Rockford Sun

City of Rockford Zoning Board of Appeals met Sept. 17.

Here are the minutes provided by the board:

Present:

ZBA Members:

Tom Fabiano

Jennifer Smith

Joel Zirkle

Jennifer Spencer

Craig Sockwell

Kim Johnsen

Absent Jarmeise McNeal

Staff: Scott Capovilla - Planning and Zoning Manager

Jeremy Carter – Traffic & Development Engineer

Jacob Rubin – Assistant City Attorney

Chris Tumeo – Fire Prevention

Traci Madison – Administrative Assistant

Others:

Camille Connell Court Stenographer

Applicants and interested parties

Scott Capovilla, Planning & Zoning Manager, explained the format of the meeting will follow the Boards Rules of Procedure generally outlined as follows:

∙ The Chair will call the address of the application.

∙ The Applicant or Representative will come forward and be sworn in.

∙ The Applicant or representative will present their request to the Board.

∙ The Board will ask any questions they may have regarding this application.

∙ The Chairman will then ask if there are any Objectors or Interested Parties. Objectors or Interested Parties are to come forward at that time, be sworn in by the Chairman, and give their name to the Zoning Board of Appeals secretary and the court reporter.

∙ The Objector or Interested Party will state their name and present all their concerns, objections and questions regarding the application.

∙ The Board will ask any questions they may have of the Objector or Interested Party.

∙ The Applicant will have an opportunity to rebut the concerns/questions raised by the Objector or Interested Party.

∙ No further discussion from the Objector or Interested Party will occur after the rebuttal of the Applicant.

∙ The Board will ask any final questions they may have regarding this application.

∙ The Board will then deliberate and a roll call vote taken.

The ZBA meeting is not a final vote on any item. However, it is the only time in which the public may participate. After the ZBA meeting, the item moves on to the Code & Regulation Committee. Although, the public is invited to attend the meeting, public input is not allowed at the committee meeting. The date of the Code & Regulation meeting will be Monday, September 23, 2024 at 5:30 PM in City Council Chambers (2nd floor of City Hall) as the second vote on these items. The third and final meeting in this process is the City Council. That vote is tentatively scheduled Monday, October 7, 2024. If the item is laid over at the ZBA meeting, the next meeting is Wednesday, October 16, 2024. If for any reason the item is laid over at the committee level or on the City Council floor, the item is automatically laid over for two (2) weeks.

The meeting was called to order at 5:31 P.M.

A MOTION was made by Jennifer Spencer to APPROVE the August 20, 2024 meeting minutes. The motion was SECONDED by Joel Zirkle and CARRIED by a vote of 4-0-2 with Craig Sockwell and Kim Johnsen abstaining.

ZBA 043-24 6075 East Riverside Boulevard

Applicant Jeffrey Linkenheld for Gerlando Galluzzo/Macalube 2 LLC

Ward 4 Special Use Permit for a drive-through pick-up window in a C-2, Limited Commercial Zoning District

Jeffrey Linkenheld of ARC Design and Gerlando Galluzzo, owner of Sam’s Ristorante & Pizzeria, were present. Mr. Linkenheld stated Mr. Galluzzo is the owner of the Ristorante & Pizzeria located at 6075 East Riverside Boulevard and is requesting a Special Use Permit to construct a pick up window for carryout orders. A building permit has been approved for a 3-season heated patio and Mr. Linkenheld is requesting the pickup window be added to this project. Mr. Linkenheld stated he is requesting conditions number four and five regarding signage be removed from the conditions of approval. Mr. Linkenheld handed out pictures of the existing signage. Mr. Galluzzo said the signs were installed due to an expansion of the restaurant 25 years ago. Jennifer Spencer and Kim Johnsen stated in their opinion the existing wayfinding signage would not be an issue. Ms. Johnsen asked staff if consideration of approval be given for the existing wayfinding sign. Planning & Zoning Manager Scott Capovilla stated if the wayfinding sign is a 10 square foot sign it would be considered for approval but the reader board must be removed. Ms. Smith asked about the main freestanding sign. Mr. Fabiano stated the board has been consistent with the ordinance regarding signage but, in his opinion, he considers this sign to be a landmark, therefore, he would consider approving to keep the main sign as it is currently. Board members discussed the importance of remaining consistent with past recommendations requiring the removal of non-conforming freestanding style signs.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE a Special Use Permit for a drive through pick-up window in a C-2, Limited Commercial Zoning District but removing condition number 5. The motion was SECONDED by Kim Johnsen and CARRIED by a vote of 6-0.

Approval based on the following conditions:

1. Must meet all applicable Building and Fire codes.

2. Submittal of Building Permits for Staff’s review and approval.

3. Must develop site in accordance with Exhibit D, E and F.

4. Removal of the non-conforming free-standing sign and/or replace with a landmark style sign.

5. All conditions must be met prior to establishment of use.

FINDINGS OF FACT FOR APPROVAL OF A SPECIAL USE PERMIT FOR A RESTAURANT WITH A DRIVE-THROUGH WITH PICK UP WINDOW IN A C-2, LIMITED COMMERCIAL ZONING DISTRICT

LOCATED AT 6075 EAST RIVESIDE BOULEVARD

Approval of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance or operation of the Special Use Permit will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.

2. The Special Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use does conform to the applicable regulations of the C-2 District in which it is located.

