Zoning board approves findings on variance

Portland Board of Zoning Appeals met briefly Tuesday and approved the findings of fact related to a variance it granted at its Feb. 14 meeting.

The board at its last meeting granted a variance to Wenzak, a firm planning to build a Wendy’s at 514 N. Meridian St., to allow its entrances on Race Street and the alley north of the property to be 42 feet from Meridian Street as opposed to the 70 feet required by city ordinance. Jae Schilling of Wenzak and Jay Kammeyer of Perry Building Contractors said the layout plan allows for the best scenario for moving traffic given the size and shape of the 0.605-acre lot.

In order to grant the variance, the board had to make various findings of fact, including that doing so would “not be injurious to the public health, safety, morals and general welfare of the community,” the use and value of the adjacent property would not be effected in a “substantially adverse manner” and strict application of the ordinance would result in “practical difficulties” in use of the property.

At Tuesday’s meeting, Pati McLaughlin of Jay/Portland Building and Planning read the findings of fact, indicating that the board felt the variance request met the criteria. Board members Lee Newman, Larry Petro and Kyle Cook approved them unanimously. (Board members Aaron Loy and Connie Roberts were absent from the meeting.)

The board’s previous vote to grant the variance was 3-1, with Newman, Petro and Cook in favor, Loy dissenting and Roberts absent.

Mike Medler of Medler’s Furniture, which is located north of the planned fast food restaurant, requested a copy of the findings following Tuesday’s meeting. Last month, Medler’s attorney Jim Forcum indicated an intent to appeal the board of zoning appeals’ decision to grant the variance.

Wenzak officials previously said they are hopeful to start the estimated $2 million construction project this spring. It is expected to take 120 days to complete.