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HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES October 10, 2018 PRESENT: Robert Cornell, Robert Krasniewski, Kathryn Larson, Wesley Kottke EXCUSED: Dennis Penney STAFF: Todd Muehrer, Zoning Administrator; Katie Breselow, 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 August 8, 2018 were approved as presented. (Larson/Krasniewski) ITEM I: 3300 N MAIN STREET Scott Krueger -petitioner, Wisconsin Public Service Corp. -owner requests the following variance to permit a nonresidential accessory structure in the front yard: Description Code Reference Required Proposed Accessory structure location 30-71(C)(2) Side or Rear Yard Front Yard Mr. Muehrer presented the item and distributed photos of the subject site. The subject 23.84 acre property is zoned Heavy Industrial. The rectangular -shaped parcel is a double -fronted, interior lot located on the east side of N. Main Street and the west side of Moser Street in the City's North Industrial Park. Vehicular access to the parcel occurs via two curb cuts located on N. Main Street. Adjacent land uses to the subject parcel include industrial in all directions as well as infrastructure to the west (i.e. regional storm water facilities) and undeveloped agricultural to the east. The applicants are proposing to construct a new 60'x100' building on the east side of the parcel. The building will be 16' high and set back nearly 600 feet from both N. Main Street and Moser Street. A variance is required because the purposed accessory structure placement is in the Moser Street front yard due to the lot being double -fronted. The double -fronted lot is a unique physical property circumstance and creates a justifiable hardship in this instance. The property has historically developed with N. Main Street serving as the traditional front yard and the east/Moser Street side of the property as the practical rear yard. Regarding alternative placement the side yards currently have access drives and/or parking facilities developed. In addition to disturbing these existing improvements, siting the proposed building in these areas would have more of a visual impact on the adjacent properties and public right-of-way than the proposed placement on the east side of the property. Overall, as there will be no harm to the public interest as the subject property does not have any vehicular access from Moser Street and a heavily -treed visual buffer surrounds the proposed project area. Based on the information provided within this report, staff recommends approval of the variance as requested. Don Van Beckem, 3300 N. Main Street, stated that the company was wanting to add a storage structure on the rear parking area. Being that Moser Street is a front yard they are in need of a variance he said. He then stated that the structure will not be seen due to foliage. Ms. Larson asked Mr. Muehrer if a condition could be added so that there could be no curb cut on Moser Street in the future at any time. Board of Appeals Minutes 1 October 10, 2018 Mr. Muehrer answered that the Board is certainly allowed to add a condition. He further stated that staff had not discussed that as an option as the future of that location is not yet developed. Also, that when he was researching the location he was unaware that it was a double -fronted lot, he had to double check to verify that information. He then stated that the Board is able to do as they desire with adding conditions. Ms. Larson questioned the placement of the structure and if it were to still meet the street yard setback from Moser Street if it would still be considered a front yard setback. Mr. Muehrer confirmed that with the way the one principal structure is on site that it would still be a front yard setback in this instance. Mr. Cornell asked if this is a freestanding structure or attached to the building. Mr. Van Beckem answered that it was a freestanding structure. Mr. Cornell questioned that the entrance and exit of the structure would not be through the main building. Mr. Van Beckem confirmed that the only access was through the yard. Mr. Muehrer commented that the yard is gated for security purposes that without the security access no one is able to get in the back. Mr. Krasniewski asked if there are any other properties that are double fronted on Main Street and Moser Street. Mr. Muehrer responded that he believed there may be one, then referenced page 12 of the staff report and stated that there were not any other properties that are double fronted after looking at the map. Mr. Krasniewski asked for confirmation that the setback for HI (Heavy Industrial) would be considerably less than 600 feet. Mr. Muehrer confirmed that for the HI districts that the principal structure is 30 feet, and accessory is at least 60 feet in addition to it having to be behind the principal structure. Mr. Krasniewski then stated that the applicant could add to the principal structure up to 30 feet from Moser Street but because it was a free standing structure it needs to be 60 feet. Mr. Muehrer confirmed yes because it was an accessory structure. Mr. Kottke asked about the foliage on site. Mr. Van Beckem replied that it was a heavy tree area with a fence on site. Ms. Larson asked if the yard was fenced. Mr. Van Beckem confirmed the entire site is fenced. Board of Appeals Minutes 2 October 10, 2018 Ms. Larson motioned to approve the variance as requested. Seconded by Mr. Kottke. Mr. Kottke stated that this case was one that warranted approval as it is exactly what the variance process is for as the shape of the property makes it a unique situation and it will not affect any surrounding property owners. Approved 4-0. Findings o f facts: The double -fronted lot is a unique physical property. Circumstances create a justifiable hardship in this instance. No harm to the public interest as the subject property does not have any vehicular access from Moser Street. Heavily treed visual buffer surrounds the project area. There being no further business, the meeting adjourned at 3:43 p.m. (Krasniewski /Kottke). Respectfully submitted, Todd Muehrer Zoning Administrator Board of Appeals Minutes 3 October 10, 2018