City of Belleville Zoning Board of Appeals met Aug. 24.
Here are the minutes provided by the board:
Members:
Deborah Brennan Present
Ryan Moore Excused
Tim Price Present
Don Rockwell Present
Steve Zimmerman Present
Mitoshia Scott Excused
Dan Nollman, Chairman Present
Staff present:
Cliff Cross, Director of Economic Development, Planning and Zoning Present
Penny Moore, Coordinator of Economic Development, Planning and Zoning Present
Kerrie Freeman, Secretary, Economic Development, Planning and Zoning Present
Public present: Tammy Hinkle-Davis, Rosaland Brown, Robin Mason, Nicole Smith, Kennedy Robinson, Charidy Guthrie, Debra Robinson- Bond, Linda Weisenstein, Barb Swantner, Elizabeth Rund, Terry Kremmel, Pat Schaeffer, Tremont Davis, Danny Houk, Stacie Spaunhorst, Sean E McElligott, Kathy Mordini, Wayne Lester, Robert Williams, Journey Davis, Russell J. Lisch, Catherine M. Lisch.
Elected Officials present: Raffi Ovian (ward 4), Dennis Weygandt (ward 7), and Phillip Elmore (ward 7).
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. (7:00 PM)
Chairman Nollman went over Emergency Procedures and meeting outline directions. (7:01 PM)
A motion was made by Don Rockwell to approve the minutes with no changes from the August 2, 2023 meeting. The motion was seconded by Tim Price. The motion carries 5-0 with all present members voting in the affirmative. (7:03 PM)
The following cases were heard:
1. New Business:
A. 30-AUG23 TZION'S HAVEN HOUSE AND CHRISTIAN CENTER FOR YOUTH: Request for a Use Variance to establish and operate a NFP tutoring, mentoring, and youth support center at 6024 West Main Street (07-12.0-219-048) located in a "C-2" Heavy Commercial District (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 8 (7:04 PM)
Tammy Hinkle-Davis discussed the opening of a facility for the non-for-profit tutoring and mentoring center for ages eight (8) to eighteen (18) and for after school support. (7:05 PM)
Tremont Davis mentioned the mentoring composure is mentoring in life and with their educational resources, job applications, as well as more life-to-life examples, like tying a tie. Mr. Davis mentioned that they own a few properties in Belleville and are invested in this city and want to invest in the young people of this city, making them better citizens. (7:05 PM)
Chairman Nollman mentioned the packet provided by the applicant to the committee members and staff. Mrs. Davis wanted to make sure the committee had an outline of what they will be doing with the facility. They have teamed up with the Illinois State Board of Education, as they will provide nutritious meals daily for the children that come in for the free tutoring and free mentoring. Mrs. Davis mentioned that they will also be partnering with Juvenile Justice System to facilitate some things at the facility too. St. Clair County Regional office of Education has asked Mrs. Davis to speak and present about the Tzion's non-for- profit and how it is to assist with low income and at-risk children whose parents may not be able to be involved during after school hours. The facility will provide a place for hope and assistance with school projects and homework. It will encourage the children to want to go to school. The facility also helps the parents in return. (7:07 PM)
Don Rockwell asked how many youths will be present at any given time and is there a capacity. Does the facility have different rooms or structures for the children. Mrs. Davis replied that there are three teaching rooms and will be grouped by age. Based on two thousand, two hundred and twenty-nine (2,229) square feet, there must be forty-two (42) square feet per child. The facility can have up to fifty (50) children, but probably thirty (30) max, so each room is not overloaded. Ten (10) students to each tutoring teacher, to ensure the students get adequate support. There are also small offices that if there is a struggling student, they can have one on one tutoring or mentoring. (7:09 PM)
Don Rockwell asked what the hours of operation will be. Mrs. Davis mentioned the hours will be four (4) to eight (8) p.m., Monday through Friday, after school. When students arrive at the center, they will sign in. There will be one (1) hour of homework or tutoring time. Then one (1) hour to communicate with fellow students and eat. Then one (1) hour of group discussion and it will be different themes each time. (7:10 PM)
Don Rockwell asked how the children will be transported to the facility. Mrs. Davis mentioned that the Harmony School District has reached out to her to ask if the buses can be re-routed to drop off children at the center, instead of behind and one street over. Mrs. Davis has not given them an answer yet, as they were waiting for final approval from the City Council. (7:11 PM)
