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City of Belleville Zoning Board of Appeals met April 27

City of Belleville Zoning Board of Appeals met April 27

Here are the minutes provided by the board:

Members:

Deborah Brennan Excused

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

Public present: Janice Pittman, Paul Iarivren, Everlena Woods, Guy Venuti, Becky Venuti, Barb Pajares, Ken Pajares, David Braswell, Robert Brunker, Bill Frerichs and Alan Sinn

Elected Officials present: Alderman Raffi Ovian, Ward 4, Alderman Kent Randle, Ward 3 and Alderman Brian Whitaker, Ward 1

The meeting was called to order at 7:00 PM by Chairman Dan Nollman. Roll was called and a quorum declared. The Pledge was made and the applicants and public were sworn in. (7:01 PM)

Chairman Nollman went over Emergency Procedures and meeting outline directions. (7:03 PM)

A motion was made by Don Rockwell to approve the minutes from the February 23, 2023 meeting. The motion was seconded by Ryan Moore. The motion carried 5-0 with all present members voting in the affirmative. (7:03 PM)

The following cases were heard:

1. New Business:

A. 13-APR23 WILLIAM F. FRERICHS: Request for a Map Amendment to rezone the property commonly known as 312 Sahlender Street (08-17.0-511-004,005,006) from "A-1" Single-Family Residence District to "D-1" Light Industry District (Applicable section of the zoning code: 162.590) Ward 3

Mr. Frerichs explained his case request for map rezoning. Mr. Frerichs' business, Frerichs Trailer Leasing and M and I Warehouse, operates out of 2914 Mary Irene Street, close to 312 Sahlender Street, which was recently destroyed from a fire. Discussion regarding the usage of the property at 312 Sahlender Street occurred. Mr. Frerichs mentioned he has been using said property as storage for his trailers for approximately ten (10) years and has not had a complaint until recently. Rubble concrete, an office trailer and a semi-trailer currently sit on the 312 Sahlender property. The property has been maintained by Mr. Frerichs, however, an anonymous complaint occurred that brought him to the Zoning Board of Appeals to address the concerns. The property is directly across from the International Paper Plant. (7:06 PM)

Discussion of past usage of the property, the location of adjacent residential properties occurred. Discussion of fencing occurred. Discussion of the existing debris on the property occurred. Mr. Frerichs explained that most of the debris will be removed from the property. (7:08 PM)

Chairman Nollman asked Mr. Frerichs if he planned to utilize the lots as private storage or to rent storage space. Mr. Frerichs answered, he may do both and may also rent secured storage out to the general public. Chairman Nollman asked if the lot would be paved with asphalt or concrete. Mr. Frerichs answered that the lot would be made of rock and may possibly be fenced, depending on what customer needs he would incur. Further discussion regarding the case occurred. Mr. Cross interjected, for everyone to take caution, as this case is a request to rezone. Whereby, if approved, it would allow the applicant all of the same allowable uses permitted by right, in the D-1 underlying zoning district, and cannot be controlled. (7:18 PM)

No one from the public spoke in favor of the case.

No one from the public spoke against of the case.

Alderman Kent Randle spoke in favor of the case. (7:15 PM)

Further discussion of the adjacent properties occurred. Mr. Frerichs acknowledged to Chairman Nollman his plans to fence in the property. (7:24 PM)

Mr. Cross mentioned the property may also still be monitored and subject to violation to not be established as a junk yard. (7:25 PM)

13-APR23-WILLIAM F. FRERICHS: A motion to APPROVE the request for a Map Amendment to rezone the property commonly known as 312 Sahlender Street (08-17.0-511-004,005,006) from “A-1” Single-Family Residence District to “D-1” Light Industry District was made by Don Rockwell. It was seconded by Mitoshia Scott. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (7:27 PM)

B. 14-APR23 JANICE PITTMAN: Request for a Special Use Permit to operate an Air BnB at 8115 West Main Street (07-01.0-114-064) located in a “A-1" Single-Family Residence District. (Applicable sections of the city and zoning code: 34.043, 154.15, 154.46, 154.49, 162.515) Ward 4

Janice Pittman and Paul Iarivren explained their request. They plan to utilize the property for professionals and nurses to have a place to stay when travelling, as a short-term rental. Further details of the property were conveyed to the Board. (7:30 PM)

Discussion regarding the two (2) units of the property were discussed. Ms. Pittman explained, one unit of the duplex is ready to be rented. The other unit will undergo changes to address compliancy issues with the Building and Fire Departments for occupancy. The goal is to have both sides of the building become Air BnBs. Parking is more than adequate with both ample front and some rear parking. Discussion of the property layout, exterior garage usage, security, exterior lighting, emergency contact information, length of guest stay and the maximum number of guests were addressed. (7:39 PM)

Mr. Cross updated the Board regarding the status of the Ordinance and Legal Committee review of Air BnBs and Short-Term rentals. (7:46 PM)

No one from the public spoke in favor of the request.

No one from the public spoke against the request.

Alderman Raffi Ovian shared his concern regarding the exterior garage and the driveway needs to be resurfaced with asphalt.

Ms. Pittman addressed Alderman Ovian's concerns, mentioned the garage will be boarded for security and the grass growing in the cracks of the asphalt will be taken care of. (7:52 PM)

14-APR23-JANICE PITTMAN: A motion to APPROVE the request for a Special Use Permit to operate an Air BnB at 8115 West Main Street (07-01.0-114-064) located in a “A-1” Single-Family Residence District IN THE NAME OF THE APPLICANT ONLY was made by Mitoshia Scott. It was seconded by Tim Price. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (7:53 PM)

A short break occurred for a Board Member. The meeting continued at 7:54 PM.

C. 15-APR23 JODIE FERGUSON: Request for a Special Use Permit for outdoor dining/seating at 732 South Illinois Street, Suite B (08-28.0-234-004) located in a “D-1” Light Industry District. (Applicable sections of the city and zoning code: 118.01, 162.307, 162.515) Ward 6

D. 16-APR23 JODIE FERGUSON: Request for a Special Use Permit for a liquor license at 732 South Illinois Street, Suite B (08-28.0-234-004) located in a "D-1" Light Industry District. (Applicable sections of the city and zoning code: 162.307, 162.515) Ward 6

Chairman Nollman mentioned cases fifteen (15) and sixteen (16) would be heard together but voted upon separately. (7:54 PM)

Ms. Ferguson explained her requests. The space is shared with Long Story Coffee. Ms. Ferguson applied for the requests of a Liquor License and Outdoor Dining (on the south side of the building) to complement their restaurant concept. (7:55 PM)

Discussion regarding hours of operation, exterior lighting, and security (especially regarding transient people), (7:59 PM)

No one from the public spoke in favor of the request

No one from the public spoke against the request

No one from City Council spoke for or against the request

15-APR23- JODIE FERGUSON: A motion to APPROVE the Request for a Special Use Permit for outdoor dining/seating at 732 South Illinois Street, Suite B (08-28.0-234-004) located in a “D-1” Light Industry District IN THE NAME OF THE APPLICANT ONLY was made by Ryan Moore. It was seconded by Mitoshia Scott. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:01 PM)

16-APR23- JODIE FERGUSON: A motion to APPROVE the Request for a Special Use Permit for a Liquor License at 732 South Illinois Street, Suite B (08-28.0-234-004) located in a “D-1” Light Industry District IN THE NAME OF THE APPLICANT ONLY was made by Ryan Moore. It was seconded by Tim Price. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:03 PM PM)

E. 17-APR23 GUY & BECKY VENUTI: Request for a Special Use Permit to operate an Air BnB at 616 East Garfield Street (08-27.0-134-014) located in a "A-1" Single-Family Residence District. (Applicable sections of the city and zoning code: 34.043, 154.15, 154.46, 154.49, 162.515) Ward 6

Guy Venuti explained the request. Mr. Venuti and his wife, Becky purchased the historical home with the intention creating an Air BnB. Discussion of the property's parking, security, exterior lighting, emergency contact information, length of guest stay and the maximum number of guests were addressed. Discussion of a neighbor's concerns was mentioned by Mr. Venuti. Mr. Venuti stated that he met with the neighbor to address her concerns. (8:10 PM)

No one from the public spoke in favor of the request.

Robert Brunker from the public spoke shared his concerns of the request.

Mr. Cross read an email from Maggie Eubanks against the request.

No one from City Council spoke for or against the request.

17-APR23- GUY & BECKY VENUTI: A motion to APPROVE the request for a Special Use Permit to operate an Air BnB at 616 East Garfield Street (08-27.0-134-014) located in a “A-1” Single-Family Residence District IN THE NAME OF THE APPLICANT ONLY was made by Don Rockwell. It was seconded by Mitoshia Scott. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:18 PM)

F. 18-APR23 ASHLAND STORAGE CENTERS EAST: Request for a Special Use Permit to expand and operate the existing self-storage facility with outdoor operations at 653 Carlyle Avenue (08-23.0-305-020) located in a "C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.248, 162.515) Ward 7

Alan Sinn, Owner of Ashland Storage Centers East, explained the request. Mr. Sinn mentioned they hope to build another building, to be fenced in, in the existing parking lot to house campers and recreational vehicles. Discussion regarding parking for the thrift store occurred and was clarified that there was adequate and required parking for tenants. Discussion of fencing and specifications of the enclosed parking occurred. (8:27 PM)

Barb Pajares from the public spoke in favor of the request. No one from the public spoke against the request.

No one from City Council spoke for or against the request.

18-APR23 ASHLAND STORAGE CENTERS EAST: A motion to APPROVE the Request for a Special Use Permit to expand and operate the existing self-storage facility with outdoor operations at 653 Carlyle Avenue “C-2” Heavy Commercial District was made by Don Rockwell. It was seconded by Ryan Moore. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:32 PM)

G. 19-APR23 - City of Belleville Zoning Code Amendment: Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.006 "Definitions" and Sections 162.248 and 162.278 "Special Uses" and further amending the "Supplementary Regulations For Specific Uses" provisions by adding section 162.401 "Event Centers". The ordinance amending these sections of the code is open to inspection at the offices of the Economic Development, Planning & Zoning Department, 2300 W. Main Street, Suite M112, Belleville, Illinois, 62226. All interested parties can contact the department via email at edpz@belleville.net or telephone at 618-233-6518 ext. 1250 to request a copy of the proposed amendments. No one from the public spoke in favor of the case.

Mr. Cross explained the Zoning Code Amendment. The amendment will address the current over-saturation of event space requests. The proposed amendment:

Defines event centers

Places event center verbiage in sections 248 and 278 (C-2 and C-4 Districts) which will require a Special Use Permit

Possible conditions to be considered:

Separation of events centers to be one point five (1.5) miles apart

Must be properly licensed

Must be a free-standing/stand-alone building and cannot be in a building that has multiple uses Must obtain a Liquor License through the City of Belleville

Alderman Brian Whitaker, Ward 1, requested that the case be tabled and put as a discussion item on the Ordinance and Legal Review Committee. The case would be returned to Zoning Board of Appeals after their review. (8:49 PM)

19-APR23 – City of Belleville Zoning Code Amendment: A motion to TABLE the Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.006 "Definitions" and Sections 162.248 and 162.278 "Special Uses" and further amending the "Supplementary Regulations For Specific Uses” provisions by adding section 162.401 “Event Centers” was made by Don Rockwell. It was seconded by Mitoshia Scott. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (8:49 PM)

A motion was made to adjourn by Don Rockwell and seconded by Tim Price. Motion carried 5-0 with all present members voting in the affirmative. Chairman Nollman adjourned the meeting at 8:49 PM.

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_04272023-2994

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