Zoning Board of Appeals

City of Milton Zoning Board of Appeals Thursday, July 11, 2013 6:00 p.m. Council Chambers, Lower Level Shaw Municipal Center 430 E. High Street Note: Please contact City Hall at 868-6900 if you are unable to attend in order that we have a quorum. 1. Call Meeting to Order 2. Approve Agenda 3. Approve Minutes – May 30, 2013 4. Public hearing to consider a request received from Blackhawk Technical College, 15 Plumb Street for front yard, rear yard, corner lot and side yard setback reduction. 5. Discussion and action regarding a request from Blackhawk Technical College, 15 Plumb Street for front yard, rear yard, corner lot and side yard setback reduction. 6. General Items 7. Motion to Adjourn **Please note that upon reasonable notice, at least 48 hours in advance, efforts will be made to accommodate the needs to disabled individuals through appropriate aids and services. For additional information to request this service, please contact the City Clerk’s office at 868-6900, 430 E. High Street, Milton, WI 53563. Notice is hereby given that a majority of the Common Council may be present at the Zoning Board of Appeals Committee meeting scheduled for above noted date and time to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the City Council pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Council will not take any formal action at this meeting. Posted by: Michelle Ebbert 07/03/2013  City of Milton Joint Meeting of the Plan Commission and Zoning Board of Appeals Thursday, May 30, 2013 Call to order the Plan Commission meeting. Chairperson Mayor Frazier called the Plan Commission meeting to order at approximately 6:03 pm. Plan Commission Members Present: Mayor Brett Frazier, Comm Dave Ostrowski, Comm Howard Robinson, Comm Maxine Striegl, Comm Nancy Lader and Comm Ethel Himmel. Also Present: City Administrator Jerry Schuetz and City Clerk Michelle Ebbert. Excused Absence: Comm Lynda Clark. Approve Agenda of the Joint Meeting of the Plan Commission and Zoning Board of Appeals. Comm Lader moved to approve the agenda. Comm Ostrowski seconded the motion and carried. Approve Minutes – Plan Commission May 7, 2013. Comm Ostrowski moved to approve the minutes. Comm Striegl seconded the motion and carried. Comm Himmel abstained due to absence. Public hearing to consider a request from the City of Milton for a Conditional Use Permit to install a Variable Message and Community Information Sign for land located adjacent to 1360 Parkview Drive. Mayor Frazier opened the Public Hearing at 6:05 pm. Comm Robinson discussed the application for a Conditional Use Permit to allow for the installation of a variable message and community information sign adjacent to the parking lot in Crossridge Park. This sign was discussed at a preconference session at the last Plan Commission meeting. The sign will be located on city park property. The city will use the sign for community messages. The sign meets the code requirements for area allowed per sign face and the sign matches the regulations of Section 78-1933(j) variable message signs. Current changes in the sign ordinances allow this type of sign to be placed in the indicated area. The City of Milton is also requesting a variance to allow the sign to be placed ten feet from the property line. Approval of the Conditional Use Permit would be contingent upon approval of the variance. If the variance is not approved, the setback would be a minimum of 17 ½ feet from the property line, not 10 feet as indicated on the plot plan. No comments were received from the public. Mayor Frazier closed the Public Hearing at 6:07 pm. Discussion, possible action and review of Findings of Fact regarding a request from the City of Milton for a Conditional Use Permit to install a Variable Message and Community Information Sign for land located adjacent to 1360 Parkview Drive. Comm Lader asked about the anticipated travel patterns of patrons for the YMCA. Dr. Tom Den Boer was present to discuss potential routes. Comm Ostrowski asked about adding ‘City of Milton’ above ‘Crossridge Park’. Administrator Schuetz stated that there is a cost to the City to add ‘City of Milton’. Comm Ostrowski moved to make a recommendation to include on the Findings of Fact the wishes of the Plan Commission to add ‘City of Milton to the sign if Crossridge Park is to be included. Comm Robinson seconded the motion and carried. Comm. Himmel moved to recommend that the Common Council approve a Conditional Use Permit for a variable message and community information sign for land located adjacent to 1360 Parkview Drive contingent upon approval of a Variance for a front yard setback reduction. Comm