Don Rockwell asked if the children would be allowed from any school district or if it was only open to certain school districts. Mrs. Davis mentioned that the facility is open to the entire City of Belleville area, and they will not turn any child away. (7:12 PM)
Don Rockwell asked how the students will be picked up or how they will be seeking transportation to their homes after hours. Mrs. Davis replied that parents will be notified via email or text once their child has showed up at the center. Each child will have a membership card and the child must present that card when coming to the center. The child will not be allowed to leave until eight (8) p.m. or when a parent or guardian arrives. If the child is eighteen (18), then that child can leave the facility. (7:12 PM)
Steve Zimmerman asked if the students would be able to walk in or if they must have an appointment. How will you control the number of students in the building. Mrs. Davis replied that the parent or guardian will fill out the application and the child's file will have the application, waivers, signed policies and procedures, and a photo id of the child. The membership card will have the child's picture and that is how we will identify the Haven children. If a child decides they do not want to come back or have graduated, then we will remove the file and start fresh. Mr. Davis mentioned that as they work with the school districts, there will be a rolling thirty (30) to forty (40) students on a list, who have been to the facility, and we can notify the children or the parents when there is not enough room for said child. We do not want to exceed the maximum number of students allowed at one time. (7:15 PM)
Steve Zimmerman asked how the facility will be staffed. Mrs. Davis replied that the expectation is ten (10) children per one (1) tutoring teacher. Additional staff will be there as well, as volunteers. Mr. Davis mentioned they have teamed up with Project Compassion for volunteers, and there are students from the surrounding colleges that want to volunteer. Mrs. Davis also mentioned they have teamed up with Unite Us, which is a referral database and resources for the children or parents that may need these resources. (7:16 PM)
Steve Zimmerman asked how the State of Illinois is helping with food services. Mrs. Davis replied that the State Board of Education approved them to provide supper and a snack five (5) days a week during winter months and then we can provide breakfast, lunch, and a snack during the summer months. It is for children only and is fully funded through the state. Mr. Davis said they are not actually preparing any of the food, it will already be prepackaged. (7:18 PM)
Steve Zimmerman asked if there would be any security. Mr. Davis said they may be partnering with Illinois State Ploice, as they may have some off duty police officers to help. Mr. Davis mentioned they will also invite the City of Belleville police to utilize the facility's parking lot as a sitting area. There are also cameras inside and outside the building. (7:19 PM)
Steve Zimmerman also asked how the non-for-profit is being funded since it is 501(c)(3) eligible. Mr. Davis mentioned that everything has been completely funded through them, except for donations. Mrs. Davis mentioned they have reached out to other individuals and groups and have also applied for grants. (7:20 PM)
Tim Price mentioned that if food is offered in the summertime, will the operating hours change in the summer as well. Mrs. Davis mentioned that right now the hours will stay the same. Illinois State Board of Education said that if the hours were to change, then they would provide breakfast and lunch. Mr. Davis mentioned that during the summer months they have some flexibility in their jobs, so if the facility serves lunch they will be there to help. (7:21 PM)
Chairman Nollman asked what the ages of students would be. Mrs. Davis mentioned they will be ages eight (8) to eighteen (18). Third grade through high school. There are three rooms and are divided into age groups: eight (8) to ten (10), eleven (11) to fourteen (14), and fifteen (15) to eighteen (18). (7:22 PM)
Discussion about the tutors and volunteers occurred. (7:23 PM)
Discussion about potential paid staff occurred. (7:25 PM)
Steve Zimmerman asked if the facility had to be accredited through the State of Illinois. Mrs. Davis mentioned that since they are not a school or daycare, just after school, they do not have to be accredited through the state. Mrs. Davis also mentioned that they cannot charge parents a fee. (7:26 PM)
Discussion about the volunteers and staff occurred. (7:27 pm)
Discussion if students are referred by the schools occurred. Mrs. Davis mentioned students can be referred to by the school, but they do not have to be referred by the school. The main requirement is the student must be registered in a school in the Belleville area, they cannot be a drop out. (7:28 PM)
