HomeMy WebLinkAboutMinutesBoard of Appeals Minutes 1 December 11, 2013 BOARD OF APPEALS MINUTES December 11, 2013 PRESENT: Dan Carpenter, Robert Cornell, Tom Willads en, Dennis Penney, Kathryn Larson, Robert Krasniewski EXCUSED: none STAFF: Todd Muehrer, Associate Planner/Zoning Admin istrator; Deborah Foland, Recording Secretary Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declare d present. The minutes of November 13, 2013 were approved as p resented. (Carpenter/Larson) ITEM I: 1130 N. WESTFIELD STREET Irgens Partners-applicant, Evergreen Retirement Com munity Inc.-owner, requests the following variance to permit a canopy structure addition in the required front yard setback: Description Code Reference Required Proposed Front yard setback 30-17(B)(2)(c) 25’ 9’ 2 3/8” Mr. Muehrer presented the item and distributed phot os of the subject site. He stated that the propert y is zoned R-1 Single Family Residence District and is b eing used for commercial retirement facility purpos es. The property features a collection of detached home s, duplexes and other associated facilities compris ing a group home care complex built in 1972 and is locate d in a predominately mixed use area. The applicant is proposing to construct a 19’x17’ canopy structure o n the east side of the principal facility fronting N. Eagle Street to accommodate elderly residents with a shel tered drop-off area. The project location is uniqu e due to the proposed construction limits at the south termi nus of N. Eagle Street as it transitions from publi c right-of-way to private access drive immediately north of th e proposed structure. Vehicle safety will not be compromised as the proposed structure will not crea te any vision conflicts and the front yard setback standard is unnecessarily burdensome in this case. Alternative placement for the canopy is limited du e to the presence of public sidewalk and utility easement ar eas. Building and fire code compliance will be nee ded due to its close proximity to the property line whi ch will be addressed prior to building permit issua nce if the variance is granted. Staff recommends approval of the variance as requested. Tom Tuchscherer, 5306 Broderick Road, Omro, was pre sent on behalf of Evergreen Retirement Community to answer any questions the Board may have. He st ated that he had discussed the matter with City sta ff and worked out the details other than the approval of t he variance today. He further stated that the cano py was to facilitate getting residents in and out of the buil ding. Ms. Larson stated that she did not feel that elderl y residents should be denied an appropriate access to the facility. Mr. Cornell questioned if the entrance was part of the original structure. Mr. Tuchscherer responded that it was and that the facility was built in 1973.
Board of Appeals Minutes 2 December 11, 2013 Mr. Cornell commented that the entrance as it exist s had not been a problem for the past 40 years. Ms. Larson stated that a lot of people use this ent rance and more people are going there than in the p ast which leaves less available parking close to the fa cility. Mr. Penney inquired where the entrance is compared to the location of the café. Mr. Tuchscherer replied that it is north of the caf é. Board members reviewed a larger copy of the site pl ans. Mr. Willadsen questioned the need for the sprinkler fire protection system. Mr. Muehrer responded that it was a required buildi ng and fire code issue. Mr. Tuchscherer added that it was a state code requ irement. Mr. Muehrer stated that he discussed the issue with Inspection Services and it will be addressed at th e time of building permit issuance providing the variance is approved. Mr. Krasniewski commented that there does not seem to be a lot of room in this area and questioned if the canopy would be the only addition. Mr. Tuchscherer responded affirmatively. Mr. Krasniewski stated that the setback line on the site plans was unclear as to its location. Mr. Muehrer displayed on the large site plan where the setback was located and explained that there appeared to be a CAD drawing error on the plans. Mr. Krasniewski commented that if the setback area is only in the corner where Mr. Muehrer depicted it , he questioned if there were any other plans for expans ion of the facility. Mr. Tuchscherer responded that there was some const ruction currently in progress and additional plans for the north portion of the site but nothing else that would impact this area. Ms. Larson requested to clarify where the public st reet ends which appeared to be just before this pro posed canopy. Mr. Muehrer displayed on the site plan the location of the terminus of the public street. Motion by Krasniewski to approve the request for a variance to permit a canopy structure addition in the required front yard setback. Seconded by Carpenter. Motion carried 5-0. Finding of Facts: No harm to public interest.
Board of Appeals Minutes 3 December 11, 2013 Increased safety. Physical limitations of property. Covered entrance has no vision effect on other prop erties. There being no further business, the meeting adjour ned at 3:46 p.m. (Penney/Larson). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator