Chambana Sun

City of Urbana Zoning Board of Appeals met January 17. 

Here is the minutes as provided by the board:

Members Present            Joanne Chester, Matt Cho, Ashlee McLaughlin, Nancy Uchtmann,

                                         Charles Warmbrunn, Jonah Weisskopf, Harvey Welch

Staff Present                    Lorrie Pearson, Planning Manager; Christopher Marx, Planner I; Teri

                                         Andel, Planning Administrative Assistant II

Others Present                 Avital Livny, Ben Miller

1. Call to Order, Roll Call and Declaration of Quorum

Chair Welch called the meeting to order at 7:01 p.m. Roll call was taken, and he declared a

quorum with all members present.

2. Changes to the Agenda

There were none.

NOTE: Chair Welch swore in members of the audience who indicated that they might give

testimony during the public hearing.

3. Approval of Minutes

The minutes from the December 20, 2017, regular meeting were presented for approval. Ms.

Uchtmann moved to approve the minutes as drafted. Mr. Warmbrunn seconded the motion. The

minutes were approved by unanimous voice vote as written.

4. Communications

There were none.

5. Continued Public Hearings

Case No. ZBA-2017-C-03 – A request for a Conditional Use Permit by Ben Miller and

Avital Livny to allow a second principal structure on their property at 1208 South Vine

Street in the R-3, Single and Two-Family Residential Zoning District.

Chair Welch re-opened this case. Christopher Marx, Planner I, presented the staff report to the

Zoning Board of Appeals. He began by describing the subject property noting its current zoning,

existing land use and future land use designation as well as that for the surrounding adjacent

properties. He explained the purpose for the proposed Conditional Use Permit. He reviewed the

requirements for a Conditional Use Permit according to Section VII-2 of the Urbana Zoning

Ordinance. He read the options of the Zoning Board of Appeals and presented City staff’s

recommendation for the Board to grant the request with conditions.

Chair Welch asked if any Board members had questions for the Planning Staff.

Mr. Weisskopf asked if the Conditional Use Permit would stay with the land if the current

owners should ever decide to sell. Mr. Marx replied that the Conditional Use Permit would stay

with the use as long as there would continue to be two principal structures on the property.

With no further questions for staff, Chair Welch then opened the hearing for public input. He

invited the applicants to speak.

Avital Livny and Benjamin Miller, applicants, approached the Zoning Board of Appeals to speak

in favor of their proposed request. Ms. Livny stated that the current structure is not sound and

would need to be demolished. She explained that the purpose for a second residential use would

be to create something more accessible and allow Ben’s father to stay with them while he is ill.

Later it would serve as a space where family could come and stay for longer periods of time.

Mr. Miller added that his father’s brain cancer makes it plausible that in the future his father

would become wheel chair bound and not be able to stay with them without approval of the

Conditional Use Permit.

With no additional audience to provide comments or ask questions, Chair Welch closed the

public input portion of the hearing. He, then, opened the hearing for the Board’s discussion

and/or motion(s).

Mr. Marx suggested that to simplify the first condition, it should perhaps say, “The new structure

generally conforms with a footprint of approximately 1,500 square feet for the structure to ensure

that the proposed structure was built as proposed as presented in the application.”

Ms. Uchtmann asked if the setbacks on the east and north sides would be conforming. Mr. Marx

replied yes. There would be a setback of 22 feet to the north and 10 feet to the east, which both

meet the setback requirements for the R-3 Zoning District.

Ms. McLaughlin moved that the Zoning Board of Appeals grant the Conditional Use Permit in

Case No. ZBA-2017-C-03 for the reasons articulated in the written staff memo and with the

following conditions:

1. The new structure generally conforms with a footprint of approximately 1,500 square feet

as presented in the application.

2. The new structure conforms with all applicable zoning and building safety codes in the

City.

Ms. Uchtmann seconded the motion. Roll call on the motion was as follows:

          Mr. Cho                   -         Yes            Ms. McLaughlin      -          Yes

           Ms. Uchtmann       -          Yes           Mr. Warmbrunn       -           Yes

           Mr. Weisskopf       -           Yes           Mr. Welch                -           Yes

          Ms. Chester           -            Yes

The motion was approved by unanimous vote.

6. New Public Hearings

There were none.

7. Old Business

There was none.

8. New Business

There was none.

9. Audience Participation

There was none.

10. Staff Report

There was none.

11. Study Session

There was none.

12. Adjournment of Meeting

Chair Welch adjourned the meeting at 7:24 p.m.

https://www.urbanaillinois.us/sites/default/files/attachments/02%20-%20DRAFT%20Meeting%20Minutes%20-%2001-17-2018.pdf