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Zoning & Planning Board of Appeals

Regular Meeting

Green Bay, WI · December 15, 2025

AgendaPacketMinutes

Minutes

MINUTES OF THE ZONING & PLANNING BOARD OF APPEALS MONDAY, DECEMBER 15, 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 Present: Noel Halvorsen, Steven Schuchart, Joshua Koch, Brian Ritter Excused: None Absent: None C. APPROVAL OF THE AGENDA. 1. Approval of the agenda for the Monday, December 15, 2025, meeting of the Zoning & Planning Board of Appeals. Moved by Steven Schuchart, seconded by Brian Ritter to approve the agenda. Motion Passed. Yes—Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. D. APPROVAL OF MINUTES. 1. Approval of the minutes from the November 18, 2025 meeting. Moved by Joshua Koch, seconded by Steven Schuchart to approve the minutes. Motion Passed. Yes—Noel Halvorsen, Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain- None. E. REGULAR BUSINESS. 1. (Appeal 25-29) Consideration with possible action on a variance request Brad Rymer of Vierbicher (applicant) and KTS West Investments LLC (property owner), requesting to exceed minimum Floor Area Ratio standard in an OR Office Residential District at 1087/1101 W Mason Street. ( Ald. J. Ridderbush, District 8) Chair Noel Halvorsen asked the Board of Appeals members to confirm whether they had any conflicts of interest. All members affirmed they did not. Chair Noel Halvorsen asked the Board of Appeals members to confirm whether they had received any communication about this matter. All Board members affirmed they did not. Chair Noel Halvorsen affirmed Jon Leroy. Chair Noel Halvorsen affirmed Brad Rymer. Speaker: Jon LeRoy Brad Rymer - Vierbicher, 400 Security Blvd Moved by Joshua Koch, seconded by Steven Schuchart to approve the variance request to exceed the minimum Floor Area Ratio standard in an OR Office Residential District at 1087/1101 W Mason Street with the condition that parcels (1087 W Mason and 1101 W Mason) must be combined. Motion Passed. Yes—Noel Halvorsen, Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain- None. F. INFORMATIONAL. 1. Next Meeting: Tuesday, January 20, 2026. G. ADJOURNMENT. 1. Adjournment of the Monday, December 15, 2025, meeting of the Zoning & Planning Board of Appeals. Moved by Joshua Koch, seconded by Steven Schuchart to adjourn. Motion Passed. Yes—Noel Halvorsen, Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain- None.

Agenda

AGENDA OF THE ZONING & PLANNING BOARD OF APPEALS MONDAY, DECEMBER 15, 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, Steven Schuchart, and Joshua Koch. C. Approval of the Agenda. 1. Approval of the agenda for the Monday, December 15, 2025, meeting of the Zoning & Planning Board of Appeals. D. Approval of Minutes. 1. Approval of the minutes from the November 18, 2025 meeting. E. Regular Business. 1. (Appeal 25-29) Consideration with possible action on a variance request Brad Rymer of Vierbicher (applicant) and KTS West Investments LLC (property owner), requesting to exceed minimum Floor Area Ratio standard in an OR Office Residential District at 1087/1101 W Mason Street. ( Ald. J. Ridderbush, District 8) Agenda of the Zoning & Planning Board of Appeals December 15, 2025 Page 1 F. Informational. 1. Next Meeting: Tuesday, January 20, 2026. G. Adjournment. 1. Adjournment of the Monday, December 15, 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 December 15, 2025 Page 2

Packet

AGENDA OF THE ZONING & PLANNING BOARD OF APPEALS MONDAY, DECEMBER 15, 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, Steven Schuchart, and Joshua Koch. C. Approval of the Agenda. 1. Approval of the agenda for the Monday, December 15, 2025, meeting of the Zoning & Planning Board of Appeals. D. Approval of Minutes. 1. Approval of the minutes from the November 18, 2025 meeting. E. Regular Business. 1. (Appeal 25-29) Consideration with possible action on a variance request Brad Rymer of Vierbicher (applicant) and KTS West Investments LLC (property owner), requesting to exceed minimum Floor Area Ratio standard in an OR Office Residential District at 1087/1101 W Mason Street. ( Ald. J. Ridderbush, District 8) Agenda of the Zoning & Planning Board of Appeals December 15, 2025 Page 1 F. Informational. 1. Next Meeting: Tuesday, January 20, 2026. G. Adjournment. 