Zoning & Planning Board of Appeals

AGENDA OF THE ZONING & PLANNING BOARD OF APPEALS TUESDAY, JUNE 17, 2025, 4:30 PM City Hall, Room 604 - The Harry Maier Room. Virtual attendance is also available via Zoom. A. Zoom Meeting Information. 1. Join Zoom Meeting Online: https://us02web.zoom.us/j/85419145658?pwd=VWxYY1FIRXBMcXU3dzU0VU0xQ1NKdz09 Or call in by phone: +1 312 626 6799 Meeting ID: 854 1914 5658 Passcode: 735080 If you wish to speak at this public meeting or leave a comment, please fill out the online Comment Form prior to the meeting. More detailed Zoom Instructions can be found online. B. Roll Call. 1. Members: Chair Noel Halvorsen, Vice-Chair Joshua Koch, Steven Schuchart and Brian Ritter. C. Approval of the Agenda. 1. Approval of the agenda for the Tuesday, June 17, 2025, meeting of the Zoning & Planning Board of Appeals. D. Approval of Minutes. 1. Approval of the minutes from the May 19, 2025 meeting. E. Regular Business. 1. (Appeal 25-12) Consideration, with possible action. on a request from Ben and Sydney Molter, applicants and property owners; requesting exceed front yard setback standards for an infill building for the purpose of adding a porch within an R1 Low-Density Residential district at 521 Roy Avenue. (Ald. B. Delie, District 10) Agenda of the Zoning & Planning Board of Appeals June 17, 2025 Page 1  The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. 2. (Appeal 25-13) Consideration, with possible action, on a variance request from Nathan Wallenfang of 814 Hubbard LLC, applicant and property owner; requesting exceed driveway standards for width of a driveway opening along an alley for a one or two-family residential use and impervious surface standards for a parcel in an R1 Low-Density Residential Zoning District at 812-814 Hubbard Street. (Ald. B. Johnson, District 9) The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. 3. (Appeal 25-14) Consideration, with possible action, on a variance request from Michael Vanden Berg, applicant; on behalf of Francis Woyak, property owner, requesting to exceed side yard standards for a driveway leading to a detached garage stall for a one or two-family residential home at 931 Coppens Road. (Ald. A. Proffitt, District 7) The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. F. Informational. 1. Next Meeting: July 21, 2025 G. Adjournment. 1. Adjournment for the Tuesday, June 17, 2025, meeting of the Zoning & Planning Board of Appeals. 1) THIS MEETING IS RECORDED: THE VIDEO OF THIS MEETING AND MINUTES ARE AVAILABLE ONLINE AT www.greenbaywi.gov 2) ACCESSIBILITY: Any person wishing to attend who requires special accommodation because of a disability, should contact the City Safety Manager at 920-448-3125 at least 48 hours before the scheduled meeting time so that arrangements can be made. 3) QUORUM: Please take notice that a majority or quorum of the Common Council will attend this Zoning & Planning Board of Appeals meeting and will constitute a meeting of the Common Council for purposes of discussion and information gathering relative to this agenda. 4) REPRESENTATION: The party requesting the communication, or their representative, should be present at this meeting. Agenda of the Zoning & Planning Board of Appeals June 17, 2025 Page 2  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY June 17, 2025 AGENDA ITEM # D.1 Approval of the minutes from the May 19, 2025 meeting. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY June 17, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.1 (Appeal 25-12) Consideration, with possible action. on a request from Ben and Sydney Molter, applicants and property owners; requesting exceed front yard setback standards for an infill building for the purpose of adding a porch within an R1 Low-Density Residential district at 521 Roy Avenue. (Ald. B. Delie, District 10) The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. BACKGROUND This item has been resolved and withdrawn. RECOMMENDATION FISCAL IMPACT ATTACHMENTS None 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY June 17, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.2 (Appeal 25-13) Consideration, with possible action, on a variance request from Nathan Wallenfang of 814 Hubbard LLC, applicant and property owner; requesting exceed driveway standards for width of a driveway opening along an alley for a one