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HomeMy WebLinkAboutMinutesBoard of Appeals Minutes 1 July 9, 2014 BOARD OF APPEALS MINUTES July 9, 2014 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Kathryn Larson, Robert Krasniewski EXCUSED: Tom Willadsen 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. Mr. Cornell opened the floor for nominations for Chairperson. Motion by Penney to nominate Mr. Cornell. Seconded by Krasniewski. As there were no additional nominations for Chairperson, the floor was closed for nominations. Mr. Cornell accepted the nomination for Chairperson. Motion carried 4-0-1. (Mr. Cornell abstained) Mr. Cornell opened the floor for nominations for Vice-Chairperson. Motion by Carpenter to nominate Mr. Penney. Seconded by Larson. As there were no additional nominations for Vice-Chairperson, the floor was closed for nominations. Mr. Penney accepted the nomination for Vice-Chairperson. Motion carried 5-0. The minutes of May 14, 2014 were approved as presented. (Larson/Carpenter) ITEM I: 4585 ISLAND VIEW DRIVE Island View Sanitary District Winnebago County-applicant/owner, requests the following variances to permit a new stationary generator in the minimum setbacks: Description Code Reference Minimum Proposed Front yard setback 30-17(B)(4)(g)(ii)(bb) 60’ 12’ Side yard setback 30-17(B)(2)(b) 10’ 1’ Rear yard setback 30-17(B)(2)(d) 25’ 11’ 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 an outlot located on the northwest side of Island View Drive with the general area predominately low-density residential land uses. The subject parcel is used as an infrastructure facility serving the Island View Sanitary District and the petitioner is proposing to install a Board of Appeals Minutes 2 July 9, 2014 stationary generator on a concrete slab to protect against power outages. The variances are required as the facility will intrude into the front, side, and rear yard setbacks and practical and logistical issues exist during power failure events and utilizing a portable generator. There is a justifiable hardship due to the limited dimensions of the lot which prohibit any by-right alternative for the placement of the generator and significant property damage could occur to a large geographic area if the requests are denied. Aesthetic concerns should be mitigated as the improvements are recessed from Island View Drive and mature landscaping is present. The variances will not be detrimental to adjacent properties and staff recommends approval of the variances as requested. Ron Harrell, 4636 Island View Drive, stated that staff did an excellent job of presenting the item and the weather issues occurring lately have caused concerns as they only have a few minutes to respond with the delivery of a portable generator to the site in case of a power outage. Mr. Krasniewski questioned the reasoning for the 60’ minimum setback. Mr. Muehrer responded that this was standard for accessory structures of this nature and the City’s 15 to 20 year old code does not allow for this. The zoning ordinance is in the process of being re-written and will hopefully address some of these issues as the Board has had a few requests of this same type in the past as outlots are not designed to meet the required setbacks. Mr. Krasniewski commented that the structure appears to be located in the City however the street is not. Mr. Muehrer responded that the Island View Sanitary District serves both City and Town properties. Mr. Krasniewski also questioned that it appeared to be located in the 100-year flood plain area. Mr. Muehrer replied that the facility would need to be elevated appropriately due to this issue. Mr. Krasniewski then inquired if it would be located far enough from a navigable waterway. Mr. Muehrer responded affirmatively. Mr. Carpenter asked to clarify what is located on the side of the subject site. Mr. Muehrer referred to the photos which displayed the existing services and facilities currently on the site and the subdivision in the vicinity. He also directed the Board to review the drainage easements shown on the map and stated that the proposed generator would be heavily landscaped. Mr. Cornell questioned if the properties to the west of Island View Drive were developable. Mr. Muehrer indicated that some of the parcels are and some are not due to the location of floodplain areas and wetlands which cause some of the lots to be unbuildable. However, the proposed generator installation would protect the property investments located there. Motion by Larson to approve the request for a variance to permit a new stationary generator in the minimum setbacks. Seconded by Penney. Motion carried 5-0. Board of Appeals Minutes 3 July 9, 2014 Finding of Facts: Safety issue. No harm to public interest. Essential to public welfare. Not visible to neighbors. No adverse impact. Parcel is too small to meet any of the setbacks. Standard parcel for accessory utility structures. There being no further business, the meeting adjourned at 3:41 p.m. (Krasniewski/Penney). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator