Zoning & Planning Board of Appeals

AGENDA OF THE ZONING & PLANNING BOARD OF APPEALS MONDAY, JULY 21, 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 Monday, July 21, 2025, meeting of the Zoning & Planning Board of Appeals. D. Approval of Minutes. 1. Approval of the minutes from the Tuesday June 17, 2025 meeting. E. Regular Business. 1. (Appeal 25-15) Consideration, with possible action, on a variance request from Brian Johnson, applicant and property owner; requesting to exceed standards for the placement of a hot tub near a side yard line at 516 Hubbard Street. (Ald. B. Johnson, District 9) Agenda of the Zoning & Planning Board of Appeals July 21, 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 25-16) Consideration, with possible action, on a variance request from Larry Hamill, applicant and property owner; requesting to exceed driveway setback standards for a parking stall along side of a garage for a one or two-family residential driveway at 232 N Locust Street. (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. 3. (Appeal 25-17) Consideration, with possible action, on a variance request from Steve Collin - applicant, and Sandy Ewald - property owner; requesting to exceed driveway width standards in the front yard and driveway opening for a one or two-family residential driveway at 2815 Nicolet Drive. (Ald. J. Grant, District 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. F. Informational. 1. Next Meeting: Monday August 18, 2025 G. Adjournment. 1. Adjournment of the Monday, July 21, 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 July 21, 2025 Page 2  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY July 21, 2025 AGENDA ITEM # D.1 Approval of the minutes from the Tuesday June 17, 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 July 21, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.1 (Appeal 25-15) Consideration, with possible action, on a variance request from Brian Johnson, applicant and property owner; requesting to exceed standards for the placement of a hot tub near a side yard line at 516 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 1 section of the Green Bay Municipal Code, Chapter 44: Zoning. 44-520 (a) Setback. Permanent aboveground or in-ground pools, ponds, or spas shall maintain a minimum front yard setback of 25 feet and a rear and side yard setback of ten feet from adjoining property Applicant seeks setback of 4.25 feet from side yard along the western portion of parcel for placement of hot tub. The applicant has placed a hot tub in the rear of the property. The applicant has noted that the hot tub has not been in use and has a solid structural cover on top of the hot tub unit. Any pool or hot tub additions on a property are required to be setback a minimum of 10 feet from either the rear or side yard. The property is 40 feet in width. A hot tub or pool can be placed in the remaining 20 feet located in the center of the property. The placement of the hot tub is sought to be placed 4.25 feet from the western side yard line. The neighboring property constructed a 6' tall wooden fence parallel to the property line in 2022. This property has a variance which was granted in June 2022 which allowed for a rear yard setback of 2.5 feet and 70 percent impervious surfacing cap on the overall property. A new 24' x 20' detached garage was built in the northeast corner of the property. New structures like accessory buildings, hot tubs, or pools must be built a minimum of 3 feet separate from other structures. The placement of the hot tub meets the three-foot separation from the existing principal structure and the accessory garage structure. RECOMMENDATION FISCAL IMPACT 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov ATTACHMENTS 1. 25-15 Application 2. 25-15 Site Plan 3. 25-15 Photo 1 4. 25-15 Photo 2 5. 25-15 Photo 3 6. 25-15 Photo 4 7. 25-15 Photo 5 8. Appeal 25-15 Street View page 2 of 2  ZONING BOARD OF APPEALS VARIANCE APPLICATION Application Deadline: First Tuesday of the Month at 12:00 Noon. DATE: 07/07/2025 PROJECT #: 121118 APPEAL #: 25-15 APPLICANT INFORMATION: Name: Brian Johnson Business Name: Address: 516 Hubbard Street City, State, Zip: Green Bay, WI 54303 Phone: 920-242-2206 Email: brianhenryjohnson@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 NO 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: 516 Hubbard Street Tax Parcel Number(s): 4-97 Describe the Variance Request: Request to allow the placement of a hot tub 51" (4.25') from the side lot line. The hot tub size is 94" x 94" and cannot be placed anywhere in the yard to meet existing code. The side and rear lot lines have a 66" fence and conceal the hot tub from neighborhing properties. The requested placement provides a 3' setback from the rear of the home and side of the back porch per manufacturer recommendations. The hot tub would be placed on top of an existing poured patio. The total lot size is 40' x 106'. The height of the hot tub is 40" and has a cover that will remain in place when not in use.  List ordinance(s) (number and description) the variance will be impacting (staff will assist with this). Sec. 44-520 (a) Setback. Permanent aboveground or in-ground pools, ponds, or spas shall maintain a minimum front yard setback of 25 feet and a rear and side yard setback of ten feet from adjoining property, subject to properly granted variance under Article II of this chapter, Administration. In determining this setback for aboveground pools, ponds, or spas with permanent fencing or decks, any deck or similar structure shall be considered part of the pool, pond, or spa. 