Representatives of the national chain of convenience stores and the owner of the Jefferson Street property hit another stumbling block when they appeared before the city’s Zoning Board of Appeals Aug. 22 to ask for a 16-foot variance from the rear setback line.

According to members of the zoning appeals board, Casey’s must provide evidence that they meet the exact specifications for approving a variation, specifically that the hardship they face under the present setback requirement is not "self-created."

A decision on the final status will now wait for a survey of the alley behind the lot to determine who owns it, the city or Walter Goodman. If the alley is private property, and if Casey’s can buy it, they will not need a setback and can go ahead with the construction of the store.

However, if the alley belongs to the city, Casey’s will be back before the appeals board, possibly as early as Sept. 19. This time, they will be asking for a variation of only 8 feet because they can use half the 16-foot city alley to meet the setback requirements. They will then still have to prove they meet the specifics of the city zoning code.

"I was hoping you had read our zoning code before you came here," City Attorney Bill Bates told Diane Ahern, Casey representative. He said the board, under the city code, has to determine there are "practical difficulties or unnecessary hardships" before granting a variance.

He also said the zoning board had had an "unfortunate" experience in the Appellate Court, which emphasized to them that they must meet these specific requirements. The incident occurred before he was city attorney, Bates said, and neither he nor zoning board chairman John Sutton would comment on it.

The code says the Zoning Board of Appeals must determine three things:

"1. The plight of the owners is due to special and unique circumstances in determining the hardship, and the hardship cannot be self-created by the petitioning party.

"2. The variation, if granted, will not alter the essential character of the locality.

"3. That after balancing the interests of the surrounding property owners, the benefits of granting the variance outweigh the depreciation of neighbors properties, if any."

The major sticking point for zoning board members was the issue of "self-created" hardship.

According to Ahern, Casey’s needs the setback to allow adequate room between the store itself and the gasoline pumps. "The distance between the pump and the buildings is as short as we can go," she said. "The lot is smaller than we usually use."

Sutton suggested that Casey’s was trying to put too much on the lot. "You’re trying to put 10 pounds of potatoes into a 5-pound bag," he said. "It’s your choice to go with this configuration for safety reasons, and you also chose a lot you knew to be short."

Ahern said the company has several other stores on lots the same size, and noted it was hard to get a lot 150 feet deep. The Jefferson Street lot is 125.71 feet deep, according to Les Last, zoning officer.

"You knew you were going to have to ask for a variance," zoning board member R. James Johnson said.

Ahern said it was not unusual for Casey’s to ask for a variance, and they usually get it. She said she believed the safety factor of having adequate space between the gas pumps and the building should meet the code specifications.

"It’s standard for us to put a store on this size lot," Ahern said.

She also said the original owner of the lot and the alley, Walter Goodman, had agreed to give Casey’s enough room for a setback. The surveyor Casey hired, however, said there was no record that Goodman owned the alley and that it probably belongs to the city.

"If that was a city alley, they could use half the 16 1/2 foot alley as part of their setback requirements. That would give them 8 1/4 feet and they would only need 7 3/4 feet," Last told the board.

Sutton, however, said as far as he knew it was not a dedicated alley. "The street department said, ‘We don’t take care of it, it’s not ours.’"

Bates said there was no way to know who owned the alley without a title search, and he could assure Casey’s that the city would not go to the expense of a title search.

Bates also asked if the Casey layout could be reconfigured by moving it forward.

Gus Otto, who attended the meeting with Jefferson Street property owner Larry Riva, said one reason for the setback was so Casey’s would not obstruct the view of the Postville Courthouse.

After a brief conference with Riva, Otto, and several others who attended to support the Casey project, Ahern asked for a continuance of the meeting. She said the company would pay for the title search of the alley.

Only four members of the seven-member board attended the meeting: Sutton, Johnson, Mannie Gaston and Tom Culnan.

The appeals board meeting was the third hurdle Casey’s has had to jump to get permission to build on the Jefferson Street property. At a meeting Aug. 16, the Lincoln Planning Commission voted 6-3 against rezoning the property from residential to commercial, but at the Aug. 20 city council meeting, that decision was overturned by a vote of 8-2.

