Board of Adjustment
Regular MeetingWinona, MN · August 5, 2020
Minutes
BOARD OF ADJUSTMENT
Regular Meeting
DATE: August 5, 2020
TIME: 5: 00 p. m.
PLACE: Zoom Online Meeting
PRESENT: Breza, Murphy, Conway, Kouba, Krofchalk, Sanchez
ABSENT: Buege
STAFF: Carlos Espinosa, City Planner
Chairman Sanchez called the meeting to order at 5: 00 p. m.
1St
The minutes from the Board' s July meeting were approved unanimously upon
motion by Conway and second by Breza.
Petition No. 20- 22- V G & R Rentals, LLC
Chairman Sanchez opened the public hearing and read the petition:
G& R Rentals, LLC - City Code Section 43. 02. 24 Table 43- 4 Site
Dimension Standards: Which requires 12 foot ( 12') side yard setbacks and
40 foot ( 40') rear yard setbacks. Applicant is proposing converting an
existing duplex into a triplex which will be roughly zero feet ( 0') from the
easterly side lot line and roughly 28 feet ( 28') from the northern rear lot
line.
Also, 43. 02. 23 Table 43- 3 Lot Dimension Standards: Which requires 9, 000
square feet of lot area for a triplex in the R- 2 Zoning District. Applicant is
proposing converting an existing duplex situated on a roughly 4, 800
square foot lot into a triplex.
Also, 43. 03. 22 Table 43- 17: Which requires two parking spaces per
dwelling unit. The site as currently situated can provide three parking
spaces. Applicant is proposing a triplex which requires six parking spaces.
Property is described as R- 2 zoning, Sect- 26, Twp- 107, Range- 007,
HAMILTON ADDITION, Lot- 007, BLANK BLKS 95', or at 652 East Third
Street.
Chairman Sanchez stated that he would be abstaining from the discussion since
he had recently sold the subject property to the applicants.
The applicants from G & R Rentals, LLC addressed the Board. They noted that
is units even through it is only for
the existing up for three
structure set certified
BOARD OF ADJUSTMENT MINUTES
August 5, 2020
PAGE 2
two. The proposal would be to add another unit in the lower level. Although the
property is currently certified for 10 unrelated people, they are only seeking the
property to be certified for 8. All of the changes would be made within the
existing structure.
Next, Chairman Sanchez opened the public hearing.
Staff ( Mr. Espinosa) noted that he had received a comment from the property
owner at 656 E. 3rd Street stating that he was concerned about parking for the
proposed triplex.
There being no one who desired to speak, Chairman Sanchez closed the public
hearing and opened it up for discussion.
Breza and Kouba stated that increasing the number of units would likely result in
increased on- street parking in an area that is already relatively congested —
especially given the location on Third Street.
Krofchalk noted that the occupancy is proposed to be reduced from 10 to 8.
Next, the Board went through the variance finding questions.
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variance is not in harmony with the ordinance
given the small size of the lot.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variance is consistent with the Comprehensive
Plan since subject property is designated Traditional Neighborhood which
generally supports up to four housing units on a single property.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variance is reasonable given the current setup of
the house with three kitchens and the number of certified people is proposed to
be decreased from 10 to 8.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are unique circumstances given the current
setup of the house with three kitchens.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variance would retain the residential character of
the neighborhood.
BOARD OF ADJUSTMENT MINUTES
August 5, 2020
PAGE 3
Are there other considerations for the variance request besides economics?
The Board discussed how the request was related to economics, but the practical
difficulties test is satisfied so this criterion is met.
Next, Murphy noted that the request could not be approved because the Board
had not determined that the proposal is in harmony with the purpose and intent of
the ordinance. Mr. Murphy noted that perhaps the applicants could provide
covered bicycle parking in order to meet ordinance requirements. Mr. Murphy
asked the applicants if there was room to do this.
The applicants noted that there is an existing shed in back yard that could be
utilized for covered bicycle parking.
Mr. Espinosa noted that the property currently has 3 parking spaces and 6 are
required for the triplex. As a result, 6 covered bicycle parking spaces would need
to be provided to satisfy off-street parking requirements.