Discussion of how many students are allowed to attend occurred. Mrs. Davis said that thirty (30) to forty (40) is the max. There are three (3) rooms dedicated to the different age groups. The basement floor is a recreational area, a lounge area, a computer lab, a prayer room, and a quiet room (7:29 PM)
Mr. Cross mentioned they do have forty (40) or so pictures that show the various levels and rooms. Penny Moore will display the pictures on the monitors. (7:30 PM)
Discussion of when students could leave the facility occurred. Mrs. Davis confirmed that a child cannot leave unless a parent or guardian picks them up. (7:31 PM)
Discussion about District two, zero, one (201) being involved occurred. (7:31 PM)
Discussion of the max number of students allowed at one time occurred. Mr. Davis mentioned they would turn away a student at that time if they are at full capacity. They will provide information and place them on a waiting list. (7:31 PM)
Discussion of interior/exterior of building and pictures displayed. (7:32 PM)
Mr. Cross mentioned this is a use variance request because the model is complex but has great components. The entire model is not defined in the ordinance. This is the only avenue for consideration for this unique request. These types of uses could be eligible for precedence and how these types of uses are considered in the future. (7:37 PM)
Discussion about the building and fire codes still being completed occurred. (7:39 PM)
Journey Davis, Russell Lisch, Rosaland Brown, Wayne Lester, Catherine Lisch, Debra Robinson-Bond, Nicole Smith, and Charidy Guthrie from the public spoke in favor of the case. (7:40 PM)
No one from the public spoke against the case.
Alderperson Ovian mentioned concern with where the money to lease the property, if it has been leased, or purchased is from. He knows there has been quite a bit of money that was put into the property for renovations. Is there state or rent money coming in from the federal government to help with funding. Seems like quite a venture to do without any money coming in. He hopes and prays that the parents of the students are contributing. (7:51 PM)
Alderperson Elmore mentioned that transportation seemed covered since the applicant was addressing schools for main transportation. If a junior or senior is driving to the C.A.V.E themselves, are they permitted to drive to the Haven House themselves. Will there be any outdoor space, fresh air for 20 minutes a day is good. The Fire department would be right about their inspections. (7:52 PM)
Mr. Cross entered into the minutes Exhibit A, consisting of Alderperson Osthoff's email of questions and the packet handed to the committee members, alderperson, and staff from the applicant, Tammy Hinkle-Davis. (7:53 PM)
Don Rockwell asked Mr. Cross if a recommendation for approval could be in the name of applicant only. Mr. Cross mentioned that in this case he would professionally recommend it be in the name of the applicant only because this building could be used for other uses if the applicants fell through. (7:59 PM)
Discussion of funding for the business occurred. Mr. Davis mentioned they have paid for everything out of their own pocket, besides the donations. Mrs. Davis mentioned they have applied for some grants though. (8:01 PM)
Discussion of dedicated outside time occurred. Mr. Davis mentioned the parking lot will accommodate twenty-five (25) parking spots. There is room to place a fence or barricade of a sort to allow children outside securely. Mr. Davis also mentioned that there is an egress door on the West side of the building, that comes from the basement exit. Mr. Davis also mentioned that they do own the building already. (8:02 PM)
Chairman Nollman asked if there will be anyone allowed to stay overnight, after business hours. Mr. Davis replied that there will not be anyone allowed to occupy the space overnight. Mr. Davis mentioned that they will provide resources or referrals to housing or shelter if needed. (8:04 PM)
Chairman Nollman asked what kind of students would be turned away. Mrs. Davis replied that they would not turn any students away if they have occupancy available. Mr. Davis mentioned that if a student outside of the scope of their abilities wanted to join, they can help refer that student to another facility that may be able to assist that student better. Mrs. Davis also mentioned the Haven House Motto: The child we take care of today, could be the adult that takes care of us tomorrow. (8:05 PM)
30-AUG23 TZION'S HAVEN HOUSE AND CHRISTIAN CENTER FOR YOUTH: A motion to APPROVE the Request for a Use Variance to establish and operate a NFP tutoring, mentoring, and youth support center at 6024 West Main Street (07- 12.0-219-048) located in a “C-2" Heavy Commercial District (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 8 was made by Don Rockwell in the name of the applicant only. It was seconded by Steve Zimmerman. Motion carried by a vote of 5-0 with all present members voting in the affirmative.
