City of Edwardsville Zoning Board of Appeals met May 22.
Here are the minutes provided by the board:
I. ROLL CALL:
Present: Jeannie Krebs
Ann Robertson
David Gerber
Tom Butts
Denver Seay
Chris Byron
Carolina Byron
Arianna Kampwerth
Tom Foster
Eric Williams
Steve Stricklan
Absent: Bob Hotz
II. PUBLIC COMMENT:
None.
III. APPROVAL OF MINUTES
Motion made by David Geber and seconded by Tom Butts to approve the minutes of the regular meeting for April 24, 2023.
IV. ZONING CASES
A. Case 2023-13A - Carrollton Bank has petitioned the City of Edwardsville for a Special Use Permit to allow for a drive-thru facility at 245 S Buchanan Street. The property is more specifically identified as PID 14-2-15-11- 15-403-012.001 and is zoned "B-1B" Mid-Downtown District.
AREA LAND USE AND ZONING:
The subject property is zoned "B-1B" Mid-Downtown District. The adjoining properties are zoned and used as follows:
Direction Zoning Designation Use
North "B-1B" Mid-Downtown District Commercial
South "B-1C" Downtown Transition Commercial
East "B-1C" Downtown Transition Commercial
West "B-1B" Mid-Downtown District Commercial
PLANNING CONSIDERATIONS:
The Comprehensive Plan identifies the future land use for this property as Downtown B-1. The existing zoning is in agreement with the Comprehensive Plan.
APPLICABLE SECTION OF ORDINANCE
Section 1242.03.1 - Central business district (B-1)
(a) Purpose: Land uses and development in the core of Edwardsville's business and cultural center are managed through the B-1 central business district. The district facilitates a mix of retail, service, office, residential and community uses, within a primarily pedestrian oriented character. District regulations support a scale and form of development reflecting its pedestrian and historic characters, while responding to opportunities for modern development stemming from the city's position as a regional hub and role as a vibrant community.
(e) Special use: Provided all the use restrictions of this district are observed, the following uses may be allowed by special use permit:
(1) Automobile service stations.
(2) Day care center-Children.
(3) Office, when located on the first floor and part of a site designated as in the B-1-A District, Central Main Blockface.
(4) Drive through facility (as a principal use).
(5) Group assembly uses such as religious uses or auditoriums.
(6) Hotels.
(7) Parking lot or garage.
(8) Permitted uses that include an accessory drive through facility.
(9) Public utility.
ZONING BOARD OF APPEALS STANDARDS FOR SPECIAL USE PERMIT:
(1) Existing uses and zoning of nearby property and relationship to Edwardsville's adopted comprehensive plan.
See AREA LAND USE AND ZONING and PLANNING CONSIDERATIONS above.
(2) Extent to which property value diminishes adjacent to the zoned parcels. Value decrease to be supplied by the petitioner and made by professional appraiser.
No property value information provided by petitioner.
(3) Extent to which the proposed change alters or promotes the public health, safety morals or general welfare.
The proposed use will neither alter nor promote the public health, safety, morals, or general welfare of the community.
(4) The relative gain to the public as compared to the hardship imposed upon the property owners, and there is a need for the proposed special use.
It will not negatively impact the public and will not impose a hardship on the owners.
(5) The suitability of the subject property for the zoned purposes indicated by ordinance.
City Code designates the B-1 district as suitable for a mix of retail, service, office, residential and community uses within a primarily pedestrian oriented character. The use of a drive-through facility is allowed as part of this district subject to the review and approval of a Special Use Permit.
Conditions: The Board may provide such conditions or restrictions upon the construction, location and operations for a special use, including, but not limited to: provisions for the protection of adjacent property, the expiration of such special use after a specified period of time, off-street parking and loading, as may be deemed necessary to secure the general objectives of this Zoning Code, and to reduce injury to the value of the property in the neighborhood.
Please see the "Staff Recommendation" section.
Expiration: In the event the Board establishes no time limitation within which the proposed use is to be exercised, then the permit shall expire in one year. Nothing shall preclude an applicant from reapplying for the same special use permit upon expiration.
(i) Transfer of Special Use Permit: A special use permit is issued for a specified zoning lot or lots and shall only be allowed to transfer from that location, or to another occupant or owner, as follows:
(1) All requests for transfers must be filed on an application form available through the public works department. (2) Substantial transfers All substantial transfers shall be subject to review and approval by the zoning board of appeals under the terms of section 1244.02. Substantial transfers include, but are not limited to:
a. A transfer involving a more intensive use on the subject property;
b. Other changes deemed to represent a substantial change by the zoning administrator and public works director.
c. The trend of development in the area surrounding the subject property necessitates further review of the proposed special use.
(3) Unsubstantial transfers-Unsubstantial transfers will be subject to review and approval by the city planner and public works director. Unsubstantial transfers represent minor changes from the provisions of the originally approved special use permit and may include:
a. Transfer of ownership not effecting the intensity of the use:
b. Other changes deemed to represent an unsubstantial change by the zoning administrator and public works director.
STAFF DISCUSSION & RECOMMENDATION:
Staff recommends approval of the Special Use Permit. ZBA discussed the proposed stacking of the drive-thru and size of the structure. Tom Butts made a motion to approve seconded by David Gerber.
ROLL CALL: 5 Ayes, 0 Nay, 0 Abstain. Motion approved.
B. Case 2023-13B - Carrollton Bank has petitioned the City of Edwardsville for a Variance to exceed the maximum 20-foot setback at 245 S Buchanan Street. The property is more specifically identified as PID 14-2-15-11-15-403- 012.001 and is zoned "B-1B" Mid-Downtown District.
