Board of Zoning Appeals - Regular Meeting

All right, let's call to order the November 6 BCA meeting. Let's do the pledge of allegiance. I pledge allegiance 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. All right, let's call roll. Briggs here. Simmons here. Sherrod here. Here. Four present. We have a quorum.

All right. Item 1.3 is approval of the minutes from the regular meeting of the board of zoning appeals held on September 9th. So move. Motion. Is there a second? Second. All right. Okay. All those in favor? I I.

Any oppose? Passes. Next item is 1.4 public comment period. Is there anyone here from the public who want who signed in wants to speak? Okay. Item 1.5 is public hearing. So 1.5.1 is conditional use permit request for temporary gravel parking lot at Electrolux. It's on map 080 N group A parcel 065.00. Is there anyone from the public here just to speak on this item? All right, seeing none public hearing closed on that item. The next one is 1.5.2 Two, a variance request to reduce the minimum building setback from 30 ft to 20 ft for property zoned multiple residential and office district MRO located at 54 North Main Street. Map 080B, Group C, parcel 021.00. Is there anyone here who wants to speak on that item? Yes, ma'am. Please come forward. I was here a couple months ago for a five foot variance and the 10-ft variance would be a lot more advantageous because of the sewer lines that run behind the lot and also because of the incline that drops off to the line to the creek. So the surveyors come back and redrew it all. So you I guess you have that somewhere.

Okay. Okay. All right. Thank you. Thank you. Anyone else who wants to speak on this item? Okay. Seeing none, the public hearing's closed. So, next up is 2.0 new business, which is 2.1. Discuss and possibly take action on a conditional use permit request for a temporary gravel parking lot at Electrolux. That's map 080, group A, parcel 06500. Is there a motion to put this on the floor? I make a motion. I'll second it. All right, Mr.

Good evening. The first item before the board tonight is a request from Electrolux for a conditional use permit to allow continued use of a temporary gravel parking lot. To provide some background, in April 2023, the board approved a sixmonth temporary permit allowing Electrolux to use gravel parking areas while new paved employee parking lots were under construction. The city's zoning ordinance, specifically section 11-702, allows this board to approve such temporary gravel lots for up to 6 months, but only in cases where a legitimate hardship exists, such as construction activities or site constraints. Those new permanent parking lots have now been completed and are in use. The temporary gravel areas are no longer being used for active parking. staff reached out to the company this summer and representatives confirmed in a July 24th email that they intended to remove the gravel and reestablish the areas in grass, but that the work had not yet begun due to internal budgeting and timing concerns. The applicant is now requesting an extension of that temporary permit to keep the gravel in place until next spring. However, the conditions that justified the original permit, namely the lack of adequate parking during construction, no longer exist. The zoning ordinance makes clear that financial or convenience related reasons cannot serve as the basis for an extension. In addition, while the gravel lots remain, staff from public works must continue conducting site inspections each month to verify compliance, which creates unnecessary administrative oversight for a use that is no longer active. Based on these factors, staff finds that the request does not meet the findings required for approval of a conditional use permit under section 11-72. The original hardship has been resolved. The lots are no longer being used and

the ordinance requires the gravel to be removed in the area restored. For these reasons, staff recommends denial of the request and recommends that the gravel be removed and the site returned to grass in accordance with the original approval. Thank you. Questions on this? If we deny this, can can we put a time limit on because we're starting to get into winter, start getting muddy, stuff like that, or does it just go in effect immediately?

It would go into effect immediately. Whether or not they actually remove it though, I don't know how long it will actually take them. The reason when we started this process back, it was probably actually June, late June, early July. We started talking again about what was going on here. It sounded at that point like they were going to go ahead and just do the process. So when I followed up again in September, they said, "Well, maybe in the fall or the spring." They hadn't budgeted for it. The latest was that they wanted to wait till the spring because of the type of grass they wanted to use, which was legitimate. I understand the nature of how things grow. However, there's been very little communication. There's been no movement moving forward. And the permit was originally issued two years ago. Two years ago, two and a half years ago at this point, I didn't even know about it until storm water folks at public works brought it up to me that could follow up on it because they were continuing to have to do site monitoring monthly. And so it is just it's it takes time to do these things and if they don't need to be done I don't know that I answered your question though. Yes, they should remove it immediately.