Mr. Espinosa also noted that the reduction of occupants from 10 to 8 and the
requirement to meet off-street parking standards through covered bicycle parking
could be conditions for approval of the request.
Next, the Board reconsidered criterion number one — harmony with purpose and
intent of the ordinance. With the proposed conditions noted by Mr. Espinosa, the
Board found the request to be in harmony with the ordinance because sufficient
parking would be provided and the total number of people on the property would
be reduced — substantially benefitting the public welfare while preserving and
protecting property value.
Next, Conway made a motion to approve the variances with conditions to reduce
the total number of occupants from 10 to 8 and meet City ordinances for off-
street parking which may be a combination of vehicular and covered bicycle
parking. The motion was seconded by Breza. The motion passed 4- 1 with
Kouba voting against and Chairman. Sanchez abstaining.
Petitioner was informed that there was a 10- day period during which time an
appeal could be filed for Council review.
Petition No. 20- 23- V G & R Rentals, LLC
Chairman Sanchez opened the public hearing and read the petition:
G& R Rentals, LLC - City Code Section 43. 02. 24 Table 43- 4 Site
Dimension Standards: Which requires 12 foot ( 12') side yard setbacks and
45 foot ( 45') rear yard setbacks. Applicant is proposing adding a fourth
habitable unit to a property that currently houses three units. The fourth
unit would be located in an existing garage to the rear of the property. As
BOARD OF ADJUSTMENT MINUTES
August 5, 2020
PAGE 4
currently sited, the existing structures are roughly five feet ( 5') from the
side lot lines and roughly three feet ( 3') from the rear lot line.
Also, 43. 03. 22 Table 43- 17: Which requires two parking spaces per
dwelling unit. The site as currently situated can provide four parking
spaces. Applicant is proposing four units which requires eight parking
spaces.
Property is described as MU- N zoning, Sect- 25, Twp- 107, Range- 007,
HAMILTON ADDITION, Lot- 003, Block- 037 & SOUTH 2' LOT 2, or at 154
High Forest Street.
The applicants from G & R Rentals LLC addressed the Board. They stated that
an un- licensed studio apartment currently exists in the garage and they are
seeking the variances in order to get it certified for rental.
Board members questioned if the studio would be brought up to code. The
applicants confirmed that it would be brought up to all applicable building codes.
Next, there was general discussion on current certification of the property. The
applicants noted that there are currently 3 certified units for a total 13 people
unrelated. They intend on remodeling one of the units to make it a three
bedroom. The other two units are one bedrooms - one unit is potentially suitable
for two people; the other for one. If the variance is approved, they would like the
the studio to up to two people. Based on this, the applicants were
ability to rent
agreeable to reducing the total certified number of occupants from 13 to 8.
Next, there was discussion on parking. Mr. Espinosa noted that there is currently
room for 4 side by side parking spaces within the existing lean- to. The applicants
noted that additional covered bicycle parking could be located within the existing
40' X 40' garage.
There being no others who desired to speak, Chairman Sanchez closed the
public hearing and opened it up for discussion.
Next, the Board went through the variance finding questions in consideration of
reducing the total number of occupants from 13 to 8 and meeting off- street
parking requirements through a combination of vehicular and covered bicycle
parking.
Is the variance in harmony with the purpose and intent of the ordinance?
BOARD OF ADJUSTMENT MINUTES
August 5, 2020
PAGE 5
The Board determined that the variances are in harmony with the ordinance
given they support investment in the property and will help bring a currently
uncertified unit into compliance with code.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variances are consistent with the Comprehensive
Plan given the Traditional Neighborhood land use designation which generally
supports up to four units on a single property.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variances are reasonable given the property' s
mixed use zoning does not include lot area minimums.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are unique circumstances given the studio
apartment already exists, but is unlicensed.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variances would have minimal impact on the
character of the locality.
Are there other considerations for the variance request besides economics?
The Board found that there are other considerations for the variances given the
findings listed above.