1. Adjournment of the Monday, December 15, 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 December 15, 2025 Page 2 Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY December 15, 2025 AGENDA ITEM # D.1 Approval of the minutes from the November 18, 2025 meeting. BACKGROUND RECOMMENDATION FISCAL IMPACT ATTACHMENTS 1. BOA Minutes 11.18.2025 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov MINUTES OF THE ZONING & PLANNING BOARD OF APPEALS TUESDAY, NOVEMBER 18, 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. Present: Steven Schuchart, Joshua Koch, Brian Ritter Excused: Noel Halvorsen Others Present: Logan Wood, Assistant City Attorney C. APPROVAL OF THE AGENDA. 1. Approval of the agenda for the Tuesday, November 18, 2025, meeting of the Zoning & Planning Board of Appeals. Moved by Brian Ritter, seconded by Steven Schuchart to approve the agenda. Motion Passed. Yes-Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. D. APPROVAL OF MINUTES. 1. Approval of the minutes from the October 20, 2025 meeting of the Zoning and Planning Board of Appeals. Moved by Steven Schuchart, seconded by Brian Ritter to approve the minutes. Motion Passed. Yes-Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. E. REGULAR BUSINESS. 1. (Appeal 25-24) Consideration, with possible action, on a variance request from William Aubrey of Consolodated Construction Company (applicant), and Gordy Renn of Fox Converting, Inc (property owner), requesting to exceed rear yard setback standards in a BP Business Park zoned district at 200 Packerland Drive. (Ald. K. Hinkfuss, District 12) Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had any conflicts of interest. All members affirmed they did not. Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had received any communication about this matter. All Board members affirmed they did not. Vice-Chair Joshua Koch affirmed Jon Leroy. Vice-Chair Joshua Koch affirmed William Aubrey. Speakers: Jon LeRoy William Aubrey, W8716 Spring Rd., Hortonville, WI Moved by Steven Schuchart, seconded by Brian Ritter to approve the variance to exceed rear yard setback standards in a BP Business Park zoned district at 200 Packerland Drive. Variance permits a minimum 6' setback for driveway purposes along the west property line. Motion Passed. Yes—Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. 2. (Appeal 25-25) Consideration, with possible action, on a variance request from Duane Peterson (applicant) and Mike Delaney (property owner), requesting to exceed setback standards for the placement of an accessory building of an adjacent front yard on a corner lot in an R3 Varied Density District at 1201 N Webster Avenue. (Ald. J. Prestley, District 6) Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had any conflicts of interest. All members affirmed they did not. Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had received any communication about this matter. All Board members affirmed they did not. Vice-Chair Joshua Koch affirmed Jon Leroy. Vice-Chair Joshua Koch affirmed Duane Peterson. Vice-Chair Joshua Koch affirmed Steve Kunath. Speakers: Jon LeRoy Duane Peterson, 1201 N Webster Avenue Steve Kunath, 920 Reber Street Moved by Steven Schuchart, seconded by Brian Ritter to deny the variance to exceed setback standards for the placement of an accessory building of an adjacent front yard on a corner lot in an R3 Varied Density District at 1201 N Webster Avenue. Motion Passed. Yes—Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. 3. (Appeal 25-26) Consideration, with possible action, on a request Doreen and David Deprey (applicant and property owner), requesting to exceed side yard fence height standards in a residential district at 1214 13th Avenue. (Ald. B. Johnson, District 9) Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had any conflicts of interest. All members affirmed they did not. Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had received any communication about this matter. All Board members affirmed they did not. Vice-Chair Joshua Koch affirmed Jon Leroy. Vice-Chair Joshua Koch affirmed Doreen Deprey. Speakers: Jon LeRoy Doreen Deprey, 1214 13th Avenue Moved by Brian Ritter, seconded by Steven Schuchart to deny the variance to exceed side yard fence height standards in a residential district at 1214 13th Avenue. Motion Passed. Yes—Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. 