Striegl seconded the motion and carried. Discussion and possible action regarding Site Plan Review for a Sign for the City of Milton for land located adjacent to 1360 Parkview Drive. Comm Robinson reviewed the Site Plan. Comm Ostrowski moved to approve the Site Plan Review for a sign for the City of Milton for land located adjacent to 1360 Parkview Drive contingent upon approval of a Variance for a front yard setback. Comm Robinson seconded the motion and carried. Next Meeting of the Plan Commission –Tuesday June 11th Motion to Adjourn the Plan Commission meeting. Comm. Ostrowski moved to adjourn the Plan Commission meeting at 6:15 pm. Comm. Robinson seconded the motion and carried. Call to order the Zoning Board of Appeals meeting. Chairperson Jim Polarski called the Zoning Board of Appeals meeting to order at 6:16 pm Zoning Board of Appeals Members Present: Chairperson Jim Polarski, Tom Kevern, Roy Gilmour and Carl Schultz. Also present: City Administrator Jerry Schuetz, Director of Public Works Howard Robinson and City Clerk Michelle Ebbert. Excused absence: Ken Holland and Alt #1 Theron Dosch. Approve Minutes – Zoning Board of Appeals May 2, 2013. C. Schultz moved to approve the minutes. T. Kevern seconded the motion and carried. Public hearing to consider a request from the City of Milton for a Variance to reduce the front yard setback for a sign to be placed on land located adjacent to 1360 Parkview Drive. Chairperson Polarski opened the Public Hearing at 6:17 pm. Director Robinson reviewed the request for a variance to allow for the installation of a variable message and community information sign in Crossridge Park with a setback of 10 feet. The sign would be a shared sign between the City of Milton and the YMCA. The 10 foot setback would place the sign on the park, not in the Parkview Drive right of way, and would not cause interference with a vision triangle. The placement would give it good sight lines on Parkview Drive and it would not interfere with future sidewalk or curb and gutter installation. The regular setback would be a minimum of 17 ½ feet. A Conditional Use Permit for the sign must also be approved by the Plan Commission prior to installation. Chairperson Polarski closed the Public Hearing at 6:22 pm. Discussion and possible action regarding a request from the City of Milton for a Variance to reduce the front yard setback for a sign to be placed on land located adjacent to 1360 Parkview Drive. T. Kevern questioned the setback for the agricultural zoning. Director Robinson stated without a Variance the sign could be 17 ½ feet back from Parkview Drive. T. Kevern stated this is new construction with no visual obstructions. R. Gilmour confirmed that the YMCA has presented a site plan to Plan Commission for review prior to conditional use permit application and the ZBA has approved prior Variances for this project. He is in favor of allowing the set back reduction. Director Robinson stated building setback is 50 feet. The Variance could be issued for 10 feet as requested. The code would allow the sign to be 17 ½ feet, which would be the setback if a Variance is not granted. Chairperson Polarski read the standards that must be taken into consideration when granting a Variance. Unnecessary Hardship - Which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome. R. Gilmour stated this is not a hardship. Unique Property Limitation - A unique physical characteristic of the property, not the desires of or condition personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance. T. Kevern stated that this is not a unique property limitation that meets the criteria for a Variance. Being new construction, there are no obstructions that would block the view of the sign. Administrator Schuetz added that with respect to the Hwy 26 bypass, the realignment of the bypass created a hardship with unique property limitations. Protection of the Public Interest - In granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. The board’s actions should be consistent with the objectives states in their local ordinance, which (in the case of a floodplains or shoreline ordinance) has been adopted to meet minimum state statutory requirements R. Gilmour stated this does not harm the public, but it does add value to public interest.  