Board Members in attendance: Rosanne Kuemmel, Richard Mielke, John Barnes, Judith Tomachek, Lisa Bell

Similar documents
TOWNSHIP OF WATERFORD 2131 AUBURN AVE., ATCO, NJ 08004

Zoning Board of Appeals

TOWN OF WALLINGFORD ZONING BOARD OF APPEALS SEPTEMBER 19, 2011 REGULAR MEETING MINUTES

Anthony Guardiani, Chair Arlene Avery Judith Mordasky, Alternate Dennis Kaba, Alternate James Greene, Alternate

CAUCUS PRIOR TO STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS Meeting of January 11, :30 p.m.

PLANNING COMMISSION MINUTES - CITY OF INVER GROVE HEIGHTS. Tuesday, May 20, :00 p.m. City Hall Chambers Barbara Avenue

TOWNSHIP OF WATERFORD 2131 AUBURN AVE., ATCO, NJ 08004

ZONING BOARD OF APPEALS MINUTES MAY 28, 2013

City of Cape May Planning Board Meeting Minutes Tuesday September 10, 2013

TOWN OF WALLINGFORD ZONING BOARD OF APPEALS MAY 18, 2009 REGULAR MEETING MINUTES

MINUTES PARK TOWNSHIP ZONING BOARD OF APPEALS Park Township Hall nd Street Holland, MI Regular Meeting April 28, :35 P.M.

CITY OF WINTER PARK Planning & Zoning Board. Regular Meeting September 6, 2016 City Hall, Commission Chambers MINUTES

A G E N D A. BOARD OF ADJUSTMENT PUBLIC HEARING January 6, :00 PM

MINUTES PARK TOWNSHIP ZONING BOARD OF APPEALS Park Township Hall nd Street Holland, MI Regular Meeting April 27, :30 P.M.

MINUTES MARION COUNTY BOARD OF ADJUSTMENT HEARING October 6, 2014

Bolton Zoning Board of Appeals Regular Meeting Minutes June

MINUTES ZONING BOARD OF ADJUSTMENT

LETTER OF APPLICATION

Town of Hamburg Board of Zoning Appeals Meeting November 1, Minutes

ZONING BOARD OF APPEALS MINUTES JUNE 14, Chairman Garrity thanked ZBA Member Michael Waterman for his many years of service on the ZBA.

TOWN OF JERUSALEM ZONING BOARD OF APPEALS. April 14 th, 2016

Planning and Zoning Commission

PROPOSED AGENDA CHARTER TOWNSHIP OF BRIGHTON OCTOBER 26, BUNO ROAD 7:00 P.M. BRIGHTON, MI (810)

CITY OF WINTER PARK Board of Adjustments. Regular Meeting June 19, 2018 City Hall, Commission Chambers

WRIGHT COUNTY BOARD OF ADJUSTMENT. Meeting of: October 3, 2014

Meeting Minutes May 4, 2015

VILLAGE OF HINSDALE ZONING BOARD OF APPEALS MINUTES OF THE MEETING October 15, 2014

ZONING BOARD OF APPEALS MINUTES AUGUST 28, Chairman Garrity described the proceedings of the Zoning Board of Appeals.

LETTER OF APPLICATION

Shorewood Board of Appeals Meeting Agenda July 10, :30 P.M. Shorewood Village Hall Court Room 3930 N. Murray Avenue, Shorewood, WI 53211

AGENDA ITEM 1. Call to Order, Roll Call and Approval of Minutes.

ZONING BOARD OF APPEALS MINUTES SEPTEMBER 22, Acting Chairperson Micheli explained the procedures of the Zoning Board of Appeals.

PLANNING & ZONING DEPARTMENT Town Hall Annex, 66 Prospect St., Ridgefield, CT Fax

CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax

MINUTES OF THE ROCK ISLAND BOARD OF ZONING APPEALS. Regular Meeting 7:00 p.m. September 12, ATTENDANCE: (x) Present ( ) Absent

BOARD OF ZONING ADJUSTMENT MINUTES MEETING OF DECEMBER 1, :00 P.M. MOBILE GOVERNMENT PLAZA, MULTI-PURPOSE ROOM

DRAFT CITY OF NORWALK PLANNING COMMISSION. February 21, 2017

TOWNSHIP OF SADDLE BROOK PLANNING BOARD

3. Section is entitled Accessory Buildings ; limited applicability/regulation.

Township of Millburn Minutes of the Planning Board March 15, 2017

PLANNING COMMISSION AGENDA PACKET

Catherine Dreher; Gerry Prinster; Kevin DeSain; David Bauer; and Vicki LaRose

Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR.

Zoning Board of Appeals

MINUTES OF THE ROCK ISLAND BOARD OF ZONING APPEALS. Regular Meeting 7:00 p.m. May 11, ( ) Gary Snyder (x) Robert Wild (x) Faye Jalloh

LIVONIA JOINT ZONING BOARD OF APPEALS MEETING MINUTES- May 4, 2015

AMENDED AGENDA BLUFFDALE CITY BOARD OF ADJUSTMENT. January 24, 2017

Jacque Donovan, Vice-Chair Sebastian Anzaldo Jeremy Aspen Jason Lanoha. Teri Teutsch, Alternate

Zoning Board of Appeals

AGENDA Wytheville Planning Commission Thursday, January 10, :00 p.m. Council Chambers 150 East Monroe Street Wytheville, Virginia 24382

MANCHESTER TOWNSHIP ZONING BOARD OF ADJUSTMENT REGULAR MEETING. Thursday, January 26, 2017

Members present: Burchill, Yacoub, Yoerg, Potter, Rhoades and Casanova

Spartanburg County Planning and Development Department

BOARD OF ADJUSTMENT TUESDAY, NOVEMBER 13, :00 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS AGENDA

MINUTES OF THE MEETING OF THE FORT DODGE BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS TUESDAY, SEPTEMBER OCTOBER 3, 2017

GENOA TOWNSHIP BOARD OF ZONING APPEALS MEETING MINUTES

PLAIN TOWNSHIP BOARD OF ZONING APPEALS PLAIN TOWNSHIP HALL 2600 EASTON STREET NE, CANTON, OHIO MINUTES OF REGULAR MEETING DECEMBER 1, 2004

Department of Municipal Licenses and Inspections Zoning Board of Appeals 90 Pond Street Braintree, Massachusetts 02184

Town of Jerusalem Zoning Board of Appeals. January 10, 2019

MINUTES BOARD OF ADJUSTMENT On ONE ST. PETERS CENTRE BLVD., ST PETERS, MO MEETING OF SEPTEMBER 16, :00 P.M.

VILLAGE OF DOWNERS GROVE ZONING BOARD OF APPEALS VILLAGE HALL COUNCIL CHAMBERS 801 BURLINGTON AVENUE. August 24, :00 p.m.

Cascade Charter Township, Zoning Board of Appeals Minutes July 14, 2015 Page 1

ZONING BOARD OF ADJUSTMENT MEETING MINUTES JULY 19, 2007 AT 8:00 P.M.

CITY OF WINTER PARK Board of Adjustments. Regular Meeting October 17, 2017 City Hall, Commission Chambers

GLEN ROCK ZONING BOARD OF ADJUSTMENT Minutes of the October 12, 2017 Meeting

MINUTES OF THE REGULAR MEETING BOARD OF ZONING APPEALS. August 2, 2018

VILLAGE OF CHENEQUA CHENEQUA VILLAGE BOARD MINUTES OF MONDAY, NOVEMBER 12, 2018.

OLD BUSINESS NEW BUSINESS

AGENDA. 2. Review of Agenda by the Board and Addition of items of New Business to the Agenda for Consideration by the Board

CITY OF VICTORIA BOARD OF VARIANCE MINUTES NOVEMBER 12, 2015

TOWN OF CLAYTON. Town Plan Commission. Meeting Minutes. 7:00 P.M. 8:12 P.M. on Wednesday, July 10 th, 2013

262 SOUTH BROAD STREET

RACINE COUNTY ECONOMIC DEVELOPMENT & LAND USE PLANNING COMMITTEE. SUMMARY MINUTES June 19, :00 p.m.

Richard Land, Chair; Melody Alger, Chris Mulhearn, Jody Sceery, and Barry Golden (Alternate).

PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT STAFF REPORT PREMIER AUTO SERVICES, INC. VARIANCES

904 Byron Street and 910 Byron Street. Lots 11 and 12 Block 87 of School Addition. Relocation of common boundaries.

TOWN OF JERUSALEM ZONING BOARD OF APPEALS. July 13, 2006

Regular Meeting and Public Hearing of the Zoning Subcommittee

Chesapeake Bay Critical Area Conservation Plan

TOWN OF GILMANTON ZONING BOARD OF ADJUSTMENT THURSDAY, APRIL 19, PM. ACADEMY BUILDING MINUTES

ORDINANCE NO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS:

PROCEEDINGS OF THE ST. CLOUD ZONING BOARD OF APPEALS. A meeting of the St. Cloud Zoning Board of Appeals was held on June 16, 2009, at 7:00 p.m.