B. 31-AUG23 DANIEL HOUK & STACIE SPAUNHORST: Request for a Use Variance to establish a mixed-use residential/commercial development at 123 West Main Street (08-21.0-437-009, 014, 024) located in a “C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 2 (8:08 PM)
Daniel mentioned they are interested in purchasing the property and the use variance is a contingency. Currently it is commercial use only with law offices on the first floor and vacant on the second floor. To make it financially viable for them, they would occupy the top floor as their residence and then continue to lease to the law offices on the bottom floor. Future plans for the commercial portion will be conducted in a few years.
Mr. Cross asked the applicants if the top floor is currently a residence. (8:09 PM)
Daniel Houk replied that the top floor is currently offices but is vacant. (8:10 PM)
Mr. Cross mentioned that a lot of downtown Belleville buildings are commercial on the main floors and then have residents on top floors. Many of them are legal non-conforming use or grandfathered use. The ordinance does not define mixed use anywhere. Most banks cringe at funding or financing uses, that may not be able to rebuild because of fire or natural disaster. Because this use is not defined, it is technically a prohibited use and that is why it is brought before the board. The use variance is the only avenue, and it has been approved in the C2 district before. Parking will be the only difference with this use. (8:10 PM)
Discussion about the top floor conversion occurred. (8:11 PM)
Discussion about the square footage occurred. (8:12 PM)
Chairman Dan Nollman asked if there was a basement included in this property and Danile Houk replied that there is not. (8:12 PM)
Pat Schaeffer from the public spoke in favor of the request. (8:13 PM)
No one from the public spoke against the request.
No one from City Council spoke for or against this case.
31-AUG23 DANIEL HOUK & STACIE SPAUNHORST: A motion to APPROVE the Request for a Use Variance to establish a mixed-use residential/commercial development at 123 West Main Street (08-21.0-437-009, 014, 024) located in a “C-2” Heavy Commercial District. (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 2 was made by Steve Zimmerman. It was seconded by Tim Price. Motion carried by a vote of 5-0 with all present members voting in the affirmative.
C. 32-AUG23 BARBARA SWANTNER: Request for a Special Use Permit for a liquor license at 200 Mascoutah Avenue (08-22.0-348-011) located in a "C-2” Heavy Commercial District. (Applicable sections of the zoning code: 162.248, 162.515) Ward 7
D. 33-AUG23 BARBARA SWANTNER: Request for a Special Use Permit for outdoor dining/seating at 200 Mascoutah Avenue (08- 22.0-348-011) located in a "C-2” Heavy Commercial District. (Applicable sections of the city and zoning code: 118.01, 162.400, 162.248, 162.515) Ward 7
E. 34-AUG23 BARBARA SWANTNER: Request for a Use Variance to establish a mixed-use residential/commercial development at 200 Mascoutah Avenue (08-22.0-348-011) located in a “C-2” Heavy Commercial District. (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 7
Chairman Nollman mentioned cases thirty-two (32), thirty-three (33), and thirty-four (34) would be heard together but voted upon separately. (8:15 PM)
Barbara Swantner mentioned that her and Terry Krummel purchased Charlie's Off Main and they are hoping to renovate it and re- open the local bar that it used to be. They are requesting the liquor license to re-open the bar. The use variance is for the apartments upstairs, to update to code. They are also requesting outdoor seating for the back of the property between the garage and the porch. Eventually they would like to add bollards. Renovations include ADA compliancy and code updates to the property. The exterior renderings have been approved by the Historic Preservation Committee. The applicant is working on getting City assistance with the sidewalk crumbling by the building. (8:16 PM)
Discussion of property updates occurred. (8:18 PM)
