Clair County Zoning Board of Appeals Minutes for Meeting At the Courthouse - 7:00 P.M.

Transcription

1 St. Clair County Zoning Board of Appeals Minutes for Meeting At the Courthouse - 7:00 P.M. March 3, 2014 Members Present: Chairman George Meister, Alexa Edwards, Rev. Gene Rhoden, Charles Frederick, Charles Arriola and Kent Heberer Members Absent: Staff Present: Patti Gregory Anne Markezich, Zoning Director Dave Schneidewind, Zoning Attorney Call to Order The meeting was called to order at 7:00 p.m. by Chairman, Charles Arriola. Roll Call and Declaration of Quorum r The roll was called and a quorum declared present. Approval of Minutes MOTION by Frederick to approve minutes of the January 6, 2014 meeting. Second by Rhoden. Motion carried.

2 Page St. Clair County Zoning Board ofappeals (March 3, 2014) New Business - Case # 1 Subject Case # SP & ABV JJA Ventures, 2941 Old Freeburg Road, Belleville, Illinois, owners and Larry Weber ( Christ Church), 339, Frank Scott Parkway East, Fairview Heights, Illinois, applicant. This is a request for a Special Use Permit to allow a Church in an "A" Agricultural Industry Zone District and an Area /Bulk Variance to allow the Church on 1 - acre instead of the 2 -acres required in an "A" Agricultural Industry Zone District, on property known as 4051 Stte Rte 161, Belleville, Illinois in Shiloh Valley Township. ( Parcel # ) Larry Weber 0 Weber explained he is the Director of Campus Development for Christ Church. Weber introduced Amy Bouvay representing JJA Ventures and Doug Koupa the Architect on the property. Weber stated their intention is to take the Shiloh Valley Grange building and use it as a satellite campus for Christ Church. Weber explained Christ Church is a large church located in Fairview Heights, Illinois which currently has two satellite churches located in Maryville and Millstadt. Weber stated the goal of Christ Church is to reach SAFB personnel and the surrounding community. Weber stated they would like to renovate the grange to make it suitable for worship on Sundays and the lower level would be renovated for childrens ministries and small group activities. 0 Weber stated when a satellite campus is started they send 50 pioneers from the main location in Fairview Heights so it has a critical mass to get going. The preaching would come via video from the pastors and praise team. Koupa presented pictures of the existing grange. He explained it is a 2 -level building built in The upper level is mostly one room with the stage at one end with a front porch. The lower level is entirely open except for some mechanical space and may be developed into a kitchen in the future.

3 Page 3 - -St. Clair County Zoning Board ofappeals (March 3, 2014) Discussion Rev. Rhoden asked what the capacity of the building. ( Koupa stated the building capacity is approximately 189 seats.) ( Weber explained that if worship seating capacity is igo you can assume about 40% of that number will be in the basement in small groups so the total capacity would be approximately 250. ) Frederick asked how many parking spaces are available. ( Weber stated 45 spaces in the existing parking lot and if they can get extra land there will be a total of 76.) The landowner across the street stated they can also use their lot for overflow.) Chairman Meister asked if they would agree to a stipulation of no parking allowed on Route 161. ( Weber stated he would agree to that stipulation.) Rhoden asked what utilities are on the property. ( Weber explained there is a water line on the premises but is not hooked up. The septic tank may have to be replaced or updated.) Ms. Edwards confirmed the applicant will hook up to public water. ( Weber confirmed they will hook up to city water.) Ms. Meyers stated the Health Department is currently unaware of what type of septic system is on the property. She stated with the size of building and the chance of having a commercial kitchen the existing system is most likely insufficient and will have to be replaced. She stated the applicant will have to connect to city water and abandon the current well on the property. There is a possibility they will have to add more ground to the parcel to install the properly sized septic system. Ms. Meyers stated the biggest concern is to abandon the well on the property. Schneidewind asked the owner of the property if they would be willing to add additional property to the North of the parcel to conform with Health Department regulations for the septic system. Heberer asked Ms. Meyer if the applicant purchases additional ground for the sewer system could it still be farmed. ( Ms. Meyers stated you cannot farm on top of the system, it will have to be planted in grass.) The soil test will dictate the system. Chairman Meister asked what type of membership there is at their current satellite locations. ( Weber stated the Maryville satellite location has approximately 1io -125 people on Sundays; and the Millstadt location there are approximately' people on Sundays.) Schneidewind stated this property falls in the Airport Overlay District (AO -1). Schneidewind stated there will be no increase in height of the building or additional lighting there should be no problem.