DEED RESTRICTIONS PROTECTIVE COVENANTS

Town of Marcellus Planning Board 24 East Main Street Marcellus, New York June 4, 2018

MEMORANDUM. Monday, November 19, :00 p.m. Kiawah Island BZA Meeting Packet

CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX (940) voice (940) fax

MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS. Meeting April 27, Michael Sullivan (Chairman), Andrew Crocker, Gary Gilbert, and

4. MINUTES: Consideration, review and approval of Minutes from the March 15, 2017 meeting.

MEETING MINUTES January 26, 2015

STAFF REPORT. To: Planning Commission Meeting date: January 11, 2017 Item: UN Prepared by: Marc Jordan. Schoolhouse Development, LLC

BOARD OF ZONING ADJUSTMENT AGENDA

BOARD OF ZONING APPEALS MINUTES OF THE PROCEEDINGS OF THE PUBLIC HEARING FEBRUARY 27, 2018

GLEN ROCK ZONING BOARD OF ADJUSTMENT Minutes of the September 14, 2017 Meeting

KETCHUM PLANNING AND ZONING

SPRINGETTSBURY TOWNSHIP ZONING HEARING BOARD AUGUST 6, 2015

MINUTES MANHATTAN BOARD OF ZONING APPEALS City Commission Room, City Hall 1101 Poyntz Avenue Wednesday, July 9, :00 PM

PUBLIC HEARING SWANTON DEVELOPMENT REVIEW BOARD. Thursday, September 24, 2015

TOWN OF GILMANTON ZONING BOARD OF ADJUSTMENT THURSDAY, AUGUST 21, PM. ACADEMY BUILDING MINUTES

Zoning Board of Appeals Minutes

Village of Glenview Zoning Board of Appeals

Transcription:

VILLAGE OF CALEDONIA ZONING BOARD OF APPEALS East Side Community Center - 6156 Douglas Avenue - Racine, Wisconsin Tuesday, April 25, 2017 at 9:00 a.m. Chairperson Rosanne Kuemmel called the meeting to order at 9:00 a.m. Kuemmel read the meeting process. Board members may have visited the site before this meeting. 1. Roll Call Board Members in attendance: Rosanne Kuemmel, Richard Mielke, John Barnes, Judith Tomachek, Lisa Bell Excused: Joan Rennert Staff Present: Jarmen Czuta of Racine County Development Services to assist the Board on regulations and requirements, Village Administrator Tom Christensen, Village Engineer Anthony Bunkelman, Attorney Elaine Ekes 2. Review and Possible Approval of Minutes from November 22, 2016 Lisa Bell made a motion to approve the minutes. Judy Tomachek second. Voice vote 5/0. Motion carried. 3A. Public Hearing Inland Greentree LLC a/k/a IRC Greentree LLC 5111 & 5141 Douglas Ave. 104-04-23-20-103-110 & 104-04-23-20-103-160 Atty. Jeffrey Vercauteren, Agent The existing commercial building will have insufficient side yard setbacks. Czuta read the public hearing notice: Request a variance to allow an existing lot line to remain that will transect an existing commercial building at 5111 and 5141 Douglas Avenue, Section 20, T4N, R23E. Village of Caledonia. Approval was denied and a variance is requested as the existing commercial building will have insufficient side yard setbacks. Applicants are subject to Article VI, Division 18 B-3 Commercial Service District, Section 20-556 Uses, Sec. 20-558 Yard setback requirements, and Sec. 20-1017 Reduction or joint use of the Village of Caledonia Zoning Ordinance. Kuemmel swore in William Anderson, 814 Commerce Drive, Oak Brook, IL. Mr. Anderson works for IRC. His company owns a major portion of Green Tree Plaza. When preparing due 1

diligence for a sale of a portion of the property they discovered they may be in violation of side set back requirements and are seeking a variance. Jeff Vercauteren, Agent, 33 E. Main Street, Madison, WI was sworn in. He explained the condition they are looking to correct was created in 1990 before IRC owned the property. The former owner Quit Claimed half the property to itself to created two separate tax parcels. Recently they found out the parcels did not comply after 27 years. Bell asked how they found this out. Vercauteren explained they have a pending sale on half of the property and this came up through due diligence. There were no more questions from the Board. Kuemmel asked if anyone was present in support. Tom Christensen, 3134 Rudolph Lane, Caledonia was sworn in. He spoke in support. He was speaking on behalf of himself, the Village of Caledonia and Village President Bob Bradley. They have been in discussions on this issue. IRC has been attempting to negotiate a sale and discovered during due process that there was an illegal land split in 1990, and the Village has culpability in that. This had created an undue hardship on IRC. IRC will still be retaining the K- Mart building and is interested in maintaining that property, keeping it viable. The Village is in support of this and feels it is in the best interest of the Village. Attorney Elaine Ekes, Pruitt, Ekes & Geary, S.C., 610 Main St., Racine was sworn in. She wanted to clarify the 1990 land split. That split might have been for the possibility to allow for a separate tax bill for K-Mart, not to split control of the property. There were two separate CSMs that were provided for development of that corner. One was approved in 1989, another in 1990 essentially maxing out the number of divisions that could be done in a five year period. The 1990 division was one too many. After that the Village recognized two separate parcels. Occupancies have been given for those parcels, including K-Mart Garden Center and changes to Pick n Save. The Village is in support of this variance and will be taking up a waiver request of that land division to allow 1990 to be a legal division at the Plan Commission later today, 4/25/2017, and at the Village Board meeting next week. No one was present in opposition. Czuta read a memo from Julie Anderson, Director of Racine County Public Works and Development Services, dated 4/18/2017. Staff does not object to this request. Based on records on file with the Racine County Register of Deeds office and submitted documentation by the applicant, the property was divided into two parcels by the recording of a quit claim deed in November of 1990 by a prior property owner and this division caused the subject lot line to transect the existing commercial building. The land division resulted in insufficient side yard setbacks at the shared lot line. At this time the current property owner desires to sell the southern property that currently contains Pick- N-Save (and smaller tenant spaces) and retain ownership of the norther property that current contains K-Mart. This variance is being requested to accommodate this real estate transaction. 2

