Metro East Sun

City of Belleville Zoning Board of Appeals met Nov. 10.

Here is the minutes provided by the board:

Members:      Rebecca Boyer Present

Tim Price Excused

Don Rockwell Present

Andy Gaa Present

Steven Zimmerman Present (arrived at 7:08 PM)

Dan Nollman, Chairman Present

Mitoshia Scott Excused

Staff present: Annissa McCaskill, Residential and Commercial Development Services Director

Penny Moore, Secretary, Economic Development, Planning, and Zoning

Scott Markovich, IT Specialist

Emma Oldehoeft, Planner and GIS Coordinator

Public present: Courtney Kemper, Andy Kinsella, Gary Arnold, Zeyad Mohammed Ali,

City Council Members present: Alderman Johnnie Anthony (Ward 4) and Alderman Raffi Ovian (Ward 4)

The meeting was called to order at 6:30 p.m. by Chairman Dan Nollman. Roll was called and a quorum declared.

A motion was made to approve the minutes from the September 24, 2020 Zoning Board of Appeals meeting with all present voting in the affirmative. Motion carried 4-0.

Chairman Nollman noted that all Zoning Board cases heard at this meeting would be considered at the November 16, 2020 City Council meeting. Chairman Nollman explained the emergency procedures.

The following cases were heard:

1. 46-OCT20 – Joe & Onie’s, LLC (Steve & Margie Hemmer): A request for a Sign Installation Permit for Area of Special Control to install flush-mounted signage for Joe & Onie’s at 18 East Main Street (parcel # 08-21.0-445-013) located in a “C-2” Heavy Commercial District. (Applicable sections of the Sign Code: 155.052, 155.053) Ward 6

Courtney Kemper, spoke on behalf of Joe & Onie’s, LLC and introduced Andy Kinsella as the designer of the logo for the signs listed in the Sign Installation Permit Application. Ms. Kemper explained Joe & Onie’s request for signage, mentioning the signs are in the same location that had previously been approved for the prior Olive Oil Company Tenant. Andy Kinsella explained that the Owner of Joe & Onie’s would like some additional signs that are not on the original application, consisting of two small, 10” x 30” panels that would be facing each other, at eye- level in the alcove entry of the location. Rebecca Boyer asked Mr. Kinsella if the logo would go on the awning above the door. Annissa McCaskill explained that in the Staff Report on page three (3), there is a picture of where the Olive Oil Market Sign had been. Andy Kinsella agreed with Ms. McCaskill, stating that location in the picture, is where the logo would be placed. Ms. Boyer then asked if the addition request is for a hanging sign. Mr. Kinsella described that the additional signs would be flush mounted against the wall, inside the reveal of the alcove windows. Ms. Boyer asked if the sign would be illuminated, as it stated in the packet. Mr. Kinsella explained the additional signs would be lit from the existing can lights. Mr. Kinsella asked if the maximum square footage for signage was directly related the lineal frontage of the business. Ms. McCaskill confirmed that was correct, but explained the Zoning Board of Appeals manages special allowances; further explaining that the two signs add up to 4.8 square feet additional on top of the 32.0 square feet that was originally proposed, which would put them at.8 square feet over what is permissible for the sight. Mr. Kinsella explained that the signs had not been produced, so adjusting the square footage of the total signage to 36.0 square feet will not be a problem. Chairman Nollman asked what was the material that the additional signs would be made from. Mr. Kinsella explained the signs would be made from the same material as the other signage which is 1⁄2 inch flat.

46-OCT20 – Joe & Onie’s, LLC (Steve & Margie Hemmer): A motion was made to APPROVE the Sign Installation Permit for Area of Special Control by Rebecca Boyer with the stipulation of the maximum square footage of the three signs being no more than 36 square feet. It was seconded by Andy Gaa. The motion carried 4-0.

2. 47-OCT20-Gary L. Arnold: A request for a Special Use Permit to establish a metal building over 150 square feet on Highview Lane (parcel # 02-36.0-205-014), located in a “A-1” Single Family Residence District. (Applicable sections of the Zoning Code: 162.094; 162.515) Ward 4

3. 48-OCT20-Gary L. Arnold: A request for a Use Variance to utilize an accessory structure (garage) as a primary use for personal storage on Highview Lane (parcel # 02-36.0-205-014), located in a “A-1” Single Family Residence District. (Applicable section of the Zoning Code: 162.570) Ward 4

Chairman Nollman stated that both cases 47-OCT20 AND 48-OCT20 would be heard together but voted upon separately.

