At its Dec. 2 meeting, the Andover City Council unanimously approved a reasonable accommodation request for a wheelchair ramp at 13981 Olive St. NW.
Community Development Director Joe Janish said the Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status and disability, and requires reasonable modifications that allow individuals with disabilities full use of their homes.
Janish said the ramp will be installed at the front of the house, extending to the side before descending toward the driveway.
Because the home is set back 35.5 feet from the front lot line, the ramp creates an encroachment. Janish said Andover allows limited encroachments for stoops and ledges, but not for this type of front-yard configuration. The council’s task was determining whether the ramp — which would sit 27.5 feet from the front property line and extend 8 feet in front of the garage — was a reasonable request for accessibility.
A neighboring resident told the council he supported the ramp but questioned why the matter required mailed notices and a public hearing.
Council Member Karen Godfrey asked Janish to explain the intent of the 30-foot setback. Janish said the standard relates partly to what is typically allowed in driveways and partly to maintaining neighborhood conformity.
“In this particular instance, we do have items that are allowed to encroach, but it’s typically just a few feet into the front yard setback,” Janish said. “So, when this request came forward there was a conversation with the city attorney, who said that this would be the process that we should follow.”
Council Member Rick Engelhardt asked why neighbors had to be notified. Janish said the city followed a neighboring city’s public-hearing model and sent notices within 350 feet. The resident who spoke suggested modifying the administrative process so neighbors would no longer receive notices.
Council Member Jonathan Shafto said he was open to reviewing whether administrative approval made sense for similar accommodation requests.
“It just kind of slows the whole thing down,” Shafto said. “Because I think this is a very reasonable request, and I’ve got no concerns with it personally.”
City Attorney Scott Baumgartner advised against administrative approval.
“Here, it’s a ramp,” Baumgartner said. “And some items for reasonable accommodation might be no-brainers, while others might be thinkers.”
In other business
The council also unanimously approved vacating a drainage and utility easement at 16678 Tulip St. NW.
Janish said the property, located near 166th Lane and Fire Station 2, recently saw home construction and fill placed on the lot. The area within the easement was approved through the FEMA process and is not within the 100-year floodplain.
Janish said the vacation allows the applicants to build their home in a reasonable manner. The city expects to review a future request for a pool on the property.
Engineering staff found the vacation would not affect future utility needs and that the easement was not needed for utility lines.