Zoning Board of Appeals

ZONING BOARD OF APPEALS Regular Meeting Minutes - Tuesday, June 13thth, 2017 City Commission Chambers - City Hall 1. Introduction & Roll Call Chairman Darbee called the meeting to order at 7:00 p.m. Members present: William Darbee, Anthony Dier, Christopher Greenleaf, Jan Rise & Julie Ulman. Others: Scott McKillop, Community Development Planner, Alternate ZBA Member Charles Congdon & City Commission Liaison Larry Elliott. 2. Approval Minutes Motion by Mrs. Rise to approve the minutes of the April 11th meeting as presented. Mr. Greenleaf seconded. Motion approved by unanimous voice vote. 3. Public Comment Not Related to Public Hearings None 4. New Business - Public Hearings Case Z17-03 - 100 Patterson - Wolgast Design Group, LLC on behalf of Gougeon Brothers, Inc. The appellants are requesting a non-use variance from the M-1 Light Industrial zoning district 25 foot front lot line setback regulation. If granted, the variance would permit construction of a the 20 x 68 foot addition extending west from the building’s west elevation to, or nearly to, the subject property’s front lot line (the Patterson Avenue road right-of-way) as illustrated in the site plan submitted with their request. Mr. Darbee stated he had a professional and personal relationship with the appellant constituting a conflict of interest requiring that he recuse himself from the proceedings. Alternate member Congdon participated in the proceedings. Vice Chair Rise chaired the meeting. Gougeon Brothers, Inc. board member Ken Lange, President and CEO Alan Gurske and Rick Keith of Wolgast Design Group presented the request. Mr. Lange presented an overview of the appellants’ site, the location of buildings, walkways and off-street parking area in relationship to front, side and rear lot lines and road rights-of-way abutting the 1 property. He also presented an overview of the buildings’ interior, including laboratory, testing, production, storage, office areas. The subject building addition will provides for the expansion existing production facilities to accommodate ever increasing market demand for the appellants’ product lines. They appellants stated that the location of existing production facilities and the buildings’ orientation to lot lines, off-street parking and loading areas and adjoining road rights-of-way and the M-1 zoning district front lot line setback requirement unreasonably impede expansion of the production facility. ZBA members, the appellants and staff discussed various aspects of firm’s growth and expansion since its inception in the early 1970’s. They also discussed impediment to expansion posed by the building’s close proximity to the Independence Bridge right-of-way and limited size of the property. ZBA members noted that the appellant and Wirt Stone Dock are the only businesses having access off of Patterson, which terminates where the roadway was vacated south of the appellant’s building. Mrs. Rise asked if there where additional questions from ZBA members or comments from the appellants. There were none. The public hearing was then closed to provide for ZBA action on the request. Findings of Fact Mrs. Rise offered the following findings of fact pertaining to the applicants’ request and the non-use variance standards at Section 122-544(d) of the city code with supporting comments from other members as indicated. 1. Strict compliance will unreasonably prevent the owner from using the property for a permitted purpose or will render conformity with this chapter unnecessarily burdensome. Mrs. Rise stated that the front lot line setback regulation unreasonably prevents the appellants from constructing an otherwise permitted addition, and that imposition of the regulation is unnecessarily burdensome. She indicated the appellants have occupied and developed the property in compliance with M-1 zoning district since the early 1970s. Strict compliance with 20 foot front lot line setback regulation is unnecessarily burdensome because it limits options for expansion of the building and precludes the expansion of industrial operations specifically permitted by M-1 zoning district regulations. Mr. Dier concurred with this finding. 2. The variance will do substantial justice to the applicant, as well as to other property owners. Mrs. Rise stated a variance from the front lot line setback regulations will grant substantial justice to the appellants resulting from the regulatory burdens discussed in Finding 1. Mr. Greenleaf and Mr. Dier concurred with this finding. 3. A lesser variance than that requested will not give substantial relief to the applicant. 2  Mrs. Rise stated a variance other than that requested will not give substantial relief to the appellants because physical limitations discussed in Finding 1. Mr. Greenleaf and Ms. Ulman concurred with this finding. 4. The need for the variance is due to unique circumstances peculiar to the property (such as odd shape, extreme narrowness, etc.) and not due to general neighborhood conditions affecting other properties in the same zoning district. There is no practical way to configure an addition to the appellant’s except as described in the appellant’s evidence of need for a variance. 5. The problem and resulting need for a variance is not self-created. Gougeon Brothers, Inc. has occupied and developed the property as a product research, development, design, testing and manufacturing facility in compliance with M-1 Light Industrial land use regulations since the early 1970s. Staff concurs with the appellant need for relief from the subject zoning regulation. Motion by Mrs. Rise I move that based on all of our comments addressing standards 1 - 5, I move that we approve the variance requested by Gougeon Brothers to allow them to expand their building without having to take into account setback requirements. Ms. Ulman seconded the motion. Roll Call Vote Mr. Congdon - yes; Mr. Dier - yes; Mr. Greenleaf - yes; Mrs. Rise - yes; Ms., Ulman - yes. Motion carried - variance granted. Motion by Mrs. Rise I move that the variance granted Gougeon Brothers be given immediate effect. Mr. Greenleaf seconded the motion. Vote 5 yes; 0 no. Motion carried - variance is given immediate effect. 5. Other Business Election of Officers Staff administered the nomination and election process with results as follows: 3  William Darbee was elected Chair. Jan Rise was elected Vice Chair. Anthony Dier was elected Secretary. 6. Adjourn Motion to adjourn by Mrs. Rise, seconded by Mr. Greenleaf. Motion carried by unanimous voice vote. Meeting adjourned at approximately 7:55. Prepared by Scott McKillop, Community Development Planner, Community Development Department 4