Zoning Board of Appeals

Page 1/6 CITY OF BELLEVILLE, ILLINOIS ZONING BOARD OF APPEALS January 27, 2022 Meeting Minutes Members: Deborah Brennan Present Ryan Moore Present Tim Price Present Don Rockwell Present Steve Zimmerman Excused Mitoshia Scott Present Dan Nollman, Chairman Present Staff present: Cliff Cross, Director of Economic Development, Planning & Zoning Shari Blakeslee, Planner and GIS Coordinator Penny Moore, Secretary, Economic Development, Planning & Zoning Public present: Pat Maher Hamilton Calliston Beth Ortega Makenzie Fietsam Greg Partlow Bruce Reese Glen McElligott Stacy Reese Tim Miesner Kinsey Mordini Monica Hillebrand City Council Members present: Alderman Phil Elmore Alderman Chris Rothweiler Alderwoman Dr. Mary Stiehl The meeting was called to order via video/tele-conference at 7:00 PM by Chairman Dan Nollman. Roll was called and a quorum declared. A motion was made by Don Rockwell to approve the minutes from the December 16, 2021, Zoning Board of Appeals meeting. The motion was seconded by Ryan Moore. The motion carried 6-0 with all present members voting in the affirmative. Chairman Nollman noted that the Zoning Board cases heard at this meeting would be considered at the Monday, February 7, 2022, City Council meeting. The following cases were heard: A. 01-JAN22-Tim Miesner-United Ink: Request for a Sign Installation Permit in the Area of Special Control at 7 S High Street (08- 21.0-445-023) located in a “C-2” Heavy Commercial District. (Applicable sections of the zoning code: 155.052, 155.053) Ward 6 B. 02-JAN22-Tim Miesner-United Ink: Request for a Sign Installation Permit in the Area of Special Control at 28 East Main St. (08- 21.0-445-021) located in a “C-2” Heavy Commercial District. (Applicable sections of the zoning code: 155.052, 155.053) Ward 6 Chairman Nollman stated that the two cases would be heard together but the cases were voted upon separately. Tim Miesner explained two separate requests were required, due to the restaurant holding two addresses. Mr. Miesner added his request is for door graphics on the front, East Main Street side and an illuminated sign facing South High Street. Mr. Miesner mentioned that his client, Seven Sushi, is going through rebranding which includes signage to display their new logo. Mr. Miesner described the sign requests to include on their South High Street side, a hanging sign for their restaurant and an illuminated sign. On the East Main Street side, the requests also include installation of a door decal. He will also be replacing a sign face panel to Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022  Page 2/6 the existing sign located above Seven’s front door but is not part of these requests as the panel replacement is considered maintenance. (7:11 PM) Cliff Cross commented that when staff reviews signage requests, the criteria of ordinance 155.05.03 is compared to the request. The primary criterion of this ordinance are if the requested signage is similar to the graphic size and shape and if the materials are compatible. Mr. Cross said that these requests met those criteria, adding that it does fit and is similar in nature with the existing graphics from other businesses on East Main Street and South High Street. (7:12 PM) Chairman Nollman asked what the front door’s graphic consist of in content. Mr. Miesner answered that the graphic would have their new logo and hours of operation. Mr. Miesner explained more, on his own accord, about the South High Street signage. (7:16 PM) 01-JAN22-Tim Miesner-United Ink: A Motion was made to APPROVE the Request for a Sign Installation Permit in the Area of Special Control at 7 S High Street by Don Rockwell. It was seconded by Mitoshia Scott. The motion carried 6-0. (7:18 PM) 02-JAN22-Tim Miesner-United Ink: A Motion was made to APPROVE the Request for a Sign Installation Permit in the Area of Special Control at 28 East Main St. by Don Rockwell. It was seconded by Ryan Moore. The motion carried 6-0. (7:20 PM) C. 03-JAN22-Kinsey Mordini-Avenue Realty Associates: Request for a Use Variance to permit multi-use of the property located at 122 Mascoutah Ave (08-22.0-348-010) to allow the second floor for single family residence and main level to be used as a realtor office located in an “A-1” single family district. (Applicable