Zoning Board of Appeals

AGENDA City of Milton Zoning Board of Appeals Wednesday September 10, 2014 6:00 p.m. MILTON CITY HALL Council Chambers, 710 S. Janesville Street Note: Please contact City Hall at 868-6900 if you are unable to attend to ensure that we have a quorum. 1. Call Meeting to Order 2. Approve Agenda 3. Approve Minutes – May 1, 2014 4. Public hearing to consider a request received from Russell Grover and Timothy Rubitsky for a Variance to allow for a side yard setback reduction at 329 S. John Paul Road. 5. Discussion and action regarding a request from Russell Grover and Timothy Rubitsky for a Variance to allow for a side yard setback reduction at 329 S. John Paul Road. 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, 710 S. Janesville 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 09/05/14  City of Milton Zoning Board of Appeals ~ May 1, 2014 Call Meeting to Order Chairperson Polarski called the meeting to order at 6:00 p.m. Present: Chairperson Jim Polarski, Ken Holland, Tom Kevern, Theron Dosch, and Carl Schultz. Also present: City Clerk Michelle Ebbert. Excused absence: Larry Laehn and Director of Public Works Howard Robinson. Approve Agenda Dosch moved to approve the agenda. Schultz seconded the motion and carried. Approve Minutes – March 27, 2014 Schultz moved to approve the minutes. Holland seconded the motion and carried. Public hearing to consider a request received from Stanley Kresal, 328 Davis Street, for a Variance to allow for a reduction of rear yard setback requirements for construction of a deck. Chairperson Polarski opened the public hearing at 6:01 p.m. Stan Kresal was present to discuss his request for a rear yard setback reduction. The existing house is 21 feet from the rear yard property line, therefore not meeting the minimum setback. If a variance is requested, a minimum of 3 feet is needed from the property line to the edge of the proposed deck. The maximum depth would be approximately 18 feet deep. Neighbors on the east, west, and north side have provided written notice indicating they have no problems with the planned change - owners of 349 Rogers Street, 357 Rogers Street, and 322 Davis Street. Kevern discussed concerns for rear access of emergency vehicles with the request leaving only 3 feet from the edge of the deck to the edge of the property line. The Board discussed access points and the current location of a shed on the owners’ property. There was discussion on the setback of 3 feet remaining if the variance was approved as requested. Chairperson Polarski closed the public hearing at 6:17 p.m. Discussion and action regarding a request from Stanley Kresal, 328 Davis Street, for a Variance to allow for a reduction of rear yard setback requirements for construction of a deck. Chairperson Polarski read the standards that must be met before a variance can be granted or denied. Kevern discussed having a 5 foot setback from the rear property line. Dosch stated as the lot behind the property is vacant; he does not have concern for the 3 foot remaining setback. Chairperson Polarski confirmed the adjacent property owners were not opposed to the request and provided a signed statement stating the lack of negative comment. 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. The Board further discussed the unique shape of the lot and the consideration for the size of the lot in respect to the existing setbacks. The neighborhood in discussion exists with unique shaped lots. 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 development in compliance with the zoning ordinance. The unique shape was confirmed. 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. Neighboring property owners expressed support for the request. 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. Dosch moved to grant the variance to Stanley Kresal for a rear yard setback reduction 3 feet from the edge of the deck to the property line. Holland seconded the motion and the motion carried with a 4-1 vote in favor. General Items Next meeting will be May 22nd. Motion to Adjourn Holland moved to adjourn the meeting at 6:30 p.m. Dosch seconded the motion and carried. Respectfully submitted, Michelle Ebbert City Clerk  Office of the Public Works Director To: Zoning Board of Appeals From: Howard Robinson, Director of Public Works Date: September 4, 2014 Cc: Mayor Frazier, Common Council Members Subject: Variance – Russell Grover, 329 S. John Paul Road Russell Grover has applied for a Variance at this business, The Meat Market located at 329 S. John Paul Road. Mr. Grover was issued a Conditional Use Permit to operate a meat/butcher shop at this location. His