Peoria Standard

City of Peoria Zoning Board of Appeals met June 11.

Here is the minutes provided by the board:

A regularly scheduled Zoning Board of Appeals Meeting was held via remote video on

Thursday, June 14, 2020 at 1:00 p.m., with Chairperson Richard Russo presiding and with proper notice having been posted.

ROLL CALL

The followingZoning Board of Appeals Commissioners were present: Richard Russo, Doug Draeger, Lon Lyons, Laith Al-Khafaji, Jerry Jackson, Dorian LaSaine, Ryan Cannon 7

Staff Present: Leah Allison, Megan Nguyen, Brandon Hayes, Kim Smith, Ross Black, Masum Patel

SWEARING IN OF SPEAKERS

At 1:02 pm Megan Nguyen swore in all speaking petitioners

MINUTES

Commissioner Jackson moved to approve the minutes for the Zoning Board of Appeals meeting held on Thursday, May 14, 2019; seconded, by Commissioner LaSaine. The motion was approved unanimously 7-0.

CASE NO. ZBA 3066

REGULAR BUSINESS

Public Hearing on the request of Ann Schilling to obtain a variance from the City of Peoria Unified Development Code Section 5.4.6 Fences and Walls, to increase the height of a rear yard fence from 6 feet to 10 feet, in a Class R-2 (Single Family Residential) District, for the property located at 9335 N Pine Tree Road (Parcel Identification No. 09-32-452-002), Peoria, IL (Council District 5)

Senior Urban Planner Leah Allision, Community Development Department, read Case No. ZBA 3066 into the record and presented the request to obtain a variance from the City of Peoria Unified Development Code Section 5.4.6 Fences and Walls, to increase the height of a rear yard fence from 6 feet to 10 feet, in a Class R-2 (Single Family Residential) District, for the property located at 9335 N Pine Tree Road

Staff does not object to the requested ten-foot tall fence based upon the criteria for a major variance

1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.

2. The plight of the owner is due to unique circumstances.

3. The variation, if granted, will not alter the essential character of the locality or be injurious to the public

or other property or properties.

Chairman Russo opened the Public hearing at approx. 1:12 pm.

Jan Budzynski spoke on behalf of Ann Schilling and presented to the committee all the reasons in which this request was reasonable. She also stated that other properties were granted the same variance.

Commissioner Al-Khafaji asked if there were any safety risk, and wh past. Senior Planner Leah Allison stated that there were no safety risk and that this seemed to be a group neighborhood effort in the past to get all the fences to this height and this address may not have chosen to participate.

No comments were submitted for discussion. Public hearing closed at approx. 1:16 pm.

Discussion:

Chairperson Russo read the Findings of Fact for Major Variations. It was determined by the commission that criteria 1, 2, 3 were found to be true.

Motion:

Commissioner Al-Khafaji moved to approve the variance, seconded by Commissioner LaSaine.

CITIZENS OPPORTUNITY TO ADDRESS THE COMMISSION

There was no interest from the public to address the Zoning Board of Appeals. Chairman Russo proceeded to ZBA case 3067

CASE NO. ZBA 3067

Public Hearing on the request of Brian & Alane Wiegman to obtain a variance from the City of Peoria Unified Development Code Sections 8.1.5 Off-Street Parking General Requirements and 8.1.7 Parking of Vehicles of Residential District, to increase the width of a driveway from 20 feet to 24.5 feet and allow for a parking space in the front yard, in a Class R-2 (Single Family Residential) District, for the property located at 9203 N Picture Ridge Road, (Parcel Identification No. 09-33-378-021), Peoria, IL (Council District 5)

Senior Urban Planner Leah Allision, Community Development Department, read Case No. ZBA 3066 into the record and presented the request to obtain a variance from the City of Peoria Unified Development Code Sections 8.1.5 Off-Street Parking General Requirements and 8.1.7 Parking of Vehicles of Residential District, to increase the width of a driveway from 20 feet to 24.5 feet and allow for a parking space in the front yard, in a Class R-2 (Single Family Residential) District, for the property located at 9203 N Picture Ridge Road.

Staff recommended denial to increase the width of driveway from 20 feet to 24.5 feet and allowance of a parking space in the front yard based upon the criteria for a major variance

1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district.

2. The plight of the owner is due to unique circumstances.

3. The variation, if granted, will not alter the essential character of the locality or be injurious to the public or other property or properties.

Chairman Russo opened the Public hearing at approx. 1:27 pm.

Alane Wiegman presented to the committee reasons in which she felt as though the variances should be approved. She highlighted the need for a wider driveway and additional parking spot by stating how their road is very narrow and is a designated snow path route. She has multiple drivers at her residence, and she would like to have the safety of having her cars parked on her property instead of the street. Also, there are no sidewalks on the street, and she would like to make more room for other citizens to travel safely.

Senior Urban Planner Leah Allison provided an aerial view of the residence for the committee to see.

