Board of Zoning Appeals - Regular Meeting

Call to order. I pledge allegiance to the flag to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I think someone to call the role. Thomas here. Simmons here. Woodard Sherrod here. By checker here.

I needed somebody to make a motion to approve the minutes from the last meeting. So moved. A second. So that be approved. Who who was the motion? That was the motion. Who was the second? Okay, we need a vote. Okay, so there was four eyes. Yes. Approved. Uhhuh. Okay. Now we'll open up our No, we we we got to we got to vote on that. I thought you voted. Do we vote on it? You just say all in favor say I. I. I'm sorry. I I four eyes. Okay. Any corrections? No.

Now we're going to open up for a public hearing. Public comment. Yeah. Excuse me. Have anybody sign up for public comment? Okay. Then public hearing for first one will be 141. Oh, okay. I'm sorry. Conditional use of permit for senior group home at 321 John L. Patterson, map 0800, group E, partial 015.00. Come on. You got to have a motion.

Yes. My name is Robert Williams. Uhhuh. 3210 John L. Patterson. Okay. Well, I was I was trying to put a a a group home in that area. It's it's it was currently a a church. I think 1749 square ft. The biggest issue that was, I guess, brought to everyone's attention was the square footage for the actual parking in that area. And I think it doubles what's actually there. It's it's more like a L shape.

And that's about the only thing that that was really a, you know, big big issue is that you have to almost have double square footage for the actual parking. But I was willing to pull any kind of, you know, permits that I need to improve the building, put a new roof, uh, new plumbing, new electrical,

uh, you know, build rooms, separate se separate the rooms, put a a full kitchen, uh, you know, a full living room just for seniors. Uh, I was trying to get, I guess, eight in there, maybe nine. But with the specs and the square footage per room, it actually fit. So, I'm just looking. That's what I was looking to try to do with it. You don't have any questions? So, it was it was a church before? Yes, it was currently a church, but it's it's been vacant for a pretty good while. Gota question.

And you say you What did you say? Repeat again what you said about the parking. The parking. Uh, I've done some measuring here the past couple of days and in the in the back it was about 100 ft by 37. Mhm. And if you put which I'm trying to get eight maybe nine people in there and they they stated that they have to have a parking space for every tenant. So if you get a 10ft average 10ft parking lane you can get nine of them right there. Probably 10. If I want to make it 11 feet is I can actually do that. Excuse me. Okay. So, will this place would it be open for visitors? Miss Sherard,

this is just a public hearing. We will move into it is new business. Okay. I'm sorry. No problem. Thank you. His two minutes is up. Okay. Okay. So yes, during the during the public hearings they speak, you don't ask any questions and then you ask questions at the uh when they present their Yes. in new business and I'm sorry. I'm sorry. Apologize. My my All right. Then we go on down to the next public hearing. Hold on. Nick boy, you speaking?

Okay. I know he um this came up last week as far as uh having a group home in that particular area and uh I had a concern because it's you know basically residential and uh also there are children in the area there are bus stops in the area and how this would actually I know he said senior but how would this actually affect um those children and the uh people that's uh coming in and out of that particular area that was a concern that I had and I know that letters were sent out to some of the residents in that area, but being on the planning commission and representing that representative that area, it was a concern to me.

Thank you. Does anybody else want to speak? That it move on to your next one. Okay, we'll go to the next one. It's 1.42 42 variance to permit the construction of a marquee and a projecting sign at the 718 South Main. I think this is the old theater map 08 J group C partial 034. Is anyone here to speak on that?

Good evening. Michael Cwley, 3559 Hayes Road. Yeah, what we have before you is uh we purchased a theater back uh late last year. We are requesting a variance to bring back uh what we believe from pictures to be the original version of the marquee that was installed back in uh I think it was 1939. Um neon neon lights all all the bells and whistles with the addition of the flag or monument that uh goes down the middle of the building that would have that Springfield uh lettering on it. We feel like that would be just a great uh addition or ornament to the to the main street corridor. Um, we bought this as a investment to really get back to the community. There's a lot of clamoring to bring back things to the to that corridor and to downtown and we feel like this would be a great addition to uh drive traffic locally and uh be a good postcard so to speak for for the city of Springfield. That's all.

Thank you. Anybody else here to speak on that? If it's not, we're going to close the public hearing or public and go over to the new business and take discussion of the first new business is item 2.1. Discuss and probably take action on conditional use permit for a senior group home at 3210 John L. Patterson Street, map 0800, group E, partial 15.00. Do I have a motion? So discussed. I second. Okay.

Okay. Good evening. I sorry. Agenda item 2.1 is a request for a conditional use permit to convert an existing church building at 3210 John El Patterson Street into a residential dwelling senior group home. The applicant is proposing to house up to nine adult residents. staff wants to acknowledge at the outset that the applicant's intent here is thoughtful and well-intentioned. The proposal is aimed at meeting a real need in the community for senior group housing and staff recognizes and appreciates that motivation. Uh key facts that are important for you all to understand as you make a decision. The subject property contains approximately 8,100 square feet and is currently developed with an existing church property, excuse me, existing church building. Under the zoning ordinance, the proposed use qualifies as a personal or group care facility which requires approval of a conditional use permit by this board. The primary issue staff identified with this request relates to lot area. Section 11-1306 of the zoning ordinance, specifically subsection E part 3A, establishes a minimum lot area requirement for personal and group care facilities of at least 10,000 square ft or twice the minimum lot area required by the underlying zoning district. In this case, because the property is zoned R seven, that requirement equates to 14,000 square feet. Unfortunately, the subject parcel does not meet that minimum lot area standard. The property contains approximately 8,100 square ft and the ordinance does not provide a mechanism for reducing or modifying this requirement through the conditional use permit process. Staff also identified several additional considerations, including the need for health department review, confirmation of bathroom facilities, off- streetet

parking compliance, and substantial building and fire code upgrades that would likely be triggered by a change in use. While those items could potentially be addressed through detailed plan review and permitting, the lot area requirement is a mandatory threshold that must be met before the board can approve the use. While staff truly understands the applicant's goals and the potential benefit of this type of housing, we are obligated to apply the zoning ordinance as written based on the findings of fact and specifically the property's non-compliance with the minimum lot area requirement in section 11-1306 part E number three subsection A. Staff recommends denial of the conditional use permit request. Um that concludes our presentation on this this particular request. If you have any questions, I'm happy to enter to answer any of those.

I have any questions?

Well, the the only question I had was the one I posed before as far as the parking because I I'm familiar with the area and uh he mentioned parking for the residents, but what about staff? I mean, there

the the code addresses the parking requirements. The code specifically speaks to senior group care as requiring one space per employee. So it would depend on how many employees are on staff at any given time, presumably two maybe, and then one for every two residents. So if there were nine residents, you would need five permanent parking spaces plus probably two, maybe three. So you're looking seven, eight spaces. Fasibasly, you might be able to get those on the site. I don't know with how our design requirements are for parking lot layouts, but that would be something that would be worked out later.

Anybody else? I'm the code. I'm curious. Well, the space requirement is that a fire condition within the conditional use parameter conditional use permit parameters. It breaks it down additional requirements for each subcategory that somebody might request. And in particular, it just speaks for group homes, for a community facility that would include a group home that it has to be double the base lot size. So,

I don't know where that comes from, to be honest. Probably to allow room for parking and to make sure the building can fit on the property and you have enough room for everybody. That would be my guess, but I don't know exactly where that's based in, where that code is based in. Did you have any feedback from any of the neighbors? I personally did not know. Miss Boyd um she mentioned it to me that some people had mentioned it to her but nobody communicated directly to our offices. And I I'm understanding correctly it does not meet the size the size

does not meet the the property is approximately 8,100 square ft and needs to be 14,000 square ft to meet that threshold requirement. Anybody anything else? Our action, our board has three things. We can either approve it with no exceptions or we can deny the request totally or we can defer action depending on other submittals. Do I have a motion? I would make a motion to deny the request based on the lack of parking space due to the code of the and of the parameters of the code. Is there a second? Second.

Ready for a vote. Thomas, yes. Simmons, yes. Woodard, sorry. Um, Sherid, yes. By checker, yes. The motion to deny passes 4. All right, let's go on to the next line of itism 2.2. 2 discussion to possibly take action on six variants and permit construction of the marquee project signed at 718 South Main map 08J group C partial 34.00. I have a motion to bring that up.

So move. I'll second it. Okay, before I begin presenting this item, did everybody have a chance to review each of the specific variances or do you want me to go through each six? Each of the six. I'm happy to go either way. I have notes to do that if you want me to go through each one. I'll go through each one. You look a little hesitant. Okay. I just there's a lot to them and I Okay, I think just for the record, let's

Absolutely. So, agenda item 2.2 is a request for six sign variances associated with the redevelopment of the historic Capitol Theater located at 718 South Main Street in downtown Springfield. The proposal includes reconstruction of a historic marquee sign and installation of a projecting sign that closely replicates the original signage that was constructed with the theater in the late 1930s. These sign elements are historically characteristic of theater buildings and are an integral part of the overall development, sorry, redevelopment. What you have before you in this image is a picture of the original theater signage. Okay. For clarity and for public record, I'll briefly walk through each of the six variances being requested. The first variance is a request to exceed the maximum total building signage area. The applicant is requesting approval for approximately 275 square feet of total signage, which exceeds the maximum permitted wall signage area of 75 square ft. This variance would apply collectively to the marquee sign and the projecting sign as shown on the submitted plans. And again, that first image shows the marquee sign. In your agenda packet, I included the specific details that um were provided by the applicant. The second variance is related specifically to the marquee sign size. The applicant is requesting a marquee with a signage area of approximately 184 square ft, which exceeds the maximum permitted marquee sign area of 75 square ft. The third variance relates to the size of the projecting sign. The proposed projecting sign would have a signage area of approximately 91 square ft exceeding the maximum permitted projection projecting sign area of 16