Murphy made a motion to approve the variances with the conditions to reduce
the total number of occupants from 13 to 8 and meet off-street parking
requirements through a combination of vehicular and covered bicycle parking.
The motion was seconded by Breza. Upon vote, all were in favor.
Petitioner was informed that there was a 10- day appeal period during which time
no action could be taken on the petition.
Other Business
Following a staff summary, the Board considered three resolutions related to 20-
20- V from Mitch Walch.
The Board passed Resolution 20- 20 ( 1) 6- 0 upon motion by Krofchalk and
second by Conway.
The Board passed Resolution 20- 20 ( 2) 5- 1 ( Kouba dissenting) upon motion by
Murphy and second by Breza.
BOARD OF ADJUSTMENT MINUTES
August 5, 2020
PAGE 6
Next, Chairman Sanchez allowed Mitch Walch to speak. Mr. Walch stated that
he is working on re- designing the building and would only be seeking a variance
for the height.Mr. Walch mentioned changing the footprint of the building and
the parking layout so that the setback and parking variance would no longer be
needed. Mr. Walch thus asked the Board to reconsider the height variance.
Mr. Espinosa stated that a building and parking layout change would likely
constitute a substantive change which requires a new application. Mr. Espinosa
thus recommended proceeding with the resolutions in front of the Board. If Mr.
Walch would like to reapply for a height variance related to a new building design
he could do that through a separate application.
Chairman Sanchez noted that if there are substantive changes to the project, the
Board would likely have to hold another public hearing as well.
Kouba then made a motion to approve all of the variances related to 20- 20- V
from Mitch Walch. The motion failed for lack of a second.
Next, the Board passed Resolution 20- 20 ( 3) 5- 1 ( Kouba dissenting) upon motion
by Conway and second by Krofchalk.
Adjournment
There being no further business to come before the Board, the meeting was
adjourned at 6: 02 p. m.
Carlos Espinosa
Secretary
Agenda
AGENDA
City of Winona
Board of Adjustment
DATE: Wednesday, August 5, 2020
TIME: 5: 00 P. M.
PLACE: Via Zoom
1. CALL TO ORDER
Minutes from the July 1, 2020 meeting.
2. NEW BUSINESS
A. Applicant: G& R Rentals, LLC
Parcel Address: 652 East Third
Nature of Request:
1) Sections 43. 02. 24 Table 43- 4: Requires twelve foot ( 12')
City Code
side yard setback and forty foot (40') rear yard setback.
Applicant is proposing converting an existing duplex into a
triplex which will be roughly zero feet ( 0') from the easterly
side lot line and roughly 28 feet (28') from the northern rear lot
line.
2) City Code Section 43. 02. 23 Table 43- 3: Requires 9, 000 sq. ft. of lot
area for a triplex in an R- 2 Zoning District.
Applicant is proposing converting an existing duplex situated
on a roughly 4, 800 sq. ft. lot into a triplex.
3) City Code Section 43. 03. 22 Table 43. 17: Requires two parking
spaces per dwelling unit.
Applicant is requesting a variance to provide 3 parking spaces for the
triplex instead of 6 parking spaces as dictated by code.
City Code Sections: 42. 02. 24 Table 43- 4, 43. 02. 23 Table 43- 3,
43. 03. 22 Table 43- 17
B. Applicant: G& R Rentals, LLC
Parcel Address: 154 High Forest Street
Nature of Request:
1) City Code Section 43. 02. 24 Table 43- 4: Requires a twelve ( 12') side
yard setback and a forty- five ( 45') rear yard setback.
Applicant is proposing adding a 4th habitable unit to a property
that currently houses three units. The fourth unit would be
located in an existing garage to the rear of the property. The
existing structures are roughly five feet (5') from the side lot
line and three feet ( 3') from the rear lot line.
2) City Code Section 43. 03. 22 Table 43- 17: Requires two parking
spaces per dwelling unit.
Applicant is requesting variance to provide 4 parking spaces
for the 4 unit development instead of the 8 parking spaces as
dictated by code.
