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Plan Commission Minutes 1 April 7, 2015
PLAN COMMISSION MINUTES
April 7, 2015
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Kathleen Propp,
Gary Gray
EXCUSED: Steve Cummings, Donna Lohry, Robert Vajgrt, Karl Nollenberger
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey
Nau, Associate Planner; David Patek, Director of Public Works; Deborah Foland,
Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared
present.
The minutes of March 17, 2015 were approved as presented. (Gray/Hinz)
I. RIGHT-OF-WAY DEDICATION ADJACENT TO 4233 WAUPUN ROAD
City administration is requesting a 66-foot wide, trapezoidal-shaped right-of-way dedication of a
46,266 square foot (1.062 acre) parcel located adjacent to 4233 Waupun Road. The subject site is
located approximately two-thirds mile northeast of the U.S. Highway 41/State Highway 26
interchange.
Mr. Nau presented the item and reviewed the site and surrounding area and explained the history of the
site. He stated that the property was recently attached to the City and Waupun Road was never
formally dedicated to the public. He explained that this section of Waupun Road is not included in the
Comprehensive Plan’s Transportation element however the current designation and proposed
dedication is mapped for a 66-foot right-of-way which is consistent with the Comprehensive Plan’s
recommendation for collector-classed streets. The Department of Public Works has reviewed the
request and determined that the dedication was adequate for current and future needs.
Mr. Thoms questioned who would be responsible for maintaining this section of the roadway.
David Patek, Director of Public Works, responded that since this property has been annexed into the
City, the maintenance of this section of the road would be the City’s responsibility.
Motion by Thoms to approve the right-of-way dedication for property located adjacent to 4233
Waupun Road.
Seconded by Gray. Motion carried 7-0.
II. CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A BREWERY LOCATED
AT 611 OREGON STREET AND 213 W. 7TH AVENUE
The petitioner requests approval of a conditional use permit to permit development of a brewery with
accessory taproom and beer sales area.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. He discussed the other uses which are mainly commercial or mixed
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Plan Commission Minutes 2 April 7, 2015
use on Oregon Street with residential uses to the west along W. 7th Avenue. He described the structure
at 611 Oregon Street which is 100% developed but is currently vacant. He discussed the history of the
site as well as the property at 213 W. 7th Avenue which contains a metal pole building and a 22-stall
legal nonconforming off-street parking area. He reviewed the site plan and the proposed brewery
operation which would not have any negative effects relating to noise issues associated with this use
although there may be some odor omitted from the brewing operation however it would not be
offensive and minimal. He described the layout of the site’s operation and the possibility of renovating
the second floor at some point to residential units however this would require approval of another
conditional use permit before moving forward. No exterior modifications were proposed at this time
and he discussed the parking proposed on the W. 7th Avenue site although the C-3 zoning district does
not have off-street parking requirements for nonresidential uses. He discussed the striped parking lot
that currently exists on this site which is laid out allowing egress by backing onto W. 7th Avenue only
which city requirements do not permit on a commercial site. He explained that the petitioner would
need to redesign the parking lot to meet these requirements. He discussed truck deliveries to the site
which would be made on W. 7th Avenue which is similar to most businesses located on Oregon Street.
He also reviewed the waste management proposed for the operation and the initial plans to locate the
dumpster enclosure in the structure on W. 7th Avenue which is not allowed by code requirements. The
dumpster enclosure has been relocated on the site to be in the front yard area with the approval of a
Board of Appeals variance to allow it to be in this location. No signage plans have been submitted at
this time but he discussed the potential signage for the site which would require review and approval
by the Department of Community Development. He also reviewed the number of employees, hours of
operation, and conditions recommended for this request.
Mr. Bowen questioned the condition relating to the deed restriction for continued access to the
dumpster enclosure as it was located on a separate site from the operations and if it would prevent the
two properties from being conveyed separately.
Mr. Nau responded affirmatively.
Mr. Bowen felt that legal access to the dumpster enclosure could be handled in another fashion such as
with an easement agreement rather than the deed restriction.
Zachary Clark, 842 Prospect Avenue, petitioner for the proposal, stated that the property may already
have a deed restriction in place currently.
Mr. Thoms inquired if W. 7th Avenue was able to handle semi truck traffic for deliveries to this site.
Mr. Buck responded affirmatively and stated that trucks are required to utilize the shortest distance
possible for delivery purposes and 7th Avenue has less traffic than Oregon Street so its use would be
more viable for these purposes.
Mr. Thoms then inquired if the dumpster enclosure would have to be enclosed.
Mr. Buck indicated that the dumpster enclosure would be required by code to be screened on all sides.
Mr. Thoms also questioned if the C-3 zoning district allows illuminated signage, and if so, were there
any concerns with this issue.
Mr. Nau responded that the principal entrance would be located on Oregon Street which was all
commercial development therefore he did not anticipate any concerns with illuminated signage.
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Plan Commission Minutes 3 April 7, 2015
Mr. Buck added that any signage would be at least 200 to 300 feet from any residential units.
Mr. Fojtik commented that the situation with the parking and dumpster enclosure being located on the
7th Avenue site was a little odd and questioned if there were any concerns with that issue.