4 Page 4 - -St. Clair County Zoning Board ofappeals (March 3, 2014) Public, Testimony Dan Schlosser - Base Planner at Scott Air Force Base stated he reviewed the application and subject property. He stated the property is listed in a " AO -i" district. He stated there is a 1500 ft. buffer around SAFB and this property is approximately 1, 650 feet. Schlosser stated he has no issues with the request or height and the church will not impact the flight line and doesn't impact the flying mission and there are no concerns there. Dave Tiedemann, County Board Member stated his only concern was the septic system. He stated if the applicants can get the septic system worked out with the Health Department then he has no problem with it. Tiedemann also stated if the applicants need additional property for the septic system that the property will be deeded to the grange property. Further Discussion MOTION by Edwards to approve the request for the following reasons: The applicants agreed to connect to public water and abandon the existing well; the applicants will follow all regulations of the St. Clair County Health Department; the applicants agreed if any additional property is necessary to operate the sewer system designed by the Health Department that property will be deeded to the existing parcel; parking will be limited to the parking on the property and across the street; there will be no parking along Highway 161; and the church is located outside the 1, 500 ft. buffer of Scott Air Force Base. Second by Rhoden. Roll call vote: Kent Heberer - Abstain Charlie Arriola - Rev. Rhoden - Alexa Edwards - Charlie Frederick - Chairman Meister - Motion carried. This case has been approved by this board and will now go before the County Board for final consideration. -

5 Page 5 - -St. Clair County Zoning Board ofappeals (March 3, 2014) New Business - Case #z Subject Case # SP - Steven & Julie Kelly, 8o6 West Apple Street, Freeburg, Illinois, owners and applicants. This is a request for a Special Use Permit for a Planned Building Development to allow a Landscaping Business /Single- Family Residence in an " A" Agricultural Industry Zone Distrct on property known as 8o6 West Apple Street, Freeburg, Illinois in Freeburg Township. ( Parcel # a) Steven & Julie Kelly, Owners /Applicants Discussion Kelly stated the Landscaping Business has been in operation on the property for 10- years. Kelly stated they were given notice from the Zoning Department that they needed a Special Use Permit to run the business. Kelly submitted a petition from neighbors in favor of the request.. Ms. Edwards asked how many employees. ( The applicant stated they have five employees.) Ms. Edwards asked if the business sign on the property is illuminated. The applicant stated the sign is not illuminated.) Rhoden asked the hours of operation. ( The applicant stated the work hours are 7:oo AM to 3:30-4 :oopm.) Ms. Edwards asked what materials will be stored outside. ( The applicant stated there will be two trucks parked outside and four trailers.) Frederick asked how close is the nearest neighbor. ( The applicant stated the closest neighbor is Jordan Bolin at 810 West Apple Street and he is approximately 6o0-700 feet.) Frederick asked the applicant if he spoke to his adjacent neighbor about the business. ( The applicant stated the adjacent neighbor signed the petition in favor of the request.) Schneidewind informed the Committee that adjacent property owner Phil Tadlock was granted a construction business on his property in Ms. Edwards asked if the property was red - tagged. ( Ms. Markezich stated the Zoning Department received a complaint regarding a business being ran on this property.)