Mr. Arnold answered present to explain and describe is two case requests. But due to technical difficulties with strong feedback with Mr. Arnold’s phone, Annissa McCaskill offered to explain the requests for cases 47 and 48. Mr. Arnold accepted Ms. McCaskill’s offer. Ms. McCaskill explained the two requests as one from a metal building over 150 square feet and another for an accessory structure. Mr. Arnold purchased the property from the county through a tax sale. Mr. Arnold was looking to store personal items such as mowing equipment, and some other things for a side business that he does. Mr. Arnold wanted to have a garage, which is located three lots from his home on Highview Lane. Adjacent to the lot, you have several single-family residences but also vacant lots, due to delinquent taxes. When Mr. Arnold built the garage, he did not know the requirements for metal structures over 150 square feet. He also had not pulled his permit. When he became aware of the fact that he needed to have a permit, he came to the office, found out everything he needed to do. Our office worked with him to petition before the Board this evening. The request is retro- active. Mr. Arnold did apologize, but he did come on his own accord without any citation to try and rectify the situation. The structure meets all of the setbacks for the lot, as the lot size is large. There is an existing curb-cut as well. Mr. Arnold’s home is within site of the property.

Chairman Nollman asked if the requests were for lawn equipment. Mr. Arnold state that yes, it was for lawn equipment. Don Rockwell then asked if there would be any outdoor storage and if Mr. Arnold intended to pave the driveway. Mr. Arnold said that he plans to pave the driveway in the future to enhance the neighborhood. Mr. Arnold said no that it was just for lawn equipment for his business.

Rebecca Boyer stated she was under the impression the garage was three lots away and not immediately adjacent to his house. Mr. Arnold explained that there is one house in between his home. Annissa McCaskill further explained that Mr. Arnold lives at the corner of Dutch Hollow and Highview Lane. There is an empty lot next to his home property and then the lot with the garage is after that. Mr. Arnold concurred with Ms. McCaskill’s statement, adding that he maintains the vacant lot in between his home’s lot and the garage’s lot. Rebecca Boyer asked if any other home in the area has a garage. Mr. Arnold explained that there are only four homes on his street and none of them have garages; but in other parts of Dutch Hollow there are quite a few garages.

Ms. Boyer then asked Ms. McCaskill if this was for personal use as stated in the packet or for business. Mr. Arnold said that this is for storage for his lawn equipment for his side business. Ms. McCaskill explained that Mr. Arnold originally said that the garage was for his personal equipment. But once the application was submitted, he advised that it was for his lawn equipment that he utilizes for his business. Ms. Boyer then asked Ms. McCaskill if this falls under the same zoning for business since it is a residential area. Ms. McCaskill explained with a Use Variance, it covers him to use the garage for personal or professional. Ms. Boyer asked Mr. Arnold if he plans to hire employees to come pick this equipment up from the garage. Mr. Arnold explained that he hires people that are unemployed and down on their luck. He further explained that he does not have a crew, but rather hires based upon availability of those in need. The employees would not be allowed to drive the truck to haul the equipment. Ms. McCaskill explained to Mr. Arnold that he would not be able to have customers coming and going from the garage, as this is a residential district, and the use would be strictly for storage. Mr. Arnold replied that no one would have access to the garage, but him.

Don Rockwell asked for clarification that Mr. Arnold would pick up the equipment with a trailer from the garage to the job site and the employees would meet him there. Mr. Arnold explained that was correct, with the exception that he picks up the employees, because they do not have very much. The employees would not have access to the garage because he has too much invested inside of the building.

Alderman Johnnie Anthony spoke in support of Mr. Arnold, stating that he has maintained vacant lots that the City would have to cut. Alderman Anthony also spoke regarding Mr. Arnold’s reputation of being a fair and honest man. Alderman Anthony mentioned he spoke with Alderman Ovian and they are both in support of the garage, as it adds to the community.

Alderman Raffi Ovian also commented in support of Mr. Arnold, stating that he has taken care of the property in between his home and the garage lot to maintain it. Alderman Ovian added that Mr. Arnold is an asset to the neighborhood and that he highly recommends that the request is granted.

47-OCT20-Gary L. Arnold: A motion was made to APPROVE a request for a Special Use Permit to establish a metal building over 150 square feet on Highview Lane by Don Rockwell. It was seconded by Steve Zimmerman. The motion carried 4-1.