or two-family residential use and impervious surface standards for a parcel in an R1 Low-Density Residential Zoning District at 812-814 Hubbard Street. (Ald. B. Johnson, District 9) The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. BACKGROUND The applicant seeks variance relief from 4 sections of the Green Bay Municipal Code, Chapter 44: Zoning. Section 44-1746 (g): Alley Drives. The driveway may extend to the garage opening or may extend into the lot for 30 feet in width and 40 feet in depth, but shall not extend into the side yard setback. Section 44-1746 (h): Alley Drives. In no case shall the maximum driveway width be cumulatively greater than 50 percent of the lot frontage. Applicant seeks to create a driveway at 100 percent of lot frontage. Section 44-559.: Maximum Impervious Surface Coverage. Impervious surface, including all buildings, drives, and other paved areas, shall not cover more than 50 percent of any zoning lot located in the R1. Currently the site is approximately 74.4 percent impervious surface. Applicant seeks to create parcel with 75.6 percent impervious surfacing. Section 44-1746 d.: Driveways leading to uncovered parking areas shall meet the applicable side or rear setback established. Sideyard setback for an accessory uses is 4 feet for a parcel. Applicant seeks 0 feet on both the east and west side of property. The property owner has received a violation to bring the driveway surface into order as the gravel surface was not maintained and no longer held a legal non-conforming status as a pavement surface. Property owner is seeking to create a new driveway surface for a two-family residential house coming off the alleyway on the north part of the parcel. The gravel surface appears to have taken approximately 56 feet of width in its gravel configuration with approximately 20 feet in depth, leading to the north side of the house. The applicant seeks to pave the northernmost 20 feet of the property from side lot line to side lot line. The overall property is 65 feet in width from east to west. 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov The existing conditions appear to have approximately 3170 square feet of impervious surface. The applicant is seeking to add an approximate 50 square feet to the overall impervious surface, seeking to expand the impervious surface percentage from 74.4 to 75.6 percent. The property is not required to have an indoor garage space as it has established a legal non-conforming site. Two stalls for both units within the two-family unit require a parking stall. A parking stall must be 8 feet in width and 15 feet in depth. The overall property is 65 feet in width. Four stalls cannot meet the requirement of a maximum of 30 feet in width for an opening of a driveway, but four stalls at the minimum 8 feet wide allow for the driveway opening to be less than half of the overall width of the property. If a driveway were to be permitted at 32 feet wide by 15 feet in depth, the overall impervious surface would still exceed requirements. However, the overall percentage would lessen to approximately 56.3 percent. If a driveway were to be permitted at 32 feet wide by 20 feet in depth, the overall impervious surface percentage would be approximately 60.6 percent. If the overall driveway were constructed with a pervious pacer surfacing, the property would fully come into compliance for impervious surface standards. RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. 25-13 Application 2. 25-13 Site Plan page 2 of 2  Areas where red text is added to the body of the application has been added by staff. ZONING BOARD OF APPEALS VARIANCE APPLICATION Application Deadline: First Tuesday of the Month at 12:00 Noon. DATE: 6/1/2025 PROJECT #: 120293 APPEAL #: 25-13 APPLICANT INFORMATION: Name: Nathan Wallenfang Business Name: 814 Hubbard, LLC Address: 810 Marvin Ln City, State, Zip Green Bay, WI 54311 Phone: 920-309-0483 Email: Wallenfangholdings@gmail.com PROPERTY OWNER INFORMATION (if different from above): Name: Business Name: Address: City, State, Zip: Phone: Email: HAS A SITE PLAN BEEN REVIEWED BY PLANNING STAFF?  ✔ YES 1O If you checked “NO”, do not proceed. You must contact a member of the Planning staff to review your site, identify issues with the Zoning Code, and seek potential alternatives. Upon denial of a site plan, a formal variance submission may proceed. PLEASE FILL OUT INFORMATION BELOW REGARDING THE PROPOSED DIMENSIONAL VARIANCE: Location/Address: 812/814 Hubbard St, Green Bay, WI 54303 Tax Parcel Number(s): 4-38 Describe the Variance Request: Property owner is requesting to suffice city inspection department violation against posterior property parking area adjacent to alleyway. Inspection 65' -- in length and department has demanded area be repaved to return to original state and improve aesthetic appearance. Area to be repaved measures 56' 20' in width to accommodate tenant parking at the duplex which is utilized as a long-term rental property, with 3 bedrooms and 1 bathroom present on each side.  List ordinance(s) (number and description) the variance will be impacting (staff will assist with this). ------------------------------------------------------------------------------------ Sec 44-1726 Minimum number of required off-street parking spaces ------------------------------------------------------------------------------------------------------------------------------ Sec 44-1773 - Multifamily residential, mixed-use, institutional, commercial, and industrial use driveways Sec. 44-1746 g. and h. Alley drive width Sec. 44-559 Impervious Surface shall not cover more than 50 percent in an R1 lot. THREE STEP TEST - To qualify for a variance, the applicant must demonstrate that their property meets the following three (3) requirements: Does unique physical characteristics of your property prevent the compliance with the ordinance? Explain Yes. 1. This property has no driveway access to the street and is completely dependent on alley access to the parking area at the rear of the structure. 2. The parking area that currently exists measures 59' x 20' and is not with a feasible area to allow a vehicle to park straight on, perpendicular to the structure. 3. The current parking area allows for diagonal parking of vehicles, to a maximum of 5 vehicles without impeding the alley passageway (see attached picture). 4. With four vehicles parking on an angle, both back doors to the structure are moderately obstructed in the event of emergency, thus restricting access. ----------- Area of property is listed as 57' --- long per Brown Dog GIS. wide and 65.15' Current city ordinance requires lot to be 50% porous surface such as grass or mulch, however, footprint of physical property without parking area already exceeds this restriction. While including adequate parking given each side of duplex is a 3 bedroom, 1 bathroom unit, meeting standard of impervious surfaces would not be feasible. Current owner seeking to repave back parking area to current size/state for beatification purposes and to meet city violation request. Would granting the variance be contrary to the public interest? Explain. No. Previous owner of property was cited by city for parking pad of disrepair which was measured at 56' length and 20' width. Previous owner failed to have completed prior to sale/transfer to variance applicant. Given there is no driveway to the road, inadequate parking would require tenants of duplex to park on the curb of the street. With narrow street width in this section of the city, as well as winter operations of plowing, further road congestion would occur which would be against public interest. Furthermore, risk of accidents and need for police department variance would have to be sought to allow 65' ---would ensure that vehicles parking at residence do not obstruct alleyway, which is for overnight parking. Furthermore, restoring parking area to current length of 57' an overall safety concern. :K\ZRXOGQRWJHWWLQJWKHYDULDQFHXQUHDVRQDEO\SUHYHQW\RXIURPXVLQJWKHSURSHUW\IRUDSHUPLWWHGSXUSRVH OHDYLQJWKHSURSHUW\RZQHUZLWKRXWDQ\XVHWKDWLVSHUPLWWHGIRUWKHSURSHUW\ RUZRXOGUHQGHUFRQIRUPLW\ZLWKVXFK UHVWULFWLRQVXQQHFHVVDULO\EXUGHQVRPH" If only having allowed parking of 1/2 of lot width, this would only allow for 28.5 feet of parking. At 8 feet parking stall width as per city ordinance, with a necessary 2 stalls per unit (total of 4 stalls available for structure), the allotted parking area per ordinance of 28.5 feet would not meet the demand of 32 feet needed. Furthermore, as demonstrated in the images, parking perpendicular to the property is not feasible with anything other than a subcompact vehicle, thus necessitating the property tenants