CALLED TO ORDER 5:30 pm

PRESENT: Amy Zott, Bill Goulding, Edna Miller Bill Fell, Dan Snyder and Ron Patla. Absent: None.

Excused: None.

MOTION: The minutes of July 24, 2007 were approved on a motion by Dan Snyder, seconded by Bill Fell.

CITIZEN COMMENTS: None.

APPEAL: By Richard Thate regarding the property located at 108 Roberts Street for a variance from Section 315-49A of the zoning ordinance, which states in part that all driveways installed, altered, replaced or extended shall be provided with a minimum of three feet at the lot line. The property owner is requesting a variance to allow for a driveway extension / concrete patio to be placed closer than three feet from the lot line.

Appearing in favor of the variance request was Richard Thate 108 Roberts Street, Burlington. Judy Imrie 365 Edwards Street, Burlington and John Moen 1504 Linden Court, Burlington appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was opposed to granting the variance.

DISCUSSION: It was noted that the concrete patio in connection with a down spout was causing run off to be directed at the neighbor's, Ms Imrie, garage and resulting in standing water behind her garage. Further, though Mrs. Thate is handicapped, it was determined, with concurrence of Mr. Thate, that safety was not an issue.

RULING: As it was a clear detriment to the adjacent property and no exceptional nor safety issues were established, and as the variance is granted for the property, not the individuals, the variance request was denied for want of a motion.

APPEAL: By Stelling and Associates on behalf of Burlington Memorial Building Corporation for the property located at 588 Milwaukee Avenue for a variance from Section 315-35F of the zoning ordinance, which states that a minimum setback of 25 feet from the right-of-way line is required. The applicant is requesting a variance to allow for a street setback of 15.9 to 16.4 feet from STH 36/83 in order o provide cover and protected access along Milwaukee Avenue.

Appearing in favor of the variance request was Tom Stelling 181 W. Chestnut Street, Burlington, Mike Topczewski 181 W. Chestnut Street and Claude Lois 300 N. Pine Street. No one appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was not opposed to granting the variance. Bill Goulding, a member of the veterans Building Board, excused him self from the discussion.

DISCUSSION: It was noted that the Veterans Memorial Building serves a unique roll in the community and that variance was part of a revitalization that would make the building safer and more presentable. Further it was noted that it was due to the structural integrity of the building that a new support system was required to provide for covered entrance ways. Also the foot print of tile building would not change. The set back as it currently exists is non-conforming and the improvements will largely parallel the existing structure.

RULING: The property's service to the community creates an exceptional circumstance and there is a clear absents of detriment. A motion to approve the variance as applied for due to improved safety and the structural requirements of the building and its unique history, location and positive effect on the community was made by Ron Patla and seconded by Dan Snyder. It was past 5 to 0, Bill Goulding abstaining. This variance is granted on the condition that all other conditions set forth by the City are met, including the gift of land which the veterans are to receive.

ADJOURNMENT: On a motion by Bill Fell, seconded by Dan Snyder, the meeting was adjourned at 6:15 pm on Tuesday August 21, 2007

Respectfully Submitted,
Bill Goulding