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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES May 8, 2013 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Kathryn Larson, Jane Cryan, Robert Krasniewski EXCUSED: none STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording Secretary Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of March 13, 2013 were approved as presented. (Krasniewski/Cornell) ITEM I: 217 BOWEN STREET Thomas Ruck-applicant, B J Rentals LLC-owner, requests the following variance to permit a commercial structure in the minimum transition yard setback: Description Code ReferenceMinimum Proposed Transition (south) yard setback 30-35 (B)(1)(c) 20’ 5’ Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the property was zoned C-1 Neighborhood Business District and is being used for mixed commercial-residential purposes. The lot possesses dual street frontage on Bowen Street and Mill Street with an existing two-story principal structure built in 1920 and curb cuts located on both street frontages in an area that is a mix of commercial and residential uses. The applicant is proposing to construct an attached garage and expand the existing structure into the south side yard area for storage purposes of his commercial business. The proposed building addition will intrude 15’ into the required transition yard setback and the parcel dimensions, historical development pattern, and overall configuration make the situation unique and limit the overall development footprint. The property’s C-1 zoning district has allowed the parcel to be developed and redeveloped with both commercial and residential uses without detriment to the neighborhood and the triangular-shaped city block created uniquely configured parcels. Requiring the property owner to comply with the required 20’ transition yard setback would be unnecessarily burdensome as it would eliminate functional use of the proposed project area due to the diminutive lot dimensions and transition yard standards. The proposed building addition features an overhead garage door fronting Mill Street which is preferred due to the lower traffic volume compared to Bowen Street. The existing driveway area that would remain east of the proposed garage addition would create a nonconforming front yard parking arrangement and create potential safety conflicts therefore staff is recommending that the existing curb cut on Bowen Street be closed and the driveway access be abandoned if this variance is granted. Tom Ruck, 434 Windingbrook Drive, stated that his current business is being relocated due to the reconstruction of the City garage. He further commented that citizens walk through the existing side yard area at 217 Bowen Street as if it were an alley but he had concerns with the conditions recommended for this request as it would eliminate his tenant’s parking area off of Bowen Street which requires one space at a minimum. Board of Appeals Minutes 1 May 8, 2013 Mr. Cornell questioned where the tenant is currently located. Mr. Muehrer responded that the photos of the site on page 3 and 5 of the staff report depict the structure and current parking arrangement for the tenant. Mr. Ruck commented that he needs the garage to utilize for his business and needs to store his equipment on Mill Street. Mr. Cornell questioned if the petitioner was opposed to the elimination of parking on Bowen Street. Ms. Larson inquired what the petitioner’s business entailed. Mr. Ruck replied that if the parking on Bowen Street was eliminated, it would require his tenant to walk around the building to gain access to their entrance and that his business was an electrical contractor. Mr. Krasniewski questioned what the parking requirements were for residential units and commercial uses. Mr. Muehrer indicated that City ordinance requires a minimum of two off street parking spaces for single family residential uses. Ms. Larson inquired how many bedrooms the apartment possessed. Mr. Ruck responded that it was a two bedroom unit. Mr. Carpenter asked for clarification of the lot lines of the subject parcel. Mr. Ruck described the lay out of the site. Mr. Krasniewski questioned if there was a public sidewalk present on Bowen Street. Mr. Ruck responded affirmatively. Mr. Muehrer stated that City zoning requirements necessitate service businesses possess one parking space for every 250 square feet which would mandate that four parking spaces would be required for both the business and tenant uses on the parcel. This would not allow for any parking spaces within the garage area. Mr. Krasniewski questioned what the percentage of the property would be utilized with the structures. Mr. Muehrer responded that the percentage of the site containing structures was not an issue as long as said structures meet the required setbacks. Mr. Krasniewski also inquired if the existing tree would have to be removed. Mr. Ruck responded affirmatively as the garage addition would be located in that area. He also described an issue with the existing guide wire belonging to Wisconsin Public Service Corporation which will have to be relocated as the garage will be attached to the existing building. Mr. Carpenter questioned how much area was available on the north side of the structure. Board of Appeals Minutes 2 May 8, 2013 Mr. Ruck replied that there was eight feet between the garage and the side of the structure. Mr. Carpenter questioned how the problem could be resolved of not having adequate parking with the elimination of the parking area along Bowen Street. Mr. Muehrer responded that there may be too many uses on the parcel to accommodate everything and the Transit Department reviewed the request and had concerns with pedestrian/vehicle conflicts and obstruction of the sidewalk with the existing parking arrangement on Bowen Street. The tenant could look into obtaining a permit to park on the street or the Board could disregard Transit’s recommendations if so desired. Mr. Krasniewski stated that he did not feel that the parking on Mill and Bowen Streets was going to be adequate on the exterior areas. Mr. Muehrer commented that parking for the business would be inside the garage only. Mr. Ruck stated that parking in front of the building on Mill Street would be adequate for his business and he could move the garage back a foot if necessary. He takes his vehicle home at night and only needs parking for one car for his tenant. Mr. Krasniewski commented that City ordinance requires two