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 The placement of existing physical structures including the home and garage prevent the placement of a hot tub in any other location other than the requested spot. The code permits property owners to have a garage and a hot tub, but due to the size limitions of my yard, I am not able to have both without a variance thereby creating an unnecessary hardship. A 10' setback from the lot line would place the hot tub in front of the exit from my home or overlapping with the garage which is not possible. This unique property limition existed prior to the creation of the code, therefore, granting the variance would be in alignment with the intent of the board of appeals. Would granting the variance be contrary to the public interest? Explain. Granting of the variance will provide the same property rights enjoyed by other property owners. A 57.5% reduction in the side lot setback does not undermine the ordinance as 4.25' still meets a reasonable setback expectation for a dense urban environment with small lot sizes. Denial of the variance request would deprive the property owner of rights enjoyed by other property owners and would not reasonably be assumed to be a better alternative. Assuming the intent of the ordinance is create distance between properties as a noise buffer, 5.75' in the other direction could hardly be argued as a substantial difference. The placement of an existing fence also provides cover and sound absorbtion from the nearest lot line. Water may still be drained from the hot tub in a manner that would not interfere with the neighboring property's rights, and would be in compliance with existing code requirements. Why would not getting the variance unreasonably prevent you from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome? Placement of the hot tub is not permitted in the front yard because it will not meet the 25' setback requirement from the front lot line. Placing the hot tub 10' from the side lot line in the back yard is not possible because it would overlap with the garage. Placing the hot tub anywhere else on the rear patio other than the requested location would create an obstruction in front of the rear steps exiting the home. The code allows ownership of a hot tub, however, the narrow dimensions of my lot prohibit me from meeting code. Therefore, the variance is necessary for the preservation and enjoyment of the same substantial property rights which are possessed by other properties in the same district and vicinity. 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. Signature of the Property Owner Signature of Applicant (working as “Agent” for owner) Brian Johnson Print Name Print Name 07/07/2025 Date Date OFFICE USE ONLY: Parcel #: 4-97 Residential $125 xxx Commercial $250 OR July 21 25 District: 9 Zoning: Meeting Date: Receipt #: Submittal Date: 7/8/25 Staff Signature: jl  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY July 21, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.2 (Appeal 25-16) Consideration, with possible action, on a variance request from Larry Hamill, applicant and property owner; requesting to exceed driveway setback standards for a parking stall along side of a garage for a one or two-family residential driveway at 232 N Locust Street. (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 RECOMMENDATION The applicant seeks variance relief from 1 section of the Green Bay Municipal Code, Chapter 44: Zoning. Section 44-1747 (3.) (c.) One uncovered parking space is permitted in the side yard alongside a garage provided said space is not located between the building and the street and is set back from the side and rear lot lines by no fewer than 2.5 feet. A legal parking stall must be 8 feet in width. Total space requires 10.5 feet from the garage edge to the property line. The applicant is seeking 10 inches between the drive and the property line, rather than 2.5 feet. The applicant seeks to keep portions of a driveway which was constructed in May 2025. The applicant applied for a permit during the week of May 19. The application lacked dimensions and did not meet all aspects of zoning code. The applicant requested a permit be approved by the next day, but the front office staff informed the applicant that this turnaround time is unrealistic. The applicant was replacing and expanding concrete for parking vehicles in the front yard and patio space leading to the front door. The following week, on May 28, inspector Matt Bablitch reviewed the application and visited the property to witness construction had occurred on the parcel. The new construction included an expansion of the driveway to approximately 8 inches from the northern sideyard line, an expansion of the southern driveway some 7 feet past the southernmost garage door opening and an expansion of a front patio reaching some 8– 9 feet from the western edge of the home leading to the front door. A conditionally approved permit noting limitations on expansion for the front yard concrete pours were issued on May 28. That document is included with this item. The applicant had a handful of subsequent conversations with either Inspector Bablitch or with Zoning Administrator Jon LeRoy regarding code requirements and discussion to solutions to ensure improvements meet zoning code. 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov The applicant has agreed to reduce the width of the expanded driveway alongside the southern portion of the property to no greater than 2 feet past the garage door edge and reduce the concrete walkway area width to 6 feet or less as to not create a potential additional front yard parking stall south of the driveway. The applicant seeks to add additional pavement at the northern edge of the garage to create a parking stall alongside the garage. The applicant seeks to create an 8-foot-wide parking stall. The garage is not fully perpendicular with the street and has about 8' 10" of space between the northwestern corner of the garage and the northern property line. At the northeastern corner of the garage, an 8-foot paved parking stall can be approximately 2' 6" off the property line as the garage angles away from the property line. The applicant seeks relief of allowing the buffer to be reduced to 0.8-foot setback from the neighboring parcel, departing 1.7 feet from the typical 2.5-foot requirement. Additionally, the applicant has provided the following list of properties he believes have similar driveway conditions: 1750 Bond St 1760 Bond St 1868 Bond St 1706 Bond St 1205 N Locust 1378 Division St 316 N Locust FISCAL IMPACT ATTACHMENTS 1. 