section of the zoning code: 162.570) Ward 7 (7:20 PM) Kinsey Mordini explained her request for a Use Variance to allow the property she recently purchased at 122 Mascoutah Avenue to utilize the main floor as her real estate office. Ms. Mordini added that she has already received a Residential Occupancy Permit for the second floor, which she resides in. (7:21 PM) Chairman Nollman asked if the doorway leads up to the upstairs apartment and if the doorway also leads into the downstairs area. Ms. Mordini answered stating that the barndoor shown in supportive documentation will receive a new build out that will include an entrance into the real estate office. Chairman Nollman also asked if there was a basement to the property. Ms. Mordini explained that the property is on a concrete slab. Chairman Nollman asked what parking would be available. Ms. Mordini stated that she has her own private parking in the rear of the building and office parking would be available in the public lot across the street. Cliff Cross clarified the request, mentioning that this case is classified as a mixed type of use as a legal non-conforming use, by operating the upstairs as an apartment. Mr. Cross continued adding, Ms. Mordini is trying to reestablish a mixed-use type of development with the office being downstairs. Our ordinance does not call out mixed use developments. Therefore, Ms. Mordini’s only option was to go through the use variance process which allows one to apply for a specific use for a specific piece of property that has not been identified as permitted by right or eligible for a Special Use Permit in the underlying zoning district. This request is for a Use Variance for a Mixed-Use Development, which will then make the property conforming for her and allow her to receive a one hundred percent (100%) rebuild or whatever Ms. Mordini may need for insurance, loans, etc. Don Rockwell asked if she planned to live upstairs while she has a real estate business downstairs. Ms. Mordini answered yes. (7:25 PM) Mr. Cross mentioned that there were no public written comments to enter into the record. There were also no requests to publicly speak either for or against this case. Alderman Phil Elmore asked if the upstairs unit were to be rented, transitioning from an owner-occupied to a rented property, would the Applicant have to go before the Zoning Board of Appeals again. Cliff Cross answered no, as the only way the Applicant would lose the Use Variance is if operations were to cease for more than a period exceeding twelve (12) months. Adding, the Use Variance will also remain in effect if ownership were to change hands, unless a condition was added to the recommendation. (7:27 PM) 03- JAN22-Kinsey Mordini-Avenue Realty Associates: A Motion was made to APPROVE the Request for a Use Variance to permit multi-use of the property located at 122 Mascoutah Ave by Ryan Moore. It was seconded by Mitoshia Scott. The motion carried 6-0. (7:29 PM) D. 04-JAN22-Bruce and Stacy Reese: Request for a Use Variance for a garage to be built in which one corner of the garage will come within 17 feet of Mitchell Lane at 225 Southgate Drive (07-12.0-417-028) located in an “A-1” Single Family District. (Applicable section of the zoning code: 162.092, 162.570) Ward 8 Bruce and Stacy Reese described their request for a use variance to build a garage. Mr. Reese explained that there are three (3) streets that touch their property. Therefore, the city has stated that there is no definable front yard. To build a structure, it has to Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022  Page 3/6 be twenty-five (25) feet away from the front yard street. The garage would be within seventeen (17) feet from one of the streets, whereby requiring a variance. Don Rockwell asked if the garage was planned to be built near the Reese’s circle driveway, near Mitchell Lane. Mr. Reese said yes. Mr. Rockwell asked how the garage would be constructed and if the façade would be consistent with the neighborhood. Mr. Reese answered that the garage would be sided with light grey siding. (7:33 PM) Tim Price mentioned that the submitted sketch shows the location of the building with a seventeen (17) foot measurement is an extension of the side wall. It would be less than seventeen feet when drawn perpendicular to