City of Fairview Heights Planning Commission met April 11.
Here is the minutes as provided by the commission:
1. Call to Order
The meeting was called to order at approximately 7:00 p.m. by Chairman Jim Bramstedt with
(10 members) in attendance: Pat Herrington, Larry Mensing, Pat Wesemann, Linda Hoppe, Don
Barkley, Kelly Smith, Corey Sudja, Nick Correale and Patrick McCarthy. Also in attendance
were Tim Tolliver(Director of Land Use), Jim Gehrs(Attorney), Sarah Mecklenburg(Court
Reporter) and Kendra Tucker (Secretary).
2. Citizens Comments
None
3. PC03-17, Special Use Permit – AG 159 LLC, 5329 North Illinois, (03-33.0-210-028)
Director Tolliver presented the staff advisory for PC03-17 to the commission.
Herrington asked if Tolliver could elaborate on the staff advisory where it states “under
previous approval the building expansion has not been completed but is continuing.” Tolliver
stated that the work is continuing because the interior has not been completed yet but they are
within the building code requirements.
Barkley asked if this would be two different uses in the same building. Tolliver stated that it
would be two different uses.
The applicant was present.
Amit Patel, 5329 North Illinois, Fairview Heights was sworn in.
Patel explained his request to the commission.
Herrington asked what the hours would be. Patel stated that the liquor store is open until 11
PM during the week and midnight on weekends but the bar would close at 10 PM every day.
Patel stated the bar would be like Uncle’s Festers or Ruby’s and that he would provide beer
but not hard alcohol. Patel also stated that the Gaming Board wants establishments to have an
on premise liquor license for them to approve a gaming license.
Bramstedt asked Tolliver if the commission approved the request and the applicant was
denied a liquor license if the approval would be good in perpetuity. Tolliver stated that the
approval would be good for one year and then it would expire.
Bramstedt asked the applicant if he was concerned about the lack of parking spaces available
on the property. The applicant stated he was not sure how he could resolve this because there
in not any more land available to him.
Wesemann asked the applicant where people would park if he doesn’t have enough parking.
Patel stated that he had 17 parking spaces but doesn’t have the space to create 23 spaces that
are required by code.
There were 0 to in favor of the application.
There were 2 to speak in opposition of the application
Lea Kwapis of 208 Lake Stratford Drive, Fairview Heights was sworn in.
Kwapis stated her concern over the lack of parking and traffic concerns. Also, she stated she
was concerned that it would create loitering and trash problems.
Pat Baeske of Fairview Heights was sworn in.
Baeske stated she was contacted by two residents who had concerns over the lack of parking
on the applicant’s property.
Bramstedt closed the public portion of the meeting.
The commission discussed the parking issue further.
Herrington made a motion to deny PC03-17.
Planning Commissioner Herrington introduced the following resolution and moved for its
adoption:
Resolution Pc 003 -17
A Resolution Adopting Findings of Fact Pc003-17 relating to a
request from Ag 159 Llc, Amit Patel, to deny a special use permit
within “B-3” Community Business District Zoned Property for
Bar/Tavern Establishment located at 5329 N. Illinois
Whereas, Ag 159 Llc, hereinafter referred to as the “Applicant,” has properly
applied for a special use permit for Bar/Tavern Establishment within the “B-3” Community
Business District located at 5329 N. Illinois, Pin # 03-33.0-210-028.
Now therefore, be It resolved by this Planning Commission Of The
City Of Fairview Heights, St. Clair County, State Of Illinois
that the findings of fact relating to the request are determined to be as follows:
1. That the Applicant appeared before the Planning Commission for a public hearing pursuant
to Section 14-10-8 of the City of Fairview Heights Development Code on April 11, 2017 and
that said public hearing was properly advertised and that the minutes of said public hearing
are hereby incorporated by reference.
2. The subject property, 5329 N. Illinois, is zoned “B-3” Community Business District. The
parcel of land is approximately 17,605 square feet of area with a 6,200 square foot building
containing a liquor store.
3. That this permit will require any changes to traffic circulation and ingress/egress.
4. That this permit will require any changes to lighting, landscaping, or the existing site usage.
5. That the proposed use will be unduly dangerous or otherwise detrimental to persons residing
or working in the vicinity of the use or to the public welfare.
6. That the proposed use will substantially adversely impair the use, enjoyment, or market value
of any surrounding property.
7. That the proposed use will be hazardous or disturbing to existing neighboring uses.
8. That the proposed use will be served adequately by public facilities and services such as
highways and streets.
9. That the proposed use will create excessive additional requirements at public cost for public
facilities and services, and it will be detrimental to the economic welfare of the community.
10. That the proposed use will involve activities and uses that will be detrimental to any persons,
property, or the general welfare by reason of excessive production primarily of traffic, noise,
smoke fumes, glare or odors.
11. The proposed use will not be consistent with the Comprehensive Plan.
12. That this Special Use Permit denial will not allow for the applicant’s use of business zoned
property for a 600 square foot bar/tavern at the property as it is proposed per the
Development Plan by the Applicant.
The motion for the adoption of the foregoing resolution was duly seconded by; Smith
upon vote being taken thereon, the following voted in favor thereof: Herrington, Hoppe,
Mensing, Wesemann, Correale, Smith, McCarthy, & Bramstedt
and the following voted against the same: Sudja & Barkley
and the following abstained: None
and the following were absent: None
whereupon said resolution was declared duly passed and adopted by the Fairview Heights
Planning Commission this the 11th day of April 2017.
4. New Business
None
5. Announcements
Tolliver announced that the economic statement should be turned in to St. Clair County by May 1st
.Adjournment – Meeting adjourned at approximately 7:45 p.m. The next regularly scheduled
meeting of the Fairview Heights Planning Commission will be May 8, 2017 at 7:00 p.m. in the
Council Chambers of the Fairview Heights Municipal Complex, 10025 Bunkum Road, Fairview
Heights, Illinois
http://www.cofh.org/AgendaCenter/ViewFile/Agenda/_05092017-838
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