City of Effingham Zoning Board of Appeals met May 22.
Here is the minutes provided by the Board:
Members Present: Dave Swingler
Gary Welton
Mike Mumm
Libby Moeller
Kurt Buehnerkemper
Members Absent: Mark Thies
Rob Macklin
Others Present: Tracy A. Willenborg, City Attorney
Jeremy Heuerman, City Engineer
Michelle Wilkins, Building Official
Greg Koester, City Subdivision Administrator
Keith Stewart, Effingham Daily News
Kim Gammon, Court Reporter
See attached list
1. Roll Call: The May 22, 2018, City Zoning Board of Appeals meeting was called to order at 6:00 p.m. by Chairman David Swingler, with a quorum being present.
2. Approve Minutes of Regular Meeting of March 27, 2018: On motion by Libby Moeller, seconded by Kurt Buehnerkemper, the minutes for the March 27, 2018, meeting were approved by unanimous vote, as presented.
3. Public Hearing:
Location: 400 W. Evergreen Avenue, Effingham, Illinois
Requesting: Variance for Accessory Building Size and Height in R-1, Single-Family Residence District
Petitioner: Michael H. Nolan and Kathleen A. Nolan
The Petition for Variance was filed by the owners of the Subject Property, Michael H. Nolan and Kathleen A. Nolan. Petitioners are seeking a variance to allow the construction of an accessory building with a maximum area of 3,600 square feet and a height of 25 feet, which deviates from the allowable maximum area of 1,200 square feet and the allowable maximum height of 20 feet for an accessory building in an R-1, Single-Family Residential District.
Michael Nolan, Petitioner, appeared to testify in support of the Petition. Mr. Nolan testified that he and his wife built a new home on the Subject Property, and moved into it about 6 months ago. All along, Mr. Nolan planned to construct an accessory building on the property in order to house his "toys." These toys include a 40 foot motorhome, 3 motorcycles, 5 4-wheelers and side-by-sides, a golf cart, a riding mower, a Kubota Tractor with mower and snow blade attachments, and a hobby car and truck.
Per Mr. Nolan, his contractor met with the City Building Official, Michelle Wilkins, and they understand that the regulations allow a 30' x 40' accessory building, at a maximum height of 20 feet. Mr. Nolan testified, however, that he is desirous of constructing a 3,600 square feet accessory building, at a height of 25 feet. Mr. Nolan further testified that he looked for a larger lot located within the City for over three years, and he was fortunate to locate the Subject Property, which is approximately 1.03 acres. Mr. Nolan advised that if most lots are 1/3 of an acre and a 1,200 square foot accessory building is allowed, then, in his opinion, a 3,600 square foot accessory building is reasonable for his 1.03 acre lot. Mr. Nolan stated that he believes there is plenty of room on the lot to build the proposed accessory building, and that the proposed building would utilize much of the same finishing features of the house, including stone and siding. Furthermore, the building would have a concrete finished floor, as well as whatever else the City requires as far as drainage.
Mr. Nolan further testified that, in his opinion, the proposed accessory building is necessary for two reasons, the first is for aesthetics to not have storage of his equipment and vehicles outside which could impact the values of surrounding properties. Furthermore, the other reason would be to protect his investments and keep all of his personal property out of weather. For these reasons, Mr. Nolan believed he would experience an undue hardship if he were not allowed to build the proposed accessory building.
In response to additional questioning by City Attorney, Tracy Willenborg, Mr. Nolan testified that he did not believe the proposed accessory building would negatively impact the neighborhood, but per Mr. Nolan, he felt the building would probably be the envy of the neighborhood.
In response to questions from Board Member Buehnerkemper regarding the access to and whether the property to the north of his property was developable, Mr. Nolan testified that the property to the north of his is currently utilized for farming and the development of Mr. Nolan's property would not impact any access to the property to the north.
In response to questions from Board Members Mumm and Swingler regarding the proposed location and additional information concerning the accessory building, Mr. Nolan advised that the proposed accessory building would be placed close to the rear of the existing residential home, comply with setback requirements, and still allow for a significant back yard area of approximately 70 feet.
