St. Clair County Zoning Board of Appeals Minutes for Meeting At the Courthouse 7:00 P.M. June 9, 2014

Transcription

1 Minutes for Meeting At the Courthouse 7:00 P.M. Members Present: Members Absent: Staff Present: Chairman George Meister, Alexa Edwards, Charlie Frederick and Charles Arriola Rev. Gene Rhoden and Patti Gregory Anne Markezich, Zoning Director Mark Favazza, Zoning Attorney Call to Order The meeting was called to order at 7:00 p.m. by Chairman, George Meister. Roll Call and Declaration of Quorum The roll was called and a quorum declared present. Approval of Minutes MOTION by Frederick to approve minutes of the May 12, 2014 meeting. Second by Edwards. Motion carried.

2 Page 2 New Business Case #1 Subject Case # ABV Estate of Russell D. Mahan, 958 Baldwin Road, New Athens, Illinois, Owners and Brian Mahan, 958 Baldwin Road, New Athens, Illinois, Applicant. This is a request for an Area/Bulk Variance to allow the division of the Farm Residence with 3 acres in an A Agricultural Industry Zone District, on property known as 800 Baldwin Road, New Athens, Illinois in Lenzburg Township. ( ) Brian Mahan Applicant Mr. Mahan explained the estate has 80 acres divided by Baldwin Road. Mr. Mahan stated he would like to divide off the house place with 3 acres to sell to a family member. Mr. Mahan stated they would like to keep as much farm ground together as possible. Discussion Chairman Meister stated he is familiar with the property and stated the property drops off at the back where the pond is located. (Mr. Mahan agreed the property does drop off and when the water is high it backs up the whole bottom of the property.) Mr. Frederick asked if the pond holds water all of the time. (The applicant stated the pond is only 2 ft. deep at this time and stated it was built as a livestock water hole.) Mr. Arriola asked if there is a ditch that runs Northeast of the pond. (The applicant stated there is a little bit of a ditch and drainage that continues out and eventually runs into Doza Creek.) Ms. Edwards stated the Comprehensive Plan calls for Agricultural Preservation and feels reducing the acreage for the houseplace will achieve that goal. Ms. Edwards asked the LESA Rating. (Chairman Meister stated the LESA Rating is 162 = low.) Further Testimony County Board Member, Ed Cockrell stated he has known Mr. Mahan for many years and feels the request geographically fits the area and feels it is consistent with the Comprehensive Plan. Mr. Cockrell stated he is in favor of the request.

3 Page 3 MOTION by Frederick to approve the request. There are no objectors and the County Board Member is in favor of the request. Second by Arriola. Motion carried. Roll call vote: Kent Heberer Aye Charles Arriola Aye Alexa Edwards Aye Charles Frederick Aye Chairman Meister Aye Motion carried. This case has been approved by this board. New Business Case #2 Subject Case # ABV Patricia A. Gundlach, 129 Greenbriar Drive, Belleville, Illinois, Owner and Chris Frillman, 320 Julia Place, Belleville, Illinois, Applicant. This is a request for an Area/Bulk Variance to allow the construction of a Carport 1 ft. from the residence instead of the 10 ft. required and 25 ft. from the front property line instead of the 60 ft. required and 4 ft. from the side property line instead of the 5ft. required in a SR 1 Single Family Residence Zone District, on property known as 320 Julia Place, Belleville, Illinois in Centreville Township. ( ) Due to a tape malfunction this case was not recorded. The following is a summary of the meeting from the Director s Notes. Chris Frillman, Applicant Mr. Frillman stated he would like to build a carport on his property. Mr. Frillman presented a picture of the carport he would like to build. Mr. Frillman stated Signal Hill Place is an older subdivision with one car garages. Mr. Frillman explained the carport will further protect the vehicles parked outside.