Discussion of outside entertainment and outdoor dining occurred. Barbara Swantner mentioned she lived two doors down from Charlie's and does not want to hear a lot of noise, so they will be cautious of the neighbors. Terry Krummel also mentioned that there may be entertainment, but it would not be intense music. Barbara also mentioned that eventually they would have the bump out expanded in front of the building to continue the outdoor dining there. In the past there were two (2) to three (3) café tables in that area. (8:19 PM)
Discussion about parking occurred. Barbara Swantner mentioned that the parking lot catty corner to Charlie's can hold fifty-six (56) spots and it is currently not being utilized by the City. (8:21 PM)
Discussion about the exterior changes to the building occurred. Barbara Swantner mentioned that the rendering was approved by the Historic Preservation Committee. The rendering was passed around to the Zoning Board of Appeals Committee members. Mr. Cross mentioned that we will add the rendering as an exhibit to the minutes. (8:22 PM)
Discussion about the garage on the property occurred. (8:23 PM)
Discussion about the entrance to the apartments occurred. Barbara Swantner replied that there is an exterior entrance that leads to the apartments. (8:24 PM)
Discussion of tenant parking occurred. (8:25 PM)
Discussion of the occupancy for the outdoor dining, patio, occurred. (8:26 PM)
Discussion of business opening date occurred. (8:29 PM)
Mr. Cross mentioned that it is a legal-non-conforming use with the apartments, and it will re-establish a mixed-use development. Residential parking can be within two hundred (200) feet of the building and the public parking downtown can be utilized. (8:29 PM)
Keith Owens and Kathy Mordini from the public spoke in favor of the request. (8:31 PM)
No one from the public spoke against the request.
Alderperson Weygandt mentioned he is in favor of this project and bringing the building up to par. It will help to get the sidewalk fixed and have a patio in the back. It will also help downtown and that area it is in. (8:34 PM)
2. Alderperson Ovian mentioned since there are four (4) apartments, are they one (1) or two (2) bedrooms for each apartment. (8:35 PM)
Alderperson Elmore mentioned concern for the grass area of the patio going right up to the sidewalk and the wooden fence. (8:35 PM)
Discussion occurred about the outdoor dining and patio area. (8:36 PM)
Discussion occurred about the tenant parking. (8:38 PM)
Discussion occurred about the apartments upstairs. (8:38 PM)
32-AUG23 BARBARA SWANTNER: A motion to APPROVE Request for a Special Use Permit for a liquor license at 200 Mascoutah Avenue (08-22.0-348-011) located in a "C-2” Heavy Commercial District. (Applicable sections of the zoning code: 162.248, 162.515) Ward 7 in the name of the applicant only was made by Tim Price. It was seconded by Steve Zimmerman. Motion carried by a vote of 5-0 with all present members voting in the affirmative.
33-AUG23 BARBARA SWANTNER: A motion to APPROVE the Request for a Special Use Permit for outdoor dining/seating at 200 Mascoutah Avenue (08-22.0-348-011) located in a "C-2" Heavy Commercial District. (Applicable sections of the city and zoning code: 118.01, 162.400, 162.248, 162.515) Ward 7 was made by Tim Price. It was seconded by Steve Zimmerman. Motion carried by a vote of 5-0 with all present members voting in the affirmative.
34-AUG23 BARBARA SWANTNER: A motion to APPROVE the Request for a Use Variance to establish a mixed-use residential/commercial development at 200 Mascoutah Avenue (08-22.0-348-011) located in a “C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.247, 162.248, 162.570) Ward 7 was made by Tim Price. It was seconded by Don Rockwell. Motion carried by a vote of 5-0 with all present members voting in the affirmative.
Old Business: NONE
A motion was made to adjourn by Ryan Moore and seconded by Steve Zimmerman. Motion carried 5-0 with all present members voting in the affirmative. Chairman Nollman adjourned the meeting at 8:42 PM.
https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_08242023-3074
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