4. (Appeal 25-27) Consideration, with possible action on a variance request from Abigal Jackson (applicant and property owner), requesting to exceed sideyard setback standards for a driveway and exceed maximum driveway width standards for a one- or two-family home at 1130 Shawano Avenue. (Ald. J. Ridderbush, District 8) Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had any conflicts of interest. All members affirmed they did not. Vice-Chair Joshua Koch asked the Board of Appeals members to confirm whether they had received any communication about this matter. All Board members affirmed they did not. Vice-Chair Joshua Koch affirmed Jon Leroy. Vice-Chair Joshua Koch affirmed Abigail Jackson. Vice-Chair Joshua Koch affirmed Paul Niderer. Speakers: Jon LeRoy Abigail Jackson, 1130 Shawano Avenue Paul Niderer, 1130 Shawano Avenue Moved by Steven Schuchart, seconded by Brian Ritter to approve the variances to exceed sideyard setback standards for a driveway and exceed maximum driveway width standards for a one- or two-family home at 1130 Shawano Avenue. Variance permits driveway construction for a 0' sideyard setback and a maximum of 13.5' driveway when the driveway is not directly leading to a garage door opening. Motion Passed. Yes—Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. F. INFORMATIONAL. 1. Next Meeting: December 15, 2025. G. ADJOURNMENT. 1. Adjournment of the Tuesday, November 18, 2025, meeting of the Zoning & Planning Board of Appeals. Moved by Brian Ritter, seconded by Steven Schuchart to adjourn. Motion Passed. Yes-Steven Schuchart, Joshua Koch, Brian Ritter, No-None, Abstain-None. Report to the Zoning & Planning Board of Appeals of the City of Green Bay MEETING DATE PREPARED BY December 15, 2025 Jon LeRoy, Zoning Administrator AGENDA ITEM # E.1 (Appeal 25-29) Consideration with possible action on a variance request Brad Rymer of Vierbicher (applicant) and KTS West Investments LLC (property owner), requesting to exceed minimum Floor Area Ratio standard in an OR Office Residential District at 1087/1101 W Mason Street. ( Ald. J. Ridderbush, District 8) BACKGROUND The applicant seeks variance relief from one section of the Green Bay Municipal Code, Chapter 44: Zoning Sec.44-620 Table 44-6. Office Residential District requires a minimum of 0.3 Floor Area Ratio (FAR) Applicant requests 0.15 for combined parcels of 1087 and 1101 W Mason Street. Applicant seeks 0.15 FAR for property at 1087 and 1101 W Mason. The applicant is seeking to create a parking lot redevelopment for the Tower Clock Eye Center. The Tower Clock Eye Center building is located at 1087 W Mason. The Tower Clock Eye Center also purchased property at 1101 W Mason in recent years and razed a former apartment building located at the corner of W Mason and Marquette. In 2024 and into 2025, the property has become a graveled lot in replacement of the former building and surface lot. Gravel can be utilized in the interim for construction projects but cannot be used as a permanent improvement on a site. The applicant has submitted site plans to add a surface parking lot in the place of the former apartment building. The applicant intends to combine both parcels and add extra parking for Tower Clock purposes. The site plan submitted can meet many setback and bulk requirements for parking on a site, but the overall size of the site expansion creates a request for a variance to exceed minimum requirements for floor area ratio on the proposed combined lots. The parcels are zoned Office Residential and require a minimum of 0.3 floor area to parcel size requirement. The applicant seeks to add 0 floor area ratio to the combined lots which total 46,677 square feet. The existing building and combined parcel create an FAR of 0.15. The existing parcel 1087 W Mason parcel has a legal non-conforming FAR of approximately 0.25. RECOMMENDATION If the variance is considered for approval, staff recommends the following conditions: 1. The parcels (1087 W Mason and 1101 W Mason) must be combined. FISCAL IMPACT ATTACHMENTS 1. 25-29 Redacted Application 100 North Jefferson Street, Green Bay, Wisconsin 54301-5026 greenbaywi.gov 2. 25-29 Site Plan 3. City Action Signed Document Redacted page 2 of 2 Dear Zoning Board of Appeals Variance Applicant: In this packet you will find a variance application form as well as detailed information by which the Zoning Board of Appeals (ZBA) bases its decisions. Please review all the information regarding variance standards. Perhaps you have a few general questions about the ZBA process, so here’s some of the basics about the variances. What is a variance? It’s an authorization granted by the ZBA to construct or alter a building or structure in a manner that deviates from the dimensional standards of the Zoning Code. What is the ZBA? It’s a quasi-judicial body that functions much like a court. The ZBA reviews variance applications. The ZBA has the power to grant variances when special conditions unique to the property itself will not allow the property owner to meet dimensional standards of specific ordinances. It is the job of the ZBA to not compromise Zoning Code provisions for a property owner’s