4 Page 4 Public Testimony Chris Gray 314 Julia Place, Belleville gave testimony that he is the adjoining property owner and has no objection to the construction of the carport. MOTION by Frederick to approve this request with the following stipulation: The applicant will submit an affidavit stating the variance is being granted for a carport only and the walls of the carport will not be enclosed. Second by Heberer. Roll call vote: Kent Heberer Aye Charles Arriola Aye Alexa Edwards Aye Charles Frederick Aye Chairman Meister Aye Motion carried. This case has been approved by this board. New Business Case #3 Subject Case # SP Inez Ohlendorf, 4200 Ohlendorf Lane, Belleville, Illinois, owner and Kristen Darr, 914 Clearview Drive, Belleville, Illinois, applicant. This is a request for a Special Use Permit to allow a Farm Residence (Secondary) on 3 acres in an A Agricultural Industry Zone District on property known as XXXX Turner Hall Road, Belleville, Illinois in Smithton Township. (Parcel # ) Kristen Darr, Applicant Ms. Darr stated her grandmother owns 108 acres in Smithton Township. Ms. Darr explained her grandmother offered to sell her 3 acres to build a house. Ms. Darr stated she would like to move back out on the family property to be closer to her parents on Turner Hall Road. Ms. Darr stated her plan is to live on one acre and lease the remaining two acres back to the farm.

5 Page 5 Discussion Chairman Meister asked the applicant if there is another residence on this parcel. (The applicant stated there are no houses on this parcel.) Ms. Markezich stated this would be a first time division of this parcel. Mr. Arriola asked counsel what his view is of the request. (Mr. Favazza stated he would answer any questions the board has in executive session.) MOTION by Arriola to enter Executive Session pursuant to State Statute 5 ILCS 120/2(c)(4). Second by Heberer. The Zoning Board entered Executive Session. The Zoning Board entered Open Session. Further Discussion Chairman Meister asked if the applicant could build on the entire 40 acre tract. (Ms. Darr stated she financially could not afford to purchase the entire 40 acre tract.) Ms. Edwards stated the Comprehensive Plan allows you to build one home per 40 acre tract and stated she feels this request does not align with the law of the code. Ms. Edwards stated to be fair and consistent the Zoning Board has to stay within the guidelines of the Zoning ordinance. The Zoning Board offered the applicant the choice to continue the Zoning Hearing or to withdraw the request to allow the applicant to converse with the family regarding building on the entire 40 acre tract. Kristen Darr applicant stated she would like to withdraw her request. Old Business Case #1 Subject Case # SP Stewart & Colleen England, 8317 Peabody Road, Freeburg, Illinois, owners and applicants. This is a request for a Special Use Permit to allow a Home Occupation (Firearms Dealer) in a RR 1 Rural Residential Zone District, on property known as 8317 Peabody Road, Freeburg, Illinois in Freeburg Township. ( )

6 Page 6 Chairman Meister announced this case was heard on May 12, 2014 and taken under advisement by the board. Chairman Meister stated for the record he was not present at the original hearing but listened to a recording of the meeting. Discussion * Chairman Meister asked the applicant if there were any changes to the application. (The applicant stated there are no changes to the application as submitted.) * The applicant stated Michael Dean, a member of the Bay Creek Estates Architectural Control Committee is present at the meeting tonight if anyone has any questions regarding the letter he submitted to the board. Public Testim0ny Mike Dean, 8318 Heron Cove, Freeburg stated the Bay Creek Organization is made up of three members. Mr. Bob Sweet, Mr. Greg Castelli and himself. Mr. Dean stated the letter clarifies item #14 which is part of the covenants that talk about running a business out of your home. Dean Bergkoetter 8309 Peabody Road, Freeburg stated he is the closest neighbor. Mr. Bergkoetter stated #14 of the covenants state the following: No lot shall be used for anything other than residential purposes; no personal business or advertisement for any business shall be allowed. He also stated #27 of the covenants states the lot owners association shall be made up of all lot owners in Bay Creek Estates with each lot owner entitled to one vote. A simple majority vote shall be necessary for said association to act on any proposal (no quorum necessary), including assessments, and for any other business brought before the association. It also says the Architectural Control Committee shall be responsible for approving or denying building plans and material lists, not zoning. He stated he wanted to make it clear that Mr. Dean is not representing the homeowners association. Mr. Bergkoetter stated he does not want the business for safety reasons; and does not want a gun dealership next to his house; and does not want a commercial business in his subdivision. Chairman Meister stated just to clarify the subdivision covenants do not trump zoning rules. It would be up to the Homeowners Association to take legal action on their own if someone is violating their codes.