ZBA 044-24 1275 North Main Street

Applicant Tom Yankaitis

Ward 3 Modification of Special Use Permit #050-90 for the overnight storage of customer vehicles, the elimination of required landscaping, outdoor storage of a shipping container, and to allow the business to operate in a C-1, Limited Office Zoning District and R-2, Two-family Residential Zoning District

The Applicant, Tom Yankaitis, was present. Mr. Yankaitis owns the property located at 1275 North Main Street and was the owner of the auto repair shop for over 30 years. A Special Use Permit was in effect when Mr. Yankaitis purchased the property in 1990. The City of Rockford staff had concerns with the Special Use Permit verbiage and met with Mr. Yankaitis to discuss the concerns. Both parties agreed on the changes to the verbiage and Mr. Yankaitis, therefore, will need to make adjustments to the property to be compliant with the modification of the Special Use Permit. Mr. Yankaitis said he is willing to make the necessary changes and would like to continue to have the business at this location.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Kim Johnsen to APPROVE a Modification of Special Use Permit #050-90 for the overnight storage of customer vehicles, the elimination of required landscaping, outdoor storage of a shipping container, and to allow the business to operate in a C-1, Limited Office Zoning District and R-2, Two-family Residential Zoning District. The motion was SECONDED by Craig Sockwell and CARRIED by a vote of 6-0.

Approval based on the following conditions:

1. Meet all Building and Fire Codes.

2. Submittal of a landscape plan that includes evergreen and/or deciduous shrubs and grasses along the northwest corner of the subject property with plant species and sizes for Staff’s review and approval.

3. The existing chain-link fencing be replaced with sight-obscuring fencing via a Fence Permit for Staff review and approval.

4. Submittal of a business plan including days and hours of operation for Staff review and approval.

5. Removal of the non-conforming freestanding sign/light pole structure and foundation via submittal of a building permit for Staff review and approval.

6. Overnight storage of customer vehicles shall be limited to eight (8) vehicles.

7. No outside storage of any auto parts, equipment, materials, or inoperable vehicles.

8. All conditions must be met prior to establishment of use.

FINDINGS OF FACT FOR APPROVAL OF A MODIFICATION OF SPECIAL USE PERMIT #050-90 FOR THE OVERNIGHT STORAGE OF CUSTOMER VEHICLES, THE ELIMINATION OF REQUIRED LANDSCAPING, OUTDOOR STORAGE OF A SHIPPING CONTAINER, AND TO ALLOW THE BUSINESS TO OPERATE IN A C-1, LIMITED OFFICE ZONING DISTRICT AND R-2, TWO-FAMILY RESIDENTIAL ZONING DISTRICT LOCATED AT 2603 KILBURN AVENUE

Approval of this Special Use Permit is based upon the following findings:

1. The establishment, maintenance or operation of the Special Use Permit will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community.

2. The Special Use Permit will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish or impair property values within the neighborhood.

3. The establishment of the special use will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

4. Adequate utilities, access roads, drainage and/or necessary facilities have been, are being, or will be provided.

5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

6. The special use shall conform to the applicable regulations of the C-1 Limited Office Zoning District and R-2, Two-family Residential Zoning District in which it is located.

ZBA 045-24 3XX, 5XX and 9XX South Mulford Road and 61XX East State Street Applicant District 815, LLC

Ward 14 Special Use Permit for a Planned Unit Development consisting of a strip center for a Halal/Kosher grocery store, a convenience store, a dry cleaner, and restaurants, a community center, three (3) office buildings, twenty-eight (28) duplexes, twenty-five (25) 4-unit buildings, and sixteen (16) 4-unit townhomes in a C-1, Limited Office Zoning District and R-3, Multi-family Residential Zoning District

The Applicant requested a layover prior to the meeting.

A MOTION was made by Tom Fabiano to LAYOVER a Special Use Permit for a Planned Unit Development consisting of a strip center for a Halal/Kosher grocery store, a convenience store, a dry cleaner, and restaurants, a community center, three (3) office buildings, twenty-eight (28) duplexes, twenty-five (25) 4-unit buildings, and sixteen (16) 4-unit townhomes in a C-1, Limited Office Zoning District and R-3, Multi-family Residential Zoning District. The motion was SECONDED by Jennifer Spencer and CARRIED by a vote of 6-0.

ZBA 046-24 Text Amendment

Applicant City of Rockford

Text Amendment for the following Article: 80-009-D

Miscellaneous Nonconforming Uses. All properties in R-1, Single-Family Districts with gravel driveways and/or gravel parking lots legally established are not required to conform to the regulations contained in Section 50-013-A of this Ordinance. All properties in other Residential Districts (RE, R-1U, R-2, R-3, and R-4) and Commercial Districts with gravel driveways and/or gravel parking lots legally established shall conform to the regulations contained in Section 50-013-A of this Ordinance by November 1, 2023.

Nothing in this provision allows illegally established nonconforming parking lots and driveways to remain.

Planning & Zoning Manager, Scott Capovilla, presented on behalf of the City of Rockford. Mr. Capovilla explained the text amendment in detail and the reasons for the changes.

No objectors or interested parties were present.

Staff recommendation is for approval.

A MOTION was made by Jennifer Spencer to APPROVE a Text Amendment for the following Article: 80-009-D Miscellaneous Nonconforming Uses. All properties in R-1, Single Family Districts with gravel driveways and/or gravel parking lots legally established are not required to conform to the regulations contained in Section 50-013-A of this Ordinance. All properties in other Residential Districts (RE, R-1U, R-2, R-3, and R-4) and Commercial Districts with gravel driveways and/or gravel parking lots legally established shall conform to the regulations contained in Section 50-013-A of this Ordinance by November 1, 2023. Nothing in this provision allows illegally established nonconforming parking lots and driveways to remain. The motion was SECONDED by Kim Johnsen and CARRIED by a vote of 6-0

No further business to come before the board, the meeting was adjourned at 5:57 P.M

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