HomeMy WebLinkAboutWeekly Newsletter (2)
BOARD OF APPEALS MINUTES
December 11, 2013
PRESENT: Dan Carpenter, Robert Cornell, Tom Willadsen, Dennis Penney, Kathryn Larson,
Robert Krasniewski
EXCUSED: none
STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording
Secretary
Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
The minutes of November 13, 2013 were approved as presented. (Carpenter/Larson)
ITEM I: 1130 N. WESTFIELD STREET
Irgens Partners-applicant, Evergreen Retirement Community Inc.-owner, requests the following variance to
permit a canopy structure addition in the required front yard setback:
Description Code ReferenceRequired Proposed
Front yard setback 30-17(B)(2)(c) 25’ 9’ 2 3/8”
Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the property is
zoned R-1 Single Family Residence District and is being used for commercial retirement facility purposes.
The property features a collection of detached homes, duplexes and other associated facilities comprising a
group home care complex built in 1972 and is located in a predominately mixed use area. The applicant is
proposing to construct a 19’x17’ canopy structure on the east side of the principal facility fronting N. Eagle
Street to accommodate elderly residents with a sheltered drop-off area. The project location is unique due to
the proposed construction limits at the south terminus of N. Eagle Street as it transitions from public right-of-
way to private access drive immediately north of the proposed structure. Vehicle safety will not be
compromised as the proposed structure will not create any vision conflicts and the front yard setback
standard is unnecessarily burdensome in this case. Alternative placement for the canopy is limited due to the
presence of public sidewalk and utility easement areas. Building and fire code compliance will be needed
due to its close proximity to the property line which will be addressed prior to building permit issuance if the
variance is granted. Staff recommends approval of the variance as requested.
Tom Tuchscherer, 5306 Broderick Road, Omro, was present on behalf of Evergreen Retirement Community
to answer any questions the Board may have. He stated that he had discussed the matter with City staff and
worked out the details other than the approval of the variance today. He further stated that the canopy was to
facilitate getting residents in and out of the building.
Ms. Larson stated that she did not feel that elderly 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 1 December 11, 2013
Mr. Cornell commented that the entrance as it exists had not been a problem for the past 40 years.
Ms. Larson stated that a lot of people use this entrance and more people are going there than in the past
which leaves less available parking close to the facility.
Mr. Penney inquired where the entrance is compared to the location of the café.
Mr. Tuchscherer replied that it is north of the café.
Board members reviewed a larger copy of the site plans.
Mr. Willadsen questioned the need for the sprinkler fire protection system.
Mr. Muehrer responded that it was a required building and fire code issue.
Mr. Tuchscherer added that it was a state code requirement.
Mr. Muehrer stated that he discussed the issue with Inspection Services and it will be addressed at the 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 expansion of the facility.
Mr. Tuchscherer responded that there was some construction 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 street ends which appeared to be just before this proposed
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 2 December 11, 2013
Increased safety.
Physical limitations of property.
Covered entrance has no vision effect on other properties.
There being no further business, the meeting adjourned at 3:46 p.m. (Penney/Larson).
Respectfully submitted,
Todd Muehrer
Associate Planner/Zoning Administrator
Board of Appeals Minutes 3 December 11, 2013