City of Effingham Zoning Board of Appeals met June 27.
Here are the minutes provided by the board:
MEMBERS PRESENT: Mike Mumm
Kurt Buehnerkemper
Ken Wohltman
Mark Thies
Carrie Rodman
Andy St. John
MEMBERS ABSENT: Theresa Hillyer
OTHERS PRESENT: Tracy A. Willenborg, City Attorney
Luke Thoele, City Engineer
Chris Roedl, Building Official
Matt Kulesza, Assistant Fire Chief
Gary Maninfior, Maninfior Court Reporting
1. Quorum: The June 27, 2023 City Zoning Board of Appeals meeting was called to order at 6:00 P.M. by Chairman Mike Mumm. A quorum was present.
2. Approval of May 23, 2023 Minutes: Board Member Buehnerkemper advised that the vote on page 10 should read “by a 5 to 1 vote” rather than by a “6 to 0 vote”. Luke Thoele advised that he was not present at the May 23, 2023 and his name should be deleted as being present at the meeting. On motion by Board Member Ken Wohltman, seconded by Board Member Carrie Rodman, the minutes for the May 23, 2023 meeting were approved by unanimous vote, as amended.
3. Location: 1000 W. St. Anthony Avenue, Effingham, Illinois
Requesting: Variance for Building Setback in R-2, Single-Family Residence District
Petitioner: Victoria A. Storm
The Petition for Variance for Building Setback Variance was filed by the owner of the Subject Property, Victoria A. Storm. The Petitioner is seeking variances to allow the construction of a single-family home building, as follows:
A. Reduce the buildable width to 29 feet, which is less than the required 32 feet per Article 22-3.A of Appendix B of the Municipal Code of the City of Effingham;
B. Allow the west yard to be a side yard with a setback of 6 feet rather than a rear yard with a setback of 25 feet per Article 21 of Appendix B of the Municipal Code of the City of Effingham;
C. Allow the north yard to be a rear yard with a setback of 25 feet rather than a side yard with a setback of 6 feet per Article 21 of Appendix B of the Municipal Code of the City of Effingham; and,
D. Allow the front yard setback of Oak Street to be reduced to 15 feet, which is less than the minimum twenty-five (25) foot setback required per Article 22-2.A of Appendix B of the Municipal Code of the City of Effingham.
Ms. Victoria Storm, Petitioner, appeared to testify in support of the Petition. Ms. Storm testified that she owns the Subject Property, which is located on the corner of St. Anthony Avenue and Oak Street. Ms. Storm advised that the house that was previously located on the Subject Property was built in 1942. Ms. Storm testified that the house was recently destroyed by fire. Ms. Storm advised the Board that the home did not conform to the zoning regulations. Ms. Storm testified that she would like to build a new home on the Subject Property. Ms. Storm testified that, in her opinion, the new home will improve neighborhood aesthetics and property values.
Ms. Storm testified that she needs a variance to the setbacks because the Subject Property is only 50 feet wide, and it is a corner lot. Ms. Storm testified that, in her opinion, the variance will not be detrimental to adjoining properties. Ms. Storm advised that her neighbor, to the north, has a structure built up to the right-of-way.
Ms. Storm testified that if she is allowed to switch setbacks, she would have room to build an attached garage or detached structure in the future.
Ms. Storm requested that the Petition, and the exhibits attached to the Petition, be made part of the record.
In response to questioning by City Attorney, Tracy Willenborg, Ms. Storm confirmed that the house, that was originally located on the Subject Property, was destroyed by fire, and the home has been demolished and removed. She is proposing to reconstruct a new home on the lot. The Subject Property is a corner lot, and has a small lot width, which impacts what she can construct on the Subject Property. In response to questioning by City Attorney, Tracy Willenborg, Ms. Storm testified that the lot size, its location as a corner lot, and the recent fire constitute the hardships that she is facing.
Tammy Wente also appeared to testify in support of the Petition. Ms. Wente advised that she is the President of the Effingham Home Builders Association and the Manager of the contractor hired to build Ms. Storm’s new home. Ms. Wente advised that the home will be built according to the specifications provided to the Board and that they are happy to get a chance to build the new home.
