Zoning Board of Appeals

City of Milton Zoning Board of Appeals Thursday, August 8, 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. Introduction of New Members 3. Selection of Chairperson 4. Approve Agenda 5. Approve Minutes – July 11, 2013 6. Public hearing to consider a request received from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. 7. Discussion and action regarding a request from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. 8. General Items 9. 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 08/02/2013  City of Milton Zoning Board of Appeals ~ Thursday, July 11, 2013 Call Meeting to Order Chairperson Polarski called the meeting to order at 6:02 pm. Present: Chairperson Jim Polarski, Alt #1 Theron Dosch, Ken Holland and Tom Kevern, Also Present: Director of Public Works Howard Robinson and City Clerk Michelle Ebbert. Absent: Carl Schultz and Roy Gilmour. Approve Agenda T. Dosch moved to approve the agenda. K. Holland seconded the motion and carried. Approve Minutes – May 30, 2013 T. Kevern moved to approve the minutes. K. Holland seconded the motion and carried. 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. Chairperson Polarski opened the Public Hearing at 6:03 pm. Renea Ranguette, Blackhawk Technical College was present to discuss the Variance request. Michael Bahr, Plunkett Raysich provide site plan layouts reviewing existing setbacks versus the requested reductions. The request includes a front yard setback for a new entry canopy. The rear yard setback addresses the new infill building on the south end. The infill building is requested to be constructed to the same property line that exists with other current buildings also on the south end. Chairperson Polarski closed the Public Hearing at 6:14 pm. 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. Chairperson Polarski reviewed the standards must be met in order to grant 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. Chairperson Polarski stated that the existing entrance does not meet code for the technical college requirements. Unique Property Limitation – a unique physical characteristics of the property, not the desires of or condition personal to the applicant, must prevent the applicant from development in compliance with the zoning ordinance Chairperson Polarski stated that at the time of building construction, it met the setback requirements. T. Kevern stated that the entrance on the east side does exist with 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. Chairperson Polarski stated this request is advantageous to the Community. 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. T. Dosch moved to grant a variance to Blackhawk Technical College for front yard setback reduction and utilize the existing rear setback reductions as presented. K. Holland seconded the motion and carried. General Items Next meeting will be scheduled for August 8th at 6:00 pm. Motion to Adjourn K. Holland moved to adjourn the meeting at 6:22 pm. T. Dosch 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 – August 8, 2013 Common Council Meeting Agenda Item #4 Public Hearing to consider a request received from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. Submitting Staff Member: Howard Robinson, Director of Public Works Recommended Action: To conduct a Public Hearing for a Variance for Diane Sandee, 326 Vernal Avenue for a corner setback reduction. Description: Diane Sandee has submitted a Variance application for a corner setback reduction to allow for construction and replacement of a garage. Current code Sec. 78-404 requires a 25 foot corner setback. The rear dimension of her lot is only 43 feet, therefore not allowing the 25 foot setback from the lot line. She is requesting a setback variance of between 8-10 feet from the west lot line. If this lot was not a corner lot, they would meet regular ordinance setback requirements and therefore would not need a variance. This lot was established prior to the adoption of the current codes. The owners have not changed the lot lines. The Public Works Department does not anticipate any maintenance problems or vision problems from this request. As of August 1st, we have not received any negative comments or correspondence from the neighbors. Staff has reviewed this Variance request and recommends approval by the Zoning Board of Appeals. Attachments: Notice of Public Hearing. Agenda Item #5 Discussion and possible action regarding a request from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet. Submitting Staff Member: Howard Robinson, Director of Public Works Recommended Action: To grant a Variance for Diane Sandee, 326 Vernal Avenue for corner setback reductions of 8-10 feet to construct a new garage. Description: See item description #4. Attachments: Application and Record for a Variance. 1  NOTICE OF PUBLIC HEARING The City of Milton Zoning Board of Appeals will hold a public hearing on Thursday, August 8th, 2013 at 6:00 p.m. in the Council Chambers, 430 E. High Street, to consider a request received from Diane Sandee, 326 Vernal Avenue for a Variance for a corner setback reduction of 8-10 feet per section 78-404(6) of the City of Milton Code of Ordinances. This property is located at 326 Vernal Avenue. This property is zoned R-3 (Residential). Sec. 78-404. Area Requirements (6) Corner setback is 25 feet from all street lines. 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, Chairman Request received in office: 07/11/2013 Published in The Milton Courier: 07/25/2013 Notices mailed to the following: 07/25/2013 ------------------------------------------------------------------------------------------------------------------- Diane Sandee 326 Vernal Avenue Milton WI 53563 Occupant 106 Second Street Milton WI 53563 Heather Boston 320 Vernal Avenue Milton WI 53563 Richard Johnson 308 Vernal Avenue Milton WI 53563 Occupant 304 Vernal Avenue Milton WI 53563 Dennis Sitter 309 Vernal Avenue Milton WI 53563 Robert Bauman 315 Vernal Avenue Milton WI 53563 Robert Starks 321 Vernal Avenue Milton WI 53563 Richard Munger 215 Vernal Avenue Milton WI 53563 Robert Armstrong 335 Vernal Avenue Milton WI 53563 Beaumont Gilmore 405 Vernal Avenue Milton WI 53563 Henry Lukas 8749 N. Clear Lake Road Milton WI 53563 Occupant 409 Vernal Avenue Milton WI 53563 Occupant 411 Vernal Avenue Milton WI 53563 Michael Halverson 417 Vernal Avenue Milton WI 53563 John McCarthy 408 Vernal Avenue Milton WI 53563 William Brookhiser 616 Parkview Drive Milton WI 53563 Chad Williams 117 Second Street Milton WI 53563 Patricia Horkan 105 Second Street Milton WI 53563 John Maske 411 Crandall Street Milton WI 53563 Richard Donnelly 4324 Thruston Dermont Road Owensboro KY 42303 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 Zoning Board of Appeals: Chair James Polarski, Theron Dosch, Ken Holland, Thomas Kevern, Carl Schultz, Bruce Lippincott (Alt #1) and Larry Laehn (Alt. #2) Plan Commission Members: Lynda Clark, Ethel Himmel, Nancy Lader, Dave Ostrowski, Howard Robinson and Maxine Striegl. 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