original Site Plan was approved by Plan Commission that would allow Mr. Grover to operate a butcher shop throughout the year and also transition to venison processing for the fall season. An Amendment to his Site Plan will be reviewed at the Plan Commission meeting scheduled for September 9th. Mr. Grover has since decided this business would be better served offering the butcher shop all year long and implementing the venison processing in a separate cooler or area of the property. Mr. Grover is requesting a side yard setback reduction to allow for the placement of coolers in the rear of the existing building. Currently, a door is on the backside of the building that is offset from the center and therefore requires the placement of the cooler to be closer to the lot line. This door is to be unblocked and therefore creates a hardship for cooler placement. The lot is an odd shaped lot that is only 55’ wide in the front. The building currently exists as non-conforming. Current setback requirement on a side yard adjacent to a residential district is 50 feet. The south side of the property is adjacent to a business zoned property, the north side is adjacent to a residential zoned property. The variance request is for the south side. The request is for a reduction to allow a setback of 7 feet from the lot line, instead of the required 50 feet. Staff Recommendation To grant a Variance to Russell Grover, The Meat Market 329 S. John Paul Road for a side yard setback reduction from 50 feet to 7 feet to allow for placement of coolers to operate his butcher shop and process venison. Attachments Notice of Public Hearing Application for a Variance Site Plan Materials  NOTICE OF PUBLIC HEARING The City of Milton Zoning Board of Appeals will hold a public hearing on Wednesday, September 10, 2014 at 6:00 p.m. at 710 S. Janesville Street to consider a request received from Tim Rubitsky and Russ Grover for a Variance for a side yard setback reduction per section 78- 684 of the City of Milton Code of Ordinances. This property is located at 329 S. John Paul Road. This property is zoned B-2 (Business). Code of Ordinance: Sec. 78-684. Area Requirements (7) Side yard setback: 20 feet. (50 feet when adjoining a residential district). Know the Code: B-2 zoning requires a side yard setback of 20 feet from the property line or 50 feet when adjoining a residential district. This request is to allow a side yard setback reduction to 7 feet instead of 50 feet from the property line as this property has a residential district directly to the north. 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: 08/06/2014 Published in The Milton Courier: 08/21/2014 Notices mailed to the following: 08/25/2014 -------------------------------------------------------------------------------------------------------- Tim Rubitsky 317 Golden Lane Milton WI 53563 Russell Grover 8201 N. Oak Ridge Drive Milton WI 53563 Richard Kraus N8039 State Road 89 Whitewater WI 53190 Creative Beginnings Preschool 347 S. John Paul Road Milton WI 53563 Henry Lukas 8749 N. Clear Lake Road Milton WI 53563 Stemm Real Estate 731 Amy Belle Lake Road Hubertus WI 53033 Dollar General 383 S. John Paul Road Milton WI 53563 Milton Masters LLC 6430 Bridge Road #230 Madison WI 53713 Richard Troon 137 Romar Drive Milton WI 53563 Rick Olmstead 378 S. John Paul Road Milton WI 53563 Jeff McCulloch 364 S. John Paul Road Milton WI 53563 Dan Olin 342 S. John Paul Road Milton WI 53563 Herb Kunkel 338 S. John Paul Road Milton WI 53563 Al Spinhirne 324 S John Paul Road Milton WI 53563 Shelley Nofsinger 26 E. St. Mary Street Milton WI 53563 Emily Smith 210 S. John Paul Road Milton WI 53563 Darand & Therese Borneman 204 S. John Paul Road Milton WI 53563 Milton Enterprises 8303 N. Birdie Street Milton WI 53563 Dale Pierce 216 Golden Lane Milton WI 53563 Amin Shaikh 9340 N Serns Road Milton WI 53563 Brian Baker 311 Golden Lane Milton WI 53563 Richard Holtz 217 Golden Lane Milton WI 53563 Trevor Wyro 4411 Tanglewood Drive Janesville WI 53546 Occupant 305 S. John Paul Road Milton WI 53563 Occupant 205 Golden Lane Milton WI 53563 Occupant 315 S. John Paul Road Milton WI 53563 Richard Donahue 3735 Skyview Drive Janesville WI 53546 Occupant 323 S. John Paul Road Milton WI 53563 Mayor, Brett Frazier Common Council Members City Administrator Ald Dave Adams City Attorney, Mark Schroeder Ald Lynda Clark City Clerk, Michelle Ebbert Ald Nancy Lader Director of Public Works, Howard Robinson Ald Theresa Rusch 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, 710 S. Janesville Street, Milton WI 53563  E-MAIL: mebbert@milton-wi.gov or hrobinson@milton-wi.gov  PHONE: 868-6900  FAX: 868-6927