convenience. Variance approvals are meant to be used infrequently as a remedy when an ordinance imposes a unique and substantial burden. The ZBA has the power to grant a variance when special and unique conditions exist on a property and the property owner cannot meet the dimensional standards of a specific ordinance. To demonstrate these conditions, you as the applicant need to explain the following standards: - Unnecessary Hardship - Unique Property Limitation - Protection of the Public Interest In the attached packet, please reference Part 3: Criteria for Variance for further details on these standards. The ZBA must uphold the intent of the zoning ordinance in its decision. You must contact our office to discuss your project before you intend to apply for a variance. You must provide a site plan to staff to discuss your project. To apply for a variance, a site plan must be denied. During this process, staff will discuss alternatives which could avoid a variance request. Please contact me if you have any questions or concerns about the materials provided in this packet or any other aspects of the City’s appeal process. Sincerely, Jon LeRoy Zoning Administrator / Senior Planner Phone: (920) 448-3405 Email: jon.leroy@greenbaywi.gov Zoning Board of Appeals (ZBA) The five members of the ZBA are citizens appointed by the Mayor and approved by the City Council, who give their time without compensation. Cases are generally heard in the order as they appear on the agenda. As an applicant you will be invited to present information regarding your request. City staff may provide factual evidence regarding your request. Neighboring property owners have been sent notice of your project and will also be allowed an opportunity to speak. The ZBA decision is based on the evidence and testimony received as part of the application and through the public hearing process. The ZBA may impose special conditions on any use or development being proposed in order to ensure that these criteria can and will continue to be met. Only the minimal amount of relief necessary to allow reasonable use or development of the property will be granted. Unless otherwise stipulated by a condition of approval, variances that permit some type of building or development will expire after twelve (12) months unless the building or development commences within 12 months and continues in reasonable manner toward completion. Part 1: Application Requirements The ZBA meets the third Monday of each month starting at 4:30 p.m. The meetings are held both in person at City Hall, Room 604, and virtually through Zoom. Instructions to access the meeting will be provided in advance of the meeting. For an appeal to be heard at any monthly hearing, an application must be on file in the Community and Economic Development Department, City Hall, 100 N Jefferson Street, Room 608, by 12:00 Noon on the first Tuesday of the month. The following items must be addressed, prepared, and submitted as part of your appeal application. Some of the items may not apply to all appeals. Incomplete applications will be returned and will affect the scheduling and processing of your appeal before the ZBA. A site plan must first be filed with the Community and Economic Development Department prior to application. The Zoning Administrator may grant an exemption from this requirement based on evidence provided by the applicant. At the direction of the ZBA, the following information is required to be submitted with the application (plans are not to be larger than 11 x 17): 1. The parcel in question with property boundaries and dimensions. 2. Abutting streets, properties, natural features, structures and their dimension to the site in question. 3. Location and size (with dimensions and area) of any existing buildings or structures. 4. Ordinary High-water Mark, 100-year Flood Elevation, 2-ft. above the 100-year Flood Elevation, Easements, etc. 5. Location and size of culverts, ditches, trees, wells, septic system, retaining wall, driveways, sidewalks, patios, or any other items pertinent to the variance requested – including area calculations. 6. Elevations at corners of parcel, building corners, grade breaks and other elevations pertinent to the variance requested. 7. Proposed building, structure or appurtenance for which the variance is being requested. 8. Additional requirements may apply when considering variance requests in floodplain districts. 