City Code Sections: 43. 02. 24 Table 43- 4, 43. 03. 22 Table 43- 17
3. OTHER BUSINESS
4. ADJOURNMENT
Notice of Public Hearing
By Electronic Means
652 East Third
Notice is hereby given that on Wednesday, August 5, 2020 at 5: 00 pm the Winona Board
of Adjustment will hold a public hearing by electronic means concerning a variance
request for the following application.
G & R Rentals, LLLC - City Code Section 43. 02. 24 Table 43-4 Site Dimension Standards:
Which requires 12 foot ( 12') side yard setbacks and 40 foot ( 40') rear yard setbacks. Applicant
is proposing converting an existing duplex into a triplex which will be roughly zero feet ( 0') from
the easterly side lot line and roughly 28 feet ( 28') from the northern rear lot line.
43. 02. 23 Table 43- 3 Lot Dimension Standards: Which requires 9, 000 square feet of lot area for
a triplex in the R- 2 Zoning District. Applicant is proposing converting an existing duplex situated
on a roughly 4, 800 square foot lot into a triplex.
43. 03. 22 Table 43- 17: Which requires two parking spaces per dwelling unit. The site as
currently situated can provide three parking spaces. Applicant is proposing a triplex which
requires six parking spaces.
Property is described as R- 2 zoning, Sect- 26, Twp- 107, Range- 007, HAMILTON ADDITION,
Lot- 007, BLANK BLKS 95', or at 652 East Third Street.
This informational meeting is being conducted electrically following Minnesota State Statute
13D. 021 pursuant to Resolution 2020- 17 Declaring a Special Emergency, as adopted by the
Winona City Council on Monday, March 16, 2020.
All interested parties are invited to provide input via Zoom at which time you will be given the
opportunity to express comments on the project. This meeting is open to the public via web or
phone.
To join the Zoom Meeting via web, go to: https:// zoom. us/ j/ 96880614307 and enter
meeting ID: 968 8061 4307
To join via phone, dial either phone number:
1 312 626 6799 US ( Priority)
1 646 558 8656 US ( Backup)
When prompted, enter the following Meeting ID: 968 8061 4307
Written testimony will also be accepted prior to the public hearing. Written comments must be
sent via email to: Luke Sims — Isims(a ci.winona.mn. us by 4: 00 p. m. on Monday, August 3,
2020. Specific questions can be directed to the Community Development Office,
507. 457. 8250.
Notice is sent to the applicants and to the owners of the properties affected by the
application.
THIS NOTICE OF REGULAR MEETING BY TELEPHONE OR OTHER ELECTRONIC MEANS
IS GIVEN PURSUANT TO MINN. STAT. § 13D. O4.
Dated: July 24, 2020
Luke Sims
Assistant City Planner
Chris Sanchez Greg Karow, Building Official
Board of Adjustment Board of Adjustment Secretary
Chairman
Zoom Procedures for Board of Adjustment
All interested parties are invited to participate via electronic This meeting is
means.
open to the public via web or phone. This meeting begins at 5: 00 pm; please log in
prior to the start of the meeting. You may exit the meeting at any time.
Board of Adjustment Commissioners and Staff:
To join the Zoom Meeting via web, go to: https:// zoom. us/ j/ 96880614307
and enter Meeting ID: 968 8061 4307
To join via phone, dial either phone number:
1 312 626 6799 US ( Priority)
1 646 558 8656 US ( Backup)
When prompted, enter the following Meeting ID#: 968 8061 4307
Then enter your participant ID# if you have one; if not, enter #
For participants:
Only use one audio source; audio from computer is preferred if available.
Be aware of background noise from your location.
If using phone, do not use the speaker function.
If using a web cam, be aware of what is in your background.
If you have headphones, please use them as that will limit background noise
Please mute your audio until you wish to speak. Then unmute your audio, and
ask the Chairman for permission to talk.
If using web access, note the options for you to view the meeting ( gallery shows
all participants same size)
Other notes:
Staff will " host" the meeting on a city computer and will manage when
participants' audio is muted / unmuted.