the side road (Mitchell Lane) and asked if the applicants knew what that distance would be because it may cause visibility issues to the intersection. Mr. Reese stated that he walked in front of their home onto Southgate Drive and estimated where he thought the corner of the garage would be and walked down the street to see how far away you would have to be before the garage would block the view of traffic. Mr. Reese stated that one would have to be almost between his neighbor’s house and his house before the garage would block the view. (7:35) Cliff Cross mentioned that this is a class case of hardship that would be eligible for a variance but agrees their may be a line of site issues. Mr. Cross recommended that if the applicants are approved for the variance, that they must go through the review process to ensure that it meets engineering requirements. Mr. Cross added that the Applicant needs reassurance that he may have relief from the set back requirements so that the garage design may begin. Mr. Cross mentioned that you may wish to add it some flexibility in terms of how this is designed with a predetermined set back. (7:37 PM) Tim Price shared concern that the seventeen feet should be measured parallel to Mitchell Lane. Therefore, at that location with that measurement, a seventeen (17) foot variance would not work. It would need to be a lesser amount. Cliff Cross mentioned that the code states that any lot abutting a right of way is considered a front yard, whereby subject to the front yard setbacks of a primary building. Regarding corner lots, which this is not a corner lot, the code mentions you may go one-half of the distance, which would get you to approximately twelve and a half (12.5) feet. This is technically the entire front yard. There is no separation of front or rear lot lines. Tim Price asked if the mentioned measurement of seventeen (17) feet was to the edge of Mitchell Lane or to the right of way of Mitchell Lane. Mr. Reese answered that it was to where the concrete starts. Tim Price mentioned the right of way is somewhere beyond that. Cliff Cross mentioned that you have three (3) feet of terrace on the inside of each improved surface. Tim Price stated that it could be twenty-five (25) to fifty (50) feet from the center of the road. Don Rockwell agreed that there should be a review of the site plan prior to the issuance of a building permit. (7:40 PM) 04-JAN22-Bruce and Stacy Reese: A Motion was made to APPROVE the Request for a Use Variance for a garage to be built in which one corner of the garage will come less than twelve (12) feet from the right of way line of Mitchell Lane at 225 Southgate Drive by Tim Price. It was seconded by Ryan Moore. The motion carried 6-0. (7:45 PM) E. 05-JAN22 – G Level and Squared (DBA: The Harp Pub): Request for a Special Use Permit for a liquor license and outdoor dining at 1112 West Main (08-21.0-335-003 & 08-21.0-335-004) located in a “C-2” Heavy Commercial District. (Applicable sections of the zoning code regarding Special Use Permit for a liquor license: 162.248, 162.515; Applicable section of the zoning code for outdoor seating; 162.248, 162.515) Ward 5 Greg Partlow and Glen McElligott, owners of G Level and Squared, explained their request for a Special Use Permit for a liquor license and outdoor dining at 1112 West Main Street, as they wish to open an Irish-themed restaurant and pub. (7:48 PM) Ryan Moore asked where the patio/deck would be located because from the drawings it looks like the deck would encroach on the neighboring property. Mr. Partlow explained that the property next door belongs to the Historical Society, and they are allowing G Level and Squared to put the deck on their property. Ryan asked Cliff Cross if they have the authority to this agreement. Mr. Cross explained that because they have the authority in the agreement it allows the applicant to construct the deck that does meet code requirements. Mr. Cross continued stating that the deck will be constructed without permanent footings, whereby allowing it to easily be dismantled if need be. Don Rockwell asked if there would be lighting on the patio. Mr. Partlow answered that there would be some lighting that will be incorporated into their agreement with the city. Chairman Nollman asked if security measures would