Arguments on both sides were presented at both meetings. Main Street Lincoln coordinator Wendy Bell and Looking for Lincoln steering committee member Jan Schumacher opposed the rezoning because they support a plan for a historic preservation district along the Fifth Street corridor from Postville Courthouse to Postville Drive. They believe the Casey store does not conform to the use in such a district.

Riva and Perry Harris, who owns property across the street, spoke in favor of the rezoning, as did Larry Goodman, Walter Goodman’s son and owner of a nearby business, V. Goodman Excavating and Transfer.

Cliff McCumber, owner of the Fifth Street Food Mart, and a group of neighbors appeared at both meetings to oppose the rezoning. McCumber said that a national chain like Casey’s could lower its prices until it drove out competition, then would raise them. Neighbors said they did not want the noise, traffic and lights that a convenience store would bring to the area.

City council members, in overriding the planning commission’s decision, spoke in favor of bringing more business, jobs and sales tax revenue to the city and getting productive use out of the vacant lot.

Seven other aldermen agreed with him, one more than the number required to override the recommendation of the city’s planning commission, which Thursday evening voted 6-3 to deny rezoning the property at 314 S. Jefferson St. from residential to commercial so a Casey General Store could be built on the lot.

Along with Alderman Fuhrer, Aldermen Benny Huskins, David Armbrust, Pat Madigan, Verl Prather, George Mitchell, Bill Melton and Joe Stone voted "yes." The two "no" votes came from Glenn Shelton and Michael Montcalm.

Fuhrer said he feels for the people who go out of business because of competition, but he was elected to make decisions for the entire town, not just one neighborhood. "When I ran, I wanted to see Lincoln grow. We’ve lost a lot of business already. We already have an eyesore by Kroger’s — purple and gold buildings."

He was referring to the site where an auto parts store once considered building. After protests from neighbors, the company withdrew its offer for the property, and the property owners subsequently painted the empty buildings in vivid colors.

Before the vote was taken, several of the aldermen spoke to explain their stand to the audience that filled the council chambers. Joe Stone spoke eloquently for the zoning change.

"I’m greatly disturbed. We have made it increasingly difficult for any developer to come in here and bring jobs and bring money.

"We are looking at a piece of real estate that’s a 10-foot-high mound of dirt. Anything you would put on that piece of ground would look better than what’s there now."

He listed the businesses presently along Fifth Street, from the Postville Courthouse west to Lincoln Parkway, an area Mayor Beth Davis wants to see become a historic preservation district.

"There’s a box factory, an abandoned gas station, a couple of other gas stations, an excavating company, a convenience store, beauty shops, a bank, a real estate office, empty stores. I say to Casey’s that if you want to come in here, I’ll vote ‘yes.’"

"There are legitimate arguments on both sides," Prather said. "I understand McCumber. I’m sure Graue Pharmacy didn’t like Walgreen’s coming in, either."

Cliff McCumber, who with his mother owns the Fifth Street Food Mart two blocks away from the proposed Casey store, had spoken to protest big corporations that come in and put small local merchants out of business.

Verl Prather, too, noted that the vacant lot has always been an eyesore. Replying to comments from those who opposed the Casey store next to the Postville Courthouse, he asked, "How long did that vacant lot sit there next to a historic site? This is an improvement."

Glenn Shelton, however, said he was surprised by the aldermen’s comments, as he thought the council’s priority should be with businesses already in the city. "Make sure they are going well and strong," he said. "Casey’s can only hurt established businesses."

Michael Montcalm echoed the comments of City Attorney Bill Bates, who reminded the council that the vote should be regarded as a zoning issue and not a choice of one business over another.

"It’s a zoning issue, and we got a recommendation from the zoning committee. That’s the way I’m looking at this."

Before the vote, a Casey representative and several Lincoln residents outlined their positions.

Diane Ahern, Casey representative, said the Casey store would benefit the city, hiring 12 to 14 people with a $9,000 to $10,000 payroll every month and paying sales tax on an estimated $1,000,000 yearly.

She said the company has been looking for an appropriate site in Lincoln for three years, a desirable site was not easy to find, and if this site was not approved Casey’s would probably not locate in Lincoln.

She also said she had not heard about the proposed historic preservation district until a week and a half ago. Because the site is in close proximity to other commercial properties and not a desirable home site, she said the company believed it had the potential for a zoning change to commercial use.

