City of Belleville Zoning Board of Appeals met December 21.
Here is the minutes provided by the Board:
Members: Rebecca Boyer Present
Tim Price Present
Don Rockwell Present
Scott Ferguson Present
Toni Togias Excused
Steven Zimmerman Present
Dan Nollman, Chairman Present
Staff present: Annissa McCaskill, Economic Development, Planning, & Zoning Director
Kari Tutza, Economic Development, Planning & Zoning Dept.
Joel Glasscock, Planner/GIS coordinator
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 Yes Alderman Kent Randle Yes
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 Yes Alderman Roger Barfield Yes
Public present: Gene Schoenborn, Louise Ishibashi, Kent Ishibashi, David McIlravy Debbie Menard, Cartessia Taieb, Javeya Barr, Bob Vahlkamp, Bell Bell, Shirley Vaughn, Willie Vaughn, John Boyle, Rick Vernier, Mike Thouvenot, Scott Schmelzel, Denise Walker, Jeff Bair, Zachary Bair, unknown name
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 Nollman. Roll was called and a quorum declared.
Chairman Nollman noted that all Zoning Board cases heard at this meeting will be considered at the January 2, 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 November 16, 2017 Zoning Board of Appeals meeting minutes. No corrections were made hence the minutes were approved by the Board.
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The following cases were heard:
➢ 67-DEC17-MER Signs (Collector’s Corner) - A request for a Sign Installation Permit in the Area of Special Control for signage at 125 East Main Street (Parcel: 08-22.0-333-033) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 2
John Stordoff of MER Signs stated that he submitted a sign application to the City of Belleville Building department and was told that he would be contacted soon. He hadn't heard back from that staff member, so he called in and inquired on the application. The staff member he spoke to said that he "was good to go" so they proceeded with installing the sign. They later received a phone call from a different staff member who ordered them to cover the sign until approved by City Council.
Ms. McCaskill noted that the application submitted stated "indirectly" lit; the applicant clarified that the sign will be "internally" lit.
There were no public comments made regarding this request.
Aldermen comments: Jane Pusa of Ward 2, had not heard any opposing arguments from her constituents regarding this request.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Scott Ferguson to Approve the request. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 6-0.
The following two cases were heard together, but voted upon separately.
➢ 68-DEC17-Willie and Shirley Vaughn - A request to Rezone the property at 9454 West Main Street (Parcel: 02-35.0- 421-034) from "C-1" Light Commercial District to "C-2" Heavy Commercial District and to allow the new "C-2" District to maintain an area below 10 acres. (Applicable sections of the Zoning Code: 162.020, 162.230 through 162.233, 162.245 through 162.248, 162.590) Ward 8
➢ 69-DEC17-Willie and Shirley Vaughn - A request for a Special Use Permit to establish multi-family dwellings at 9454 West Main Street (Parcel: 02-35.0-421-034) currently located in a "C-1" Light Commercial District. Note: a Special Use Permit for multi-family dwellings at this parcel is contingent on rezoning to "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.232, , 162.248, , 162.245 through 162.248, 162.515) Ward 8
Applicant Willie Vaughn explained the request stating that he will use the first floor as a barber/salon business, the second floor will be two (2) apartments, and the third floor will be a loft apartment. The apartment entrances will have a separate entrance on the side of the building, with the commercial business having the entrance in the front of the building. There is suitable parking for both uses.
Aldermen comments: Roger Wigginton of Ward 8 spoke in favor of the rezoning request, but had concerns with the multi-family dwelling request. He stated that he and Roger Barfield of Ward 8 were concerned with the following issues; making sure that the applicant is aware of City regulations and requirements as well the Crime Free Housing Program, overcrowding of occupants, and overall safety of the tenants.
Ms. McCaskill noted that the Board's task was to make a recommendation, or not, on the suitability of multi-family dwellings for this location; not how many units should be allowed. The number of units and their occupants allowed will be determined by the Fire and Building departments.
Mr. Vaughn stated that he is currently a landlord and makes frequent self inspections, on top of following all required City rules and regulations. He said that Alderman Wigginton's concerns regarding the tenants guests visiting too long or not leaving after the visit, is hypothetical but he does not foresee this being a problem at his property.