parking spaces be provided for the residential use. Mr. Cornell questioned if the photo on page 9 of the staff report displays a parking space. Mr. Muehrer responded that it was an on street parking space on the photo and this was a unique situation due to the property dimensions. Mr. Carpenter stated that it appeared to possess about 14 feet on the Mill Street side which did not meet the City’s requirements for size for a parking space. Mr. Muehrer indicated that this area was mainly an approach to the garage. Board members further discussed the parking situation and the possibilities of shifting the building addition slightly toward Mill Street or shortening up the garage to accommodate adequate space for parking on site for the tenant and if one or two spaces would need to be provided. The petitioner was agreeable to shifting the garage addition slightly to accommodate a parking stall however there were also gas meters present but he could have them relocated. Discussion continued on the placement of the current structure as dimensions on the site plan were not complete and Board members were considering how many feet the proposed attached garage could be shifted to accommodate the parking needs. Mr. Ruck commented that the Public Service guide wire would still be an issue. Mr. Krasniewski commented on the fact that the existing parking on Bowen Street did not appear to be paved and questioned if it was allowed to continue if it would also require an additional variance. Board of Appeals Minutes 3 May 8, 2013 Mr. Muehrer indicated that the existing parking stall on Bowen Street could be approved by adding an additional condition to this request addressing that issue. Mr. Krasniewski questioned what the distance was between the southwest corner of the building and the street. Mr. Ruck responded about seven feet. Mr. Krasniewski voiced his concern with the front yard setback and if the same setback could be maintained as the existing building, the proposed garage could be shifted over approximately seven feet to provide the needed area to widen the parking stall. Mr. Ruck questioned what the legal size was for a parking space. Mr. Muehrer responded that the City’s legal size for a parking space was 9 by 18 feet. Board members further discussed altering the submitted plans to accommodate the parking situation and inquired if Mr. Ruck had any problems with the suggested alterations. Mr. Ruck responded negatively. Motion by Penney to approve the request for a variance to permit a commercial structure in the minimum transition yard setback with the following conditions: 1.The existing curb cut located on Bowen Street shall be closed in accordance with city municipal code standards. 2.The area east of the proposed building addition labeled “existing parking” on the applicant supplied site plan be eliminated and restored to turf grass yard area with proper grading in accordance with city municipal code standards. Seconded by Krasniewski. Mr. Penney questioned if everyone was comfortable with the dimensions discussed to resolve the parking issue. Mr. Muehrer stated that these issues could be worked out. Mr. Cornell commented that the current conditions recommended for this request would have to be eliminated and amended ones proposed. Mr. Muehrer suggested striking the recommended conditions and suggested appropriate wording to address the Board’s intent to relocate the garage structure to the west. Mr. Krasniewski stated that the garage dimensions would remain at 25 feet however the conditions would need to address moving the garage over to retain the parking spaces on Bowen Street. Motion by Krasniewski to remove the two conditions recommended by staff for this request. Seconded by Carpenter. Motion carried 5-0. Board of Appeals Minutes 4 May 8, 2013 Motion by Penney to add the following condition: 1.The building addition shall not further encroach into the established nonconforming yard setback than the existing nonconforming structure fronting Mill Street. Seconded by Cryan. Motion carried 5-0. Motion by Krasniewski to add the following condition: 2.Garage shall not exceed 25 feet in depth. Seconded by Carpenter. Motion carried 5-0. Board members continued discussion on the parking issue, the lack of dimensions on all portions of the site plan, and moving the parking to the south, as well as the amount of room necessary to establish a legal parking stall, setbacks from the lot lines, and if the current nonconforming parking stall needed to be expanded to conform with current codes. Mr. Krasniewski stated that he had issues with the parking area for the tenant not being paved. Mr. Muehrer noted that with the striking of the recommended conditions for this request, the curb cut on Bowen Street would be allowed to remain. As far as the area being paved, it is currently unpaved but the Board could add another condition deeming paving of the area necessary. Motion by Krasniewski to add the following condition: 3.The parking area on the east side (Bowen Street side) of property be paved. There was no second to this motion. Mr. Carpenter questioned the status of the parking on the Mill Street side as far as paving. Mr. Krasniewski stated that he had issues with non-paved parking spaces in the City. Motion by Carpenter to add the following condition: 3.That the parking areas on both the east side (Bowen Street side) and west side (Mill Street side) be paved. Seconded by Krasniewski. Motion carried 4-1. (Ayes-Carpenter/Cornell/Cryan/Krasniewski. Nays- Penney.) Motion for approval of the variance with amended conditions carried 5-0. Finding of Facts: Unique situation. No harm to public interest. Safety issues. Board of Appeals Minutes 5 May 8, 2013 OTHER BUSINESS Mr. Muehrer stated that the following Board members terms of service will be expiring in June of 2013- Robert Cornell, Dennis Penney, Jane Cryan, and Kathryn Larson. He desired to bring this to the Board’s attention so everyone had time to think about their intentions regarding continuing to serve and let him know their decision. Mr. Krasniewski commented that at the workshop held last month, the City Attorney had mentioned swearing citizens in prior to their testimony. Mr. Cornell responded that he had not yet discussed this matter further with the Attorney and would contact her regarding the matter. There being no further business, the meeting adjourned at 4:21 p.m. (Krasniewski/Penney). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 6 May 8, 2013