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 concurred that the properties location as a corner lot, the smaller lot size, and the recent fire justify the variance. Furthermore, the Board concurred that the variance would not be detrimental to the area.
On motion by Board Member Kurt Buehnerkemper, seconded by Board Member Andy St. John, the Zoning Board of Appeals approved, by a 6 to 0 vote, the variance as requested.
4. Location: 1201 N. Raney Street, Effingham, Illinois
Requesting: Variance for Building Height in a B-5, Highway Commercial District
Petitioner: Effingham Hospitality Partners II, LLC
The Petition for Variance was filed by the owner of the Subject Property, Effingham Hospitality Partners II, LLC, an Illinois limited liability company. The Petitioners are seeking a variance to allow the construction of a four (4) story building with a maximum height not to exceed 60 feet, which deviates from the allowable three (3) story building and height of 45 feet for a building in a B-5, Highway Commercial District.
John McHugh appeared on behalf of the Petitioner, Effingham Hospitality Partners II, LLC, an Illinois limited liability company, to testify in support of the Petition. Mr. McHugh testified that the Petitioner is seeking a variance to the height to allow the construction of a four-story hotel in order to get 97 units on the site. Mr. McHugh testified that there is a significant easement on the south side of the property that complicates the proposed development.
In response to questioning by City Attorney, Tracy Willenborg, Mr. McHugh testified that there are hotels on both sides of the Subject Property that have obtained a variance to allow four stories. Mr. McHugh advised that they own another hotel, on the other side of Keller Drive, that also has a variance to allow a four-story hotel.
In response to additional questioning by City Attorney Willenborg, Mr. McHugh testified that, in his opinion, the variance, if granted, would not be detrimental to any other adjoining properties, nor would it be detrimental to the character of development in the area.
In response to additional questioning by Chairman Mumm, Mr. McHugh confirmed that the Petitioner has already received approval from the fire department.
No one appeared to testify in opposition to the Petition.
At the request of the Board, Assistant Fire Chief, Matthew Kulesza, appeared to testify. Assistant Fire Chief Kulesza advised that he is familiar with the Petition and the requested variance.
In response to questioning by Board Member Thies regarding inspection, Assistant Fire Chief Kulesza advised that the drawings have been reviewed and the proposed building complies with the applicable codes. Assistant Fire Chief, Matthew Kulesza advised that he prepared a recommendation letter detailing requirements for the requested variance and that letter was attached to the Petition.
In response to additional questioning by Board Member Thies regarding additional inspections, Assistant Fire Chief Kulesza testified that all three City inspectors will conduct additional inspections throughout the construction of the proposed hotel.
In response to questioning by City Attorney Willenborg, Assistant Fire Chief Kulesza requested that the correspondence he previously referred to be made part of the record.
Chairman Mumm inquired whether the variance, if granted, should be made subject to the requirements listed in the letter referenced by Assistant Fire Chief Kulesza. In response, City Attorney Willenborg and City Engineer Luke Thoele advised that the requirements did not need to be placed as a condition to the variance, if granted, because those requirements are part of code regulations that the Petitioner would have to meet as part of the construction of the hotel.
The hearing was closed and a discussion was conducted among the Board members in open session.
The Board Members concurred that the location of the easement justifies the variance, as well as the fact that there are other hotels in the area that have a variance to allow the construction of four-story hotels.
On motion by Board Member Ken Wohltman, seconded by Board Member Carrie Rodman, the Zoning Board of Appeals approved, by a 6 to 0 vote, the variance as requested.
5. Discussion Only: APA-IL Plan Commissioner Training: The Board discussed an educational training opportunity for both the Plan Commission and Zoning Board of Appeals.
6. Public Comment: None
7. On motion by Board Member Mark Thies, seconded by Board Member Andy St. John, the meeting was adjourned.
https://go.boarddocs.com/il/voeil/Board.nsf/files/CTWQXT6B7C64/$file/06-27-2023%20ZBOA%20Minutes.pdf
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