Additional Court-Established Principles - Violations by or variances granted to neighboring owners do not justify a variance. Variances attach to the property as a permanent right. Once a variance is granted, it is permanently attached to the property. A new owner of the property may make use of a variance that was granted to the previous owner if all of the conditions that are attached to the variance are met. R. Gilmour stated that variances have already been granted to this property. C. Schultz moved to grant a Variance for the City of Milton for a front yard setback of 10’ for a sign contingent upon approval by the Common Council for a Conditional Use Permit to allow for a variable message, community information sign. R. Gilmour seconded the motion. T. Kevern opposed. Motion fails due to a nonconcurring vote of four members of the board per Section 2-202 of the Code of Ordinances. Public hearing to consider a request from YMCA of Northern Rock County for a Variance to allow usage of B-2 zoning district maximum sign area/height and maximum number of signs for nonresidential uses. Chairperson Polarski opened the Public Hearing at 6:39 pm. Chris Fish presented the request for a Variance to allow usage of the B-2 zoning sign codes. The YMCA property is zoned A-2 and they are requesting a variance to allow them to exceed the A-2 zoning requirements for signs. They would like to have the size requirements and sign rules that match the B-2 zoning district. If the variance is approved, they would be allowed the B-2 sign rules as their requirements, which would allow them to have signs similar to the Piggly Wiggly building on Janesville Street. Chairperson Polarski closed the Public Hearing at 6:41 pm. Discussion and possible action regarding a request from YMCA of Northern Rock County for a Variance to allow usage of B-2 zoning district maximum sign area/height and maximum number of signs for nonresidential uses. Chairperson Polarski read the standards that must be taken into consideration when granting a Variance. Unnecessary Hardship - Which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome. Unique Property Limitation - A unique physical characteristic of the property, not the desires of or condition personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance. R. Gilmour stated the size of the property is unique as it is very large. Protection of the Public Interest - In granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. The board’s actions should be consistent with the objectives states in their local ordinance, which (in the case of a floodplains or shoreline ordinance) has been adopted to meet minimum state statutory requirements  Additional Court-Established Principles - Violations by or variances granted to neighboring owners do not justify a variance. Variances attach to the property as a permanent right. Once a variance is granted, it is permanently attached to the property. A new owner of the property may make use of a variance that was granted to the previous owner if all of the conditions that are attached to the variance are met. R. Gilmour moved to approve a Variance for YMCA of Northern Rock County to use B-2 zoning sign guidelines including maximum sign area/height and maximum number of signs for nonresidential uses. T. Kevern seconded the motion and carried. Public hearing to consider a request from Milton Storage LLC for a Variance to allow for a side yard setback reduction for property located at 385 Vincent Street. Chairperson Polarski opened the Public Hearing at 6:44 pm. Carla McKnight was present to review the request for a variance for a reduced side yard setback. Milton Storage LLC owns the storage buildings on Vincent Street and the former small engine machine shop. They would like to separate the former machine shop from the storage shed buildings, but one storage shed warehouse is on the machine shop property. With a variance this building could be placed on the same lot as the other storage warehouses. No zoning changes are required. Currently a 20 foot side yard setback is required in the industrial zoned areas, and Mr. McKnight is requesting a reduced side yard setback of approximately 14 feet. A survey will be done and submitted to Plan Commission if a variance is granted. This request is made to separate the business buildings from each other and onto similar lots. This does not interfere with street projects or future city plans, and adequate access to the rear of the properties would be maintained. Chairperson Polarski closed the Public Hearing at 6:53 pm. Discussion and possible action regarding a request from Milton Storage LLC for a Variance to allow for a side yard setback reduction for property located at 385 Vincent Street. T. Kevern would be comfortable granting a variance for buildings #6 (former machine shop) and #5 (storage shed) with 8 foot side yard setback. Director Robinson stated there is approximately 14-15 feet between the two buildings. The ZBA could grant a variance specifying the setback distance between the first designated building and the difference would be the setback distance from the second building. Chairperson Polarski read the standards that must be taken into consideration when granting a Variance. Unnecessary Hardship - Which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome. R. Gilmour stated the machine shop has been vacant to long which creates a hardship for the owner. Unique Property Limitation - A unique physical characteristic of the property, not the desires of or condition personal to the applicant, must prevent the applicant from developing in compliance with the zoning ordinance.  