Commissioner Lyons mentioned that he spoke with neighbors about this request and they were in support of these variances being granted. Commissioner Lyons is also in support of the variances.

Senior Urban Planner Leah Allision read 2 emails from surrounding neighbors in support of the variances.

With no further interest from the public to provide testimony, Chairperson Russo closed the Public Hearing at approx. 1:40 pm.

Discussion:

Chairperson Russo read the Findings of Fact for Major Variations. It was determined by the commission that criteria 1, 2, 3 were found to be true for both variances.

Motion:

Commissioner Cannon moved to approve the variances, seconded by Commissioner LaSaine.

CITIZENS OPPORTUNITY TO ADDRESS THE COMMISSION

There was no interest from the public to address the Zoning Board of Appeals. Chairman Russo proceeded to ZBA case 3065.

UNFINISHED BUSINESS

CASE NO. ZBA 3065

Petitioner Joseph Richey, a general partner of Richey Family, is seeking to appeal the Zoning Administrator's decision related to Boarding Houses in the WH (warehouse) District for the property located at 1212 SW Adams Street (Parcel Identification No. 18-09-355- 004), Peoria IL. (Council District 1)

Senior Urban Planner Kim Smith, Community Development Department, read Case No. ZBA 3065 into the record and presented the request to appeal the Zoning Administrator's decision related to Boarding Houses in the WH (Warehouse) District for the property located at 1212 SW Adams Street

Petitioner Joe Richey began stating appeal to the determination letter 3/3/2019. Wants it to be considered null and void. Joe Richey presented exhibits pertaining to the first letter of determination sent by Ross Black, Director of Community Development. He began to then present on another letter sent on 10/29/19 and made mention that the building located at 1212 SW Adams is operating more as a social service institution per the code and not a boarding house. Petitioner then began to go through City code on the different users' categories.

Steve West, attorney for Joe Richey, began to present his exhibits (SW 1-5). He began to go over each individual exhibit for the record. As part of his exhibits, Mr. West argues that the definition of a boarding house was not included in the determination letter. He then provided facts to show that the address in question was not a boarding house.

City Attorney Masum Patel presented on behalf of the city and began by reading the definition of a boarding house as well as the group living definition. She then discussed what the city was presented when the applicant applied for a zoning certificate. She argues that the petitioner's argument is not relevant based on the zoning certificate being issued, states the issue is determining whether the address is a boarding house or a social service institution. She then brought up a point that was not addressed before and that was the petitioners did not mention what harm this is causing the petitioner. She argues that if there is no harm, then what is the problem with they have with this address, and states that their arguments are speculative. Asked that the determination letter stands, and the certificate remain intact.

Steve West presented a rebuttal, wants committee to overturn the determination letter stating the address in question is a boarding house. They aren't asking to determine actual use. They are challenging a misinterpretation of the code. Joe Richey also gave a rebuttal, argues that the definition was changed without a text amendment.

Senior Urban Planner Leah Allision read into the 3 public comments. (Chuck Gabbert, Pat Sullivan, Louise Natonek)

Commissioner LaSaine asked Attorney Patel a question regarding the boarding house definition. Commissioner Draeger asked Attorney Patel a question regarding the boarding house definition. Commissioner Al-Khafaji asked Attorney Patel a question regarding the determination letters, and the harm caused to the petitioners, and the definition of single room occupancy (Ross Black gave a definition and a response) Commissioner LaSaine asked Ross Black about the precise definition of boarding house. Chairmen Russo asked if the definition was changed, Ross Black informed that the definition has not changed. March 3rd memo was definition of rooming house.

With no further interest from the public to provide testimony, Chairperson Russo closed the Public Hearing at approx. 3:30 pm.

Discussion:

Commissioner Draeger wanted to determine whether this is within definition of boarding house. Is the definition clear, is more interpretation needed, did the zoning administer misinterpret the definition?

Commissioner Al-Khafaji emented through a proper channel. Feels as though this was not interpreted correctly.

Chairperson Russo read the Findings of Fact to reverse or modify an action. It was determined by the commission that both criteria were found to be true.

Motion:

Commissioner Al-Khafaji moved to reverse the final determination that the proposed use is a boarding house under the UGC, seconded by Commissioner LaSaine. Motion to approve Vote 6-1 (Lyons)

CITIZENS OPPORTUNITY TO ADDRESS THE COMMISSION

There was no interest from the public to address the Zoning Board of Appeals. Chairman Russo proceeded to motion to adjourn.

ADJOURNMENT

Commissioner LaSaine moved to adjourn the Zoning Board of Appeals Meeting; seconded by Commissioner Jackson.

The motion was approved unanimously 7-0 

The Zoning Board of Appeals meeting adjourned at approximately 3:43pm.

http://www.peoriagov.org/content/uploads/2020/03/June-2020-ZBA-Minutes_1594236462_add.pdf