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BOARD OF APPEALS MINUTES NOVEMBER 9, 2005 PRESENT: Dan Carpenter, Robert Cornell, Moss Ruedinger, Edward Wilusz, Vice Chairman Larry Lang, and Chairman Cheryl Hentz EXCUSED: Dennis Penney
STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Chairman Hentz. Roll call was taken and a quorum declared present. Motion
by Lang for approval of the October 26, 2005 meeting minutes, Seconded by Cornell. Unanimous. I: 2026 MENOMINEE DRIVE Mr. Buck introduced the item and passed around colored pictures.
Mr. Buck also noted the property is located on an island connected to the main land by a bridge. The petitioner is requesting a variance to the zoning code to allow the detached garage
to exist on a residential lot without a primary structure. The applicant has indicated the garage will act as a material and equipment storage shed while the lots are being developed
and the bridge is being reconstructed. Part of the CSM approval was that the bridge be reconstructed to hold the weight of large vehicles. Randy Schmiedel, Owner and applicant, 2026
Menominee Drive. There was discussion about the reconstruction of the bridge and what it had to do with the current garage and driveway. Mr. Wilusz asked what the garage had to do with
the fire lane. Mr. Buck stated if the garage is to be removed then the concrete also needs to be removed, and that wouldn’t leave a turn-around for the Fire Department at which point
the owners would have to supply another turn around. The Board discussed how the fire lane is tied to the CSM, and the CSM is tied to the Building Permits. Mr. Lang asked if the garage
comes down, would there still be access to the attached garage. Mr. Buck stated you would still have access but it would not be the same as it is now, the current driveway will eventually
be turned into a 20-ft. drive lane. Mr. Buck stated staff is recommending approval with the following condition: Either a principal structure must be constructed or the garage is removed
within 12 months from the completion of the bridge reconstruction. Mr. Cornell stated he had a problem with staff’s condition for either a principal structure to be constructed or the
garage be removed within 12 months from the completion of the bridge reconstruction.
Board of Appeals Minutes -2-November 9, 2005 Mr. Buck stated the condition for approval of the CSM requires the bridge reconstruction completed before an occupancy permit for the southern
most lot can be obtained. Mr. Wilusz stated a date should be chosen for the garage to come down. Mr. Lang stated the focus should not be on the reconstruction of the bridge, it should
be on the removal or compliance of the garage. The Board should put in the condition that the variance will expire on December 31, 2006. Motion by Lang for approval of the variance request
to allow a detached garage (residential accessory structure) to occupy a residential parcel without the existence of a home (residential principal structure) with the following condition:
1. Either a principal structure must be constructed or the garage be removed by December 31, 2006. Seconded by Carpenter. Motion carried 5-0. Ruedinger as alternate abstained from the
vote. Finding of Facts: Mr. Wilusz stated this is a unique physical situation that creates some hardships. Ms. Hentz stated it doesn’t create any harm to the public interest, since it
is on an island by itself. Mr. Lang stated they have set a definite timeframe, so it is not an open-ended variance that could go on. Mr. Wilusz stated it is the least variance necessary
for reasonable use of the property. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this meeting. There being no further business, the meeting adjourned at approximately
4:07 p.m. Unanimous. Respectfully Submitted, David Buck Associate Planner DB/pal