By Bob Balgemann


Typically, after a request from within the community gets a positive recommendation from one of the village’s three standing committees, that item appears twice before the village board before receiving final approval.

But every once in that two-week process is waived and the request receives final approval the same night as it was recommended by one of those committees.

There was such an exception Nov. 2 when a requested special use permit (SUP) was approved on first and second readings by the board. Earlier that evening the request was recommended for approval by the planning and economic development committee (PED).

Here’s why that happened.

The request from Felicia Stines and Curt Perry was to operate a Caps Auto Body and Collision business on 1.03 acres, in a light industrial zoning district at 1240 Shappert Dr. It was explained by Village Administrator James Richter II that the applicants “have an aggressive schedule for opening their business, and that’s why it was expedited for action this evening.”

In introducing the matter, as part of the New Business portion of the agenda, Administrator Richter provided more details. Staff recommended approval, he said, subject to eight conditions being followed. In addition to PED, it also had been recommended for approval by the planning and zoning commission.

He said the applicants had asked Trustee Joe Seipts and staff to expedite the request, which was an option of the village board that night.

“I worked closely with the couple that’s opening this” business, Seipts said., “They explained they had put pretty much everything they had into this. They lost their jobs to COVID-19, and they’re opening this business. They have a family to feed, that they have to take care of, this is their only source of income. And that’s why I asked to include it on tonight’s agenda.”

There was no more discussion and the board, along with Mayor Steve Johnson, approved Ordinance 40-20 on first reading, 7-0. Seipts then brought the ordinance back for second reading, first moving to waive the rules for the mandatory two-week layover.

“I know we’re rushing it but with the time we’re in right now, to have someone bring a business into our village, we should be glad and happy for that,” he said.

Seipts’ motion to waive the rules passed, 6-0; then Mayor Johnson joined in to vote on the second and final reading of the ordinance, which was approved, 7-0.

PED meeting

During the PED meeting earlier that night Planning and Zoning Specialist Carrie Houston provided the background on the request to allow the major motor vehicle repair business on Shappert Drive.

The 1.03-acre parcel is located in an older, industrial area of town, at the northwest end of Shappert Drive, she explained. The industrial building has service bays and is equipped for such a business, she said, but major motor vehicle repair only is allowed in light industrial zoning, with the granting of an SUP.

To be granted a SUP, an applicant must meet six criteria that basically deal with whether the proposed land use will have any negative impacts on the immediate vicinity, or surrounding area. This request met all six.

For example, Criterion No. 2 states, “The proposed special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already stated, nor substantially diminish and impair property values within the neighborhood.”

Staff’s response to that was, “This is a more secluded industrial area, where only local traffic travels. The area will not negatively be impacted with the proposed addition of an auto body shop.”

Committee Vice Chairman and Trustee Erick Beck said he would like a condition added that stated the proposed paint booth would be done under a separate permit.

Administrator Richter said that already was required.

One of the conditions concerning the paint booth states that building must be installed within 90 days of receiving a certificate of occupancy.

Among the other conditions were:

* All vehicles stored outside overnight, whether awaiting repair or having been completed, must be stored within a fenced area. The fenced area must be approved by the community development staff. Also, a fence permit must be applied for and issued by village staff.

Specialist Houston said, “The applicant has already done a lot to address issues that came up. They applied for the fence permit today (Nov. 2).”

* All lighting shall comply with Village Code Section Z-65(7)(d), Lighting, and be directed away from residential properties.

* No inoperable vehicles shall be parked at the site for more than seven days.


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