East Central Reporter

City of Effingham Zoning Board of Appeals met Oct. 24.

Here are the minutes provided by the board:

MEMBERS PRESENT: Mike Mumm

Mark Thies

Kurt Buehnerkemper

Ken Wohltman

Andy St. John

MEMBERS ABSENT: Theresa Hillyer

Carrie Rodman

OTHERS PRESENT: Tracy A. Willenborg, City Attorney

Luke Thoele, City Engineer

Greg Koester, City Planner

Gary Maninfior, Maninfior Court Reporting

Michael Brumleve

1. Quorum: The October 24, 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 September 26, 2023 Minutes: On motion by Board Member Ken Wohltman, seconded by Board Member Mark Thies, the minutes for the September 26, 2023 meeting were approved by unanimous vote, as presented.

3. Approval October 05, 2023 Minutes: On motion by Board Member Ken Wohltman, seconded by Board Member Mark Thies, the minutes for the October 5, 2023 special meeting were approved by unanimous vote, as presented.

4. Location: 1302 Kollmeyer Lane, Effingham, Illinois

Requesting: Variance for Accessory Building and Front Yard Setback Variance in an R-1, Single-Family Residence District

Petitioner: Michelle L. Brumleve Living Trust

The Petition for Variance was filed by the owner of the Subject Property, Michelle L. Brumleve Living Trust. Petitioner is seeking a variance to (1) allow the construction of an accessory building in a front yard, which is generally prohibited per Article 5-3 of Appendix B of the Municipal Code; and, (2) allow construction of the accessory building with a front yard setback of ten (10) feet, which is less than the minimum thirty (30) foot setback required in a R-1, Single-Family Residence District.

Michael Brumleve appeared on behalf of Petitioner, Michelle L. Brumleve Living Trust, to testify in support of the Petition. Mr. Brumleve testified that they are seeking to construct an accessory building in the front yard of the Subject Property. Mr. Brumleve testified that he and his wife have two children and they are starting to build up items in their garage and need additional storage space. Mr. Brumleve stated that the reason they are looking to construct the accessory building in the front yard is that the property slopes off really bad in the back and west side of the Subject Property. Mr. Brumleve testified that they believe the proposed location would be the only spot available to construct the proposed accessory building. The proposed location is next to the driveway, which will allow easy access to the building.

In response to questioning by City Attorney, Tracy Willenborg, Mr. Brumleve confirmed that, in addition to seeking a variance to allow the accessory building to be located in the front yard, the Petitioner is also requesting a variance to reduce the front yard setback from the required 30-foot setback down to 10 feet. Mr. Brumleve testified that the proposed building is 20 feet wide. Due to the topography, they have limited space available for the building.

In response to questioning by City Attorney Willenborg, Mr. Brumleve also confirmed that the hardship faced by the Petitioner is because of the lot size and topography of the Subject Property.

In response to questioning by City Attorney, Tracy Willenborg, Mr. Brumleve advised that he would request all of the exhibits, which were attached to the Petition, be made part of the record. Those exhibits were made a part of the record. Mr. Brumleve added that some of these exhibits include letters from all five of his neighbors approving the requested variance. Additionally, there are photos and renderings attached as exhibits, which depict the topography, slope, and ravine present on the Subject Property.

No one appeared to testify in opposition to the Petition.

The Board Members concurred that the topography of the subject Property limited the ability to construct an accessory structure in any area other than the front yard and the topography further restricted the ability to meet setback requirements. Board Member Thies further stated that he did not believe that the variance would negatively affect any of the other properties in the area and the five supporting letters substantiate this position.

The hearing was closed and a discussion was conducted among the Board members in open session.

On motion by Board Member Kurt Buehnerkemper, seconded by Board Member Andy St. John, the Zoning Board of Appeals approved, by a 5 to 0 vote, the variance as requested.

5. Discussion Only: Discussion Only-Training by American Planning Association Illinois Chapter- October 5, 2023: A general discussion was held regarding the presentation provided by the American Planning Association Illinois Chapter during the October 5, 2023 special meeting.

6. Public Comment: None

7. On motion by Board Member Ken Wohltman, seconded by Board Member Mark Thies, the meeting was adjourned.

https://go.boarddocs.com/il/voeil/Board.nsf/files/CXRTD776CEEB/$file/10-24-2023%20ZBOA%20Minutes.pdf