9. A narrative and/or supporting photos, documents, paperwork, etc. that may have a bearing on the variance request. Fee in the amount of $250 for Commercial Properties and $125 for Residential Properties, which is non-refundable once the hearing has been noticed. Contact the Zoning Administrator, Jon LeRoy, at (920) 448-3405 or Jon.leroy@greenbaywi.gov to discuss your appeal. Please submit completed City of Green Bay Zoning Board of Appeals Variance Application (attached as part of this packet) to: Community and Economic Development Department Attn: Jon LeRoy, Zoning Administrator / Senior Planner 100 North Jefferson Street, Room 608 Green Bay, WI 54301 Part 2: Review Process Please check with the Zoning Administrator for further information on application deadlines, meeting dates, times, and when your appeal may be scheduled. Appeal applications are reviewed and scheduled on a first come first served basis. Once an appeal is scheduled, public hearing notices for that appeal will be (1) published in the City’s official newspaper, (2) mailed to property owners who are within 100 feet; and (3) mailed to you along with an agenda for the meeting your appeal is scheduled. On or prior to the meeting date, ZBA members may visit your property prior to conducting a public hearing of your appeal. Once the public hearing and testimony have been completed, the ZBA will act on your appeal (or continue to the next meeting if additional information or clarification is needed). Once decided, an Appeal summary will be prepared by the Zoning Administrator and will be recorded in the minutes as part of the proceeding of the ZBA meeting. Each applicant (or a representative of the applicant) is required to attend the hearing, or the appeal may be denied by the ZBA. In granting variances, the ZBA may impose special conditions to ensure that public interest and welfare will not be threatened. Variances granted by the ZBA remain valid for one year from the hearing date or as stipulated in the decision. If work to implement the variance has not begun within that time, the variance shall expire requiring the ZBA to re-approve the variance should the applicant wish to implement the plan. If necessary, an applicant may postpone the hearing of an appeal provided it is received by staff in writing prior to the hearing. The appeal will be postponed for one month or at a future meeting agreed upon by the ZBA. An application for appeal may be withdrawn provided it is received by staff in writing prior to the hearing date. No application which has been denied by the ZBA shall be reconsidered without material alteration or revision within one year of the board's decision, except pursuant to a court order or motion to reconsider made by a member voting with the majority. The ZBA may refuse to act upon an appeal if the applicant has failed to implement previously granted appeals. Part 3: Criteria for Variance To qualify for a variance, an applicant must demonstrate that all three statutory standards will be met: 1. Unnecessary Hardship. A matter to be determined from the facts and circumstances of each individual appeal, including: A. Unnecessary hardship is situation where, in the absence of a variance, an owner can make no feasible use of a property or strict conformity is unnecessarily burdensome. A variance is not warranted if the physical character of the property allows a landowner to build or develop in compliance with a zoning ordinance. B. Hardship must be peculiar to the parcel in question and different from that of other parcels. Hardship arises because of some unique property limitation of a parcel, or because the property was created before the passage of the zoning ordinance. C. Self-imposed hardship is not grounds for a variance. Improvements that were made in violation of the ordinance are generally considered to be self-imposed hardships. D. Hardships cannot be one that would have existed in the absence of a zoning code. 2. Unique Property Limitation. Unique physical characteristics of the property, not the desires of or conditions personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance. These features may be a wetland, soil type, parcel shape, or a steep slope that limits the reasonable use of the property. 3. Protection of the Public Interest. Granting of a variance must neither harm the public interest nor undermine the purpose of the ordinance. The public interest includes the interest of the public at large, not just that of nearby property owners. Lack of local opposition does not in itself mean that a variance will not harm public interest. Property owners within 100 ft. of the property area and Alderpersons will be noticed of the request prior to the meeting. Part 4: Findings by the ZBA No variance shall be granted by the ZBA unless it finds the following facts and conditions exist and so indicates in the minutes of its proceedings: 1) Preservation of Intent. A variance would not be inconstant with the spirit, purpose, and intent of the regulations for the district in which it is requested. 