Protection of the Public Interest - In granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. The board’s actions should be consistent with the objectives states in their local ordinance, which (in the case of a floodplains or shoreline ordinance) has been adopted to meet minimum state statutory requirements Additional Court-Established Principles - Violations by or variances granted to neighboring owners do not justify a variance. Variances attach to the property as a permanent right. Once a variance is granted, it is permanently attached to the property. A new owner of the property may make use of a variance that was granted to the previous owner if all of the conditions that are attached to the variance are met. R. Gilmour moved to grant a Variance for Milton Storage for a side yard setback to be 8 feet from the former machine shop and 6 feet from the storage unit at 385 Vincent Street with a Certified Survey Map/Plat of Survey submitted to the Plan Commission for final approval. T. Kevern seconded the motion and carried. Motion to Adjourn the Zoning Board of Appeals meeting. C. Schultz moved to adjourn the Zoning Board of Appeals meeting at7:02 pm. R. Gilmour seconded the motion and carried Respectfully submitted Michelle Ebbert City Clerk  OFFICE OF THE CITY ADMINISTRATOR MEMORANDUM To: Zoning Board of Appeals Common Council From: Jerry Schuetz, City Administrator Subject: Agenda Review – July 11, 2013 Common Council Meeting Agenda Item #4 Public Hearing to consider a request received from Blackhawk Technical College, 15 Plumb Street for front yard, rear yard, corner lot and side yard setback reduction Submitting Staff Member: Howard Robinson, Director of Public Works Recommended Action: To conduct a Public Hearing for a Variance for setback reductions for the front and rear yard requirements for Blackhawk Technical College at 15 Plumb Street. . Description: Blackhawk Technical College has submitted a request for a Variance at their future campus at 15 Plumb Street. They are requested a Variance be granted for setback reductions to the front yard and rear yard. 78-785(5) Rear yard setback: 50 feet when adjoining a residential district. They would like to construct an infill building on the south side, or rear of the building. This building would match the current building line. This setback would be reduced from 50’ to between 4’ – 6’. This abuts a residential area south of the railroad right-of-way; therefore requiring the setback of 50’. The original building was constructed at the correct setback lines, at the time of construction. 78-785(4) Front yard setback: 30 feet. The front entry request would allow setback of 12’4” instead of 30 feet for construction of a new entry canopy. Plumb Street and the current parking lot are east of the front entrance. Neither of these requests adds access restrictions. The Public Works Department has not experienced any problems with utility access. This request does not interfere with City utilities or traffic situations. BTC has also requested a Conditional Use Permit and Site Plan Review. The Site Plan Review has been recommended for approval contingent upon granting a Variance for setback reductions. TRC has reviewed this Variance request and recommends approval. Attachments: Notice of Public Hearing Agenda Item #5 Discussion and possible action regarding a request from Blackhawk Technical College, 15 Plumb Street for front yard, rear yard, corner lot and side yard setback reduction. Submitting Staff Member: Howard Robinson, Director of Public Works 1 Recommended Action: To grant a Variance for Blackhawk Technical College for front yard and rear yard setback reductions. Description: See item description #4. Attachments: Application and Record for a Variance 2  NOTICE OF PUBLIC HEARING The City of Milton Zoning Board of Appeals will hold a public hearing on Thursday, July 11, 2013 at 6:00 p.m. in the Council Chambers, 430 E. High Street, to consider a request received from Blackhawk Technical College for a