Mr. Buck indicated that the parking area on the site was a legal nonconforming use and should not be
an issue.
Mr. Thoms questioned if anything would have to be done with the parking area as far as if they could
store things in the existing building on the site.
Mr. Nau responded that they would be able to use the structure for storage as that would be allowed
with the conditional use permit approval.
Mr. Thoms then questioned if the building on 7th Avenue could be utilized for parking.
Mr. Buck responded affirmatively.
Mr. Gray commented that since the dumpster enclosure for the operations would be located across the
street from the principal site, would the petitioner have to transport the materials to that area.
Mr. Nau again responded affirmatively.
Mr. Gray inquired about the 22 existing parking stalls and if this number would be reduced due to the
requirement of redesigning the parking lot to allow for egress in a forward motion and the placement
of the dumpster enclosure outside of the structure.
Mr. Nau replied that the number of parking stalls would be reduced by these factors but that it should
not be an issue as the C-3 zoning district does not have off-street parking requirements for
nonresidential uses.
Mr. Gray then inquired if this structure was considered a historical building due to its date of
construction.
Mr. Buck responded that the building was constructed in 1870 however the structure has been
modified to the degree that there is not any historical quality to preserve.
Zachary Clark and Ian Wenger were both present as petitioners for this request and offered to answer
any questions relating to their proposal.
Mr. Thoms commented that there were indications that there would be some odor produced from this
operation which would be vented through the roof area and questioned if there was any way to reduce
the odor.
Mr. Clark responded that the smell would not be offensive and would only last about 4-6 hours and
would only occur during the brewing process which was anticipated to be three times a month initially.
He further stated that the operation would be vented upward and out through the roof to minimize the
odor.
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Plan Commission Minutes 4 April 7, 2015
Mr. Wenger added that the venting would be mainly in the form of steam and there would be no health
concerns related to this issue.
Mr. Gray commented that if truck deliveries would be made to the site that the petitioner should be
considerate and sensitive to the residential neighbors adjacent to the site.
Mr. Wenger indicated that there will not be any truck deliveries to the site initially as they intended to
use their own vehicles to deliver their produced product to customers.
Mr. Clark added that the width of 7th Avenue was adequate for access even if a truck was parked on the
street adjacent to the back of the structure on Oregon Street where deliveries were planned to occur.
Mr. Hinz asked to clarify that there would not be semi trucks delivering to the site as the staff report
indicated that there would.
Mr. Clark responded that they will have semi trucks delivering products to the site initially anticipated
to be three times bi-monthly but may increase as production increases. The operation will be a small
establishment to start out and deliveries of the finished product would be handled by use of their
personal vehicles.
Mr. Hinz also questioned if the parking stalls on 7th Avenue would be for the residential uses on the
second floor or for customers of the commercial operation.
Mr. Clark replied that the parking stalls will be used for the residential use at some point when the
apartments are renovated but will be utilized as customer parking currently. They will use the building
on this site for parking of employee vehicles.
Mr. Hinz inquired if this operation would be similar to the Fratello’s establishment.
Mr. Clark responded affirmatively other than it would be on a much smaller scale. According to Mr.
Clark, Fratello’s produces approximately 2000 to 3000 barrels per year and they were planning on
producing about 300 per year initially.
Mr. Bowen suggested that condition #3 be modified in some way to address the continued use of the
dumpster enclosure on 7th Avenue without requiring a deed restriction.
Mr. Buck stated that the condition could be amended to “the two subject properties shall be tied
together to allow for continued legal access of said dumpster enclosure per approval of the Department
of Community Development”.
Mr. Borsuk questioned if further consideration should be given for parking at this site if tenants would
be placed in the existing second story residential units.
Mr. Buck responded that it would not be necessary at this time as the petitioner would be required to
come back to the Plan Commission for approval prior to this use being established.
Mr. Hinz inquired how many residential units were on the second story.
Mr. Clark replied that there were four units with three bedrooms each.
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Plan Commission Minutes 5 April 7, 2015
Mr. Buck stated that there were other options available to handle parking for the residential units, if
renovated, such as leasing parking from other businesses however it was not an issue with this
proposal.
Motion by Gray to approve the conditional use permit for a brewery located at 611 Oregon
Street and 213 W. 7th Avenue with the following conditions:
1. Off street parking area located at 213 W. 7th Avenue shall be redesigned to allow for
vehicles entering and exiting the site in a forward motion as approved by the
Department of Community Development.
2. Proposed development must have a dumpster enclosure. Enclosure shall be located on
the 213 W. 7th Avenue property and will require variance approval from the Board of
Zoning Appeals for placement in the front yard.
3. If the Board of Zoning Appeals approves a variance for the dumpster enclosure at 213
W. 7th Avenue, the two subject properties (213 W. 7th Avenue & 611 Oregon Street)
shall be tied together to allow for continued legal access of said dumpster enclosure per
approval by the Department of Community Development.
Seconded by Borsuk. Motion carried 7-0.
There being no further business, the meeting adjourned at approximately 4:40 pm. (Hinz/Bowen)
Respectfully submitted,
Darryn Burich
Director of Planning Services