The public hearing notices included the Zoom meeting information, and also
indicated that written comments could be submitted to staff by a set date prior to
the Board of Adjustment meeting. These written comments will be provided to
the Commissioners either in advance or at the public hearing.
Gray boxes to be
filled in by staff only.
CITY OF WINONA
APPEAL TO BOARD OF ADJUSTMENT
FOR MODIFICATION OF CITY CODE
Date IC ., 0 Owner CAjc pihri CCM
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Owner Address
Petitioner S d-
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Petitioner Address ill C/ .4 4 C 7 - Pd - 5 A C c. 4' i , g4c/
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As property owner or petitioner, I hereby make application to modify the/City Code at the following
address: +
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It is understood that only those points specifically mentioned are affected by action taken on this
appeal.
Purpo e in seeking Board of Adjustment hearing:• A l c` cY SI-1 a ct9 i/1' le.a1- TrQr-
FA eX, ,,,, b w/ , 3/ Awn p4 _ fl' fee . T i SQ do w— ti V Ir Ct S
1041 l G 1 „ bi s - 64 / 0 to e, f.
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See handout for required submittal information and general appeal information.
The specific ordinance modification desired is
I hereby certify that I am the owner of the above described property or am otherwise legally
empowered to make this appeal.
Received by:
Z------,--
Applicant' s Signature)
The Board meets on the first and third Wednesday of every month. Petition must be filed by
noon on the Friday 19 days prior to the Wednesday meeting date. The petitioner is required to attend
the meeting.
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Notice of Public Hearing
By Electronic Means
154 High Forest
Notice is hereby given that on Wednesday, August 5, 2020 at 5: 00 pm the Winona Board
of Adjustment will hold a public hearing by electronic means concerning a variance
request for the following application.
G & R Rentals, LLLC - City Code Section 43. 02. 24 Table 43- 4 Site Dimension Standards:
Which requires 12 foot ( 12') side yard setbacks and 45 foot ( 45') rear yard setbacks. Applicant
is proposing adding a fourth habitable unit to a property that currently houses three units. The
fourth unit would be located in an existing garage to the rear of the property. As currently sited,
the existing structures are roughly five feet (5') from the side lot lines and roughly three feet ( 3')
from the rear lot line.
43. 03. 22 Table 43- 17: Which requires two parking spaces per dwelling unit. The site as
currently situated can provide four parking spaces. Applicant is proposing four units which
requires eight parking spaces.
Property is described as MU- N zoning, Sect- 25, Twp- 107, Range- 007, HAMILTON ADDITION,
Lot- 003, Block- 037 & SOUTH 2' LOT 2, or at 154 High Forest Street.
This informational meeting is being conducted electrically following Minnesota State Statute
13D. 021 pursuant to Resolution 2020- 17 Declaring a Special Emergency, as adopted by the
Winona City Council on Monday, March 16, 2020.
All interested parties are invited to provide input via Zoom at which time you will be given the
opportunity to express comments on the project. This meeting is open to the public via web or
phone.
To join the Zoom Meeting via web, go to: https:// zoom. us/ j/ 96880614307 and enter
meeting ID: 968 8061 4307
To join via phone, dial either phone number:
1 312 626 6799 US ( Priority)
1 646 558 8656 US ( Backup)
When prompted, enter the following Meeting ID: 968 8061 4307
Written testimony will also be accepted prior to the public hearing. Written comments must be
sent via to: Luke Sims - Isims( c ci. winona. mn. us by 4: 00 p. m. on Monday, August 3,
email
2020. Specific questions can be directed to the Community Development Office,
507. 457. 8250.
Notice is sent to the applicants and to the owners of the properties affected by the
application.
THIS NOTICE OF REGULAR MEETING BY TELEPHONE OR OTHER ELECTRONIC MEANS
IS GIVEN PURSUANT TO MINN. STAT. § 13D. 04.
Dated: July 24, 2020
Luke Sims
Assistant City Planner
Chris Sanchez Greg Karow, Building Official
Board of Adjustment Board of Adjustment Secretary
Chairman
Gray boxes to be
filled in by staff only.
CITY OF WINONA
APPEAL TO BOARD OF ADJUSTMENT
FOR MODIFICATION OF CITY CODE
Date 7// a267
2O Owner ROL' M
Owner Address
Petitioner
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Petitioner Address / V pZ71‘ C C U 3"- l Lgdie, u1
As property owner or petitioner, I hereby make application to modify the City Code at the following
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address:
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It is understood that only those points specifically mentioned are affected by action taken on this
appeal.
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See handout for required submittal information and general appeal information.
The specific ordinance modification desired is
I hereby certify that I am t. • owner of the above described property or am otherwise legally
empow ed is appeal.
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Applicant' s Signature)
Received by:
The Board meets on the first and third Wednesday of every month. Petition must be filed by
noon on the Friday 19 days prior to the Wednesday meeting date. The petitioner is required to attend
the meeting.
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MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Board of Adjustment
FROM: Luke Sims
DATE: July 23, 2020
SUBJECT: BOA Application Considerations for 08/ 05/ 2020 Zoom Meeting
Applicant: G& R Rentals, LLC — 652 East Third Street
Considerations related to Board of Adjustment Variance Criteria are provided
below:
1) Is the variance in harmony with the purpose and intent of the
ordinance?
The intent of the ordinances in question is to ensure that neighboring lots
have adequate spacing between structures and their expected occupant
load. The property in question is located in a Mixed Use- Neighborhood
zoning district which adopts the requirements of adjoining residential
districts to ensure this spacing. Additionally, the parking ordinance is
designed to allow for additional off-street parking on a per- unit basis.
2) Is the variance consistent with the Comprehensive Plan?
The variance does not affect the land use as dictated in the
Comprehensive Plan. The Comprehensive Plan' s future Land Use map
designates this property as Traditional Neighborhood, which will not be
affected by the variance.
3) Does the proposal put property to use in a reasonable manner?
Properties with up to four units are allowed in the R- 2 zoning district, The
property in question is already an existing multi- family property.
4) Will the variance, if granted, retain the essential character of the
locality?
The surrounding area features a range of housing options from owner-
occupied single family to multi- family. The properties surrounding the
property are also occasionally closer to lot lines than dictated by the Unified
Development Code.
5) Are there other considerations for the variance request besides
economics?
If the findings of questions 3- 5 are affirmative this criterion is satisfied.
Applicant: G& R Rentals, LLC — 154 High Forest Street
Considerations related to Board of Adjustment Variance Criteria are provided
below:
1) Is the variance in harmony with the purpose and intent of the
ordinance?
The intent of the ordinances in question is to ensure that neighboring
lots have adequate spacing between structures and their expected
occupant load. The property in question is located in a Mixed Use-
Neighborhood zoning district which adopts the requirements of
adjoining residential districts to ensure this spacing. Additionally, the
parking ordinance is designed to allow for additional off- street parking
on a per- unit basis.
2) Is the variance consistent with the Comprehensive Plan?
The variance does not affect the land use as dictated in the
Comprehensive Plan. The Comprehensive Plan' s future Land Use
map designates this property as Traditional Neighborhood, which will
not be affected by the variance.
3) Does the proposal put property to use in a reasonable manner?
Page 2
The Mixed Use Neighborhood zoning district allows for a range of
uses, including multi- family residential. The property is currently multi-
family residential and property's proposed use will remain consistent
with the existing use.
4) Will the variance, if granted, retain the essential character of the
locality?
The surrounding area is a range of uses including multi- family and single
family residential as well as multi- family and commercial projects. The
2017 re-zoning of the area encourages a range of uses and incremental
change in that area.
5) Are there other considerations for the variance request besides
economics?
If the findings of questions 3- 5 are affirmative this criterion is satisfied.
Page 3
BOARD OF ADJUSTMENT
Regular Meeting
DATE: July 1, 2020
TIME: 5: 00 p. m.
PLACE: Zoom Online Meeting
PRESENT: Breza, Buege, Conway, Kouba, Krofchalk, Sanchez
ABSENT: Murphy
Chairman Sanchez called the meeting to order at 5: 00 p. m.
Petition No. 20- 13- V, Ashley Gorka
Chairman Sanchez opened the public hearing and read the petition:
Ashley Gorka —City Code Section 43. 01. 27 A) 2) a) which
requires accessory structures on lots of record to be a minimum
3 feet from the side property line. Applicant wishes to construct
a new 30' X 40' garage at a zero foot setback to the side
property line.
Ashley Gorka, 416 E. 3rd Street, addressed the Board. Mr. Gorka stated that he is
looking to construct a three stall garage with a workshop and locate it up to the
easterly property line. Mr. Gorka stated that he is trying to preserve enough
room on the side of the garage to park a boat and trailer.
The Board members questioned Ashley if he had explored constructing the
garage deeper into the lot in order to meet the side yard setback requirements.
Mr. Gorka said that he had not.
Next, Chairman Sanchez opened the public hearing.
There being no one who desired to speak, Chairman Sanchez closed the public
hearing and opened it up for discussion.
Next, the Board went through the variance finding questions.
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variance is not in harmony with the ordinance
given the garage could be redesigned to meet required setbacks. Also, locating
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 2
the garage so close to the property line may negatively impact the adjacent
property — which does not support the public welfare.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variance is consistent with the Comprehensive
Plan since the variance does not change the residential use of the lot.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variance is not reasonable given there are other
options to construct the desired garage besides a zero lot line setback.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are not unique circumstances given 50' X 140'
size of the property — which is a typical full lot in the core area of Winona.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variance would retain the residential character of
the neighborhood — especially given other nearby properties have garages close
to property lines.
Are there other considerations for the variance request besides economics?
The Board did not find other considerations since the practical difficulties test
was not satisfied.
Next, Dave Kouba made a motion to deny the variance and it was seconded by
Conway. All were in favor of denying the variance.
Petitioner was informed that there was a 10- day period during which time an
appeal could be filed for Council review.
Petition No. 20- 18- V, Frances Goodin, Winona Arts Center
Chairman Sanchez opened the public hearing and read the petition:
Francis Goodin, Winona Arts Center - City Code Section
43. 02. 24 Table 43- 4 which requires a front yard setback of 25
feet and a side yard setback of 12 feet for 1. 5 story other
permitted uses in the R- 3 zoning district. Applicant wishes to
construct an entry vestibule into a non- residential building at a
15 foot front yard setback and 7 foot side yard setback.
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 3
Francis Goodin, Winona Arts Center addressed the Board. Ms. Gooden stated
that the setback variances are being requested to facilitate construction of a new
handicapped accessible entrance. Ms. Goodin noted that in design of the
vestibule they worked to minimize its size.
Angie Marcolini — 222 E. Fifth stated that she was concerned the vestibule might
impact sight lines for vehicles nearing the Franklin/ Fifth Street intersection.
Paul Schollmeier — 480 W. Burns Valley Road noted that the Winona Arts Center
is an asset to the community and this addition will only increase accessibility to
the building which benefits the public.
There being no others who desired to speak, Chairman Sanchez closed the
public hearing and opened it up for discussion.
Next, the Board went through the variance finding questions.
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variances are in harmony with the ordinance
because they increase accessibility to the building which is in the public welfare.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variances are consistent with the Comprehensive
Plan since the use is not changing and the property' s Traditional Neighborhood
land use designation supports club type uses.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variances are reasonable given they facilitate
increased accessibility to the building.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are unique circumstances given the property' s
small size.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variances would have minimal impact on the
character of the locality.
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 4
Are there other considerations for the variance request besides economics?
The Board found that there are other considerations for the variances given the
findings listed above.
Jon Krofchalk made a motion to approve the variances and it was seconded by
Kouba. Upon vote, all were in favor.
Petitioner was informed that there was a 10- day appeal period during which time
no action could be taken on the petition.
