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Zoning Board of Adjustments Minutes - 07/20/2011MINUTES ZONING BOARD OF ADJUSTMENT July 20, 2011 PRESENT: Dustin Nimz, Chairman 0 Members Elvin Dudley 0 Jerry Beavers 0 Jose Garcia 0 Chad Hughes 0 Alternate #1 Kerry J. Maroney 0 Paul Walmsley 0 Alternate #4 Kinley Hegglund, Senior Assistant City Attorney 0 Legal Dept. Leo Bethge, Planner 11 0 City Staff Diane Parker 0 ABSENT: Dara Forbes O Alternate #3 David Lane O Alternate #2 I. CALL TO ORDER Chairman Nimz called the meeting to order at 1:30 p.m. II. MINUTES Mr. Garcia made a motion to approve the minutes of the June 15, 2011 Zoning Board of Adjustment meeting. Mr. Dudley seconded. The minutes were approved with a unanimous vote in favor. III. REGULAR AGENDA 1. Case V 11 -07 Request for a 13 foot variance to allow a 12 foot expansion of an existing building with the 25 foot exterior side yard setback LOCATION: 1600 7th Street, United Regional Clinic Southwest corner of Brook Avenue and 7th Street Mr. Mark Simmons, representing United Regional, applied for a variance from the Subdivision Ordinance to reduce the exterior side yard setback from the required 25 feet to 13 feet for a 12 foot building expansion. BOARD OF ADJUSTMENT • PAGE 1 The building was constructed in 1983 to be used as a health clinic. The site is surrounded by mature trees to screen the side of the building. There is a 20 foot public alley along the north and east side as well as two dedicated areas for heating and ventilation systems on the north. The expansion will be on the west side within the 25 foot exterior side setback. The applicant stated the expansion is needed to house their condensing units and emergency generator for a disaster recovery center. Approximately half of the building will be used for disaster recovery purposes while the remaining portion will serve as a health clinic. United Regional selected this building to aid in disaster relief due to the thickness of the walls. The lot is a unique shape and this site in limited in space for future building expansions. Qualifying Criteria: a. Special conditions or circumstances which are peculiar to the land, structure or building The applicant stated "because of the unusual lot shape, there is not enough room inside the building limit line for the condensing units and emergency generator. These pieces of equipment are vital for the continuous operation of the hospital's I.T. System. The enclosed CMU walls are designed to protect the equipment in the event of a natural disaster such as a tornado." Staff's response was a special circumstance may exist since both the lot and the building comprise a unique shape which restricts the future building expansions. b. Special conditions and circumstances do not result from the applicant's actions. The applicant stated: "the building has formal radiation treatment areas with 5 foot concrete walls and ceilings. The hospital proposes to install their back -up I. T. System there because it would be well protected from a tornado or other natural disaster." Staff responded by stating the building was constructed in the 1980's and technology has changed along with the need to accommodate these changes, including the need to maintain the wall thickness to protect this investment and the needs of their patients from natural disasters. C. The literal interpretation of the provisions of this ordinance would deprive the applicant of a right commonly enjoyed by other properties. The applicant stated "most of the existing buildings in the 600, 700, and 800 blocks of Brook Avenue appear to be at or just beyond their property lines resulting in little or no setback. Approval of this variance would still provide a setback of approximately 13 feet for this site, which provides more space than any of the structures referenced." Staff responded by stating within the immediate area along Brook Avenue, the majority of buildings do not conform to the 25 foot front or exterior side yard setback. The proposed building expansion would allow a 13 foot exterior side yard setback to consist of green space and to maintain the mature deciduous trees. d. The granting of the variance would be in harmony with the objectives of the ordinance and would not confer upon the applicant any special privilege. BOARD OF ADJUSTMENT • PAGE 2 The applicant stated "most buildings in the immediate area (including United Regional Eighth Street Campus) are located very close to property lines." Staff's responded by stating allowing a reduced exterior side yard setback would not create an inconsistency in the commercial neighborhood since the proposed building expansion will not expand to the zero lot line, as compared to the majority of buildings along Brook Avenue. Many Brook Avenue buildings have been expanded to accommodate the health care needs of the City. Ten (10) notifications of this request were mailed to the surrounding property owners. One (1) replied in favor and none (0) were opposed. A motion was made by Mr. Maroney to approve the Qualifying Criteria; Mr. Garcia seconded. The motion carried. Evaluation Criteria: Mr. Bethge reviewed the Evaluation Criteria with the Board. In summary, staff determined granting the variance would not be contrary to public interest. A special condition may exist since the lot and the building are a unique configuration which limits expansion of the building. It was noted by staff the north and east alleys also restrict future expansions. Granting the variance would be consistent with the ordinance, allow the applicant to expand the building, would not be injurious to the neighborhood, and would not be detrimental to the public welfare. Mr. Maroney inquired about the proposed pad. Mr. Rick Sims of Bundy, Young, Sims, and Potter, stated the pad would have reinforced concrete block walls surrounding the pad that would enclose air hammers, condensing units, and an emergency generator. Those components need air movement. There will a cantilevered wall with a thick steel grate on top of the structure to allow air flow. The surrounding structure would provide protection for the equipment. The structure will be constructed on 35 feet of this lot wrapping around the side and back of the building. A motion was made by Mr. Dudley and seconded by Mr. Beaver to approve this variance request. The motion carried and the variance was granted. IV. Adjourn The meeting adjoyrned at 1:41 p.m. / �- �Ss -A61z ughes, lAgyng Chairman BOARD OF ADJUSTMENT • PAGE 3 Date :31VC] 301LO STH: