Board of Zoning Appeals

7725 W. North Avenue Wauwatosa, WI Wauwatosa, WI 53213 Board of Zoning Appeals Meeting Minutes - Final Thursday, April 25, 2024 6:00 PM Zoom Only: https://us02web.zoom.us/s/89325102239, Meeting ID: 893 2510 2239 Regular Meeting CALL TO ORDER Chairperson David Kern called the meeting to order at 6:01 PM. ROLL CALL Present 4 Member, Chair David Kern Member James Bittner Member Michael Mazmanian Member Patricia Stone Excused 1 Member Richard Brunner Board member Richard Brunner was on zoom call but did not respond . NEW BUSINESS 1. Request by Kelly Slaton, GLMV Architecture, for a side yard setback 24-0355 variance in the M1 District to construct an addition at 6242 W. State Street The applicant is requesting a variance to the side yard setback for an addition to an existing autobody shop located at 6242 W. State Street in the Light Industrial (M1) District. Background The applicant is requesting a variance to the side yard setback for a 2 ,670 square foot building addition to an existing autobody shop (Crash Champions) located at 6242 W . State Street in the Light Industrial (M1) District. City Code (WMC 24.04.030) requires a side yard setback of 10 feet, and the applicant is proposing a side yard setback of 2 feet. The addition is proposed at the north end (rear) of the building and has been designed to accommodate two (2) spray booths and additional work space. Currently, the existing building footprint does not meet the required side yard setback and the addition would extend the building north along the same wall line of the existing building (see attached site plan). With exception to the side yard setback, the proposal meets all required development standards including lot coverage and building height . The applicant has included with their proposal a discussion on how they meet the required variance findings in accordance with WMC 24.16.060.H. Art Pinon, Principal Planner, shared with the board what the addition would look like if they were to comply with the side yard setback. The addition area would fit in line with the setback that is already Page 1 of 3 Board of Zoning Appeals Meeting Minutes - Final April 25, 2024 established out there but more importantly the business would be able to operate how they want to in the back. Beau Jarvis, representative of GLMV Architecture 1525 E Douglas St Wichita KS 67211, provided reason for the variance request from the applicants point of view. Topics consisted of the existing setback, the negative impact of the jog from the addition to the building, and their reasoning regarding the four criteria for the variance. Staff verified adjoining property owners were notified regarding the request of variance and that staff did not receive any response or comments . The board member Jim Bittner asked staff the date when the building was built and if it was built before the ordinances established the setbacks . Art verified there is no record of a variance on the site and that it was built when the zoning code allowed for the building in that particular location. A question from board member Mike Mazmanian was brought up regarding the access easement being shared by both properties to access parking . Beau verified there were parked cars from Crash Champions and neighboring property, a dog grooming business, and allows access to the tenant space in the back half of the building. Mr. Bittner asked the applicant if they could shift the building 10 ft to the east and keep the width in order to fit 2 spray booths . Beau stated they could but would encroach the access easement by 10 ft, it would impact the dog grooming business and would restrict the access to the parking lot. Board Member Patricia Stone had a question regarding the parcel to the west, adjacent to the addition. Art verified it's parking for the business, Grede - Liberty, a large industrial operation. Mr. Bittner's motion will be an approval for the variance, that the applicant demonstrated to the Board . The Board considered all of the following, making the findings of each of these factors to apply in favor of grating the variance. 1. Exceptional circumstances do exist pertaining to this lot as the building was built prior to zoning ordinances and the existing building is non-conforming because of the setbacks was not in place at the time it was built. 2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity as building a conforming structure will encroach the access easement and present parking problems for neighboring properties . A uniform appearance is more appealing in that area and it fully utilizes the available footprint and eliminates potential dead space behind the property. 3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interest . The notice was sent out and the adjacent properties did not commented in favor or in opposition to the variance . 4. That the difficulty or hardship was not created by the property owner as the building proceeded the setback code It was moved and seconded (Bittner / Mazmanian) to approve the variance. Mr. Bittner amended his motion to Ms. Stones comment on the statement regarding the failure to respond despite receiving notices inherently in agreement to the proposed variance . Mr. Kern added that no one has appeared to object the request. The motion carried for the variance for 6242 W State Street to be approved. Mr. Kern added that under city ordinances they have one year to begin exercising their rights under the variance or may lose those rights. Art informed the board there will be no meeting in May as today was the deadline for BOZA item for May. RESULT: APPROVED MOVER: James Bittner SECONDER: Michael Mazmanian Aye: 4 Kern, Bittner, Mazmanian, and Stone Page 2 of 3 Board of Zoning Appeals Meeting Minutes - Final April 25, 2024 Excused: 1 Brunner ADJOURNMENT Motion to adjourn and seconded (Bittner / Stone). Meeting adjourned at 6:29 PM. Page 3 of 3