William Bell of Bell Construction has been hired as the project's contractor. He explained the plans in detail giving square footage and a timeline of completion being two (2) to (3) months.
There were no public comments made regarding this request.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Don Rockwell to Approve the request the rezoning request for case #68-Dec17. It was seconded by Rebecca Boyer. All members present voted in the affirmative. The motion carried 6-0.
A motion was made by Scott Ferguson to Approve the request to establish multi-family dwellings for case #69- Dec17. It was seconded by Rebecca Boyer. All members present voted in the affirmative. The motion carried 6-0.
➢ 70-DEC17-Zachary Bair and Jeffrey Bair (Grimm & Gorly/Pour/Cupcakes Too) - A request for a Sign Installation Permit in the Area of Special Control for signage at 322 East Main Street (Parcel: 08-22.0-340-008) and 324 East Main Street (Parcel: 08-22.0-340-024) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6
Applicants Jeffrey and Zachary Bair explained the location of the proposed signs. All are flush mounted, non illuminated signs.
There were no public or aldermen comments made regarding this request.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Steve Zimmerman to Approve the request. It was seconded by Rebecca Boyer. All members present voted in the affirmative. The motion carried 6-0.
➢ 71-DEC17-David McIlravy (Stoney’s) - A request for a Use Variance for a liquor license for Stoney's Sports Pub, a legally non-conforming use, at 3001 West Main Street (Parcel: 08-17.0-327-007) located in a "C-1" Light Commercial District. (Applicable sections of the Zoning Code: 162.570, ,162.470, 162.474) Ward 3
➢ 72-DEC17-David McIlravy (Stoney’s) - A request for a Use Variance to permit outdoor dining at 3001 West Main Street (Parcel: 08-17.0-327-007) located in a "C-1" Light Commercial District. (Applicable sections of the Zoning Code: 162.232, , 162.570) Ward 3
Ms. McCaskill announced that after speaking to the City Attorney previous to the Zoning Board meeting; Mr. McIlravy does not need a variance for "outdoor dining" because his type of business is not considered a restaurant, but a Vendor of Food. In which case, Case #72-Dec17 would not be heard at the Zoning Board meeting.
Applicant David McIlravy explained his business plan which is to keep the current business as a local neighborhood bar. There is no kitchen food served besides pizza and popcorn.
The Board asked several questions such as; is there a time limit that liquor can be served outdoors, will exterior lighting be added, will there be outdoor entertainment, and what will the hours of operation be. Ms. McCaskill answered that the Mayor will determine the hours of operation. Mr. McIlravy answered that he'd like to open early to offer coffee, he would like to add ambience lighting under the awning, and there will not be outdoor entertainment except maybe on opening day. Mr. McIlravy stated that he understands there are neighbor concerns and he is willing to eliminate the outdoor speakers and continue to keep the maintenance of the property looking good. He also stated that he wants to be a friend and good neighbor to his neighbors. He lives approximately eight (8) blocks away and has lived there almost thirty (30) years.
Public comments in favor: Mike Roweather stated that he has been a fine citizen of Belleville for over thirty (30) years. He is a "neat freak" at his own property and is a great neighbor. He believes that the minor improvements to be made will only be positive.
Don Kutz stated that the applicant is a great neighbor. He stated that this building has always been a neighborhood bar for over fifty (50) years and he's been a patron for over thirty-five (35) years. He said that he and his wife go to the bar because it's a good, safe place to visit.
Denise Walker stated that she is the current manager and has been managing the business for over ten (10) years. She said that the patrons are good, hard working people.
Jean Schanborn stated that the applicant is a hard working person and the property will be well kept with Mr. McIlravy owning the establishment.
Public comments in opposition: Kent Ishibashi submitted pictures and a petition. He stated that he's lived at his residence for thirteen (13) years and all has been fine until outdoor seating and speakers were added about three (3) years ago. The noise level is too high and too much trash are main concerns.
Louise Ishibashi stated that she's lived at his residence for thirteen (13) years and all has been fine until outdoor seating and speakers were added about three (3) years ago. The noise level is too high and excessive traffic/parking issues.
Chairman Nollman read aloud the petition.
