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Zoning Board of Appeals Meeting

Regular Meeting

Urbana, IL · September 15, 2021

AgendaMinutes

Minutes

MINUTES OF A REGULAR MEETING URBANA ZONING BOARD OF APPEALS DATE: September 15, 2021 APPROVED TIME: 7:00 p.m. PLACE: Zoom Webinar _______________________________________________________________________________ MEMBERS ATTENDING Joanne Chester, Adam Rusch, Charles Warmbrunn REMOTELY: MEMBERS ATTENDING Harvey Welch IN PERSON: MEMBERS ABSENT Ashlee McLaughlin, Matt Cho MEMBERS EXCUSED Nancy Uchtmann STAFF PRESENT Katherine Trotter, Planner I; UPTV Camera Operator OTHERS PRESENT Nakia McFarland 1. CALL TO ORDER, ROLL CALL AND DECLARATION OF QUORUM Chair Welch called the meeting to order at 7:01 p.m. Roll call was taken, and he declared a quorum of the members present. 2. CHANGES TO THE AGENDA There were none. 3. APPROVAL OF THE MINUTES The minutes from the July 21, 2021 regular meeting were presented for approval. Mr. Rusch moved that the Zoning Board of Appeals approve the minutes as written. Mr. Warmbrunn seconded the motion. Roll call on the motion was as follows: Mr. Welch - Yes Mr. Warmbrunn - Yes Mr. Rusch - Yes Ms. Chester - Yes The minutes of the July 21, 2021 regular meeting were approved as written. 4. COMMUNICATIONS There were none. 1 September 15, 2021 5. CONTINUED PUBLIC HEARINGS There were none. 6. NEW PUBLIC HEARINGS ZBA-2021-C-02 – A Request by Nakia McFarland for a conditional use permit to allow a home daycare at 1506 Ogelthorpe Avenue in the R-2, Single-Family Residential Zoning District. Chair Welch opened the public hearing for Case No. ZBA-2021-C-02. Kat Trotter, Planner I, introduced the case and gave a brief background of the subject property. She noted the location and zoning of the subject property and talked about the existing home daycare use. She showed photos of the subject property. She summarized staff findings, read the options of the Zoning Board of Appeals and presented City staff’s recommendation for approval with the following three conditions: 1) The daycare will be limited to 20 visits per day (child drop-off and pick-up count as two visits); 2) All drop-offs/pick-ups shall take place in the owner’s driveway or immediately in front of the house. No loading/unloading will be permitted in the alley. The applicant shall not petition the Traffic Commission for a dedicated drop-off/pick-up zone; and 3) The conditional use permit shall expire upon transfer of the property, or after six (6) verifiable nuisance complaints within a twelve-month period related to the operation of the daycare, as determined by the Zoning Administrator. She stated that the applicant was available to answer questions. Chair Welch asked if any members of the Zoning Board of Appeals had questions for City staff. Mr. Rusch asked what the reasoning was for restricting the applicant to not petition the Traffic Commission for a dedicated drop-off/pick-up zone and why would the applicant want one. Ms. Trotter stated that this was a specific recommendation by the Homeowner’s Association because they had some concern about congestion in the alley-way. With there being no further questions from the Board members, Chair Welch opened the hearing for public input. He invited the applicant or the applicant’s representative to speak. Nakia McFarland, applicant, raised her hand to address the Board members about her applications. Chair Welch swore her in. Ms. McFarland stated that she loves her neighborhood. She apologized for not knowing that she needed to apply for a home occupation permit and a conditional use permit. She loves the families that she takes care of and would be very appreciative to be allowed to continue. With there being no further input from the audience, Chair Welch closed the public input portion of the hearing and opened the hearing for discussion and/or motion(s) by the Zoning Board of Appeals. Mr. Warmbrunn moved that the Zoning Board of Appeals approve Case No. ZBA-2021-C-02 with the following conditions: 1) The daycare will be limited to 20 visits per day (child drop-off and pick-up count as two visits); 2) All drop-offs/pick-ups shall take place in the owner’s driveway or immediately in front of the house. No loading/unloading will be permitted in the alley. The applicant shall not petition the Traffic Commission for a dedicated drop-off/pick-up 2 September 15, 2021 zone; and 3) The conditional use permit shall expire upon transfer of the property, or after six (6) verifiable nuisance complaints within a twelve-month period related to the operation of the daycare, as determined by the Zoning Administrator. Ms. Chester seconded the motion. Roll call on the motion was as follows: Ms. Chester - Yes Mr. Warmbrunn - Yes Mr. Rusch - Yes Mr. Welch - Yes The motion passed by unanimous vote. 7. OLD BUSINESS There was none. 8. NEW BUSINESS There was none. 9. AUDIENCE PARTICIPATION There was none. 10. STAFF REPORT Kat Trotter gave a report on the following: • Lorrie Pearson tendered her resignation effective Tuesday, September 14, 2021. Sheila Dodd will serve as the Interim Community Development Services Director. 11. STUDY SESSION There was none. 12. ADJOURNMENT OF MEETING Chair Welch adjourned the meeting at 7:15 p.m. Respectfully submitted, Kevin Garcia, AICP Principal Planner Secretary, Urbana Zoning Board of Appeals 3

