign as a replacement to a static sign which has currently been in place for 33 years. Headmaster Paeltz added the sign location should not interfere with traffic flow as it is located away from the intersection. Ron Herbert, a parent of a Governor French Academy student who is spearheading the campaign for the new sign, added they believe this would give the school an avenue to advertise upcoming events and let the public know they are a school. Don Rockwell asked about the brightness of the sign and requested the sign be set to the appropriate brightness at night as to not cause any Meeting minutes ~ Zoning of Appeals December 20, 2018  Page |3 distractions. Mr. Herbert stated the school was currently in the early phases of researching screens and programs and would ensure the screen would dim after dark. Steve Zimmermann asked to verify if the screen will be located in the same location as the current sign. Mr. Herbert verified it will be located in the same location. Rebecca Boyer asked if this will be exclusively advertising for the school or if they would include community events or other businesses. Mr. Herbert stated they would be school only events. Annissa McCaskill, Economic Development, Planning and Zoning Director, clarified that by City Code they can only advertise for themselves or things relevant to the location. Carrie Smith, a staff member at Governor French Academy, spoke in favor of the request. In addition to being a staff member, she is a grandmother of three students and believes this will be an asset to promoting the school. Earnest Goyea, a parent of three students at Governor French, spoke in favor of the request. He believes this will be a nice addition to market the school as its building is often overlooked and thought to be an office. Sean Jordan, Chief Officer of the Parent, Teacher and Student Organization, and parent of two students at Governor French Academy, spoke in favor of this request. Mr. Jordan feels this sign will be an asset and a benefit to students in continued technology education. Samuel Berkley, student at Governor French Academy, spoke in favor of the sign. He has missed fundraisers and events and believes this sign will help both students and the public know when events are happening. Jane Pusa, Alderman Ward 2 spoke in favor of the request. With no further discussion, Chairman Nollman asked for a motion. 80-DEC18: A motion was made by Don Rockwell to APPROVE. It was seconded by Steve Zimmerman. All members present voted in the affirmative. The motion carried 6-0. ➢ 81-DEC18 - Roger and Laura Dunning - A request for a Special Use Permit for a liquor license for a bar at 1201 East Main Street (Parcel Numbers 08-22.0-416-012 and 08-22.0-416-011) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 7 Roger and Laura Dunning stated their desire to open a bar at 1201 East Main Street. Mr. Dunning stated their intention for this is an old fashioned neighborhood bar. Rebecca Boyer asked if parking was sufficient for patrons and if it would interfere with the neighbors. Mr. Dunning stated when speaking with neighbors parking issues in the past were linked to the previous owner's Friday night fish fry. He continued to say they will not be serving food and do not anticipate the same volume of business previously associated with the food sales. Ms. Dunning added she believed the capacity for their space to be no more than 40 patrons. Steve Zimmerman inquired if the entire building will be utilized. Mr. Dunning stated they will not be using the previous restaurant space. The building owner currently runs his catering business from the previous kitchen and restaurant space; therefore, cutting down on usable space within the building. Mr. Dunning added they will be using the fenced in outdoor area located along East Main Street as outdoor seating.. Don Rockwell asked if they would have bands or live music. Mr. Dunning responded there would be no music outside, but may have karaoke or a one-man band inside. Mr. Dunning added the facility is not large enough for anything more. Chairman Nollman asked if any additional lighting will be added. Mr. Dunning stated he had no plans for additional lighting as there is currently a streetlight and security lighting in place. Chairman Nollman asked what the hours of operation would be. Mr. Dunning stated Sunday through Thursday from11am-12am and Friday and Saturday from 11am-1am. Mr. Dunning added he spoke with Mayor Eckert, who serves as the Liquor Commissioner, and they are willing to work with the City to adjust hours to earlier close times if deemed necessary. Chairman Nollman inquired about patrons taking liquor from the premises and littering on nearby properties. Mr. Dunning stated they would not allow patrons to take liquor outdoors in any area other than the currently fenced in area on East Main street. He added there is a privacy fence separating the parking area from the adjacent residential property which should prevent patrons from walking through or littering on said property. Mitoshia Scott asked what type of signage they were going to use. The Applicants both stated they only plan on window clings at this time. Neighbor Stephen Reinhardt spoke in favor. Mr. Reinhardt did have an inquiry as to where they will have their smoking location. Meeting minutes ~ Zoning of Appeals December 20, 2018  Page |4 Mr. Dunning stated gates will be added to the fenced in area located along East Main. The outdoor seating area will only be accessible from the interior of the bar to help ensure they can regulate patrons taking drinks outdoors. Mr. Dunning added his saying is "We are a neighborhood bar in your neighborhood." and they intend to be good neighbors. With no further discussion, Chairman Nollman asked for a motion. 81-DEC18: A motion was made by Rebecca Boyer 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 6-0. Rebecca Boyer made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted in the affirmative. Chairman Nollman adjourned the meeting at 7:36 p.m. Respectfully submitted, Amy Toenjes, Economic Development, Planning, & Zoning Department Meeting minutes ~ Zoning of Appeals December 20, 2018