City of Effingham Zoning Board of Appeals met June 25.
Here is the minutes provided by the board
MEMBERS PRESENT:
Mike Mumm
Dave Swingler
Gary Welton
Mark Thies
Rob Macklin
Kurt Buehnerkemper
Alan Harris
MEMBERS ABSENT:
None
OTHERS PRESENT:
Tracy A. Willenborg, City Attorney
Jeremy Heuerman, City Director Department Public Works
Michelle Wilkins, Building Official
Michael Tappendorf, Milano & Grunloh
Dawn Schabbing, Effingham Daily News
Kim Gammon, Court Reporter
1. Roll Call: The June 25, 2019, City Zoning Board of Appeals meeting was called to order at 6:00 p.m. by Chairman Mike Mumm, with a quorum being present.
2. Approve Minutes of Regular Meeting of May 28, 2019: On motion by Alan Harris, seconded by Gary Welton, the minutes for the May 28, 2019, meeting were approved by unanimous vote, as presented.
3. Public Hearing:
Location: Part of 309 S. Second Street and 406 S. Third Street, Effingham, Illinois
Requesting: Front Yard Setback in an R-3C, Multiple Dwelling District
Petitioners: Doedtman & Moreton, an Illinois general partnership
The Petition for Variance was filed by the owner of the Subject Property, Doedtman & Moreton, an Illinois General Partnership. Petitioner is seeking a variance to allow the construction of apartment buildings on the Subject Property with a south front yard setback of zero (0) feet, which is less than the minimum twenty-five (25) foot setback required in an R-3C, Multiple Dwelling District.
Jessica Moreton, appeared on behalf of Petitioner, Doedtman & Moreton, to testify in support of the Petition. Ms. Moreton advised that the Petitioner is seeking a variance on the south side of the Subject Property, in order to allow the Petitioner to construct the proposed apartment complexes, construct the required parking area, as well as to allow the Petitioner to construct porch areas on the front of the apartment units, to allow a greater community feel, as well as include the required landscape/green scape areas.
Ms. Moreton testified that the petitioner would be seeking a variance to go down from six feet to zero feet. In response to questioning by Board Member Swingler and City Attorney Tracy Willenborg seeking clarification on the variance being requested by the Petitioner, Ms. Moreton clarified that the Petitioner is seeking a variance from a required twenty-five (25) feet to zero (0) feet.
In response to questioning by Board Member Welton regarding the proposed construction, Ms. Moreton testified that they would place the apartment complexes along the south property line, the area where the variance is being requested, and they would further construct patio/porch areas in the front of the apartment units to give it a more community-like feel, to allow tenants to socialize more and provide a family community.
In response to further questioning by Board Member Welton regarding the impact of a denial of the Petition, Ms., Moreton confirmed that the Petitioner would not be able to include the patio/porch areas, nor would they have the room to provide the required parking areas.
In response to additional questioning by Board Member Welton regarding moving the apartment complexes forward on the lot, Ms. Moreton testified that if they moved the apartment complexes forward, they would not put patio/porch areas on the backside of the apartments. Ms. Moreton testified that she feels like putting porches on the back of apartments creates a storage area type of issue.
In response to further questioning by Board Member Welton regarding whether there will be access out of apartments toward the south lot line, Ms. Moreton testified that there would not be access points on the south wall of the subject apartment complexes.
In response to questioning by Board Member Buehnerkemper regarding the entity responsible for maintaining the permanently closed portion of National Avenue,
Ms. Moreton presumed that the City would maintain that right-of-way. Ms. Moreton
further testified that they keep the grounds of their current apartment units cleaned up and mowed, as well as the area around their properties, even if it might be owned by other entities.
In response to questioning by Board Members Harris and Thies regarding the direction the apartment complexes will be constructed, Ms. Moreton confirmed that two apartment complexes will face north, and two will face south. Ms. Moreton further confirmed that the porch/patio areas for the four apartment complexes will face each other.
In response to questioning by City Attorney, Tracy Willenborg, regarding the hardship faced by Petitioner, Ms. Moreton testified that if they do not get a variance, they would not be able to construct the porch areas, and a portion of the green spaces, and do not believe they would be able to construct the required parking areas. In response to further questioning by Attorney Willenborg, Ms. Moreton further confirmed that the lot is considered a double frontage, which also is a cause of hardship because of the additional setback requirements off of front yards.
No one appeared to testify in opposition of the Petition.
At the request of the Board, Jeremy Heuerman, City Director of the Department of Public Works, appeared to testify. In response to questioning by City Attorney, Mr. Heuerman confirmed that the Subject Property is considered a double frontage lot. In response to further questioning by City Attorney Willenborg, Mr. Heuerman testified that the Subject Property is zoned R-3C, Multiple Dwelling District, which has a twenty-five (25) foot setback requirement for front yards. Mr. Heuerman further confirmed that the Petitioner is seeking a variance from the required minimum twenty-five (25) foot front yard setback down to zero (0) feet along National Avenue. In response to questioning regarding National Avenue, Mr. Heuerman confirmed that that area of National Avenue is not open for travel, that it has been permanently closed since 2000, and that the City does not plan to ever open back that area of National Avenue because the right of way is very narrow, located right next to the railroad, would take a significant financial investment to improve the road, and it floods frequently. Mr. Heuerman further confirmed that the subject portion of National Avenue has never been vacated.
In response to questioning by Board Members Thies and Welton regarding the maintenance of National Avenue, Mr. Heuerman confirmed the City would be responsible for maintaining National Avenue, including all required weed and grass control. Mr. Heuerman further testified that the City still has utilities within that area of National Avenue. Mr. Heuerman also advised that the City does not have any plans to tear up the oil and chip area of that portion of National Avenue.
In response to questioning by City Attorney Willenborg regarding the current setback requirements for the side yard, Mr. Heuerman testified that the setback for side yards in the zoning designation is six (6) feet
In response to questioning by Board Member Buehnerkemper regarding the width of National Avenue, Mr. Heuerman testified that the right-of-way area is approximately 40 feet. Mr. Heuerman testified that the street area, which is approximately 18 feet in width, is almost completely deteriorated.
In response to questioning by City Attorney Willenborg regarding the adjacent railroad right-of-way to the south of National Avenue, Mr. Heuerman testified that National Avenue is actually built within the railroad right-of-way.
The hearing was closed and a discussion was conducted among the Board members in open session. The Board Members voiced approval of the requested variance, and found the variance to be justified due the lot being a double frontage area, the location of the vacated right-of-way, and the inability to construct sufficient parking without the variance.
On motion by Gary Welton, seconded by Dave Swingler, the Zoning Board of Appeals approved, by a 7 to 0 vote, the variance as requested.
4. Public Comment: None
5. Adjourn: On motion by Gary Welton, seconded by Dave Swingler, the meeting was adjourned.
https://go.boarddocs.com/il/voeil/Board.nsf/files/BE7HLW4477D3/$file/6.25.19%20Minutes.pdf
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