Zoning Board of Appeals

AGENDA City of Milton Zoning Board of Appeals August 1, 2017 5:30pm MILTON CITY HALL Conference Room 710 S. Janesville Street 1. Call Meeting To Order 2. Approval Of Meeting Minutes ~ December 1, 2016 Documents: ZONING BOARD OF APPEALS MINUTES 12-01-16.PDF 3. Discussion And Possible Action On A Setback Variance Request For A New Garage Structure Located At 219 Rogers Street. Documents: MEMO - 219 ROGERS STREET GARAGE SETBACK VARIANCE REQUEST.PDF VARIANCE APPLICATION - 219 ROGERS ST..PDF SITE PLAN - 219 ROGERS ST..PDF IMG_2749.PDF IMG_2748.PDF 219 ROGERS EASEMENT DOCUMENT.PDF NOTICE OF PUBLIC HEARING - 219 ROGERS STREET.PDF 4. 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 this meeting at the above mentioned 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 City Council will not take any formal action at this meeting. Posted by: Inga Cushman July 28, 2017 July 28, 2017  City of Milton Zoning Board of Appeals ~ Thursday, December 1, 2016 Call Meeting to Order Chairperson Polarski called the meeting to order at approximately 5:30 p.m. Present: Jim Polarski, Larry Laehn, Bruce Lippincott, Theron Dosch, Carl Schultz, and Ken Holland. Also present: Director of Public Works Howard Robinson and City Clerk Elena Hilby. Excused absence: Tom Kevern. Approve Agenda C. Schultz moved to approve the agenda. T. Dosch seconded, and the motion carried. Approve Minutes – August 2, 2016 L. Laehn moved to approve the minutes with one noted name correction. K. Holland seconded, and the motion carried. Public hearing to consider a request received from Casey’s Marketing Co. for a variance to allow a 15’x 40’ addition to their building. The request is to reduce the rear yard setback to 3’10” per section 78-684(5) of the City of Milton Code of Ordinances. Chairperson Polarski opened the public hearing at 5:31 p.m. DPW Director Robinson explained the situation and why a variance would be needed. DPW Director Robinson said there have been no objections. Jeffrey Iverson of 1402 Locust St, Sterling, IL spoke in support of the variance. Chairperson Polarski closed the public hearing at 5:52 p.m. Discussion and action regarding a request received from Casey’s Marketing Co. for a variance to allow a 15’x 40’ addition to their building. The request is to reduce the rear yard setback to 3’10” per section 78-684(5) of the City of Milton Code of Ordinances. Discussion among the group followed. Chairperson Lippincott read the standards that must be taken in consideration when granting or denying 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. They determined that strict conformity would be unnecessarily burdensome due to the shape of the lot. 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. They determined this property is unique by its shape. 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. There was no public opposition. 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. K. Holland moved to grant a variance to Casey’s Marketing Co., to allow a variance for a 15’ by 40’ building expansion and reduce the rear setback to 3’10” with a request that a protective vehicle barrier be installed on the far northwest corner of the building. C. Schultz seconded, and the motion carried with B. Lippincott in opposition. General Items None. Motion to Adjourn C. Schultz moved to adjourn the December 1, 2016 meeting at 6:00 p.m. T. Dosch seconded, and the motion carried. Respectfully submitted, Elena Hilby City Clerk  Public Works Department To: Zoning Board of Appeal From: Howard Robinson, Director of Public Works Date: August 1, 2017 Subject: Discussion and Possible Action on a Setback Variance Request for a New Garage Structure Located at 219 Rogers Street. Summary Brandon Garlock is requesting a variance to allow for the construction of a new garage on his property located at 219 Rogers Street. The property is currently zoned R3-Residential District. The property currently has a garage structure that was constructed across the adjoining property line by 5-feet. Mr. Garlock would like to remove this garage and