In response to questions from Board Member Welton regarding Mr. Nolan's lot, Mr. Nolan further testified that his property lines are approximately 150 feet in width and approximately 300 feet in length.
In response to questions from Chairman Swingler and Board Member Welton regarding Mr. Nolan's request to allow for an accessory building in excess of the height regulations, Mr. Nolan confirmed that additional height would allow for the two 14 foot doors, which are necessary to house his motor home, which is 12 foot 9 inch in height.
In response to questioning from Board Member Welton regarding any additional doors on the proposed building, Mr. Nolan testified that the two 14 foot doors would be on the south side of the building, there would be a walk in door on the east side, and possibly a smaller access door on the north side, to allow him to pull the mower/tractor into the building.
No one appeared to testify in opposition to the Petition.
The hearing was closed and a discussion was conducted among the Board members in open session. Several Board Members advised that they were of the opinion that the proposed accessory building, while a considerable variance from the regulations, would be appropriate and blend in well with the Petitioners' larger size lot
On motion by Mike Mumm, seconded by Libby Moeller, the Zoning Board of Appeals approved, by a 5 to 0 vote, the variance as requested.
4. Public Hearing:
Location: 1703 Avenue of Mid America, Effingham, Illinois
Requesting: Sign Area and Setback Variance in a B-5, Highway Commercial District
Petitioner: MMJ Plaza, LLC
The Petition for Variance was filed by the owner of the Subject Property, MMJ Plaza, LLC, an Illinois limited liability company. Petitioner is seeking a variance to allow the replacement of sign areas on the existing pylon sign, which was previously authorized by variance approved on April 26, 1994, as well as the development sign on the property, which requires the application and issuance of a sign permit in accordance with Article 24-3 of the zoning regulations of the City of Effingham, Illinois. More specifically, the Petitioner is seeking a variance, authorizing the following:
a. Reduce the setback on the existing development complex sign from the required 20 feet from the street curb line per Article 24-70(1)(a) of the Municipal Code of the City of Effingham, down to 18 feet;
b. Increase the existing variance approved on April 26, 1994, authorizing the 800 square feet sign, to allow a 1,320 square feet pylon sign, which deviates from the maximum sign area of 300 square feet per side per Article 24-7 D (4)(a) of the Municipal Code of the City of Effingham; and,
C. Allow the replacement and preserve the existing 450 square feet of sign area for the development complex sign, which deviates from the maximum sign area of 350 square feet per side per Article 24-7C(4)(a) of the Municipal Code of Effingham.
Michael Borries, manager of Petitioner, appeared to testify in support of the Petition. Mr. Borries testified that the existing signage on the Subject Property is the second most visible infrastructure in the City of Effingham. Mr. Borries advised the Board that the big "swoosh" portion of the existing signage has been there approximately 24 years. Per Mr. Borries the size of the existing sign has allowed his prior business to attract customers, with approximately 50% of said business being drawn from the interstate.
Mr. Borries advised the Board that his prior business is no longer in operation, and any potential tenant has shown interest in the location, largely based on the signage and the need for the same to be able to attract customers. Furthermore, Mr. Borries advised that he has been in discussions with John Boos Company, and to finalize the rental deal with John Boos Company, John Boos Company would require the signage, at its current size. Additionally, Mr. Borries testified that other individuals have expressed interest in renting the property, contingent on getting space on the existing signage to allow them to remain visible to the traveling public off of Keller Drive, as well as the interstate. Mr. Borries advised that his business location is located off of the main right-of-way and the signage pull people to drive back to the business location.
Mr. Borries testified that due to the new City regulations, which went into effect in January 2018, he is now required to acquire a permit and comply with the new existing regulations. The existing signage does not comply with said regulations, hence the need for the variance, as detailed in his Petition.
In response to questioning from City Attorney, Tracy Willenborg, relative to the size of the existing signage, Mr. Borries testified that the pylon sign is 1,320 square feet altogether, with the "swoosh" sign being approximately 120 square feet, the Nike sign being approximately 800 square feet, and the “Space for Lease" sign being approximately 8' x 40'. Additionally, Mr. Borries testified that with regard to the development complex sign, the "Going Out of Business" sign is approximately 8' x 16', the reader board is approximately 17' x 14', and the sign which provides that 3 spaces are for lease is approximately 14' x 16'. All of these signs are depicted on the picture of the sign, with said picture being made a part of the record, and attached as Exhibit A to these Minutes.
Mr. Borries further testified that he understands one of the new signage regulations requires certain clearance on the bottom of the signage, and he would be agreeable to removing the bottom panel of the development complex sign, being the "3 Spaces for Lease" sign, to allow 93" of clearance.
With regard to further proposed changes to the existing signage, Mr. Borries testified that the new tenants to the building would change lettering on the existing signage, and the "swoosh" sign would come off and John Boos Company would replace this portion of the signage with something related to their company.
In response to questioning from Attorney Willenborg regarding the setback of the signage off the street curb, Mr. Borries confirmed that he is requesting the variance from the required 20 foot setback to the 18 foot setback to allow the existing signage to remain at its current location, being 18 foot from the street curb.
In response to questioning from Board Member Welton regarding the prior signage that was located in the area currently wrapped with the "Going Out of Business Sale" Sign, Mr. Borries testified that this portion of the development complex sign previously had the four different brand names of athletic shoes.
In response to questioning from Board Member Welton on how long portions of the existing signage have been at its current location, Mr. Borries testified that the reader board portion was put up approximately 25 years ago, and the Nike portion of the sign was put up approximately 23 years ago.
In response to questioning from Chairman Swingler for clarification on the future plans for the signage, Mr. Borries testified that the sizing of the "Nike" sign and the "Space for Lease" sign would remain unchanged as far as size, but would have different wording to advertise for the businesses renting the various three units of the building, and that the "swoosh" sign would be replaced with something of similar size.
Joseph Emmerich, President and CEO of John Boos Company, also appeared to testify in support of the Petition. Mr. Emmerich advised the Board that, as a representative of John Boos Company, he has been in discussions with Michael Borries relative to leasing a portion of Mr. Borries multi-unit commercial building, which is located on the Subject Property. Mr. Emmerich testified that in the last few years, John Boos has seen substantial growth and has always had an interest in developing an outlet area for its products near the interstate. Mr. Emmerich advised that Mr. Borries commercial building would be a good location, due to its location off of the interstate. Mr. Emmerich, however, further testified that the signage is an integral part of the placing of its proposed outlet store at that location. Mr. Emmerich stated that, in his opinion, the John Boos name is a highly and nationally recognized name, and allowing a visible sign to draw and attract business to this location, would be beneficial not only to the John Boos Company, but to the City as well. Mr. Emmerich further proposed layout of the new signage, which would take place of the existing signage. This layout was made a part of the record, and attached as Exhibit B to these Minutes.
In response to questioning from Board Member Welton regarding John Boos' plans for the "swoosh" portion of the existing sign, Mr. Emmerich testified that some initial ideas is to design something like a butcher block sign, and that any proposed replacement sign would be of no greater height or size than the existing "swoosh" portion of the existing signage. Mr. Emmerich further advised that, although they did not have a definitive plan for the replacement sign yet, the new sign would be something that would be highly visible and attractive, as well as engineered to withstand winds.
At the request of the Board, Michael Borries reappeared to provide additional testimony. In response to questions by the Board, Mr. Borries testified that the "Swoosh" and the "Nike" portion of the existing signage would be made available to the John Boos Company, who would lease out the largest portion of the multi-tenant commercial building, the "Space for Lease" portion of the existing signage would be made available to the tenant of the 5,700 square foot unit of the building, the "Going Out of Business" portion of the existing signage would be made available to the tenant of the 3,200 square foot unit of the building, and the reader board portion of the existing signage would alternate between being made available to John Boos Company and the tenant of the 5,700 square foot unit of the building.
