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Jan Gearhart approved to place air conditioner in alley at 115 South Public Square under encroachment agreement
Summary
The Board of Works approved Studio 2 Creations owner Jan Gearhart’s request to place a 32-inch air conditioner beside the back stairs at 115 South Public Square, contingent on an encroachment agreement spelling out maintenance and liability responsibilities.
The Board of Works for the City of Angola on Monday approved a request by Jan Gearhart, owner of Studio 2 Creations, to place an air-conditioning unit in the alley beside the rear stairs at 115 South Public Square under an encroachment agreement.
Gearhart told the board the rooftop unit has been in place for decades but offers limited access from inside the building; servicing it recently required hiring a boom lift for about $300. "Air conditioner is 32 inches," she said, and described the lack of internal roof access and the cost and impracticality of repeated boom lifts. She said placing the unit on the ground beside the stairs would improve access while keeping the unit screened from public view.
City staff cautioned the board that private infrastructure is not normally allowed in the public right-of-way and recommended an encroachment agreement that would spell out maintenance responsibility, who pays to move or remove the unit if needed, and protections for the city. "In our ordinance we don't allow anything within public right of way or in an easement," a staff member said, recommending an encroachment agreement to protect both parties.
Board members discussed alternatives — raising the unit off the ground or constructing a small deck with stairs that would conceal the unit while preserving ventilation — and emphasized that the owner would be responsible for costs tied to unhooking or relocating the unit in the future. A motion was made to permit placement with the understanding that city staff (Amanda, the mayor and other designated staff) would work with the owner to draft the encroachment agreement and specifications; the motion passed by voice vote.
The board instructed staff to draft the agreement and work with Gearhart on specifications and placement details; staff also noted other alleyway conditions (trash can screening and deteriorated steps) that could be addressed in future downtown improvements.
