Heritage District Design Committee

NOTICE OF PUBLIC MEETING Village of Waterford Heritage District Design Committee Wednesday, August 19, 2015 4:00 p.m. The Heritage District Design Committee will meet at 4:00 p.m. on Wednesday, August 19, 2015 in the Village Hall, 123 N. River Street, Waterford, WI. Call to Order Reading of the Minutes – 1. Review and act on July 15, 2015 minutes. Old Business New Business 2. Review and provide recommendation to the Board of Appeals on the zoning variance request for Parcel 191041936099000 also known as 203 N Milwaukee Street is not within the Heritage Overlay District. a. The HDDC is charged with the following duty: • 245-27F(6) Other duties. The Heritage District Design Committee shall make recommendations to the Village's Board of Appeals on all appeals and applications to the Board of Appeals regarding errors, variances, and interpretations relating to the Heritage Overlay District. Said recommendation to the Board of Appeals shall be made by the Heritage District Design Committee within 30 days of such request. The Committee shall perform such other tasks as may be assigned by the Village Board or Village Plan Commission. • This specific property should be reviewed, along with the purpose of the district and the purpose of the guidelines as set forth in 245-27. The fact that the district line shows such a minimal entry onto the property should be considered. While the HDDC has the duty to make recommendations to the BOA, it does not have the final say in the interpretation of the boundary line. It must, however, make a recommendation to the BOA on this property. Please read the attached Code of Waterford Ordinance enclosed. b. Background Information • The property is located just outside the downtown area and on a commercial thoroughfare. The border of the Heritage Overlay District appears to just touch the right of way of the property. • At its meeting on July 16, 2014, the Heritage District Design Committee, without reference to a specific property, voted to use the following definition: “If any portion of a parcel lies within the Heritage District, the entire parcel is subject to the Heritage District Design Guidelines.” • The request stated in the appeal for this property includes both a Zoning district boundary dispute and a request for a variance to allow this parcel to be considered outside the Heritage District. 1  • Under s. 245-54 of the Code, s. D(6)(d), the Board of Appeals has the power to interpret the provisions of the zoning chapter “in such a way as to carry out the intent and purpose of the plan as shown on the District Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on such map.” • The Heritage Overlay District was created in 2003, long before the Design Guidelines were created and adopted. The purpose of the District is stated as:  245-27A. Purpose. It is recognized that lands laid out and buildings erected prior to the enactment of subdivision and zoning ordinances in the Village, while their existing uses and lot sizes are grandfathered, may contain buildings which, because of their history or architecture, may be suitable for purposes falling outside of existing allowed uses. In addition, the improvements existing in this area rarely conform to current, modern setbacks or yard area requirements, and the enforcement of these requirements may not preserve the character of the area. This zoning classification is intended to allow flexibility in allowing the use and, for certain uses, the site plan of a property which may not precisely conform to the uses and site layouts permitted in the underlying district, but which, because of the lot layout, building history or architecture, or other valid reason, may be suitable for an alternate use or site plan layout.  The purpose of the Heritage District Guidelines is set forth as follows: 234-27E(2). Purpose of Design Guidelines. The Heritage District Guidelines are intended to improve and protect the appearance, value, and function of downtown properties in the Waterford Heritage Overlay District by providing a welcoming atmosphere for area residents and visitors. The Guidelines allow for creativity and variety within a framework of basic design parameters that reinforce the best attributes of the historic downtown district.  When making its decisions, the Board of Appeals must review the purpose of the chapter and determine whether declaring this property to be within the District meets the stated goals of the Code. Is it a historic downtown property that should be included in the guidelines, or is it part of the more modern business district along North Milwaukee Street?  Under s. 245-54D(6)(b) and (d), the Board of Appeals must interpret the map to determine whether the Heritage Overlay District includes the entirety of the property just because it touches just one corner of the property, bearing in mind that s. 245- 54D(6)(b) provides that a permit for the extension of a district boundary where the boundary divides a lot in single ownership may not be granted if the line is extended for more than 35 feet.  If the Board determines that the entire property is included in the Overlay District, the Board may determine whether a variance should be granted under the provisions of s. 245-54D(4) because an unnecessary hardship or practical difficulty would be created by the literal application of the guidelines. The minutes must show the particular and specific respect the determination is based on. c. A copy of the Heritage Overlay District Ordinance, the Board of Appeals Ordinance, and the 2  Heritage Overlay District map are included in the packet.  The Committee is requested to provide a recommendation to the Board of Appeals on the parcel’s zoning classification. 