SE Illinois News

Village of Smithton Zoning Board met Nov. 8.

Here are the minutes provided by the board:

ZONING BOARD HEARING MINUTES

The hearing was called to order at 7:00pm by Chairman Rodriguez.

Zoning Board members present were: Tom Incrocci, Tom Schanherr, Leo Simburger, Julie York, Jesse Carlton, and Jim Hildreth. Also present were Zoning Administrator Kari Speir, Chairman Lori Rodriguez, Deputy Zoning Administrator Michelle Schlarman.

Attendees for the meeting were: applicants Hank Milford and Paul Goessling both representing Outfront Media LLC, property owner Mari Bertelsman, surrounding property owners Cynthia Straub and James Reifschneider.

Deputy Zoning Administrator Schlarman read the notice as published in the Freeburg Tribune.

Chairman Rodriguez read the letter sent to surrounding residents and the list of those residents.

Zoning Administrator Speir addressed the Zoning Board members and the attendees. Speir read excerpts from the zoning code which pertain to the submitted requests; 40-8-12 F, Billboards, “billboards and other off premises advertising signs are strictly prohibited in every district except the industrial district”; Article VII, Non-conforming uses, “If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of fifty percent or more of its value at the time, then the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.” The sign had been here for many years and was originally a non conforming use in a SR-1 district that was constructed before the zoning code was redone. The structure was damaged over fifty percent in July. Legal counsel reviewed this matter and recommendations were given to Speir to consider the Special Use request first, prior to discussing the Variances.

Zoning member Incrocci thought that the Variances should be decided first so that when the Village Board receives the Special Use request for consideration, they would have a record of the discussion and information as to why the recommendation of approval or denial was given by the Zoning Board. Per Speir, legal counsel recommended that if the Trustees voted to grant the Special Use, then the Variances would go back to the Zoning Board for consideration. Tom Incrocci made a motion that was seconded by Tom Schanherr to decide on the Variance requests as well as the Special Use permit. Roll call was taken: Tom Incrocci, yes; Tom Schanherr, yes; Leo Simburger, no; Julie York, no; Jesse Carlton, no; Jim Hildreth, no. Motion was denied.

The applicants and hearing attendees were sworn in by Deputy Administrator Schlarman.

Applicant Hank Milford represented Outfront Media at the hearing. He explained that they would like to replace their billboard that was destroyed during a storm. The sign had been constructed in 1950. He states that the sign will be reconstructed in the same spot and will be the same size. Wooden posts and steel construction. He states they have received many calls from the advertisers wanting the sign to be rebuilt. There will be no lights on the sign. He is unaware of a different location to rebuild the sign in an industrial zone. They have a signed contract to lease the site of the sign from the property owners. It was brought up that the measurements on the application state the square feet of the signs are 253, but they are actually 238 per Milford. There is an existing sign on the property that might affect the amount of square feet for signage allowed, but Speir stated that is a different issue since there has not been a sign permit granted for its presence. There is also a discrepancy between the sign height. Milford apologized for the errors. He stated that there is 3-5 feet between the sign and the sidewalk, and there will be no part of the sign that overhangs the sidewalk. He said that there is room between the sign and the overhead power lines.

The property owner, Mari Bertelsman, asked the Zoning Board to consider approving the requests, since the storm was an act of God. She states that there have been other instances in the Village of businesses that have been grandfathered and or rebuilt.

Tom Incrocci made a motion which was seconded by Tom Schanherr to recommend denial of the Special Use request for a billboard at 717 N Main Street since it is in an SR-1 district. Roll call was taken: Tom Incrocci, yes; Tom Schanherr, yes; Leo Simburger, no; Julie York, yes; Jesse Carlton, yes; Jim Hildreth, no. Motion was granted. The applicants were informed that the recommendation will be sent to the Village Board for action at the next Board meeting on 11- 21-23.

Tom Incrocci made a motion which was seconded by Tom Schanherr to adjourn. All were in favor. Meeting was adjourned at 7:33pm.

*The Village Board voted unanimously on November 21, 2023 to accept the Zoning Board’s vote to deny the Special Use request for a billboard at 717 N Main Street.

https://smithton-village.com/wp-content/uploads/Minutes-11-8-23-zoning.pdf