In response to questions from Board Member Welton regarding the previous tenant of the 5,700 square foot unit of the building, Mr. Borries testified that this portion of the building was previously leased by the craft mall, which has since been relocated to the Draves property.
In response to questions from Keith Stewart relative to the prior variance allowing an 800 square foot sign, and how the existing signage has since been increased to 1320 square foot in size, Mr. Borries testified that the existing signage has been that size in excess of 15 years and was always properly permitted. Mr. Borries further confirmed that he is just seeking to preserve the existing size of the signage, but to allow a change in lettering.
At the request of the Board, City Engineer, Jeremy Heuerman appeared to provide testimony.
In response to questioning from Chairman Swingler regarding how the existing pylon signage was increased to 1,320 square foot in size, when the prior variance, approved on April 26, 1994, authorized a 800 square foot sign, Mr. Heuerman testified that the historical practice of the past building official was to allow signs unlimited in size within a B-5 zoning classification. Mr. Heuerman further stated that the records reflect that the original variance was granted for an 800 foot size sign, and that building permits were issued to allow the additional signage area.
In response to questioning from Board Members Mumm and Welton regarding the need to obtain a variance for existing signage, Mr. Heuerman explained that the City passed new regulations concerning signage, which said regulations became effective on January 01, 2018. Within these regulations, existing nonconforming signage that is altered, in excess of a certain percentage, is required to come into compliance with the new regulations.
No one appeared to testify in opposition to the Petition.
The hearing was closed and a discussion was conducted among the Board members in open session. The Board Members requested clarification on the specific variance being requested. City Attorney, Tracy Willenborg, provided clarification on the specific variance being requested. Several Board Members further voiced a desire to require the removal of the sign that currently reads "3 Spaces For Lease 217-8219191" to allow for appropriate site clearance for the traveling public. The Board members further expressed a willingness to authorize the variance, especially given that it was existing signage and would not be substantially altered in size or height.
On motion by Gary Welton, seconded by Libby Moeller, the Zoning Board of Appeals approved, by a 5 to 0 vote, the variance as follows:
a. Allowing a replacement of sign areas on the existing pylon sign, which was previously authorized by variance approved on April 26, 1994, as well as the replacement of the existing development complex sign, with said variance more specifically authorizing the following:
1. Reduce the setback on the existing development complex sign from the required 20 feet from the street curb line per Article 2470(1)(a) of the Municipal Code of the City of Effingham, down to 18 feet;
2. Increase the existing variance approved on April 26, 1994, authorizing the 800 square feet sign, to allow a 1,320 square feet pylon sign, which deviates from the maximum sign area of 300 square feet per side per Article 24-7 D (4)(a) of the Municipal Code of the City of Effingham; and,
3. Allow the replacement of the existing 450 square feet of sign area for the development complex sign, provided that the replacement sign shall only have 406 square feet of sign area (due to the reduction as detailed in paragraph b below), which deviates from the maximum sign area of 350 square feet per side per Article 24-7C(4)(a) of the Municipal Code of Effingham;
b. Notwithstanding the foregoing, said variance is Subject To the removal of the existing sign currently attached to the bottom development complex sign, with said sign currently reading 3 Spaces For Lease 217-821-9191.
5. Public Comment: Mr. Michael Borries inquired about the City's plans regarding the sign on the corner of the Avenue of Mid-America and advised that he assumed that the owner of that sign would have to get a permit, as he had been required to do. City staff provided an explanation of the general requirements of the sign regulations, which went into effect on January 1, 2018. It was determined that each sign would have to be addressed on a case-by-case basis.
6. Adjourn: On motion by Kurt Buehnerkemper, seconded by Mike Mumm, the meeting was adjourned.
https://www.boarddocs.com/il/voeil/Board.nsf/files/AZW4SL751475/$file/5.22.18%20Minutes.pdf
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