25-16 232 N Locust Street Application 2. 25-16 Current Conditions Photo July 1 2025 3. 25-16 Variance Request Site Plan 4. 25-16 Existing Conditions Sketch 5. 25-16 Applicant Provided Addresses with Enlarged Driveways 6. 25-16 Approved Permit from Inspection 7. Appeal 25-16 Street View August 2019 page 2 of 2  Variance Request North side of driveway Additional 24 feet of pavement to be poured north of garage. 39 feet of pavement has been poured west of garage. R--e-ivef;7 s�t bc.i:,lr tv-eW' '()f 0 ;-evYy lt\-1-e_ OV\. SiJe b e, 10 11• 1750 Bond 1760 Bond 1868 Bond 1205 Locust 1706 Bond 1378 Division St 316 N Locust  120489 $50.00 Matt Bablitch OWNER DROPPED OFF PERMIT APPLICATION AND TOLD FRONT OFFICE STAFF THAT HE DIDN'T CARE IF THE CONFIGURATION WAS NOT CORRECT AND THAT HE HAD ALREADY STARTED IT AND WAS GOING TO DO IT EITHER WAY - DOUBLE FEE. Matt Bablitch 05/28/2025 Matt Bablitch UDC Construction Inspector 120489  No work permitted in right of way Expansion not permitted - This are shall be removed and seeded with perennial grass Expansion not permitted Blue outlined area is permissible for an attached 2 car garage. No expansion permitted in accordance with Green Bay municipal code Section 44-1746 P#120489 Conditionally THIS PERMIT IS CONDITIONALLY APPROVED. APPROVED CONDITIONS OF THE PERMT REQUIRE THAT THE Building Inspection Division DRIVEWAY BE CONFIGURED IN CONFORMANCE WITH Green Bay, Wisconsin SECTION 44-1746 OF THE GREEN BAY MUNICIPAL CODE Matt Bablitch SEE CORRESPONDENCE .5/28/2025 FINAL INSPECTION REQUIRED UPON COMPLETION  Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY July 21, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.3 (Appeal 25-17) Consideration, with possible action, on a variance request from Steve Collin - applicant, and Sandy Ewald - property owner; requesting to exceed driveway width standards in the front yard and driveway opening for a one or two-family residential driveway at 2815 Nicolet Drive. (Ald. J. Grant, District 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. BACKGROUND The applicant seeks variance relief from 2 sections of the Green Bay Municipal Code, Chapter 44: Zoning. Section 44-1746 Driveways shall lead to the public right-of-way directly to a garage door opening plus 24 inches on either side of said door or to a legal surface parking space. Applicant seeks to create a driveway which is approximately 21 feet wider than what is permitted between legal surface parking spaces. Section 44-1746 (3) a. Driveway width Driveways leading to garages are limited to a maximum width of 25 feet at the property line and 30 at the curb/pavement line. Applicant seeks to create a driveway opening at both the property line and the Nicolet Drive pavement line at 53 feet in width. The applicant is seeking to fully replace asphalt drives leading to an attached and detached garage on the property. Applicant stopped initial reconstruction when Inspection staff were notified of a driveway being replaced without a permit in June 2025. The applicant is seeking to replace existing asphalt on the property and driveway area leading out to Nicolet Drive. The principal structure home was built in 2019 after a previous home was razed on the parcel in 2018. The principal structure has an attached garage. To the north of the principal structure, a detached accessory garage exists near the northeast corner of the property. The accessory structure is located both in the front yard and side yard setback, but is considered to be legal non-conforming as the structure has existed since at least the year 2000. A new concrete driveway was poured during construction of the new principal building in 2019, but the majority of the existing asphalt driveway leading from Nicolet Drive remained in a non-conforming state between the garages and leading out to the pavement line at Nicolet Drive. 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov The applicant is seeking to create a 53-foot-wide driveway. On the southern edge of the driveway, the applicant seeks to create a 25-foot extension from the pavement line at Nicolet Drive back to the 2019 concrete pour area. On the northern edge of the driveway, the applicant secs to create a 37' 4" extension of concrete from northeast corner of the accessory garage to the pavement at Nicolet Drive. In between the drives leading directly to garage door openings, the applicant seeks to create an approximately 27-foot-wide connection between the two drive lanes which would extend on a plane starting at the southeast corner of the accessory garage, thence parallel with Nicolet Drive 27 feet, to the existing edge of the concrete drive leading to the principal garage. Said area would encompass a driveway opening in the right of way and extend approximately 8 feet into the front yard of the property. Because the property has two legal garages, a driveway can be accessible to both garages. However, said driveways are required to meet width standards of Article XVIII. Since the accessory garage is located in proximity to the right of way, a single legal driveway which meets width standards is not possible in the existing footprint. RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. 25-17 Application 2. 25-17 Site Plan 3. 2815 Nicolet Street View and Aerial History page 2 of 2 2815 Nicolet Street View and Aerial History Street View November 2022 Street View September 2013 Aerial View 2023 Aerial View 2017