Cartessia Ben Taieb stated that she is not in opposition to the request except the outdoor noise level due to the outside drinking and the use of speakers. She has lived at her residence almost twenty (20) years and the business was fine until the use of the outdoor tables and speakers were established.
Teresa Miller Ball read a statement on behalf of her aunt; stating that the noise level is too high when the customers are outside drinking. She also noted that she felt unsafe after finding beer bottles under her window flower box.
Alderman comments: Kent Randle of Ward 3 spoke on both the comments made by the persons in approval and in opposition; He believed that both parties have good arguments. He believes that Mr. McIlravy has good intentions and will try to be a good neighbor and business owner.
Scott Tyler of Ward 3 stated that Mr. McIlravy contacted him and asked if he had ever heard of any issues at the establishment; the only issue Alderman Tyler had ever heard was due to the outdoor noise. He had not heard from any of the constituents that were present at this meeting, save the applicant Mr. Ilravy. He stated that Mr. Ilravy stated that he wants to be a good business owner and work with the City in regards to following all the regulations.
Mr. McIlravy stated that there is presently an employee that walks around the business, within the neighborhood, to pick up any trash every morning. He noted that there could be other people leaving trash besides the bar patrons, but he will continue to employee this practice of policing the neighborhood for excessive trash. He also stated that there are three (3) tables, with four (4) chairs under the awning near the front entrance facing West Main Street and he would like to continue to utilize them. He wants to be a good neighbor and thanked everyone for coming out to speak on this request.
With no further discussion, Chairman Nollman asked for a motion. A motion was made by Rebecca Boyer to Approve the request with the following stipulations: (1.) In the name of the applicant only (2.) No outdoor speakers allowed (3.) No liquor allowed outdoors after 10:30 p.m or 11:00 p.m. It was seconded by Steve Zimmerman. All members present voted in the affirmative. The motion carried 6-0.
➢ 73-DEC17-Mike Thouvenot (Crafty Candy Co.) - A request for a Sign Installation Permit in the Area of Special Control for signage at 104 East Main Street (Parcel: 08-22.0-338-006) located in a "C-2" Heavy Commercial District (Applicable sections of the Zoning Code: 155.052, 155.053) Ward 6
➢ 74-DEC17-Mike Thouvenot (Crafty Candy Co.) - A request for a Special Use permit for outdoor dining at 104 East Main Street (Parcel: 08-22.0-338-006) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 6
Applicant Mike Thouvenot clarified the name of the business being Crafty Sugar Company, not Crafty Candy Company. He explained the location of the sign, noted that he'll have a few tables in the bump out, and said that he'll be painting the building to be more astatically pleasing. He plans to be open beginning of March 2018.
A motion was made by Rebecca Boyer to Approve the request the signage request for case #73-Dec17. It was seconded by Scott Ferguson. All members present voted in the affirmative. The motion carried 6-0.
A motion was made by Scott Ferguson to Approve the request to permit outdoor dining for case #74-Dec17. It was seconded by Don Rockwell. All members present voted in the affirmative. The motion carried 6-0.
➢ 75-DEC17-Richard Vernier - A request for a Special Use permit to operate a storage building at 1609 North Belt East (Parcel: 08-23.0-109-024) located in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 1
Applicant C. Richard Vernier explained that this was a conceptual plan of leaving the current structure as an apartment building, adding a structure to be used as miniature warehousing or personal storage. He explained the materials to be used, plans on drainage detention, and the buffer to be used between neighbors. He noted that he will work with the City on the plans.
Mr. Vernier spoke on a dilapidated property in which he purchased and had rezoned to be used as an office building in Belleville.
There was a discussion on possible plans of fencing, buffer, drainage, security, lighting, and parking.
Other comments made by the public: John Boyle stated that he and other family members are in approval of the request as long as the building and the brush line of bushes are maintained well.
A motion was made by Scott Ferguson to Approve the request. It was seconded by Rebecca Boyer. All members present voted in the affirmative. The motion carried 6-0.
Rebecca Boyer made a motion to Adjourn, which was seconded by Steve Zimmerman. All members present voted aye. Chairman Nollman adjourned the meeting at 8:25 p.m.
http://www.belleville.net/AgendaCenter/ViewFile/Minutes/_12212017-1590
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