Zoning Board of Appeals

CITY OF HORICON ZONING BOARD JUNE 26, 2013 OF APPEALS The Horicon Zoning Board of Appeals met in Regular Session with Chairman Daryl Levenhagen presiding. The meeting was called to order at 4:00 p.m. Members Present: Daryl Levenhagen, Milton Schessow, Michael Krueger, Craig Halsema. Members Absent: James Grigg, Paul Kruel. Motion by Schessow, second by Halsema, to approve the Zoning Board of Appeals minutes from July 12, 2011. All voting AYE. Motion carried. Chairman Levenhagen clarified that the meeting was being recorded for the convenience of the transcription for the secretary, not for publication. Levenhagen requested that all those wishing to speak state their names and speak loudly. Chairman Levenhagen announced this was a public hearing requesting a variance to erect a second shed at the property of 913 Raasch Hill Road for James and Lois Thorn. Motion by Schessow, second by Halsema, to open the public hearing for a variance to erect a second storage shed on property located at 913 Raasch Hill Road: James and Lois Thorn. All voting AYE. Motion carried. In attendance for the public hearing: James Thorn, property owner and Kristen Jacobson, Clerk-Treasurer. Chairman Levenhagen asked James Thorn to tell the Board what he is proposing to do. James Thorn stated he wished to put up a second storage shed, size 12’ X 16’. He stated he has a shed on there already, that he had a duplex, but he turned that into a condo and the other side of the property also has a shed. He stated his mother-in-law use to live on the other side and never used the shed on the other side of the property so he used it to store all his lawn care equipment but now that shed will go with the condo on the other side. Thorn stated he needs to put a second shed on his side of the property to now store that equipment; the current shed on his side of the property has woodworking items in it. Schessow stated he had walked over and looked at the property and the neighbor has a shed; so there are three sheds in pretty close vicinity. He added that it looked kind of like a little city back there. Schessow state that because of the rule that says only one building besides the house and garage, erecting a second shed would be crossing that rule. Schessow stated he would like to make a suggestion, because he has known people in the past who have had to tear down the existing shed and build 1 CITY OF HORICON ZONING BOARD JUNE 26, 2013 OF APPEALS a bigger one so he would like to suggest that instead of putting the new shed where you want it, add on to the one that you have or take that one down and put up a bigger one. Thorn responded that depending on how the addition was done it would be difficult because the contour of the land slopes off. Schessow agreed. Thorn added that it would be hard to add on to it. Schessow stated some fill would be needed if he expanded on the current structure. Schessow also stated he was not aware if there was room between the house and the existing shed to add on that way; however, as far as the variance, he has seen this before where someone wanted to build a second building but were denied. Thorn acknowledged this statement. Schessow stated the land at this property goes down in to the swamp in the back. Thorn agreed. Schessow recommended doing something with the current structure because once a variance is granted then throughout the city we’ll have everyone putting up little sheds all over so that would be his recommendation. Levenhagen asked if the current structure was on a slab or foundation of some kind. Thorn replied no. Schessow stated he thought the shed was on a slab, but it’s just sitting on top of the gravel. Thorn stated again there is no slab, the structure is on four by fours. Schessow asked if Thorn could move the current structure to the other one and do something there. Thorn replied that it was not impossible, but would be very hard to do. Schessow stated he would have to remove one wall and build onto it to make it one; otherwise it would be an additional building. Thorn stated that he understood; his plan was to set the new structure back far enough where it wouldn’t bother anyone. Schessow stated the drawing submitted showed the shed located up where the other sheds on the property are and there isn’t a lot of room in the back without going downhill into the swamp. Thorn stated he could probably go back another 30 feet. He added that where it is drawn right now is about 75 feet from the house; it would be about 25 feet from the structure currently there. Schessow asked if the new shed was just going to be for storing a lawn mower. Thorn confirmed the new structure was for storing his lawn care