3. The Heritage District Design Committee recommended the Village Board to approve $20,000 recapitalization of the Curb Appeal Grant fund as the current balance of available funds to grant is $10,217.36. About $50,000 has been granted to 19 properties in the Village (14 located in the Heritage District) with an average allocation of funds per property of $2,620. At the July 27, 2015 Village Board meeting, Houston motioned and Kluth seconded to approve the recapitalization of the Curb Appeal Grant fund with a $20,000 allocation as requested by the Heritage District Design Committee. Motion carried.  This is informational only. 4. At their August 10, 2015 Board Meeting, a motion made by Houston, seconded by Schneider to recommend revising the Heritage Overlay District Ordinance to indicate that if any part of the main structure is within the Heritage Overlay District Radius, it is within the district. Motion carried. The Heritage District Design Committee is to discuss and better define the border of the Heritage District Overlay Map as recommended by the Village Board. This revised definition will then go before the Plan Commission for review and recommend to the Board to approve.  Review and provide recommendation on clearer definition of inclusion within the Heritage Overlay District to the Plan Commission. Adjournment Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and service. For additional information or to request this service contact the Clerk's Office at 534-3980. Don Houston, Chairman Posted: August 14, 2015 12:00 p.m. 3  plan as shown on the District Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on such map.” • The Heritage Overlay District was created in 2003, long before the Design Guidelines were created and adopted. The purpose of the District is stated as:  245-27A. Purpose. It is recognized that lands laid out and buildings erected prior to the enactment of subdivision and zoning ordinances in the Village, while their existing uses and lot sizes are grandfathered, may contain buildings which, because of their history or architecture, may be suitable for purposes falling outside of existing allowed uses. In addition, the improvements existing in this area rarely conform to current, modern setbacks or yard area requirements, and the enforcement of these requirements may not preserve the character of the area. This zoning classification is intended to allow flexibility in allowing the use and, for certain uses, the site plan of a property which may not precisely conform to the uses and site layouts permitted in the underlying district, but which, because of the lot layout, building history or architecture, or other valid reason, may be suitable for an alternate use or site plan layout.  The purpose of the Heritage District Guidelines is set forth as follows: 234-27E(2). Purpose of Design Guidelines. The Heritage District Guidelines are intended to improve and protect the appearance, value, and function of downtown properties in the Waterford Heritage Overlay District by providing a welcoming atmosphere for area residents and visitors. The Guidelines allow for creativity and variety within a framework of basic design parameters that reinforce the best attributes of the historic downtown district.  When making its decisions, the Board of Appeals must review the purpose of the chapter and determine whether declaring this property to be within the District meets the stated goals of the Code. Is it a historic downtown property that should be included in the guidelines, or is it part of the more modern business district along North Milwaukee Street?  Under s. 245-54D(6)(b) and (d), the Board of Appeals must interpret the map to determine whether the Heritage Overlay District includes the entirety of the property just because it touches just one corner of the property, bearing in mind that s. 245- 54D(6)(b) provides that a permit for the extension of a district boundary where the boundary divides a lot in single ownership may not be granted if the line is extended for more than 35 feet.  If the Board determines that the entire property is included in the Overlay District, the Board may determine whether a variance should be granted under the provisions of s. 245-54D(4) because an unnecessary hardship or practical difficulty would be created by the literal application of the guidelines. The minutes must show the particular and specific respect the determination is based on. c. A copy of the Heritage Overlay District Ordinance, the Board of Appeals Ordinance, and the Heritage Overlay District map are included in the packet. 4   The Committee is requested to provide a recommendation to the Board of Appeals on the parcel’s zoning classification. 3. The Heritage District Design Committee recommended the Village Board to approve $20,000 recapitalization of the Curb Appeal Grant fund as the current balance of available funds to grant is $10,217.36. About $50,000 has been granted to 19 properties in the Village (14 located in the Heritage District) with an average allocation of funds per property of $2,620. At the July 27, 2015 Village Board meeting, Houston motioned and Kluth seconded to approve the recapitalization of the Curb Appeal Grant fund with a $20,000 allocation as requested by the Heritage District Design Committee. Motion carried.  This is informational only. 4. At their August 10, 2015 Board Meeting, a motion made by Houston, seconded by Schneider to recommend revising the Heritage Overlay District Ordinance to indicate that if any part of the main structure is within the Heritage Overlay District Radius, it is within the district. Motion carried. The Heritage District Design Committee is to discuss and better define the border of the Heritage District Overlay Map as recommended by the Village Board. This revised definition will then go before the Plan Commission for review and recommend to the Board to approve.  Review and provide recommendation on clearer definition of inclusion within the Heritage Overlay District to the Plan Commission. Adjournment Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and service. For additional information or to request this service contact the Clerk's Office at 534-3980. Don Houston, Chairman Posted: August 14, 2015 12:00 p.m. 5 6 7  40’ 40’ 40’ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23