be put into place. Mr. Partlow answered that they are working with ADT, who is planning a security system for the interior and exterior of the building to include cameras. Chairman Nollman asked if they plan to use the upstairs of the property. Mr. Partlow answered that the upstairs will not be used at this time. Chairman Nollman asked if they planned to play music outside. Mr. Partlow answered that they do plan to have some live entertainment. Chairman Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022  Page 4/6 Nollman reminded the applicants to remember and have consideration of their neighbors with the loudness of outdoor music. (7:53 PM) Mr. Cross mentioned that there were no public written comments to enter into the record. There were also no requests to publicly speak either for or against this case. 05-JAN22 – G Level and Squared (DBA: The Harp Pub): A Motion was made to APPROVE the Request for a Special Use Permit for a liquor license and outdoor dining at 1112 West Main in the name of the Applicant only by Deborah Brennan. It was seconded by Ryan Moore. The motion carried 6-0. (7:55 PM) F. 06-JAN22 – Back Home Properties, LLC: Request for a Special Use Permit for a Bed and Breakfast at 510 South Douglas Ave (08-26.0-103-003) located in the A-1, Single Family Residential District. (Applicable section of the zoning code: 162.094, 162.515) Ward 7 Applicants, John Allen and Allison Martychenko, Back Home Properties, LLC, described the request for a Special Use Permit for a Bed and Breakfast. Mr. Allen explained that they purchased the duplex at 510 South Douglas Avenue in 2018 and have spent three (3) years in remodeling. Mr. Allen continued, they would like to reside in the 508 South Douglas Avenue side of the duplex and rent out the 510 South Douglas Avenue side as an Air Bed and Breakfast (Air BnB). Mr. Allen further explained that they plan to manage the property themselves. (7:57 PM) Ryan Moore asked what the maximum length of stay would be, sharing concern of long-term rentals. Mr. Allen answered that they will conform to city requirements on length of stay, but they were thinking five (5) to ten (10) days maximum stay. (7:59 PM) Deborah Brennan shared her praise to the Applicants for a job well done on the remodeling of the property. Mr. Allen stated that this remodeling was their first venture in home remodeling. Chairman Nollman commented that the backyard was divided with each side fenced. Mr. Allen commented that each side of the duplex has their own privacy side and backyard, that is fenced in, with parking in the rear and front of the property. (8:00 PM) Cliff Cross commented to Ryan Moore’s point of concern with long-term rentals, sharing with the Zoning Board of Appeals members that staff recognizes that there is a need of a standard set of conditions for Air BnBs, because they are in a sense becoming a short-term rental that could eventually skirt the occupancy permit process that is handled for city rental properties. Staff is currently working on regulations that will come to the Board to be discussed. Mr. Cross also clarified that Air BnBs are subject to Hotel/Motel tax and will be required to city registration and business licensing. Penny Moore, Economic Development, Planning and Zoning Secretary and minute taker for Zoning Board of Appeals asked Shari Blakeslee to take minutes for a moment, while she spoke in favor of this case, as a neighbor of the applicant. Ms. Moore mentioned the progression of the remodeling of the property has been enjoyable to watch, as the duplex is now beautiful. Ms. Moore also mentioned that the applicants are good neighbors. (8:05 PM) The minutes from the paragraph above were taken by Shari Blakeslee, GIS Coordinator/Planner for the City of Belleville. Alderman Elmore (Ward 7) spoke in favor of the case. Mentioning, that Alderman Weygandt (Ward 7) looked at the property and gave it his approval, as the property was gorgeous. Alderman Elmore shared that he spoke with the applicants and mentioned to them that Ward 7 has had a poor experience with an Air BnB in the past, as the property was not an Air BnB location officially but being run as such. Adding, the police had to be involved. Alderman Elmore mentioned that Alderman Weygandt and he are very protective of Ward 7 and of having