equipment, the current shed is full of woodworking equipment used in winter. Krueger stated in his neighborhood they had taken somebody to task for the same thing years ago. He added that Schessow had presented a reasonable alternative and he understands what Schessow is saying about having four sheds up there in a 2 CITY OF HORICON ZONING BOARD JUNE 26, 2013 OF APPEALS close area. Krueger stated “I know you are up there on Raasch Hill Road but we are still responsible to the other citizens of the public”. Krueger added that initially Thorn may be upset but Schessow has presented, without too much inconvenience, a reasonable alternative to adding another shed. Krueger added that he wasn’t sure how they would match up and asked if they were both pitched roofs. Thorn showed a picture of the style of shed. Schessow stated the new structure was basically what he already had there. Thorn replied yes, they were the same except the new shed was larger. He added the new shed is longer in the back and shorter in the front. Krueger asked if the one could be tucked under the end of the other one. Thorn stated yes, just butt it up. Thorn asked for clarification about just putting the new one up against the existing. Krueger stated it might be an option. Schessow stated there would have to be some fill put in there. Thorn then stated there is a light pole he would probably run into if he added it on to the end. Schessow stated it would depend on how Thorn put the new shed up against the existing shed; that the 12 foot side would work but the 16 foot side might be up against the pole. Thorn stated he would also have to cut the pine tree. Schessow stated he was trying to get Thorn an alternative to putting up a second shed. If he builds on to the existing structure the variance would not be needed. Thorn agreed. Schessow stated he couldn’t bring in a shed and just lean it up against the current one; it has to be built to it. Thorn agreed it had to be attached. He stated originally he had planned to put it on the other lot he owns but can’t do that because there is not a house on the lot. Schessow asked if it was the lot to the west side. Thorn answered yes. Schessow stated that might be a thing to do too. Levenhagen stated Thorn cannot put a shed on an empty lot. Thorn stated yes, City Ordinance says you can’t put anything on it. Jacobson stated no accessory building is allowed if there is not a structure on it. Krueger stated there is no good solution to this. Thorn replied probably not. Krueger stated maybe a couple of loads of fill would be needed to move the existing shed towards the pole and put the new shed between the house and existing shed. Levenhagen stated he would have to stay ten feet away from the house. Thorn agreed. Schessow stated that with the L shape he should be ten feet away from the house. Thorn stated if he goes to the east then he would be. Schessow stated he hated to say he couldn’t do it because it’s nice to have a little shed back there. Thorn stated he understood. Schessow stated if there was a handicap or other need than storage they could consider it. 3 CITY OF HORICON ZONING BOARD JUNE 26, 2013 OF APPEALS Krueger asked if he already bought a shed. Thorn replied no. Levenhagen asked if the condos had a single car garage or double car garage. Thorn answered they have a single car garage. Schessow stated at first he didn’t think it was a condo from the back. Levenhagen stated it just went to council. Thorn confirmed that. Jacobson stated it had gone to Plan Commission on June 10th. Levenhagen asked if there was any further discussion. All interested individuals and/or their representatives were given an opportunity to be heard. Motion by Halsema, second by Schessow, to close the public hearing for a variance to erect a second storage shed on property located at 913 Raasch Hill Road: James and Lois Thorn. All voting AYE. Motion carried. Motion by Schessow, second by Krueger, to deny a variance to erect a second storage shed on property located at 913 Raasch Hill Road: James and Lois Thorn. Jacobson clarified that the motion was to deny the variance, so if voting AYE you agree the second shed should not be allowed. Voting AYE: Schessow, Krueger, Halsema. Voting NAY: Levenhagen. Motion carried. Variance denied. Thorn stated he understood the law was the law. Schessow stated it was a rough thing to do and he hoped he gave him some good suggestions. Thorn stated yes, it won’t be impossible to do it, just difficult. Non-Action Discussion: None Motion by Schessow, second by Halsema to adjourn. Motion carried on a voice vote with no objections. Meeting adjourned at 4:19 p.m. ______________________________ Christina L. Stapleton, Secretary 4