Zoning Board of Adjustments Minutes - 05/17/2017MINUTES
BOARD OF ADJUSTMENT
May 17, 2017
PRESENT:
Warren Gardner, Chairman
Steve Lane
Tyson Traw
Thomas Yoder
Dave Waddell
Jerry Cedrone
Mark McBurnett
James McKechnie, Asst. City Attorney
Karen Gagne, Planning Administrator
Matt Prouty, Planner II
ABSENT:
David Lane
Dee Reyes
Cari Beesinger Guidry
I. CALL TO ORDER
Chairperson Warren Gardner called the meeting to order at 2:00 p.m.
11. ROLL CALL
III. MINUTES
0 Members
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0
0 Altemale #1
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0 Alternate #4
0 Ex -Officio
0 Legal Dept,
0 City Staff
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0 Alternate #3
0 Alternate #2
Mr. Jerry Cedrone made a motion to approve the minutes of the August 17th, 2016
Zoning Board of Adjustment meeting. Mr. Dave Waddell seconded. The minutes were
approved with a unanimous vote in favor.
IV. REGULAR AGENDA
1. Case V 17-01
Request for a variance wheelchair ramp in the required front setback area
in a Single Family 2 Residential (SF -2) zoning district at 3014 Lebanon
Road.
BOARD OF ADJUSTMENT PAGE 2
May 17, 2016
Mr. Matt Prouty introduced the qualifying criteria for case V 17-01. He stated staff
agreed with the applicant, Mr. Charles Peters, that a reasonable accommodation &
modification is appropriate for this request. The house was constructed in 1949, and
has remained as such since then. The existing conditions of grade change, shared
driveway and travel distance from ramp to potential parking locations at the site create
special conditions and unique circumstances which are peculiar to the house.
Mr. Prouty stated, because the house was built in 1949 and had been maintained in its
original form until now, the special conditions of the lot did not result from any action by
the applicant. He stated Mr. Peters was renovating the home for a potential tenant that
required an ADA compliant ramp. Mr. Prouty stated staff agreed that the most logical
location, minimizing distance of travel from ramp to parking, was the proposed location.
A variance in reduction of setback would allow this proposed ramp to fit into setback
requirements.
Mr. Prouty stated staff agreed with the applicant's assessment that the current
ordinance denied the applicant the opportunity to construct a ramp to utilize the front
door as able bodied persons have the ability to do, hence denying a non-ambulatory
person from moving in and out of the house utilizing the front door. He stated the
current zoning ordinance, per Sec 4220 Projections and structures allowed in setback
areas, did not list the construction of ramps in the setbacks as an allowed structure.
ADA wheelchair ramps are backed by the federal government.
Mr. Prouty stated there were several other ramps in the neighborhood, thus illustrating
that granting the variance would not be conferring any special privileges upon the
applicant. He stated Mr. Peters wanted to construct an ADA ramp that was compliant
with safety and ADA standards, but current setback requirements would lead to the
construction of an unsafe ramp that would be non-compliant with current ADA
standards and City Code or Ordinances. Mr. Prouty stated that allowing a reduction of
the front setback in order to construct a proper and safe ramp was providing a
reasonable accommodation.
Mr. Prouty stated staff felt the qualifying criteria had been met met and recommended
review of the evaluation criteria.
Chairperson Gardener asked if there was any discussion on the qualifying criteria from
the members, and there was none.
Mr. Jerry Cedrone made the motion to accept the qualifying criteria of Case V 17-01.
Mr. David Waddell seconded. The motion was taken to a vote and passed
unanimously.
Mr. Prouty presented the evaluation criteria for the case. He stated staff believed the
granting of the variance would not be contrary to the public interest and that approval of
the variance would allow the applicant to provide accessible rental space. He stated
the applicant's hardship was not a financial hardship and granting the variance would
not permit an activity upon the land which is not allowed by the terms of the zoning
ordinance and would not be injurious to the neighborhood or detrimental to the public
welfare.
BOARD OF ADJUSTMENT PAGE 3 May 17, 2016
Mr. Prouty stated staff notified 20 surrounding property owners and received 0
responses in favor, 3 in opposition, and 0 with no opinion/undecided. There were no
responses received from outside the notification area. He pointed out that one of the
property owners who responded in opposition stated they were only opposed if the
property were being used for commercial purposes.
Mr. Prouty stated due to the design of the house, the location of the shared driveway on
the side of the house established in 1949, and the ability to utilize a second driveway
that provides the shortest distance of travel from front door to vehicle, staff
recommended approval of the applicant's request of a variance to allow the
construction of an ADA compliant ramp in the front setback at 3014 Lebanon.
Mr. Charles Peters explained that the front porch was in bad shape and in need of
replacement, making this an ideal time to install an ADA compliant ramp. He stated
that he had built several ramps in the past and was very familiar with the criteria that
needed to be met.
Mr. Thomas Yoder asked if this was going to be a rental property and if a tenant had
already been selected. Mr. Peters stated the property would be a rental, but the tenant
had not yet been accepted. He stated he did anticipate having a renter who would
require the ramp, and that there were several improvements being made to the home to
make it more accessible. He stated there was a need for handicap accessible
properties for disabled people on the lower end of the economic spectrum, and they
were trying to provide that.
Mr. Tyson Traw asked Mr. Peters if he had considered wrapping the ramp around the
house and having it terminate in the driveway. Mr. Peters stated he had considered this
option, but that it was not feasible because this would cut into the necessary space for
the driveway and he would be unable to achieve the necessary slope for the ramp from
the west side of the house.
Chairperson Gardner asked if there was anyone else from the audience who wished to
speak, and there were none. Chairperson Gardener opened the motion for discussion
among the Board. There was no discussion.
Mr. Jerry Cedrone made the motion to approve the evaluation criteria for Case V 17-01.
Mr. Tyson Traw seconded the motion. The motion on the evaluation criteria was taken
to a vote and passed unanimously.
VI. NEW BUSINESS
Chairperson Gardener requested new business. City staff had none.
VII. ADJOURN
The Board adjourned at 3:05 p.m.
Chairperson Date