AREA LAND USE AND ZONING
The subject property is zoned B-1B Central Mid-Downtown District. The surrounding property zoning and uses are as follow:
Direction Zoning Designation Use
North "B-1B" Mid-Downtown District Commercial
South "B-1C" Downtown Transition Commercial
East "B-1C" Downtown Transition Commercial
West "B-1B" Mid-Downtown District Commercial
APPLICABLE PLANNING CONSIDERATIONS
The Comprehensive Plan identifies the future land use for this property as Downtown B-1. The existing zoning is in agreement with the Comprehensive Plan.
VARIANCE REQUESTS
The applicant is requesting to exceed the maximum setback of 20 feet for a structure in the B-1B zoning district.
LIMITATIONS OF VARIATIONS:
1244.02.3 (c) Limitations of Variances
(2)To permit any yard of less dimension than the minimum as stated by the applicable standard.
ZONING BOARD OF APPEALS STANDARDS FOR VARIANCE:
(1) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out.
The site shape could limit the ability of the proposed drive-through bank facility from adhering to the setback requirements due to City Code requirements for vehicle stacking.
(2) The condition upon which the requested variance is based would not be applicable, generally to other property within the same zoning classification.
The requested variance would not be applicable to other property within the same zoning classification. The proposed configuration requires additional distance from the property line to accommodate vehicles.
(3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
The hardship has not been created by anyone having an interest in the property.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
Granting this variance will not have a negative effect on the public welfare, nor will it be injurious to other property or improvements in the area.
(5) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The proposed variance will not impair an adequate supply of light and air to adjacent property, will not increase congestion, nor will it impact public safety or diminish property values in the neighborhood.
(6) The proposed variance complies with the spirit and intent of the restrictions imposed by this code.
The request does comply with the spirit and intent of the restrictions imposed by the Zoning Code.
(7) There is no self-imposed hardship.
The hardship would not be considered self-imposed.
STAFF DISCUSSION & RECOMMENDATION:
Staff recommended approval of the request. Tom Butts asked if the land will be combined to the adjacent property to the west and Mr. Byron indicated that it was not. David Gerber made a motion to approve as presented and seconded by Jeannie Krebs.
ROLL CALL: 5 Ayes, 0 Nay, 0 Abstain. Motion approved.
C. Case 2023-13C - Carrollton Bank has petitioned the City of Edwardsville for a Variance to allow for a single story building rather than the required minimum two story building at 245 S Buchanan Street. The property is more specifically identified as PID 14-2-15-11-15-403-012.001 and is zoned "B-1B" Mid-Downtown District.
AREA LAND USE AND ZONING
The subject property is zoned B-1B Central Mid-Downtown District. The surrounding property zoning and uses are as follow:
Direction Zoning Designation Use
North "B-1B" Mid-Downtown District Commercial
South "B-1C" Downtown Transition Commercial
East "B-1C" Downtown Transition Commercial
West "B-1B" Mid-Downtown District Commercial
APPLICABLE PLANNING CONSIDERATIONS
The Comprehensive Plan identifies the future land use for this property as Downtown B-1. The existing zoning is in agreement with the Comprehensive Plan.
VARIANCE REQUESTS
The applicant is requesting to construct a single-story commercial structure instead of the required two-story structure minimum.
LIMITATIONS OF VARIATIONS:
1244.02.3 (c) Limitations of Variances
(10)To permit any building height of less or greater dimension than required by the applicable regulations.
ZONING BOARD OF APPEALS STANDARDS FOR VARIANCE:
(8) The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out.
The site shape and topographical conditions would not prevent a commercial building with a height of two (2) stories. However, the applicant has proposed a one (1) story building. The existing building and surrounding buildings are largely one (1) story as well.
(9) The condition upon which the requested variance is based would not be applicable, generally to other property within the same zoning classification.
The requested variance is applicable to other property within the same zoning classification. However, surrounding buildings are single-story structures and were at the time of adoption of the ordinance pertaining to the two-story requirement in 2019. The applicant is proposing new construction on the subject property.
(10) The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
The hardship has not been created by anyone having an interest in the property.
(11) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
Granting this variance will not have a negative effect on the public welfare, nor will it be injurious to other property or improvements in the area.
(12) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
The proposed variance will not impair an adequate supply of light and air to adjacent property, will not increase congestion, nor will it impact public safety or diminish property values in the neighborhood.
(13) The proposed variance complies with the spirit and intent of the restrictions imposed by this code.
The request does comply with the spirit and intent of the restrictions imposed by the Zoning Code.
(14) There is no self-imposed hardship.
Because the subject building is new construction, the hardship could be considered self-imposed. However, the requested variance would be consistent with surrounding development.
DISCUSSION AND STAFF RECOMMENDATION:
Staff recommends approval of the request. David Gerber asked for more information on the second floor of the structure and Chris Byron indicated that the structure is designed to be consistent with adjacent buildings. Ann Robertson indicated if the property was built to be more dense it would have parking issues due to the size of the lot. David Gerber made a motion to approve as presented and seconded by Jeannie Krebs.
ROLL CALL:
Ayes; Ann Robertson, Jeannie Krebs, Tom Butts, David Gerber
Nays; Denver Seay
Motion Passed.
V. OLD BUSINESS:
None.
VI. NEW BUSINESS:
None.
VII. ADJOURNMENT: David Gerber made a motion to adjourn seconded by Jeannie Krebs.
https://www.cityofedwardsville.com/AgendaCenter/ViewFile/Minutes/_05222023-2995
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