square ft. The fourth variance addresses illumination of the projecting sign. The applicant is requesting approval to allow both internal illumination and external LED perimeter lighting which exceeds the illumination limitations for projecting signs under the ordinance. The fifth variance is a request to allow both the marquee sign and the projecting sign to extend into the street right ofway. This request is due to the existing building's proximity to the front property line which limits the ability to install historically appropriate signage without encroachment into the right of way. With regard to this particular variance, I want it to be understood that that signage will not impact the roadway. However, it will just overhang the sidewalk. The sixth and final variance is a request to allow LED marquee style perimeter light bulbs and sockets on the projecting sign. This variance is requested to allow permanently mounted LED marquee style bulbs that replicate the historic theater lighting rather than temporary or decorative string lights, which are what the ordinance is intended to prohibit. Staff evaluated this request against the nine variant standards required by the zoning ordinance. While the property does not exhibit unique physical conditions, staff found that the remaining standards are met. The capital theater is a unique historic entertainment value and there are no comparable developments or operating theaters of this scale or character within the city. Signage is a permitted accessory use in the zoning district. The variance requests are not financially motivated. In fact, reconstruction of a historically accurate marquee is significantly more expensive than installing alternative signage that would meet current code standards. The request is driven by

historic preservation and alignment with downtown revitalization goals rather than cost savings. The original marquee was previously condemned and removed prior to the current ownership. So, the hardship associated with with reconstructing the signage is not self-created. Staff also found that the requested variances represent the minimum relief necessary to allow a reasonable and historically appropriate use of the property. The proposed signage will be professionally engineered and constructed in compliance with all applicable building, electrical, and safety codes and is not anticipated to be detrimental to public safety or surrounding properties. Finally, the project is consistent with the city of Springfield 2044 comprehensive plan, which repeatedly identifies downtown revitalization and expanded entertainment opportunities as priority goals. The reconstruction of the marquee and installation of the projecting sign support those goals by reinforcing the historic character and visibility of downtown. Based on the findings in the staff report, staff recommends approval of variances one through six, subject to final sign permit review and compliance with all applicable construction and safety standards. That concludes staff's presentation for agenda item 2.2 and I'm happy to answer any questions this board may have.

Have any questions? I have one for Mr. Carly. You come to the microphone, please, sir. Yes sir. The the sign is it's not more of a digital display. It's an actual LED lit sign. Correct. That that is correct. So there is no, you know, LED digital display like uh you would see at a bank or anything. It's all um static I guess would be the correct word. Okay, cool. I think it's a really nice job that what you're doing there. Thank you. Any questions?

No. I just a comment that I understand the motivation but I think it's critical that we articulate though it doesn't have any we could describe it as not having any specific physical characteristics that make this property uh in need of variance. It's critical that we describe what makes it unique if we do approve this. Do you question me on that?

Not in particular. I mean I I know that as far as I mean almost every building on the square existed before and still sits outside of any kind of zoning position. Well, a lot of churches and things on corners that are very close to corners and so forth. And um I don't know just the most significant thing about this building that makes it unique is its I would say its age and significance. But I'm just saying I think it's critical.

This particular property from researching it in my office preparing this report, the property was originally developed as a theater. It operated, I don't know, until it closed. I'm guessing in the early 2000s is approximately when it closed. Um, the zoning in this part of town does have all of the buildings right up on the street. And that is the purpose of that zoning district is to bring everything kind of to the road, so to speak, and provide for that pedestrian access. I don't know if that actually answered your your question or your thought, though. Well, it's not so much a question as much as I think it's critical if we approve something like this, we articulate specific uniqueness to this building, it's always our job to make not make permanent provision for

absolutely. So, I think given that it is the only theater of its kind in this community, prefacing on that regard, there is another theater on the square. I have heard that there was another one. Yes. So, I have not seen any plans to bring that one back to life as a theater, but I suppose it is possible that at some point. So, I another Murphy absolutely understand where you're going with this.

I've got a question for Mr. Brewer. Can we approve all of them? It won one vote. All six of them. What do we need to do individually? were they're presented as all in one. I just I just I just want to clarify all in one. If Yeah. If if you were to want to not approve one specific, you could pull it out. I just want to make just clarify that you could vote on them independently if you wanted just identify them as variance one, variance.

We we'll do all six of them one time. I got through. Have a motion to approve this. I will make a motion to approve the sign based on the uniqueness of the building and it's bringing back character from I guess the 1930s when the building was originally constructed and what it's constructed for. So I would make a a motion to approve. Is there a second? I second. You want to call the role? Thomas, yes. Simmons, yes. Sherara, yes. by checker. Yes. Passes 40 to approve the six variances.

Do we have any any other business we need to discuss while we're here? Um the only thing is at some point planning commission will appoint another member and at that time this board will have to vote on a new chair. Good. Thank you. And just for the record I think Larry's doing an excellent job. I haven't done this. I haven't done this in three years. I agree. If maybe they will nominate you as the new chair, but no, there is no new um there's no additional information and right now we have nothing for February. Okay, so the agenda deadline has passed. Motion to adjurnn.

I make a motion to second. All in favor? I reading adjournment.