So I would assume staff would continue to go out and check it and then there'd be warnings and then eventually a clock starts ticking to go to court if it's not done. Yes. But if you get into the middle spring by the time you know that goes and that that plays out which ideally I mean if they if they start working toward it maybe the grass could be established at that point. I'd like to see it happen sooner but you can't make grass grow in the winter either.

Is it something that the Springfield Electrolux has to wait for corporate to give them an okay? I don't understand the reason behind why it wasn't why the financial consideration wasn't made at the time that they applied for the original permit and did the construction. I would have thought that would have been budgeted for and those funds would have been put in place and a plan in place for removing the gravel and reestablishing the grass. I have a contact the contact's been pretty good about responding. He just didn't give me any real reason about why they didn't have the funding in place for it. Other questions?

Okay. We must have voted not to make a posit. We make a positive motion and then do we Well, I think you could say uh a motion to deny and then um we vote. So, if you vote yes, you're saying you're approving denial. That makes sense. I make a motion to deny deny. Is there a second? Second. Okay. Second. Briggs. Yes. Simmons. Yes. Wither. Yes.

Yes. Yes. All right. Next item is 2.2. Discuss and possibly take action on a variance request to reduce the minimum building setback from 30 ft to 20 ft for property zone multiple residential and office district mro located at 54 North Main Street. Matt 080B, group C, parcel 021.00. Is there a motion to put this on the floor? I make a motion. Second.

All right, Mr. This last item is a follow-up variance request for 54 North Main Street, which the board reviewed and approved in September. At that time, the board granted a reduction in the front building setback from 30 feet to 25 ft to accommodate redevelopment of the site with six attached residential units. After refining the grading and utility layout, the applicant determined that an additional 5-ft reduction is needed for a total setback to 20 ft to provide adequate separation from the steep slope and the existing sanitary sewer line that crosses the property. The conditions that created the original hardship remain the same and staff finds that this additional adjustment represents the minimum relief necessary to make reasonable use of the site. The request does not change the approved development concept will not impact neighboring properties and remains consistent with the intent of the zoning ordinance. Staff recommends approval of the variance to reduce the front building setback from 30 feet to 20 ft. questions on this one.

What new information came about such that the minimum reduction changed from 5 to 10? It is my understanding from the site plan that was provided and from speaking with the engineer that when they got into the fine details of the engineering that just having that additional five feet would just make it a make it easier to develop the site. You can see in the plat that it it drops off significantly on the backside and there are still the constraints of the power pole and that sewer line that are there. The 20 foot front setback is not inconsistent with the surrounding properties.

Yeah. And I recall I think from the the previous meeting that I think some of that technical information had come to light but it had already been advertised a certain way. So, we were only able to approve the uh smaller setback. Other questions? Make a motion to approve. Okay. Motion or second? Second. All right. Yes. Yes. Yes. Yes. Yes.

All right. Next item is other old business 3.1 Capital Theater.

I just wanted to let you know that I expect soon it may not happen for for December. It might not happen until January. Um Capitol Theater that is moving forward. It was purchased. Facade work officially began today. I was just told they are wanting to replace the original marquee that was on the building. It was condemned and removed some time ago. They're hoping to restore it to its original like how it looked when it was constructed, but that will take several variances likely. I'm not I haven't been able to quantify them yet. I do anticipate more than one variance though, just based on the size of what was there before, but they do understand those will be engineered drawings. It's not as simple as just a typical wall sign.

Do you have contact information with the owner? I just spoke. He was here just a few minutes ago. He just left. I've been trying to get the poster that says coming winter 2020 for a long time. I think that was a different owner. It's been multiple owners, but I wanted that that poster because I think it's hilarious. I will email him and say that there is some interest in that poster if it is still available. Please, but I just wanted you to know that to expect that in the near future. That is a variance that will be brought to this board. Thank you. Anything else? Nope. That's it. Is there a motion to adjurnn? I make a motion we adjourn.

Second. Second. All right.