Board of Zoning Appeals

THESE ARE THE MINUTES OF THE BOARD OF APPEALS MEETING ON THURSDAY, DECEMBER 13, 2018, AT 7:00 P.M. HELD IN THE COUNCIL CHAMBERS AT CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD. MEMBERS PRESENT: Kevin Bublitz, Robert Buikema, Gordon Rozmus, Frank DeGuire, Alderman Ron Balzer (alt.) MEMBERS ABSENT & EXCUSED: Rod Carter, Alderman Bill Carnell (alt.) ALSO PRESENT: Zoning & Building Administrator Larry Goudy Kevin Bublitz called the meeting to order at 7:01 p.m. He stated that the notice of hearing has been duly published pursuant to the State open meetings law and explained the procedure to present the appeals to the Board this evening. 1. Roll Call Mr. Bublitz indicated that a quorum is present and that the request for variances must receive the affirmative vote of three members of the Board in order for a request to be granted. New Business: 2a. October 11, 2018, Minutes • Robert Buikema moved approval of the October 11, 2018, Board of Appeals meeting minutes. Seconded by Frank DeGuire and carried unanimously. ******** Public Hearing & Consideration of Appeal: Certain requests for building permits have been submitted to the City of Brookfield and have been denied by the Zoning & Building Administrator because they did not comply with the Zoning, Building or Sign Code of the City of Brookfield. There will be a Public Hearing held before the Board of Appeals on December 13, 2018, at 7:00 pm at the Common Council Chambers for the express purpose of considering the following request(s) for variance. Please note that following the public hearing(s) the Board intends to take action by considering the request indicated: 3a. Wexford Heights, Woodberry Village Condominiums, 17915, 17935, 17955 W. Ashlea Dr.,: Modified Suburban Overlay, 118’2” to 87.82’ The next item was the request of Wexford Heights L.P., Woodberry Village Condominiums, SSE ¼ Sec. 4 T7N R20E, to appeal the Modified Suburban Overlay matrix contained in Ordinance No. 1692 to permit a building at 17915, 17935, 17955 W. Ashlea Drive. The building is proposed at 87.82’ from the south property line. The ordinance states that the building would be 118’2” from the south property line. Zoning and Building Administrator Larry Goudy reviewed the request and stated those ordinances originally were created as part of an overall Capitol Drive Corridor Study and rezoning of the Capitol Drive properties from 124th Street to Barker Road. That ordinance Board of Appeals Page 2 December 13, 2018 created new zoning districts and established different setbacks and offsets. With each development, the owner had to come in and get their own ordinance for that development. That ordinance created a variety of regulations associated with the property, including setback and offsets. The base setback for the M-2 zoning district is 50 feet minimum. However, the ordinance reflected what was provided to the Plan Commission and Common Council in the condominium plat. What occurred in this case, the setback was identified on the original condominium plat as 118’ from the Capitol Drive property line. That dimension, unfortunately, was measured from the road, rather than from the property line. The plat was approved that way by the Common Council and Plan Commission. Therefore, the setback was approved at 118’ in error. In summary, an error was made in the condo plat and an error was made by staff by not catching it. The ordinance then was created that reflected what the setback from Capitol Drive has to be. It is listed as 118’. The building permit application shows approximately 90’. Staff from the Inspections Department had to deny it because it did not meet the setback regulation by the ordinance. It is important to point out that the setback for M-2 zoning district is normally a minimum of 50’. The building is the one closest to Capitol Drive. They are presently constructing the building to the North of it and then this project will be complete. Mr. Rozmus asked if this impacts just one building? Mr. Goudy replied yes, that is correct. It is the furthest south building. Mr. Rozmus asked if the area south of that towards Capitol Drive will not be developed? This is all within the projects ownership. Mr. Goudy replied yes. There will be nothing between this building and Capitol Drive but landscaping. They are at their maximum density once this building is completed. There is no opportunity for additional construction in that area. The Community Development department has been made aware of it and recognize an error occurred. They are in complete support in offering a variance in this case. Mr. Goudy stated the fact of the matter is that the building is exactly where the Common Council knew where it was going to be. It is just a technical mistake. Mr. Rob Williams, TDI Associates and representing the developer, stated originally they were the ones that did the site plan work. The dimension line that was shown from the pavement should not have been written in ordinance. Alderman Balzer asked if there was room to move the whole thing backwards. Mr. Williams replied no, there is a 30’ difference. There is also a wetland area. Mr. Goudy added that there is also minimum requirements of space between the buildings. Moving it the north would violate that provision. Mr. Goudy stated notices were sent out to every owner in Woodberry Village Condominiums and also in Stonewood Condominiums. The only response received was someone who wasn’t happy with the building going up thinking it was too close to the lot line. It was certified via a survey that it is in the appropriate spot. Mr. Bublitz replied that a letter was received from Woodberry Village Condo Association indicating their support for the variance. • Frank DeGuire moved to approve the variance as requested. The motion was seconded by Rob Buikema and carried unanimously. • Frank DeGuire moved to adjourn. Seconded by Kevin Bublitz and carried unanimously. Meeting ended at 7:20 p.m. Minutes submitted by Renee J. Tadych, Deputy City Clerk.