6 Page St. Clair County Zoning Board ofappeals (March 3, 2014) 0 Ms. Edwards asked if all equipment could be stored inside. ( The applicant stated he does not have room to store the trailers inside.) Chairman Meister asked the applicant if he has a stockpile of landscaping bricks or rocks on the property. ( The applicant stated there could possibly be a pallet of landscaping brick on occasion.) Chairman Meister asked the applicant if he would be okay with the stipulation that no commodities be stored on the property. ( The applicant agreed to no outdoor storage of commodities.) 0 Chairman Meister stated the Health Department has no issue with this request. Ms. Edwards stated in past hearings the Zoning Board has restricted signage. ( The applicant stated if the sign is a problem he will have it removed from the property.) MOTION by Heberer to approve the request for the following reasons: The property has public water and septic tank; the business has been established for ten years; there are no commodities stored outside for long periods; noted to the applicants there should be no outside storage. Amendment to the Motion by Edwards to include that current number of employees must remain at five and the business will not expand. The applicant stated he has five employees now including his wife and one truck in addition to his personal truck and four trailers and County Board Member, Frank Heiligenstein is in favor of the request. Schneidewind explained that before the applicant expands the business by hiring additional employees, erecting a larger shed, or asking for storage of rock or landscape material they will have to come back to the Zoning Board for further approval. Second by Frederick. Roll call vote: Dent Heberer - Charlie Arriola - Rev. Rhoden - Alexa Edwards - Charlie Frederick- Chairman Meister - Motion carried.

7 Page 7 - -St. Clair County Zoning Board of Appeals (March 3, 2014) This case has been approved by this board and will now go before the County Board for final consideration. New Business - Case # Subject Case # SP - William & Melinda Starkey, 112 Ridge Prairie Lane, Fairview Heights, Illiois, owners and applicants. This is a request for a Special Use Permit for a Planned Building Development to allow a Greenhouse, Nursery & Landscaping Business in a " RR- 1"' Rural Residential Zone District on property known as 132 Ridge Prairie Lane, Fairview Heights, Illinois in Caseyville Township. Parcel # ) William Starkey, Owner & Applicant Discussion Starkey stated he has had a residence and landscape facility in operation on this property for 15- years. Starkey stated he attempted to get a building permit to build a building to park buildings in and that threw up a flag as far as my Zoning. Starkey stated he is here today to get the property in compliance with Zoning. Starkey stated all work is done off -site. He is a commercial landscape contractor. Starkey stated he would like to get his excavators and bulldozers inside a building. Starkey stated he is also interested in building a couple greenhouses on the property. Heberer asked the applicant if he has outside storage. ( The applicant stated he does have outside storage and this is why he has the intention of building another building.) Heberer asked the applicant if there is a business sign on the property ( The applicant stated there is no sign on the property.) Chairman Meister asked if there is a motorcycle track on the property. The applicant stated the track is no longer on the property.) Schneidewind asked the applicant if he will build two greenhouses. The applicant stated there will build two greenhouses, one equipment shed of 5o x loo and one plant shade structure.)

8 Page St. Clair County Zoning Board of Appeals (March 3, 2014) Heberer asked if the commodities are brought back to the site after the job is done. ( The applicant stated they do store plant material; trees and shrubs. He stated he has a small hardscape product area which is located in the back in a cubby hole at the back of the property.) Schneidewind reminded the board that this application is a Planned Development and not a Home Occupation. Heberer asked if the applicant owns the rest of the property. ( The applicant stated he owns a total of 17- acres.) Heberer asked the applicant how many employees he has. ( The applicant stated he has approximately zo- employees.) Chairman Meister asked the dimensions of the greenhouses. ( The applicant stated the greenhouses will be approximately 20' x 48.) Chairman Meister asked what size pole building he is proposing. ( The applicant stated the equipment shed will be 50' x 100'. Frederick asked if there was any correspondence from neighbors. Ms. Markezich stated he has not received any correspondence.) Heberer asked if there was correspondence from the County Board Member. ( Ms. Markezich stated she had no response from the County Board Member.) Chairman Meister asked if the applicant planned to increase the number of employees or scope of business. ( The applicant stated there will be no additional changes to the business.) Chairman Meister asked if customers come to visit the site. ( The applicant stated there is no public access to the company.) Chairman Meister asked if the greenhouses will be open to the public. The applicant stated the greenhouses are to grow their own product for their landscaping instead of buying through retail.) Chairman Meister stated the Health Department has no issues with the business. Public Testimony There were no persons present for public comment. Further Discussion Ms. Edwards stated she will abstain from the vote on this hearing because she is a part -owner of a surrounding property.