With no further discussion Chairman Nollman asked for a motion.

48-OCT20-Gary L. Arnold: A motion was made to APPROVE a request for a Use Variance to utilize an accessory structure (garage) as a primary use for personal storage on Highview by Don Rockwell with the stipulation that the driveway is paved. It was seconded by Steve Zimmerman. The motion carried 4-1.

4. 49-OCT20-Zeyad Mohammed Ali: A request for a Special Use Permit for Used Motor Vehicle Sales at 4501 North Belt West (Parcel number 08-07.0-423-0230, located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 4

Applicant Zeyad. Mohammed Ali explained his request for a Special Use Permit for Used Motor Vehicle Sales at 4501 North Belt West. Rebecca Boyer asked how many cars would be on the lot. Mr. Mohammed Ali stated that it would be about twenty (20) cars maximum. Annissa McCaskill added that an ordinance was passed by City Council earlier this year that as a calculation as to the number of cars that is permissible on a lot, which is based upon the square footage. Ms. McCaskill also mentioned that even though Mr. Mohammed Ali is stating twenty (20) cars, the number would be based on that calculation. Rebecca Boyer asked Ms. McCaskill if she had any idea on what that number would be. Ms. McCaskill said she had not done that calculation, but there would be a cap based on the square footage and there is additionally criteria in the ordinance on how the cars must be parked. Ms. Boyer asked if the lot also includes the large garage behind the front building. Ms. McCaskill explained that the lot does include the rear building that previously was a car repair facility. Mr. Mohammed Ali stated that it is two buildings, and he plans to use the rear building for storage or to work on the cars. Ms. Boyer asked if he was going to be repairing or selling cars. Mr. Mohammed Ali answered that he was going to be selling cars to start and then in a few years start repairing them. Ms. Boyer asked if the zoning covers repairing cars as well. Ms. McCaskill explained that the C-2 Heavy Commercial district already allows for automotive repair, so the only thing that requires zoning action is the sale of vehicles.

Steve Zimmerman asked if there would be additional lighting added to the property and what the hours of operation would be. Mr. Mohammed Ali explained he there is lighting on the corner and the hours of operation would be 9:00 AM-4:00 PM, Monday through Saturday. Ms. McCaskill asked for clarification if Mr. Mohammed Ali planned to utilize the two, existing spotlights that are not currently active by activating them and if he planned to add more lighting. Mr. Mohammed Ali explained that he is not adding any additional lighting.

Ms. Boyer asked if there are going to be any improvements made to the lot. Mr. Mohammed Ali said that he plans to do outside painting, keep the lot clean and good looking. Ms. McCaskill asked if that included paving the parking lot. Mr. Mohammed Ali said that he does not plan to, as the lot is in good condition. Ms. McCaskill mentioned that during the Commercial Occupancy Inspection, the lot would be inspected, and the Inspector may require him to make improvements.

Chairman Nollman asked if any fencing or security would be added to the property. Mr. Mohammed Ali explained he plans to add cameras and a security system.

Alderman Raffi Ovian spoke in opposition to the case. Alderman Ovian asked what type of vehicles would be sold on the lot and it any salvaged vehicles would be repaired and sold on the lot. Mr. Mohammed Ali answered the first question stating that the starting price for the cars would be $6,000.00-$7,000.00 on the lot and we repair and sell salvaged cars with a warranty.

49-OCT20-Zeyad Mohammed Ali: A motion was made to DENY the request for a Special Use Permit for Used Motor Vehicle Sales at 4501 North Belt West by Rebecca Boyer. It was seconded by Steve Zimmerman. The motion did not carry by a vote of 3-2.

Ms. McCaskill mentioned that in order for a motion to carry, it has to have four (4) votes. Chairman Nollman added that we do not have that. Chairman Nollman addressed Mr. Mohammed Ali and explained that this Board is not going to make a recommendation to City Council concerning this case. Ms. McCaskill explained to Mr. Mohammed Ali that the motion has not been denied, it just did not have enough votes for a recommendation and added that the case would still be heard by City Council on November 16, 2020 without a recommendation from this Board.

Ms. McCaskill announced that the Planner and GIS Coordinator position had been filled and introduced Ms. Emma Oldehoeft.

Rebecca Boyer made a motion to ADJOURN, which was seconded by Steve Zimmerman. All members present voted aye. Chairman Nollman adjourned the meeting at 7:26 PM.

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_11102020-2366