front yard, rear yard, corner lot and side yard setback reductions per section 78-785 of the City of Milton Code of Ordinances. This property is located at 15 Plumb Street. This property is zoned M-R (Manufacturing). Sec. 78-785 Area Requirements. (4) Front yard setback: 30 feet. (5) Rear yard setback: 40 feet. (6) Corner lot setback: 30 feet. (7) Side yard setback: 20 feet. All interested persons or their agents will be heard at said hearings after which final determinations will be made. This notice is given under Section 78 of the Municipal Code of Ordinances. James Polarski, Chairperson Request received in office: 06/11/2013 Published in The Milton Courier: 06/20/2013 Copies mailed to the following: 06/19/2013 ------------------------------------------------------------------------------------------------------------------- McGuire-Lasse LLP 400 Midland Court #101 Janesville WI 53546 Blackhawk Technical College PO Box 5009 Janesville WI 53547 ANGI Energy Systems 305 W. Delavan Drive Janesville WI 53563 Lucille Sunby 229 E. Madison Avenue Milton WI 53563 Stephen Tebeau 219 E. Madison Avenue Milton WI 53563 Kent Taylor 205 E. Madison Avenue Milton WI 53563 Greg Cisneros 4525 W. Rotamer Road Janesville WI 53546 Richard Forster 248 Larch Lane Milton WI 53563 Jerome Long 238 Larch Lane Milton WI 53563 Richard Perren 230 Larch Lane Milton WI 53563 Michael Ryder 220 Larch Lane Milton WI 53563 Edward Keane 137 Greenhill Circle Milton WI 53563 Kuhl Living Trust 145 Greenhill Circle Milton WI 53563 David Evans 153 Greenhill Circle Milton WI 53563 Stefanie Farrar 165 Greenhill Circle Milton WI 53563 Debra Nelson 175 Greenhill Circle Milton WI 53563 John Jones 183 Greenhill Circle Milton WI 53563 Bradley Martin 302 College Street Milton WI 53563 Briah Fahrney 308 College Street Milton WI 53563 Wayne Baum 3216 E. Green Street Milton WI 53563 Daniel Gregersen 319 E. Madison Avenue Milton WI 53563 Bradley Lutton 331 E. Madison Avenue Milton WI 53563 Jacqueline Studebaker 332 E. Madison Avenue Milton WI 53563 Dorothy Parr 314 E. Madison Avenue Milton WI 53563 Jody Cook 302 E. Madison Avenue Milton WI 53563 Jerry Hulburt 272 E. Madison Avenue Milton WI 53563 Carmen Hume 260 E. Madison Avenue Milton WI 53563 Gary Curler PO Box 957 Cherokee Village AR 72525 DGR Investments 238 E. Madison Avenue Milton WI 53563 Jared Loofboro 216 E. Madison Avenue Milton WI 53563 Franklin Precourt 208 E. Madison Avenue Milton WI 53563 Mayor, Brett Frazier Common Council Members City Administrator, Jerry Schuetz Ald Dave Adams City Attorney, Mark Schroeder Ald Nancy Lader City Clerk, Michelle Ebbert Ald Theresa Rusch Director of Public Works, Howard Robinson Ald Maxine Striegl Police Chief, Dan Layber Ald Don Vruwink City Assessor, Lee De Groot Ald Anissa Welch Plan Commission Members: Lynda Clark, Ethel Himmel, Nancy Lader, Dave Ostrowski, Howard Robinson and Maxine Striegl. Zoning Board of Appeals: Chair James Polarski, Roy Gilmour, Ken Holland, Carl Schultz, Thomas Kevern, Theron Dosch (Alt #1) and Vacant (Alt. #2) Individuals who are unable to attend the Public Hearing may submit comments to:  MAIL: Milton City Hall, 430 E. High Street, Milton WI 53563  E-MAIL: mebbert@milton-wi.gov or hrobinson@milton-wi.gov  PHONE: 868-6900  FAX: 868-6927  BLACKHAWK TECHNICAL COLLEGE ADVANCED MANUFACTURING TRAINING CENTER 15 PLUMB ST. MILTON, WI PROPERTY LINE EAST ---- MADIS --- O ---N A EN - -V ---U E -- 50' SETBACK B.S.L. 50 ' EXTG SETBACK PROPERTY LINE 50' SETBACK ENCROACHMENT ET RE- - ST- - - - 50' B.S.L. EXTG SETBACK ENCROACHMENT 50' SETBACK B.S.L. 50 ' 50' SETBACK 30' SETBACK MB ' . 30 50' PLU B.S.L -- 50' SETBACK B.S.L. - -- B.S.L. 50' B.S.L. 50' B.S.L. 50' B.S.L. 50' 50' SETBACK EXTG SETBACK ENCROACHMENT PROPERTY LINE FORMER C. M. ST. P. & P. RAILROAD 1 SETBACK ENCROACHMENT PLAN - EXISTING SB1 1" = 60'-0" TRUE PLAN NORTH NORTH  BLACKHAWK TECHNICAL COLLEGE ADVANCED MANUFACTURING TRAINING CENTER 15 PLUMB ST. MILTON, WI PROPERTY LINE EAST --- MADIS - - ----ON A APPROX. 10 -- -VENUE ---- - '-0" 50' SETBACK B.S.L. 50 ' EXTG SETBACK PROPERTY LINE 50' SETBACK ENCROACHMENT T EE- T R APPROX. 12'-4" S -- - -- 50' B.S.L. APPROX. 12'-0" EXTG SETBACK NEW ENTRY ENCROACHMENT CANOPY 50' SETBACK APPROX. 5-6" PROPOSED SETBACK B.S.L. 50 ' ENCROACHMENT 30' SETBACK 50' SETBACK MB ' . 30 50' PLU B.S.L B.S.L. - -- -- NEW STAIR/ B.S.L. 50' ELEVATOR NEW INFILL TOWER B.S.L. 50' BUILDING 108' - 6" APPROX. 46' - 0" EXTG SETBACK 50' SETBACK ENCROACHMENT EXTG SETBACK IN LINE W/EXTG PROPOSED SETBACK PROPERTY LINE ENCROACHMENT STRUCTURE ENCROACHMENT FORMER C. M. ST. P. & P. RAILROAD 1 SETBACK ENCROACHMENT PLAN - PROPOSED SB2 1" = 60'-0" TRUE PLAN NORTH NORTH