Board grants variance for new Wendy’s

After receiving a variance Tuesday, plans are for Wendy’s to begin construction on a Portland restaurant this spring.

Portland Board of Zoning Appeals on 3-1 vote approved a variance to allow Wendy’s to have its entrance/exit closer to Meridian Street than required by city ordinance, clearing the way for the fast-food restaurant franchise to move forward.

The variance was required because the Wendy’s design presented to Jay/Portland Building and Planning calls for entrances/exits on Race Street and the alley north of the property to be 42 feet from Meridian Street (U.S. 27). Portland’s zoning ordinance requires such entrances/exits to be at least 70 feet from Meridian Street. (It was noted during the meeting that many businesses along Meridian Street were grandfathered in when the zoning rules were established in the late 1990s.)

Jae Schilling of Wenzak, the firm looking to build a Wendy’s in Portland, and Jay Kammeyer of Perry Building Contractors explained that the size and shape of the lot — the 0.605 acres at 514 N. Meridian St. is angled on the west side where a railroad ran through the city decades ago — created some design challenges.

“It was just barely big enough for us to make it work,” said Schilling. “What you have to do in this situation … is come up with the absolute best scenario you can come up with to move traffic. …

“For this size lot, in this position, where’s it’s located on the road, with the side road, there’s just not a much better way to get traffic on and off the lot as efficiently as possible and to come up with the minimum amount of parking space that we need to have and to not have confusion and cross traffic on the lot itself.”

He said moving the eastern Race Street entrance/exit to 70 feet from Meridian Street would put it essentially on top of the western entrance and removing any entrance/exit would cause bottlenecks.

Following a question from board member Kyle Cook, director of Jay/Portland Building and Planning John Hemmelgarn noted that in order for the alley north of the restaurant to handle two-way traffic, it would need to be widened to 24 feet from the current 20 feet. Schilling said his firm would be willing to handle the work to widen the alley.

Those connected with surrounding properties — Mike Medler of Medler’s Furniture to the north, represented by attorney Jim Forcum; Laci Smitley, whose mother owns property to the west; and Roy Adams of Adams Physical Therapy to the northwest — spoke against the variance request, specifically as related to the alley.

Forcum argued the variance should not be granted because eliminating the alley entrance/exit would not create a hardship for Wendy’s. Medler expressed concern about semi trucks, which use the alley for deliveries to his business. Smitley had similar comments about the impact on her mother’s property and its tenants — Aker Plumbing — and Adams offered his concerns about traffic and parking.

Medler also questioned the validity of environmental testing that was done at the site, which was once the home of Abramson's Junk and Salvage.

City attorney Wes Schemenaur responded that environmental testing was not in the city’s purview because the property is not city owned. Schilling added that Wendy’s corporate and lenders for the approximately $2 million project are satisfied with the testing results.

During a lengthy discussion in the hour-long meeting, board member Aaron Loy said his main concern is the creation of a possibly dangerous traffic situation with drivers turning off of Meridian Street onto Race Street and interacting with Wendy’s traffic. Cook suggested that Wendy’s make the north side of its property an exit only in addition to widening the alley to 24 feet. (Wendy’s cannot dictate the flow of traffic on the alley itself because the alley is public property.)

The board eventually voted 3-1 — Lee Newman, Larry Petro and Cook were in favor — to grant the variance with the stipulations that the north side be exit only and the alley be widened. Loy voted against. Connie Roberts was absent from the meeting.

Following the vote, Forcum asked for the “findings of fact” that led to the board’s decision, indicating an intent to appeal. (Schemenaur said after the meeting that an appeal would go to Jay Circuit Court.) Under state law, a variance can be approved only if the board finds that it will “not be injurious to the public health, safety, morals and general welfare of the community,” the use and value of the adjacent property will not be effected in a “substantially adverse manner” and strict application of the ordinance would result in “practical difficulties” in use of the property.

Schilling and Kammeyer indicated a goal of beginning construction in March. The project is estimated at 120 days to complete, putting the completion date in mid-summer.