Petition No. 20- 20- V, Mitchell Watch
Chairman Sanchez opened the public hearing and read the petition:
Mitchell Watch — City Code Section 43. 02. 24 Table 43- 4 which
limits structures in the Mixed Use Downtown Fringe ( MU- DF) zone
to 40 feet, 43. 03. 62 A) 1) b) which sets a maximum front yard
setback of 20 feet in the MU- DF zone, and 43. 03. 22 B) which
requires 1 parking space per dwelling unit in the MU- DF zone.
Applicant wishes to construct a 64 unit apartment building with a
height of 63 feet, a front yard setback of 40 feet, and the equivalent
of 60 off street parking spaces.
Mitchell Watch, 20687 County Road 33, addressed the Board. Mr. Walch stated
that he is looking to build a residential building and that he looked at going
1st
underground with the floor parking, but there are issues with the water table.
Mr. Watch also stated that he was relatively close to the regulations on the
parking variance. Mr. Walch then said he was available for questions.
Jon Krofchalk asked if Mr. Watch had bought the property knowing the zoning
restrictions. Mr. Watch stated that he did.
Next, Mr. Watch introduced his architect, Innes Henderson. Mr. Henderson
stated that he and Mr. Watch had done a significant amount of due diligence in
project design. Related to the height variance, Mr. Henderson stated that they
had considered reducing the number of floors, designing a flat roof, and sinking
the building partially into the ground. Mr. Henderson also noted that the project
team is currently taking soil samples to ensure there are no subsurface issues.
Michael Onstad, 707 W. Broadway, stated that he was supportive of the project
with the exception of the parking variance request.
There being no others who desired to speak, Chairman Sanchez closed the
public hearing and opened it up for discussion.
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 5
Next, the Board went through the variance finding questions.
Front Yard Setback
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variance is in harmony with the ordinance
because it promotes public health and safety.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variance is consistent with the Comprehensive
Plan given the Downtown Fringe designation and proposed setback promotes
public health and safety.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variance is reasonable given that it increases
sight lines for vehicles exiting the property.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are unique circumstances given the property' s
shape and location along a curved roadway.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variance would have minimal impact on the
character of the locality.
Are there other considerations for the variance request besides economics?
The Board found that there are other considerations for the variance given the
findings listed above.
Height
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variance is not in harmony with the purpose and
intent of the ordinance because it facilitates construction of a building with a
height similar to the core of downtown. This is not consistent with the subject
property' s location on the edge of downtown and Mixed Use Downtown Fringe
zoning.
Is the variance consistent with the Comprehensive Plan?
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 6
The Board determined that the variance is not consistent with the
Comprehensive Plan because the area is designated for uses of a lower intensity
than the downtown core. The variance would facilitate a use with at the same
relatively intensity as the downtown core.
Does the proposal put the property to use in a reasonable manner?
The Board determined that the variance is not reasonable given adjacent
buildings are 20- 30' in height.
Are there unique circumstances to the property not created by the landowner?
The Board determined that there are not unique circumstances given the
property is undeveloped.
Will the variance, if granted, retain the essential character of the locality?
The Board determined that the variance would not retain the character of the
locality because it would allow a building that is significantly taller than buildings
in the vicinity.
Are there other considerations for the variance request besides economics?
The Board did not find other considerations since the practical difficulties test
was not satisfied.
Parking
Is the variance in harmony with the purpose and intent of the ordinance?
The Board determined that the variance is not in harmony with the ordinance
because it would facilitate less off street parking spaces than the number of units
in the building. This is exacerbated by the number of two and three bedroom
dwelling unit proposed. As such, a variance to parking requirements does not
support the public welfare.
Is the variance consistent with the Comprehensive Plan?
The Board determined that the variance is not consistent with the
Comprehensive Plan since adequate off- street parking is appropriate for the
Downtown Fringe designated subject property.
manner?
Does the proposal put the property to use in a reasonable
BOARD OF ADJUSTMENT MINUTES
July 1, 2020
PAGE 7
Next, Jon Krofchalk motioned to cease discussion and for staff to develop
resolutions pertaining to this item for the next meeting. The motion was
seconded by Kouba and passed unanimously.
Adjournment
There being no further business to come before the Board, the meeting was
adjourned at 6: 52 p. m.
Carlos Espinosa
Secretary
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