Board of Appeals

CITY OF SHAWANO BOARD OF APPEALS AGENDA TUESDAY, MAY 13, 2025 4:00 PM SHAWANO CITY HALL, 127 S. SAWYER STREET, SHAWANO, WI TO JOIN BY ZOOM: https://us02web.zoom.us/j/85476915070?pwd=uypfpaKkfgpbkkDToJwZKKxvmuovCb.1 MEETING ID: 854 7691 5070 PASSCODE: 369351 1) CALL TO ORDER 2) ROLL CALL OF MEMBERS 3) PLEDGE OF ALLEGIANCE 4) APPROVAL OF AGENDA 5) APPROVAL OF PRIOR BOARD OF APPEALS MEETING MINUTES 6) PUBLIC COMMENT If anyone is present and wishes to speak during public comment, they shall state their name and address for the record. Public comment participants shall be limited to 3 minutes of time to speak/present. Please note that Committee/Commission members do not engage with participants during this portion of the meeting. 7) PUBLIC HEARING Appeal of Shawano Recreation Center (City of Shawano) for the reversal of the decision of the Building Inspector denying permission to meet minimum parking at 220 E. Division Street in Shawano, WI for the reason the proposed addition would violate Section 10-57(1)(b)(3) of the Shawano Municipal Code. Appellant is requesting a variance to 48 parking stalls, where a 64 stalls are the minimum requirement. Property is located in the Urban Mixed Use (UMU) zoning district. 8) CLOSE PUBLIC HEARING 9) ACT ON PUBLIC HEARING FOR SHAWANO RECREATION CENTER (CITY OF SHAWANO) FOR THE REVERSAL OF THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO MEET MINIMUM PARKING AT 220 E. DIVISION STREET IN SHAWANO, WI AS STATED ABOVE Page 1 of 24 10) ADJOURNMENT DISABLED ACCESSIBLE (Contact City Clerk prior to meeting if require additional services.) It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. OPEN MEETING LAW COMPLIANCE This agenda was posted in 3 public places (City Hall, Premier Community Bank and the Shawano Library) as well as sent to local news media. Therefore, all laws regarding posting of agendas for open meeting law compliance have been met. Page 2 of 24  BOARD OF APPEALS MINUTES March 24, 2025 4:00 PM Shawano City Hall, 127 S. Sawyer Street, Shawano, WI CALL TO ORDER • The Board of Appeals meeting was called to order at 4:00 PM on Monday, March 24, 2025 by Lana Prickette. PLEDGE OF ALLEGIANCE ROLL CALL • Roll Call showed members present: Lana Prickette, Randy Young, Jerry Buhrandt, and Shirley Hinze (1st Alternate). • Also present: City Administrator Eddie Sheppard, Zoning & Planning Administrator Dave Moesch, Tim Voss and Lisa Hughes. APPROVAL OF AUGUST 25, 2022 BOARD OF APPEALS MINUTES • Motion by Young to approve the August 25, 2022 Board of Appeals minutes, seconded by Hinze. Motion carried by Voice Vote. PUBLIC HEARING: Appeal of Ardex All American Mineral Company, Inc. for the reversal of the decision of the Building Inspector denying permission to create a non-conforming lot at 120 E. Richmond Street in Shawano, WI for the reason the proposed new lot would violate Section 10-39 of the Shawano Municipal Code. Appellant is requesting a variance to create a 4,950 sq. ft. lot, where a 20,000 sq. ft. is the minimum requirement. Property is located in the Light Industrial (LI) zoning district. • Lisa Hughes and Tim Voss explained the reason for the requested variance. CLOSE PUBLIC HEARING • Hearing no comments, motion by Hinze to close public hearing, seconded by Buhrandt. Motion carried by Voice Vote. ACT ON PUBLIC HEARING FOR ARDEX ALL AMERICAN MINERAL COMPANY, INC. FOR THE REVERSAL OF THE DECISION OF THE BUILDING INSPECTOR DENYING PERMISSION TO CREATE A NON-CONFORMING LOT AT 120 E. RICHMOND ST., SHAWANO, WI AS STATED ABOVE • Motion by Prickette to grant the variance for Ardex All American Mineral Company, Inc. to create a non- conforming lot at 120 E. Richmond St., Shawano, WI, seconded by Young. Motion carried by Voice Vote. ADJOURN • Motion by Young to adjourn, seconded by Hinze. Motion carried by Voice Vote. Meeting adjourned at 4:17 PM. Respectfully submitted, Eddie Sheppard, City Administrator Page 1 of 1 Page 3 of 24  VARIANCE APPLI CA TI 0N City of Shawano Zoning Board of Adjustments/Appeals Part 1: General information and alternatives analysis To be completedjointly by the applicant and zoning stqff. Petition # — Date ?led $200.00 fee p aid (Pa y able to: CitY of Shawano) Owner/Agency Contractor Name' Shawano Recreation Center 8Pine Address: 220 E. Division Street 101 N Main Street Shawano, Wisconsin Shawano, Wisconsin Phone: (715)526-6171 715) 574-8708 Legal description: CITY OF SHAWANO SAWYER ANDANDREWS PLAT LOT 22 EX w 3' OF N 5575' ANDN 46‘ 45' OF E 