Suella Tucker spoke for residents in the neighborhood. "I don’t want a Casey’s in my neighborhood. Do you want Casey’s? Do you want to sit on your deck and look at it? To me it’s that simple. It’s my neighborhood. Represent us, the people That’s what you’re here for," she told the council.

She also submitted a letter to the council signed by herself and seven others in the area.

Main Street Lincoln coordinator Wendy Bell, Jan Schumacher of the Looking for Lincoln steering committee, and Dale Bassi spoke to support the plan for making the area a historic preservation district.

Bell said that Main Street Lincoln is not anti-business and that a historic preservation district does not need to hinder growth. She read a letter from the director of the Illinois Historic Preservation Agency which said that "intense commercial use would be incompatible with the Postville Courthouse" and would have a negative impact on tourism there.

Schumacher said tourism is also a way to bring economic growth to Lincoln, and the Postville Courthouse is a vital part of the tourism program.

Bassi said that last year the state of Illinois spent more than $400,000 on improvements to the Postville Courthouse. Heritage tourism does bring people in off the highway, he said, and when the new Lincoln library opens in Springfield in two or three years, tourism in the Lincoln area could increase.

"There is some momentum going on. Casey’s would hinder rather than enhance the momentum we have gained."

Perry Harris, who owns two lots across the street, spoke in support of Casey’s. He objected to the idea that Casey’s doesn’t conform to the use in the neighborhood, citing a junkyard and an abandoned gas station.

He said if the city wants to use the property at 314 S. Jefferson for a parking lot for visitors to the Postville Courthouse, a suggestion made by Mayor Davis, they should make an offer and buy it.

"The problem in Lincoln is too little traffic and too many parking lots," he said.

Now the Casey corporation needs to get a variance for a setback requirement from the Zoning Board of Appeals, which will hear the request Aug. 23 at 6:30 p.m. If that approval is granted, the company would be free to begin construction.

Campus View Drive is a dead-end street that curves behind Lincoln Christian College. Homes on the street are in the city, but the street belongs to the college. Twelve homes at the far end of the street presently have septic systems, which create problems of flooding and sewer backup for some residents.

At present the council does not have the money to extend the sewer lines to the 12 homes, according to Grant Eaton, sewer plant manager. Putting in a new line and a lift station could cost as much as $350,000, he said. A possible alternative, using a lift station belonging to LCC, would cost the city only $150,000 but would require some or all homeowners to put in ejector pumps, which could cost the homeowners as much as $6,000.

If the city uses the college’s lift station, they might also be asked to maintain it, Eaton said. That would still be much less costly to the city than any alternate proposal. Eaton said he is pursuing grants and other funding sources, which are also needed for the mandatory sewer plant upgrade.

Bill Melton, chairman of the sewer and drainage committee, said he believed the homeowners were entitled to have city sewer service, but pointed out that the council would have the authority to reject any specific funding allocation for the sewer line in the future. The vote in favor of extending sewer service was 8-2, with Aldermen Glenn Shelton and David Armbrust voting "no."

Kevin Bateman, one of the 12 homeowners, said he was happy with the way the city voted. "It was a good-faith vote to put sewers there, to show us homeowners we have not been forgotten," he said.

Bateman and another homeowner, Mike Robbins, have been attending council meetings recently to ask for help with the problems they are having with their septic systems, which are backing up into yards and into the lower level of Bateman’s home.

In other business, the council deferred the request by Logan County for a fiber optic right of way on city property until the next regular meeting Sept. 4, so the city attorney can redraft the ordinance to reflect the final changes. The new agreement will run for 10 years at a nominal cost of $1 a year, and the county will provide the city with two drops which the city can connect to if it wishes. The county will maintain the lines.

The council also agreed to vacate an alley between Adams and Monroe streets, on property owned by Claude Brinner and being used as a trailer court. Brinner owns the property on both sides of the alley, which has not been used as an alley for at least 25 years. No city utilities, in fact no utilities of any kind, are located in the alley, according to city engineer Mark Mathon. Brinner has paid all expenses of the survey.

Fire Chief Robert "Bucky" Washam announced that the fire department will host an open house on Monday, Sept. 3. Parents and children are invited to come and tour the firehouse from 10 a.m. to 2 p.m.

Voting in favor of denying the zoning change were commission members Ron Fox, Scott Cooper, Bob Wood, Leon (Micky) Martin, Dave Klug and Mayor Beth Davis. Voting not to deny the change were Don Miller, Mike Miller and commission chair Betty Gehlbach. The Casey corporation cannot build on that site without the zoning change.