2) Exceptional Circumstances. Exceptional, extraordinary, or unusual circumstances or conditions apply to the lot or intended use that do not apply generally to other properties or uses in the same district, and the variance is not of so general or recurrent a nature to suggest that this chapter should be changed. 3) Preservation of property rights. 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. 4) Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the spirit, purpose, and intent of this chapter or the public interest. 5) Hardship. The alleged difficulty in complying with the Municipal Code is not self-imposed nor is it based solely on economic grounds. ZONING BOARD OF APPEALS VARIANCE APPLICATION Application Deadline: First Tuesday of the Month at 12:00 Noon. DATE: 11/24/25 PROJECT #: Tower Clock Eye Center APPEAL #: 25-29 APPLICANT INFORMATION: Name: Brad Rymer Business Name: Vierbicher Address: 400 Security Blvd City, State, Zip: Green Bay, WI 54313 Phone: Email: PROPERTY OWNER INFORMATION (if different from above): Name: KTS West Investments LLC Business Name: Tower Clock Eye Center Address: 1087 West Mason Street City, State, Zip: Green Bay, WI 54303 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: 1087 West Mason Street (1101 W Mason) Tax Parcel Number(s): 2-726 & 2-1087-1 Describe the Variance Request: Property is currently zoned OR - Office Residential. The minimum FAR is 0.3 according to the zoning code. The existing clinic site FAR is 0.21. The existing business is in need of additional parking. They purchased the parcel to the West (2-1087-1) and removed the multi-family building with the hopes of expanding their existing parking lot. Through several conversations with City staff, we have arrived at the variance request in order to proceed with the parking lot expansion. If we combine the 2 parcels, the FAR would decrease to 0.15. The FAR of the surgical center is 0.16. List ordinance(s) (number and description) the variance will be impacting (staff will assist with this). Sec 44-620 Dimensional and area requirements OR - FAR min 0.3 - FAR max 1.0 - max ground floor area 5,000 s.f. 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 existing sites currently do NOT comply with the FAR requirement of the OR ordinance. The existing business is under parked based on their facility capabilities. There are currently 20 exam rooms in the clinic. The volume of patients throughout the day exceeds the parking limitations. The clinic and surgical center employ 69 people on any given day with approximately 210 patients per day. This equates to 27 patients per hour. Factor in overlap for patients coming and going and that requires 123 parking spaces. There are currently 102 parking spaces between the 2 sites. Would granting the variance be contrary to the public interest? Explain. No, currently if there are not enough parking spaces, patients are forced to park on the street or wait for someone to leave. Granting the variance would create a less cumbersome experience for the patients. 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? The eye clinic and surgery center are successful permitted uses within the OR zoning, however, the maximum number of patients per day based on parking allowances would be reduced to the point that a different facility would likely be required. Granting the variance would allow the clinic to expand their parking lot to maintain the patient numbers. 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. Digitally signed by Brad Rymer Brad Rymer Date: 2025.11.24 10:22:20 -06'00' Signature of the Property Owner Signature of Applicant (working as “Agent” for owner) See Attached City Action Doc Redacted. Brad Rymer Print Name Print Name 11/24/25 Date Date OFFICE USE ONLY: Parcel #: 2-726, 2-1087-1 Residential $125 Commercial $250 ✔ District: 8 Zoning: OR Meeting Date: Dec 2025 Receipt #: Submittal Date: 11.24.25 Staff Signature: jl 1 2 3 4 5 6 7 8 9 10 DESIGNED BY JCL DATA FILE S-5218.txt A North DATE 02-07-25 NW NE W E SW SE S Graphic Scale: 1" = 20' 0 20 40 60 80 100 S.T .H. B "54 Comments /32 " - - - - - VEN WE UE ST MA Date SO - - - - - E A N STR E ET RQU Number ETT - - - - - MA C D EXISTING BUILDING 7,763 SF UE VEN E ET A NIC Site Plan OL Tower Clock Eye Center F File: S-3523 CUP Exhibit 100725.dwg PROJECT NO. S-3523 G SHEET NO. C5.0 DRAWING NO. 1 2 3 4 5 6 7 8 9 10 S-3927