41' OF LOT 17 AND LOTS 2-3-4-5-6 ALLBLK 35 Tax Parcel number: 28]— 751003130 Lot area & dimensions: 77,407 sq. ft., x ft. - Zoning district: UMU Urban Mixed Use Current use and improvements: The project is the remodeling and addition to the existing 12,066 square foot Shawano Recreation Center. When completed, the Recreation Center will total 17,711 square feet in size with new and upgrade amenities. Description of any prior petition for appeal, variance or conditional use: None Description and location of all nonconforming structures and uses on the property: None - - Current Section 10-57 by required site Section design showing is10-57. InstitutionalBoth Land parking calculations Uses: for 46 Current plusand for parking, future 2 ADA gross stalls building a deficit Parking and do 18 of usesarea building not allow occupant for theload, Stalls. compliance parking requires for parking for as 64. Page 4 of 24  Describe the variance requested: Request that on-street parking be considered for the additional parking. From observations, the 46 parking stalls would be adequate with how current classes are scheduled and that some members currently walk to the Rec Center. Based on the parking calculations, the 46 parking stalls would provide a total of 184 occupants. Type of variance requested: X use variance ~ permits a landowner to put a property to an otherwise prohibited use. — area variance provides an increment of relief (normally small) from a physical dimensional restriction such as a building height or setback. Describe the effects on the property if the variance is not granted: Not granting the requested variance would greatly limit the Shawano Recreations Centers long term goals of improving recreational and education resources for the community. Alternatives Describe alternatives to your proposal such as other locations, designs and construction techniques. Attach a site map showing alternatives you considered in each category below. a. Alternatives you considered that comply with existing standards. If you ?nd such an alternative, you can move forward with this option with a regular permit. If you reject compliant alternatives, provide the reasons you rejected them. None b. Alternatives you considered that require a lesser variance and reasons you rejected them. If you reject such alternatives, provide the reasons you rejected them. None Page 5 of 24  Part 2. Three-Step Test To qualify for a variance, the applicant must demonstrate that their property meets ALL of the following three requirements. 1) Unigue progerg limitations (To be completed by the applicant) Unique physical limitations of the property such as steep slopes or wetlands that are not generally shared by other properties must prevent compliance with ordinance requirements. The circumstances of an applicant (growing family, need for a larger garage, etc.) are not a factor in deciding variances. Nearby ordinance violations, prior variances or lack of objections from neighbors do not provide a basis for granting a variance. Property limitations that prevent ordinance compliance and are common to a number of properties should be addressed by amending the ordinance. Do unique physical characteristics of your property prevent compliance with the ordinance? Yes. Where are they located on your property? Please show the boundaries of these features on the site map that you used to describe alternatives you considered. - No. A variance cannot be granted. 2) No Harm to Public Interests (To be completed by zoning sta?? A variance may not be granted which results in harm to public interests. In applying this test, the zoning board must consider the impacts of the proposal and the cumulative impacts of similar projects on the interests of the neighbors, the entire community and the general public. These interests are listed as objectives in the purpose statement of an ordinance and may include: I Public health, safety and welfare I Water quality I Fish and wildlife habitat I Natural scenic beauty I Minimization of property damages I Provision of efficient public facilities and utilities I Achievement of eventual compliance for nonconforming uses, structures and lots I Any other public interest issues Ordinance purpose: Page 6 of 24  Analysis of Impacts Discuss impacts that would result if the variance was granted. For each impact, describe potential mitigation measures and the extent to which they reduce project impact (completely, somewhat, or minor). Mitigation measures