construct a new 800 square foot garage located entirely within his property. The attached drawing indicates a 864-square foot garage, but Mr. Garlock has indicated that he will scale back the building to be 800-square feet. Ordinances require a 15-foot setback from the rear property line. However, Mr. Garlock is requesting a variance of the setback to 10-feet to allow for the construction of this new garage. The rear wall of the new garage will be in line with the existing rear wall of his existing residence. Approval of the variance will make and existing non-conforming use a conforming use due to the variance approval. Staff has spoken to the adjoining neighbor (Marilyn Meister) about this project. Attached is an easement document that shows the location of the existing garage as well as the documentation that calls for Mr. Garlock to restore the lawn after the existing garage is demolished and removed. Recommendation Staff recommends that an additional contingency be placed on any potential variance approval that further calls for Mr. Garlock to restore the green space after demolition has concluded. Additionally, the ZBA could add a contingency that the garage is not to exceed 800-square feet.  NOTICE OF PUBLIC HEARING The City of Milton Zoning Board of Appeals will hold a public hearing on Tuesday, August 1, 2017 at 5:30 p.m. in the City Hall Conference Room, 710 S. Janesville Street, to consider a request received from Brandon Garlock for a Variance to allow construction of a garage. The request is to reduce the allowable rear yard setback for R-3 and to allow a rear setback of 10 feet on the property per Section 78-404(5) of the City of Milton Code of Ordinances. This property is located at 219 Rogers Street, Milton, WI and is zoned R-3 (Residential). A map is available at City Hall that shows the location. Code of Ordinance: Sec. 78-404(5) Area requirements in the R-3 district for rear yard setback is 15 feet. All interested persons or their agents will be heard at said hearing after which a final determination will be made. This notice is given under Section 78 of the Municipal Code of Ordinances. Notice of Public Hearing is mailed to property owners within 250 feet of the subject property. The distance is measured from all corners of the subject property. Leanne Schroeder, City Clerk Request received in office: 07/05/2017 Published in the Milton Courier: 07/20/2017 Copies mailed to the following: 07/13/2017 ------------------------------------------------------------------------------------------------------------------ Ross & Pam Veitenheimer, 417 Greenman Street Fernando Razo & Alejandra Gamez Lopez, 414 College Street Black Iron Properties, P.O. Box 65 Thomas H. Ruszczyk, 408 College Street Jonathan C. Stanelle, 402 College Street Marilyn Meister, 352 College Street Christopher Arnold & Meghan A. Hunter, 345 Greenman Street John E. & Eloise M. Kath, 341 College Street Gregory S. Walters & Sean J. Walters, 222 Forest Lake Drive George E. & Grace E. Soergel, 335 Greenman Street Jeremy G. Parker, 346 College Street Brandon Garlock, 219 Rogers Street Zachary B. Bridges, 204 Rogers Street Milton L. Whitford, 305 Rogers Street Jonathon L. & Kristin Thomas, 313 Rogers Street Mark A. & Rose M. Conklin, 413 College Street David W. & Janice I. Schumacher, 101 N. Clear Lake Avenue Alex James Poad, 205 Rogers Street Michael Olsen, 403 College Street Mayor, Anissa Welch Common Council Members City Administrator, Al Hulick Ald Dave Adams City Attorney, Mark Schroeder Ald Lynda Clark City Clerk, Leanne Schroeder Ald Ryan Holbrook Director of Public Works, Howard Robinson Ald Larry Laehn Police Chief, Scott Marquardt Ald Theresa Rusch City Assessor, Paul Musser Ald Jeremy Zajac Zoning Board of Appeals Members: Theron Dosch Ken Holland Tom Kevern James Polarski Carl Schultz Bruce Lippincott Individuals who are unable to attend the Public Hearing may submit comments to:  MAIL: Milton City Hall, 710 South Janesville Street, Milton WI 53563  E-MAIL: lschroeder@milton-wi.gov or hrobinson@milton-wi.gov  PHONE: 868-6900  FAX: 868-6927