7 Page 7 Mr. Dean stated Mr. Bergkoetter did not read the whole paragraph 14 of the covenants. He stated the covenants also state a private business office in a residence, without public access, is not prohibited. Mr. Bergkoetter stated the applicant is requesting a business where the public will show up at his house by appointment. Michelle Isaacs 8301 Peabody Road stated she lives within 100 ft. to where this business is proposed. Ms. Isaacs stated she is completely opposed to this request. Ms. Isaacs stated she spoke to Realtors that stated they property value could decrease from 5 10% with a nearby business. Ms. Isaacs stated she would also have to disclose the business when selling her home. Ms. Isaacs also stated she does not feel there is a subdivision committee in their subdivision. Ms. Isaacs stated she there are no association dues paid by the subdivision. Mr. Dean stated for the record his interest in this is architectural control committee only. Michael Stark 8217 Peabody Road stated he disagrees with Ms. Isaacs statement. He feels the property value statement is not true. Mr Stark stated with 28 years of law enforcement he has no objection to the request. Mr. Stark knows the business will be for a hobby and Mr. Stewart will be very selective to who he brings into his home. Mr. Stark stated there are several other homes in the subdivision that have home offices and his wife worked at one of them. Mr. Stark also stated he does not feel traffic will be an issue. Donna Zurheide 8325 Peabody Road stated she is Mr. Stewart s neighbor. Ms. Zurheide She feels this will be a small business and she is in favor of the request. Dean Bergkoetter stated at the last meeting the applicant stated he could go nationally and that he could deal with out of state customers. Mr. Bergkoetter stated we are not talking only family and friends for customers. David Wathen 8306 Peabody Road stated he has no problem with Mr. England running a business but he does have a problem with the business being located in a residential district. There are a large amount of properties around towns that have commercial property available for commercial businesses.

8 Page 8 Gaines Smith 6 Magnolia Drive, Belleville stated he has a Federal Firearms License dealer located at his office located on North Belt East in Belleville. Mr. Smith stated he went through the City Zoning process similar to what Mr. England is talking about. He stated the business is regulated by the Illinois ATF so before that gun is transferred they have to meet those qualifications and have an Illinois FOID Card. The customer is law abiding citizens that meet certain standards. Kirsten Bergkoetter 8309 Peabody Road stated guns or no guns this is a business in a residential area. That is the bottom line this is a business. David Wathen 8306 Peabody Road stated he does not care if this is a gun shop or a bakery; they are both commercial businesses and he doesn t want either. Further Discussion MOTION by Edwards to deny the request for the following reasons: This case was taken under advisement to allow time for the Village of Freeburg to make a recommendation. The recommendation from the Village of Freeburg was they have no opinion. Ms. Edwards stated it is the recommendation of this board that this request be denied for the following reasons: The proposed design, location, development and operation of the proposed Special Use does not adequately protect the publics, health, safety and physical environment; this Special Use is not consistent with the Comprehensive Plan; this business would have an adverse effect on the value of the neighboring properties and on the County s overall taxbase; the proposed business is not compatible to the properties in the general vicinity; the nearest neighbor is opposed to the request; and numerous neighbors testify for and against the proposal. Second by Arriola. Roll call vote: Kent Heberer No Charles Arriola Aye Alexa Edwards Aye Charles Frederick No Chairman Meister Aye This vote does not give us the four votes to move forward. This case will be taken under advisement and voted on again at the July 7, 2014 meeting.

9 Page 9 Chairman Meister stated there will be no additional testimony taken at the next meeting and there will be no further notices send to surrounding property owners. Chairman Meister explained the missing Board Members will receive a CD recording of the meeting and will listen to the testimony in full prior to the meeting held on July 7, MOTION to adjourn by Edwards, second by Arriola. Motion carried.