9 Page 9 - -St. Clair County Zoning Board of Appeals (March 3, 2014.) MOTION by Heberer to approve the request for the following reasons: The applicants are basically applying to build a 50' x 100' shed; there are 2o- employees and do not plan on expanding; the design is adequate for the area where they are located; the number of employees is 20; the applicant will build two greenhouses and one shade structure in the future; the request meets the Comprehensive Plan; the use will not have an adverse effect on surrounding property owners; there were no objectors present at the hearing; and the hours of operation are TooAM- 4:ooPM - Monday through Friday; and the business is not open for public use. Second by Arriola: Roll call vote: Kent Heberer - Charlie Arriola - Rev. Rhoden - Alexa Edwards - Charlie Frederick- Chairman Meister - Abstained Motion carried. This case has been approved by this board and will now go before the County Board for final consideration. New Business - Case #a Subject Case # o2 -ABV - William Pajares & Melinda J. Sheriff Pajares, 5459 Saxtown Road, Millstadt, Illinois, owners and applicants. This is a request for an Area /Bulk Variance to allow the division of a residence with 2 -acres instead of the 40 -acres required in an " A" Agricultural Industry Zone District on property known as 5505 Saxtown Road, Millstadt, Illinois in Millstadt Township. ( Parcel # o ) William Pa' ares Pajares explained he has owned the property located at 5505 Saxtown Road for approximately 11- years and just purchased the adjoining property at 5459 Saxtown Road, Millstadt. Pajares stated he would like to retain some the farmground from the 5505 Saxtown address to add to the adjoining property. Pajares stated he would like to sell the property at 5505 Saxtown Road with 2- acres.

10 Page St. Clair County Zoning Board ofappeals (March 3, 2014) Pajares stated he received a phone call from Zoning that the division had to be 3 -acres per Health Department regulations. Pajares stated he would like to amend his request to a 3 -acre division. Discussion Chairman Meister confirmed the applicant will create a 3 -acre tract with the house and deed over the remaiining 3 -acres to the adjoining 5 -acre tract which will equal an eight -acre tract. ( The applicant stated that is correct.) Chairman Meister asked the applicant if he runs a business from this address. ( The applicant stated he does not run a business.) Schneidewind reminded the board that they had similar cases to this in the past for preservation of prime farmground. Schneidewind reminded the applicants that once the division occurs there will be no further division allowed. Frederick asked if there was any correspondence from neighbors for or against the proposal. ( Ms. Markezich stated she has received no correspondence from neighbors.) Schneidewind suggests if the board grants the request a condition should be included that the remaining acreage go to the adjoining parcel ending in MOTION by Edwards to approve the request for the following reasons: The applicant amended the request from 2 -acres to 3 -acres to meet compliance with the Health Department regulations; the utilities on the property are well /septic; the Comprehensive Plan calls for Agricultural - PSA; the applicants intention is to sell off an existing home with three acres; the remainder of property will be added to the adjoining parcel # zoo -032 which will increase the size of the 5 -acres to 8- acres; and the board feels granting this request will preserve the Agricultural land in the County. Rhoden: Second. Roll call vote: Rent Heberer - Charlie Arriola - Rev. Rhoden - Alexa Edwards - Charlie Frederick- Chairman Meister -

11 Page ii - St. - Clair County Zoning Board ofappeals (March 3, Z014) This case is an Area /Bulk Variance and has been approved by this board. MOTION to adjourn by Edwards, second by Rhoden. Motion carried.