another Air BnB pitfall, as what previously occurred. Alderman Elmore stated these applicants are not going to let any problems happen, as they live next door and turned a dump into a shining diamond. (8:07 PM) 06-JAN22 – Back Home Properties, LLC: A Motion was made to APPROVE the Request for a Special Use Permit for a Bed and Breakfast at 510 South Douglas Ave by Don Rockwell. It was seconded by Ryan Moore. The motion carried 6-0. (7:55 PM) G. 07-JAN22 – MADD Towing, Inc. DBA Double D Auto: Request for a Special Use permit for a used car lot at 101 Premier Drive (08-25.0-301-004) located in a “D-1” Light Industry. (Applicable sections of the zoning code: 162.308, 162.515) Ward 6 Darrin Dockins, owner of MADD Towing, doing business as Bob Johnston Towing and Double D Auto, explained his request for a Use Variance to be able to sell used vehicles. The vehicles to be sold usually come from impounds, accidents and arrests, as they work with the Sheriff’s Office and the City of Belleville Police Department. (8:11 PM) Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022  Page 5/6 Discussion occurred regarding the use of the property as a towing company and not a junk yard per code section 162.396. Cliff Cross explained that the use of the property as a towing yard is a permitted use but what the applicant is requesting is to sell used vehicles, which requires a Special Use Permit. (8:29 PM) The following public spoke AGAINST the request: Hamilton Callison, Sr. Director, Breakthru Beverage Illinois Belleville, LLC The following emails or letters were received AGAINST the request from the following (attached with these minutes): Hamilton Callison, Sr. Director, Breakthru Beverage Illinois Belleville, LLC The following petitions AGAINST the request were received (attached with this minutes): Robert L. Sweet, Jr., Precision Millwork Co. Rich Fuess, Plumbers and Pipefitters, Local 101 The following Alderman spoke AGAINST the request: Alderman Chris Rothweiler Alderwoman Dr. Mary Stiehl (8:38 PM) 07-JAN22 – MADD Towing, Inc. DBA Double D Auto: A Motion was made to TABLE the Request for a Special Use Permit for a used car lot at 101 Premier Drive until the next Zoning Board of Appeals meeting by Don Rockwell. It was seconded by Mitoshia Scott. The motion carried 5-1. (8:52 PM) H. 08-JAN22 – Makenzie Fietsam: Request for a Special Use Permit to operate a Bed and Breakfast (Air B&B) at 416 South Jackson (08-27.0-112-034) located in an “A-1”, Single Family Residential District. (Applicable section of the zoning code: 162.094, 162.515) Ward 6 Makenzie Fietsam, Realtor, and owner of 416 South Jackson Street explained her request for a Special Use Permit to operate an Air BnB. Brief discussion on the management of the property occurred. Ms. Fietsam explained the purpose of the property is for a nice, short-term, temporary housing option for people that is close to downtown. Ryan Moore asked what the maximum length of stay would be. Ms. Fietsam answered ten (10) days. Chairman Nollman asked how parking would be handled. Ms. Fietsam stated there is street parking and two (2) parking spaces in the rear of the property. The following emails or letters were received IN FAVOR of the request from the following (attached with these minutes): Mr. Nathaniel R. Smith Gail Fietsam (9:02 PM) The following public spoke IN FAVOR the request: Beth Ortega (9:03 PM) The following public spoke AGAINST the request: Pat Maher (9:10 PM) Monica Hillebrand (9:21 PM) The following Alderman spoke IN FAVOR the request: Alderman Chris Rothweiler Alderwoman Dr. Mary Stiehl (9:13 PM) 08-JAN22 – Makenzie Fietsam: A motion was made to APPROVE Request for a Special Use Permit to operate a Bed and Breakfast (Air B&B) at 416 South Jackson by Ryan Moore. It was seconded by Deborah Brennan. The motion carried 6-0. (9:23 PM) Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022  Page 6/6 Ryan Moore made a motion to ADJOURN, which was seconded by Don Rockwell. All members present voted aye. Chairman Nollman adjourned the meeting at 9:27 PM. (9:27 PM) Respectfully submitted, Penny Moore Secretary Economic Development, Planning, & Zoning Department Approved: ____________________________________ Date:____________ Chairman, Dan Nollman Meeting Minutes ~ Zoning Board of Appeals, January 27, 2022