The commission’s recommendation will now go to the Lincoln City Council. City Attorney William Bates, who was present at the meeting, said it would be his guess the council will bring up the issue at its next meeting on Monday, Aug. 20, even though it is not on the agenda.

Bates said the council would probably want to decide if they wished to let the commission’s decision stand, because the issue is scheduled to come before the Zoning Board of Appeals on Aug. 22. The Casey corporation would need a variance in the setback requirements which only the zoning appeals board can grant. If the council chooses not to change the commission’s decision, the board of appeals meeting will be canceled.

Before taking the vote, the commission heard from about a dozen members of the crowd that packed the council chamber. Some spoke in favor of the zoning change and others spoke against it, and not always for the same reasons.

Diane Ahern, representative of the Casey company, told the commission that the company would modify the appearance of the store to be more compatible with the historic Postville Courthouse. However, the company would not make a complete change in the store’s look because its appearance identifies it to customers.

She said Mayor Beth Davis, who wants a historic corridor along Fifth Street from the Postville Courthouse to Postville Drive, had approached her about making the building look like an old-time country store.

The Casey store would employ 12 to 14 people and probably pay a sales tax of about $1,000 a month, Ahern said.

She said Casey’s has been looking for a site in Lincoln for three years, and if this one is not approved, the company will probably not look for another location here.

Perry Harris, who owns property in the area, spoke in favor of the rezoning and allowing Casey’s to build.

"Lincoln seems to be going out of its way to discourage business," he said. He objected to making Casey’s conform to a historic pattern because "There’s a mix of stores down here that don’t conform to anything."

He also pointed out that the Postville Courthouse is a replica and therefore is not truly historic.

Cliff McCumber, who with his mother Judy McCumber owns the 5th Street Food Mart, a convenience store at 1302 Fifth St., objected to "corporate USA coming in and taking over our towns.

"Small businesses care about their communities. If the Little League comes to me they will get a contribution. If they come to corporate America they will get all sorts of red tape. I’ll cash people’s checks. Corporate America won’t."

He said the Casey store would not pay good wages and would not really bring new business to town but would take business away from everyone else. "It’s like a pie. The more people you bring in, the smaller the pieces."

"I am here in support of our local convenience store, Cliff and his family," Pete Fredericks of Pete’s Hardware told the committee. "I think we as citizens of Lincoln should support and lean on one another. I think we can have economic development, but I don’t think Casey’s is the answer."

Larry Goodman of V. Goodman Transfer and Excavating and former owner of Riva’s lot, spoke to support bringing in the Casey store.

"We’re trying to get the property back into production. It’s not like we’re bringing in some sleaze store. This is a quality business. I don’t see many other people willing to spend $750,000 [to develop the property]. The jobs may be low-income jobs, but they’re better than nothing."

Homeowner Suella Tucker, who lives at 403 S. Madison, said she would like to see business in Lincoln but did not want Casey’s to go into that area. "I know it’s selfish, but I don’t want extra traffic, extra lights and extra music."

Jan Schumacher, a member of the Looking for Lincoln steering committee, spoke to support the historic corridor. She passed out brochures for the Postville Courthouse to commission members "as a reminder of the important part tourism plays. Tourism brings economic development. Other small towns are capitalizing on tourism and we need to do this, too."

She said Postville is open more days now that volunteers have been recruited to help staff it. "It had 21 visitors yesterday. Casey’s is not a complementary building. If you look out Postville windows and see gas pumps, that’s not historic."

Before the vote, Bates reminded the commission that they were there simply to vote on the matter of rezoning, not for any specific business. If the zoning is changed to C-2, any business permitted under the C-2 designation would be allowed on the site, he said.

"Is the requested change of zoning in keeping with the comprehensive plan of this community?" he asked.

Commission members called for maps to check zoning in the area. Riva’s lot has R-2 zoning on the north, east and west sides, and C-2 zoning running west to Lincoln Parkway.

Several commissioners said they had mixed feelings about the rezoning.

"I’m really torn on this issue," Mike Miller said before the vote. "I really think it should be commercial."

"I’m on the other side of that," Klug said. "I’m for economic development, and in a sense this tears me up. But I’m voting for my neighbors and friends."

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