must address each impact with reasonable assurance that it will be reduced to an insigni?cant level in the short term, long term and cumulatively. Short term impacts: (through the completion of construction) Impact: Mitigation: Extent to which mitigation reduces project impact: Impact: Mitigation: Extent to which mitigation reduces project impact: Long term impacts: (after construction is completed) Impact: Mitigation: Extent to which mitigation reduces project impact: Impact: Mitigation: Extent to which mitigation reduces project impact: Cumulative impacts: (What would happen if a similar variance request was granted for many properties?) Impact: Mitigation: Extent to which mitigation reduces project impact: Impact: Page 7 of 24 Extent to which mitigation reduces project impact:  Will granting the variance harm the public interest? Yes. A variance cannot be granted. No. Mitigation measures described above will be implemented to protect the public interest. 3) Unnecessa? hardship ( To be completed by the applicant) An applicant may not claim unnecessary hardship because of conditions which are self- imposed or created by a prior owner (for example, excavating a pond on a vacant lot and then arguing that there is no suitable location for a home). Courts have also determined that economic or ?nancial hardship does not justify a variance. When determining whether unnecessary hardship exists, the property as a whole is considered rather than a portion of the parcel. The property owner bears the burden of proving unnecessary hardship. For an m variance, unnecessary hardship exists when compliance would unreasonably prevent the owner from using the property for a permitted purpose (leaving the property owner without any use that is permitted for the property) or would render conformity with such restrictions unnecessarily burdensome. The board of adjustment must consider the purpose of the zoning restriction, the zoning restriction’s effect on the property, and the short-term, long—termand cumulative effects of a variance on the neighborhood, the community and on the public interests. This standard re?ects the new Ziervoge/ and Waushara County decisions. For a w variance, unnecessary hardship exists only if the property owner shows that they would have no reasonable use of the property without a variance. Note: While Wisconsin Statutes do not speci?cally prohibit use variances, there are a number of practical reasons why they are not advisable: Unnecessarv hardship must be established in order to qualify for a variance. This means that without the variance, no reasonable use can be made of the property. Many applications for use variances are in fact administrative appeals. Often the zoning board is asked to determine whether a proposed use is included within the meaning of a particular permitted or conditional use or whether it is suf?ciently distinct as to exclude it from the ordinance language. Such a decision is not a use variance but an appeal of the administrator’s interpretation of the ordinance text. Zoning amendments are a more comprehensive approach than use variances. Elected of?cials consider the larger land area to avoid piecemeal decisions that may lead to conflict between adjacent incompatible uses or may undermine land use plan and ordinance objectives. Towns have meaningful input (veto power) for zoning amendments to general zoning ordinances. 0 Zoning map amendments can change zoning district boundaries so as to allow 0 Zoning texteach allowed in amendments zoning district, can add (or delete) permitted or conditional uses Page 8 of 24  ls unnecessary hardship present? Yes. Describe. - No. A variance cannot be granted. Part 3: Construction Plans To be completed and submitted by the applicant. Attach construction plans detailing: Property lines Vegetation removal proposed Contour lines (2 ft. interval) Ordinary high water mark Floodplain & wetland boundaries Dimensions, locations & setbacks of existing & proposed structures Utilities, roadways and easements Well and sanitary system Location and extent of ?lling/grading Location and type of erosion control measures Any other construction related to your request Anticipated project start date I certify that the information I have provided in this application is true and accurate. Signed: (Applicant/Agent/Owner) Print name. David E. Lintz, AIA, NCARB (Architect) 04/16/2025 Page 9 of 24 Remit to: 127 Attn: Shawano S. 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