to park in an angular fashion to avoid obstructing the alleyway. Also worth noting, any return of impervious surface area to reclaim green space would be out of character with several associated properties adjacent to the alley and still fail to meet the 50% lot requirement as per ordinance. The structure was constructed originally in 1910. As per Wisconsin State Statue 101.13 and the 2010 ADA Standards, any parking stall of 8 feet must have an adjacent area of 5 feet, totaling 13 feet in width to accommodate disabilities. As a landlord, I cannot provide substandard parking or legally discriminate to a potential tenant based on disability, therefore requiring at least 52' of parking area (13' x 4 spaces). I HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE VARIANCE PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE ZONING BOARD OF APPEALS. Nathan Wallenfang Digitally signed by Nathan Wallenfang Date: 2025.06.01 19:09:46 -05'00' Nathan Wallenfang Digitally signed by Nathan Wallenfang Date: 2025.06.01 19:09:53 -05'00' Signature of the Property Owner Signature of Applicant (working as “Agent” for owner) Nathan Wallenfang Nathan Wallenfang Print Name Print Name 6/1/2025 6/1/2025 Date Date x OFFICE USE ONLY: Parcel #: 4-38 Residential $125Commercial $250 x District: 9 Zoning: R1 Meeting Date: June 18 Receipt #: 2767569... Submittal Date: 6.2.25 Staff Signature: jl  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY June 17, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.3 (Appeal 25-14) Consideration, with possible action, on a variance request from Michael Vanden Berg, applicant; on behalf of Francis Woyak, property owner, requesting to exceed side yard standards for a driveway leading to a detached garage stall for a one or two-family residential home at 931 Coppens Road. (Ald. A. Proffitt, District 7) The Board may convene in closed session pursuant to Sections 19.85(1)(a), Wis. Stats., for purposes of deliberating concerning a case which was the subject of any judicial or quasi-judicial trial or hearing before that governmental body. The Board will thereafter reconvene in open session pursuant to Section 19.85(2), Wis. Stats., to take action on items discussed in closed session, if appropriate, and to consider the remainder of the agenda. BACKGROUND The applicant seeks variance relief from 1 section of the Green Bay Municipal Code, Chapter 44: Zoning. Section 44-1746 b.: Detached garages. Driveways leading to detached garages shall meet the applicable side or rear setbacks for accessory structures established in the district in which it is situated or shall meet the side setback of an existing detached garage, whichever is less. Applicant seeks relief to allow for a sideyard setback of 0.5 feet from the property line, rather than 4 feet off the sideyard line. The applicant received a permit to create a new driveway in August 2024. Permit was conditionally approved with a notation that the DRIVEWAY TO RUN DIRECTLY TO CORNER OF THE GARAGE. The corner of the garage is approximately 2 feet from the door opening and appears to be approximately 4 feet from the property line. Construction occurred. An inspection was made post construction to close the building permit. At this time, it was discovered the driveway was poured beyond the into the sideyard, approximately 6 inches from the property line and not leading directly to the corner of the garage, which is approximately 2 feet from the garage door opening. The applicant seeks relief to keep the poured driveway as is. To come in compliance, the driveway inside of the property which has been poured must be removed from approximately 0.5 feet near the side line to approximately 4.0 feet from near the side line, leading directly to the garage corner. RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. 25-14 Application 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov 2. 25-14 Conditionally Approved Plan From August 2024 3. 25-14 Site Plan 4. 25-14 Inspection of Driveway Image page 2 of 2  $50.00 Matt Bablitch Matt Bablitch 08/14/2024 Matt Bablitch UDC Construction Inspector 117511  Driveway to run directly to corner of garage OK P#117511 Conditionally APPROVED Building Inspection Division Green Bay, Wisconsin Driveway to align with Matt Bablitch inside tapers of apron SEE CORRESPONDENCE .8/14/2024 Sidewalk Apron