HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES
June 101h 2020
PRESENT: Robert Krasniewski, Wesley Kottke,Barbara Schmitz, Kathryn Larson, Cheryl Hintz
EXCUSED: Dan Carpenter
STAFF: Todd Muehrer, Zoning Administrator;Jessica Roberts,Recording Secretary
Chairperson Krasniewski called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
Mr. Krasniewski opened the floor for nominations for Chairperson.
Motion by Ms. Larson to nominate Mr. Krasniewski.
Seconded by Ms. Schmitz.
As there were no additional nominations for Chairperson, the floor was closed for nominations.
Motion carried 4-0. (Mr. Krasniewski abstained)
Mr. Krasniewski opened the floor for nominations for Vice-Chairperson.
Motion by Ms. Larson to nominate Mr. Kottke
Seconded by Ms. Schmitz.
As there were no additional nominations for Vice-Chairperson,the floor was closed for nominations.
Motion carried 4-0. (Mr. Kottke abstained)
The minutes of February 26, 2020 were approved as presented. (Kottke, Krasniewski)
ITEM I:471 HIGH AVENUE
AcQuest Property Group LLC-applicant, St Peters Congregation Most Blessed Sacrament Parish-owner,
requests the following variance to permit a land division with a substandard rear yard setback:
Description Code Reference Minimum Proposed
Rear Yard Setback 30-50(G) 25' 19.8'
Mr.Muehrer presented the item and distributed photos of the subject site.The subject 3.5 acre(approximately
153,044 square feet) property is zoned Institutional within the University Transition Overlay (I-UTO). The
parcel is currently developed as a campus-like setting featuring a church with an attached pastoral center
(435 High Avenue); a separate pastoral office and gymnasium building (459 High Avenue); and a separate
student housing building with detached garage (471 High Avenue). Four separate off-street parking areas
encompass the facilities and internal pedestrian access is provided via a network of service-walks. The
Board of Appeals Minutes 1 June 10,2020
irregular-shaped parcel is located on the southwest side of High Avenue and the northeast side of Pearl
Avenue. Adjacent land uses include commercial, institutional and residential to the north;vacant to the east;
vacant and multi-family residential to the south; and multi-family residential to the west. The applicant is
proposing a 0.34 acres (14,808 square feet) land division of the existing student housing building located at
471 High Avenue. The existing two-story masonry building and detached frame garage would become a
separate parcel (see attached site plan). No physical building improvements are proposed on the exterior of
the building (see attached narrative). A variance is needed through the Board of Appeals to permit the rear
yard setback to be substandard by 5.2'. It should be noted the applicant is also in the process of requesting a
rezoning of the property to Urban Mixed-Use within the University Transition Overlay through the Plan
Commission and Common Council. The existing student housing building is proposed to be re-purposed
into market-rate apartments. The rezone is necessary to permit a traditional multi-family land use in lieu of
the existing institutional residential land use. The building will have two 1-bedroom units; four 2-bedroom
units; and two 3-bedroom units. A formal Certified Survey Map (CSM) has also been submitted for review.
The CSM notes the existing off-street parking lot located south of 459 High Avenue will continue to provide
off-street parking stalls for the apartments located at 471 High Avenue (17-stalls are required for the
apartments and 23-stalls are located in this parking lot). The existing built development pattern on the site
does not allow for any by-right land division alternative that would meet setback requirements for both
proposed parcels. For example, if the proposed new lot line was moved 5.2' to meet the required rear yard
setback at 471 High Avenue, the required 7.5' side yard setback at 459 High Avenue would be substandard
and require a variance in that scenario. Subsequently, complying with the required dimensional regulations
for the district would be unnecessarily burdensome in this instance and require some variance is necessary
for the proposal. The redevelopment circumstances and the expansive campus setting at the site are unique
property circumstances and creating justifiable hardship. While the proposed land division does require
variance no harm to the public interest will occur. For example, the existing two-story building has
historically been used for various residential purposes. The building was previously used as a convent and
most recently as student housing.The alteration to market-rate apartments will continue the housing options
in a geographic area that the city's comprehensive plan intends for higher intensity. Finally, Inspection
Services,Public Works,and the Fire Department have all reviewed the request and have no safety or logistical
issues are present with the proposal. Based on the information provided within this report,staff recommends
approval of the variance as requested.
Greg Kost, AcQuest Property Group, 21500 W Greenfield Avenue, New Berlin, WI. He stated the property
has been used for residential purposes since the last century and it was originally a convent. It was
completely renovated in the early 1990's for family housing and then it went to student housing with
Newman Center for quite a while. So they are looking to take it off the institution tax roll and take it private
and rent it out as market rate student housing. He stated they are not looking to exclude anyone from renting
but given the location they expect a number of residents to be students and downtown residents.
Mr. Krasniewski asked if the Board had any questions.
There were no questions from the Board.
Mr. Kottke motioned to approve the variance as requested.
Seconded by Ms. Larson.
Board of Appeals Minutes 2 June 10,2020
Ms. Larson stated it is fairly straightforward that it needs to be taken off of the church's property and made
its own parcel.
Ms. Larson asked about the street yards,which is the street and which is the rear yard.
Mr. Muehrer stated the ordinance defines the shorter of the two is always defined as the street yard and the
opposite is always the rear.
Approved 5-0.
Findings of facts:
Board finds that there is no alternative in creating this lot that would meet all setback requirements and no harm to the
public interest.
There being no further business, the meeting adjourned at 3:44 p.m. (Schmitz/Kottke).
Respectfully submitted,
Todd Muehrer
Zoning Administrator
Board of Appeals Minutes 3 June 10,2020