Agenda

ZONING BOARD OF APPEALS REGULAR MEETING DATE: Wednesday, September 15, 2021 TIME: 7 :00 P.M. PLACE: Urbana City Council Chambers - Due to COVID-19, this meeting will be held via Zoom Webinar AGENDA 1. Call to Order, Roll Call & Declaration of Quorum 2. Changes to the Agenda 3. Approval of Minutes of Previous Meeting Minutes from the July 21, 2021 Regular Meeting 4. Communications 5. Continued Public Hearings 6. New Public Hearings ZBA-2021-C-02: A request by Nakia McFarland for a conditional use permit to allow a home daycare at 1506 Ogelthorpe Avenue in the R-2, Single-Family Residential Zoning District. 7. Old Business 8. New Business 9. Audience Participation 10. Staff Report 11. Study Session 12. Adjournment NOTE: Please note that the details of a request or application related to an agenda item may change during the public review process. For example, a Major Variance case may be revised to require only a Minor Variance, which may be approved by the ZBA. Persons with disabilities needing special services or accommodations for this meeting should contact staff at (217) 384-2440 or email Planning@urbanaillinois.us. September 15, 2021 INSTRUCTIONS ON HOW TO JOIN THE MEETING and HOW TO PROVIDE INPUT Zoning Board of Appeals Meeting on Wednesday, September 15, 2021 Anyone can watch the meeting on streaming services or UPTV. You can attend virtually via Zoom webinar if you wish to provide public input during the meeting. If you attend the meeting via Zoom webinar, please turn off any sound from other sources such as UPTV, as there will be a lag in the audio. The meeting will be recorded by the City as part of the record. The recorded video will be available on the City's website by noon on the following Friday. Providing Public Input by Email: Staff asks that you submit your written public comments by email by 5:00 pm (Central Time) on Tuesday, September 14, 2021 to Planning@urbanaillinois.us so that it can be included as communications and become part of the official record of the meeting. Due to the high volume of emails, please put ZONING BOARD OF APPEALS - PUBLIC INPUT and the meeting date in the subject line. Providing Public Input from a computer browser or the Zoom app on a mobile device: You will be able to use a phone to call in: • Call 1-312-626-6799. • You will be asked to enter the Webinar ID number, which is 814 4729 2629 followed by the # key. • All callers are muted by default. If you wish to speak, please "raise your hand" by pressing *9 once (this toggles the raise/lower hand option. When called on by the chair or host by your phone number, you will be unmuted and you should state your name for the record per city code*. When you finish speaking, the host will "lower your hand" and mute you - there is no need to press any more buttons. You will be able to use a computer to address the Zoning Board of Appeals: • Join the Zoom meeting here: https://us02web.zoom.us/j/81447292629 • Make sure you have a microphone on your computer if you wish to speak. Please identify yourself with first and last name in Zoom for the record. FCC Guidelines will be followed. • Public participants will be muted during public input. If you wish to speak, please "raise your hand" using the option at the bottom of the screen. • When called on by the chair or host, you will be unmuted and you should state your first and last name for the record per city code." • Video will remain off for all members of the public, even while they are speaking. Persons with disabilities needing special services or accommodations for this meeting should contact staff at (217) 384-2440 or email Planning@urbanaillinois.us. September 15, 2021 PUBLIC INPUT The City of Urbana welcomes Public Input during open meetings of the City Council, the City Council’s Committee of the Whole, City Boards and Commissions and other City-sponsored meetings. Our goal is to foster respect for the meeting process, and respect for all people participating as members of the public body, city staff, and general public. The City is required to conduct all business during public meetings. The presiding officer is responsible for conducting those meetings in an orderly and efficient manner. Public Input will be taken in the following ways: Zoom Webinar Participant Click on the link listed in the agenda to join the Webinar. You must provide your name and email address in order to join the Webinar. If you wish to speak during Public Input, “raise your hand” and wait to be called on by the meeting host. You must state your first and last name for the meeting record. Participants will be muted except when they are called on to speak; video will remain off for all members of the public when speaking. Telephone Participant Call the phone number listed on the Agenda. Enter the Webinar ID followed by the # key. All callers are muted by default. If you wish to speak, “raise your hand” by pressing *9 once. When you are called on by the host or presiding officer, you will be un-muted. You must state your first name and last name for the meeting record. Email Input Public comments must be received prior to the closing of the meeting record (at the time of adjournment unless otherwise noted) at the following: Planning@urbanaillinois.us. The subject line of the email must include the words “PUBLIC INPUT” and the meeting date. Emailed public comments labeled as such will be incorporated into the public meeting record, with personal identifying information redacted. Copies of emails will be posted after the meeting minutes have been approved. Written Input Any member of the public may submit their comments addressed to the members of the public body in writing. If a person wishes their written comments to be included in the record of Public Input for the meeting, the writing should so state. Written comments must be received prior to the closing of the meeting record (at the time of adjournment unless otherwise noted). Persons with disabilities needing special services or accommodations for this meeting should contact staff at (217) 384-2440 or email Planning@urbanaillinois.us. September 15, 2021 Verbal Input Protocol for Public Input is one of respect for the process of addressing the business of the City. Obscene or profane language, or other conduct that threatens to impede the orderly progress of the business conducted at the meeting is unacceptable. Public comment shall be limited to no more than four (4) minutes per person. The Public Input portion of the meeting shall total no more than one (1) hour, unless otherwise shortened or extended by majority vote of the public body members present. The presiding officer or the city clerk or their designee, shall monitor each speaker's use of time and shall notify the speaker when the allotted time has expired. A person may participate and provide Public Input once during a meeting and may not cede time to another person, or split their time if Public Input is held at two (2) or more different times during a meeting. The presiding officer may give priority to those persons who indicate they wish to speak on an agenda item upon which a vote will be taken. The presiding officer or public body members shall not enter into a dialogue with citizens. Questions from the public body members shall be for clarification purposes only. Public Input shall not be used as a time for problem solving or reacting to comments made but, rather, for hearing citizens for informational purposes only. In order to maintain the efficient and orderly conduct and progress of the public meeting, the presiding officer of the meeting shall have the authority to raise a point of order and provide a verbal warning to a speaker who engages in the conduct or behavior proscribed under “Verbal Input”. Any member of the public body participating in the meeting may also raise a point of order with the presiding officer and request that they provide a verbal warning to a speaker. If the speaker refuses to cease such conduct or behavior after being warned by the presiding officer, the presiding officer shall have the authority to mute the speaker’s microphone and/or video presence at the meeting. The presiding officer will inform the speaker that they may send the remainder of their remarks via e-mail to the public body for inclusion in the meeting record. Accommodation If an accommodation is needed to participate in a City meeting, please contact the Planning Division staff at least 48 hours in advance so that special arrangements can be made using one of the following methods: • Phone: 217.384.2440 • Email: Planning@urbanaillinois.us Persons with disabilities needing special services or accommodations for this meeting should contact staff at (217) 384-2440 or email Planning@urbanaillinois.us.

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