CALLED TO ORDER 5:30 pm

PRESENT: Bill Fell, Bill Goulding, John Hotvedt, Amy Zott, Chuck Rule and Dan Snyder.
Absent: None.
Excused: John Hotvedt.

MOTION: The minutes of May 18, 2004, to include the findings, were approved on a motion by Dan Snyder, seconded by Bill Fell.

CITIZEN COMMENTS: None

APPEAL: By John Prill, 308 Fox Street for a variance from Section 315-48D(I) of the zoning ordinance, which states that no off-street parking area shall be closer than eight feet to a public street right-of-way. The proposed parking area would be 2 feet from the street right-of-way.

Appearing in favor of the variance request was David Torgler, City Administrator. No one appeared opposed to the variance request. The City stood in favor of granting the variance.

DISCUSSION: It was noted that the odd shaped lot, created as part of the former interurban rail line, is substandard as a residential lot and even when combined with the abutting commercial lot is still substandard. However, by combining the two lots and allowing the parking area to be 2 feet from the street right-of-way the property was moved toward conforming status.

RULING: That compliance with the strict letter of the restrictions would unreasonably prevent the owner from using the property for the permitted purpose. On a motion by Bill Goulding, seconded by Bill Fell, the appeal was granted unanimously.

APPEAL: By Fox River Associates, 29606 Durand Avenue, for a variance from Section 315-48D(1) of the zoning ordinance, which states that no off-street parking area shall be closer than eight feet to a public right-of-way. The proposed parking area would be 4.64 feet from the street right-of-way.

Appearing in favor of the variance was Kevin Bird, 849 Ridgemont Drive and Jim Wanasek, 29606 Durand Avenue. No one appeared opposed to the variance request. The City stood in favor of granting the variance.

DISCUSSION: It was noted that the 4.64-foot setback was consistent with the property to the north and that it is 4.64 feet from the street right-of-way that includes the sidewalk. Additionally, strict compliance would result in the loss of 37 parking slots.

RULING: That the sidewalk and green space configuration was consistent with the other properties on Dodge Street and that the loss of parking would be a detriment to adjacent properties. On a motion by Dan Snyder, seconded by Chuck Rule, the appeal was granted four to zero, Amy Zott abstaining.

APPEAL: By Fox River Associates, 29606 Durand Avenue, for a variance from Section 315-52 and Table 7 of the zoning ordinance, which states that where the B-2 District abuts the southerly M-l District, a landscaped buffer yard is required. This provision calls for a 10-foot wide buffer yard w/trees, under story trees, shrubs and a 6-foot tall solid fence.

Appearing in favor of the variance was Kevin Bird, 849 Ridgemont Drive and Jim Wanasek, 29606 Durand Avenue. No one appeared opposed to the variance request. The City stood in favor of granting the variance.

DISCUSSION: It was noted that the buffer yard would be located over the abandon State Street right-of-way which is where the municipal utilities (electric, sewer, etc.) are located. Further, the Board was informed that a representative of the adjoining property requested that the city not require the denser landscaping and solid fence because concerns of maintenance and access by fire and rescue personnel if there were obstacles placed in the way.

RULING: That an exceptional circumstance existed with the abandon Dodge Street right-of-way and that maintenance and safety issues out weigh the requirement of a buffer yard. Also a 6-foot high fence did little to hide a 100-foot high grain elevator. On a motion by Bill Fell, seconded by Bill Goulding, the appeal was granted four to zero, Amy Zott abstaining.

OTHER MATTERS: Members of the Zoning Board requested that information related to a variance appeal be in their hands at least one weekend prior to the meeting of the Zoning Board of Appeals. The City Administrator, David Torgler, stated he would work with the City Staff to that end.

ADJOURNMENT: On a motion by Amy Zott, seconded by Dan Snyder, the meeting was adjourned at 6:25 pm on Tuesday August 31, 2004.

Respectfully Submitted
Bill Goulding

FINDINGS: John Prill – 308 Fox Street

1. Preservation of intent. The permitted use of the property in that district was maintained.

2. Exceptional circumstances. This was an exceptional circumstance in that the odd shaped lot was unique in its development potential.
3. Economic or self-imposed hardship. This is not a self-imposed hardship.
4. Preservation of property rights. The lot being substandard and when combined with the abutting lot would still be substandard, compliance with the strict letter of the ordinances would unreasonably prevent the owner from the permitted use of the property.
5. Absence of Detriment. This did not create a detriment to adjacent properties.

FINDINGS: Fox River Associates – Minimum Setback

1. Preservation of intent. The permitted use of the property in that district was maintained.

2. Exceptional circumstances. This was an exceptional circumstance in that the abutting property had a 4.64-foot setback.
3. Economic or self-imposed hardship. This is not a self-imposed hardship.
4. Preservation of property rights. The rights of other properties in the district were preserved.
5. Absence of Detriment. The loss of37 parking slots would be a detriment to adjacent properties.

FINDINGS: Fox River Associates – Landscaping Requirements

1. Preservation of intent. The permitted use of the property in that district was maintained.

2. Exceptional circumstances. This was an exceptional circumstance as related to the abandon Dodge Street right-of-way.
3. Economic or self-imposed hardship. This is not a self-imposed hardship.
4. Preservation of property rights. The rights of other properties in the district were preserved.
5. Absence of Detriment. The denser landscaping and solid fence would be a detriment to adjacent properties.

NOTE: The variance request by Fox River Associates for single row and aisle size was rendered Moot.