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Friday, May 3, 2024

City of Belleville Zoning Board of Appeals met May 25

City of Belleville Zoning Board of Appeals met May 25.

Here are the minutes provided by the board: 

Members: 

Deborah Brennan Present

Ryan Moore Present

Tim Price Present

Don Rockwell Excused

Steve Zimmerman Present

Mitoshia Scott Excused

Dan Nollman, Chairman Present

Staff present: 

Cliff Cross, Director of Economic Development, Planning and Zoning Penny Moore, Coordinator, Economic Development, Planning and Zoning

Public present: 

Tisha Winkelmann, Matt Morgan, Tanya Ferguson, Taylor Thomas

Elected Officials present: Alderwoman Lillian Schneider, Ward 1

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

Chairman Nollman went over Emergency Procedures and meeting outline directions.

(1:02 PM)

A motion was made by Steve Zimmerman to approve the minutes with change from the April 27, 2023 meeting with one adjustment, to correct the vote count for case number 13-APR23. 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. 19-MAY23 TISHA WINKELMANN: Request for a Sign Installation Permit in the Area of Special Control at 122 West Main St (08-21.0-443-039) located in a "C-2" Heavy Commercial District. (Applicable section of the city code: 155.052, 155.053, 155,090) Ward 5

Ms. Winkelmann explained her request for a Sign Installation Permit in the Area of Special Control. Ms. Winkelmann would be replacing her old sign with a new one of the same size. The sign will consist of her name and telephone number. (7:04 PM)

Ryan Moore asked what type of sign it would be. Ms. Winkelmann explained that it would be the same size and type as the old one, the main difference being the color and the addition of her company's logo. Discussion about the lighting for the sign occurred. Ms. Winkelmann explained that the lighting is already there. (7:05 PM)

Clifford Cross explained there is no need for a variance for the signage, as it is replacing the existing sign with the same footprint. The signage is considered a legal, non-conforming sign. (7:07 PM)

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

No one from the public spoke against the case.

No one from City Council spoke for or against this case. (7:08 PM)

19-MAY23-TISHA WINKELMANN: A motion to APPROVE the request for a Sign Installation Permit in the Area of Special Control at 122 West Main St. (08-21.0-443-039) located in a "C-2” Heavy Commercial District was made by Ryan Moore. It was seconded by Steve Zimmerman. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (7:08 PM) 

B. 20-MAY23 DR. BRIDGET LYBARGER: Request for a Sign Installation Permit in the Area of Special Control at 325 East Main St (08-22.0-335-018) located in a "C-2" Heavy Commercial District. (Applicable sections of the city code: 155.052, 155.053, 155,090) Ward 2

Matt Morgan, co-owner of United Ink explained their request for Sign Installation Permit in the Area of Special Control. Mr. Morgan is proposing vinyl lettering on the front of the building. (7:10 PM)

Discussion about the specifics of the sign occurred. (7:12 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 this case. (7:12 PM)

20-MAY23 DR. BRIDGET LYBARGER: A motion to APPROVE the request for a Sign Installation Permit in the Area of Special Control at 325 East Main St (08-22.0-335-018) located in a “C-2” Heavy Commercial District was made by Steve Zimmerman. It was seconded by Ryan Moore. Motion carried by a vote of 5-0 with all present members voting in the affirmative. (7:13 PM) 

C. 21-MAY23 TAYLOR THOMAS, MARCEL ENTERPRISES: Request for a Map Amendment to rezone property commonly known as 424 Lebanon Avenue (08-22.0-118-004,005,014) from "D-1" Light dustry District to "A-2" Two-Family Residence District (Applicable section of the zoning code: 162.590) Ward 1

Taylor Thomas explained the request. Ms. Thomas explained she is in the process of purchasing the building for her mother's (Tanya Ferguson) private school. The company's business plan was to get to a point where they could own a building as opposed to leasing at their current location. When asked if the building was adequately built to be used as a school building, Ms. Thomas stated that it was. Mr. Zimmerman asked what the expected enrollment would be. Ms. Thomas stated that it would be 50-75 students. (7:15 PM)

Chairman Nollman and Mr. Cross discussed the specifics of the lots being purchased. Chairman Nollman asked how many staff members there would be. Ms. Thomas stated that there are currently seven (7) staff members and one (1) custodian. Ms. Thomas explained that the hours of operation are 7:00 AM - 6:00 PM (including before and after care) and that parents would be responsible for drop off and pickup. Chairman Nollman asked about a playground. Ms. Thomas stated the installation of a playground is possible in the future. Discussion about parking and student drop off occurred. Chairman Nollman asked if there were any plans to install additional exterior lighting. Ms. Thomas explained that a light is needed but they also have security to monitor the parking area during pickup. Ms. Thomas explained they will get what is needed for after dark pickup. (7:20 PM)

Mr. Cross states that the Commercial Occupancy Permit issuance process gives regulatory control. Mr. Cross explains that rezoning the property does not guarantee the applicant will get to build the expected model of the school. Mr. Cross explains that the new zoning of the property would remain consistent with the surrounding area. Mr. Cross continued, mentioning the property is in a D-1 donut hole in the middle of an A-2 underlying zoning district. (7:22 PM)

No one from the public spoke in favor of the request. No one from the public spoke against the request. Alderwoman Schneider spoke on the request.

Alderwoman Schneider asked the board about the ages of the students. She also asked about whether the school would have a nurse. She also asked about the drop off and pickup route in regards to the nearby bridge. She also asked about the school year calendar. (7:26 PM)

Ms. Thomas addressed the concerns raised by Alderwoman Schneider. Ms. Thomas explained the school year will be from August-May, however, the school will be open year-round with a summer camp option. (7:26 PM)

The business' owner, Tanya Ferguson was sworn in. (7:27 PM)

Ms. Ferguson explained that the layout of the building is already in perfect condition for a school. Chairman Nollman stated there would likely be a traffic study done for the property. Ms. Ferguson stated that the ages of the students ranged from 3-8 years old. Mr. Cross states that the property needs to be classified as a school and not a day care. Ms. Ferguson stated that there is a nurse on staff. Chairman Nollman clarified that there will be approximately 10 students per classroom. Discussion about the number of parking spaces occurred. (7:33 PM)

21-MAY23 TAYLOR THOMAS, MARCEL ENTERPRISES: A motion to APPROVE the request for a Map Amendment to rezone the property commonly known as 424 Lebanon Avenue (08-22.0-118-004,005,014) from "D-1" Light Industry District to "A-2" Two Family Residence District 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. (7:35 PM) 

A motion was made to adjourn by Steve Zimmerman and seconded by Ryan Moore. Motion carried 5-0 with all present members voting in the affirmative. Chairman Nollman adjourned the meeting at 7:37 PM.

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_05252023-3013

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