The Property Owner has prepared a Reciprocal Easement Agreement to address access and maintenance requirements for both parcels. The perspective buyer of the southern portion of the property would enter into this Agreement at closing. Until any redevelopment occurs, the properties will continue to function as one as they have for the last twenty-seven years. The granting of this variance is in the public interest as it will facilitate a real estate transaction that will allow another owner to take ownership of the southern parcel that currently contains Pick-N- Save and allow continued ownership of the northern parcel that contains K-Mart by the current owner. This will allow the property owner of the K-Mart portion to work with the Village in the future on the possible redevelopment of this site. Concurrent with this variance request, the property owner has applied to the Village of Caledonia for a waiver of land division requirements to allow the 1990 land division to remain and this request will be reviewed by the village Plan Commission on April 25, 2017 and Village Board on May 1, 2017. It is expected that the village will enter into a Memorandum of Understanding with the Property Owner to address the future redevelopment of the northern K-Mart parcel. If approval is granted, there should be a condition that if the building located on the northern or southern parcel is razed for redevelopment at the sites, any future redevelopment must be in compliance with all zoning regulations. If approved the zoning permit fee to authorize the existing lot line to remain that transects the existing commercial building with insufficient side yard setbacks would be $250.00. Czuta read a letter from Village Engineer Anthony Bunkelman, dated 4/18/2017: I am in receipt of the notice for the Village of Caledonia Zoning Board of Appeals Public Hearing for 5111 Douglas Avenue and 5141 Douglas Avenue. This notice was in reference to allowing an existing lot line to remain that will transect an existing commercial building. This approval along with other approvals will aid with the sale of 5111 Douglas Avenue. This variance request is due to non-compliance with the existing commercial building having insufficient side yard setbacks. I have reviewed the application listed above and offer the following recommendations. The Village Engineering Department does not have any objection to having this variance granted. The Village Plan Commission and Village Board also approve a Modification Waiver for the creation of the parcels from the November 1990 Quit Claim Deed. A Memorandum of Understanding between the Village and IRC Greentree is entered into for the potential future redevelopment of the Northern Parcel. In the event that either or both of the existing buildings on the parcels are razed for redevelopment, the new development shall conform to all applicable Zoning Ordinances and Regulations at the time of the redevelopment. 3

3B. Public Hearing George & Jessica Grochowski 13130 7½ Mile Road Caledonia, WI 53108 104-04-22-06-028-000 Jason Fox, Agent The proposed residential accessory structure (pole barn) with covered porch will occupy more than twenty (20) percent of the rear yard area. Czuta read the public hearing notice: Request a variance to raze a 24.2 x 26.2 detached garage and a 9.6 x 21.0 shed and construct a 16 x 22 x 30 x 47 residential accessory structure (pole barn) with a 10 x 26 covered porch at 13130 7½ Mile Road, Section 6, T4N, R22E, Village of Caledonia. Approval was denied and a variance is requested as the proposed residential accessory structure (pole barn) with covered porch will occupy more than twenty (20) percent of the rear yard area. Applicants are subject to Art. VI, Div. 24 A-2 General Farming and Residential District II, Sec. 20-1017 Reduction or joint use, and Sec. 20-1115 Accessory uses of the Village of Caledonia Zoning Ordinance. Kuemmel swore in George Grochowski, 13130 7 1/2 Mile Road, Caledonia, WI 53108. He explained the building needed to be set back more to the north. The building is needed to keep their recreational vehicles, lawn mowers, cars and trucks in a secure structure to avoid theft and/or vandalism. This will be for personal use only. Bell asked if the neighbors were aware. Grochowski said he had contacted five of his neighbors and they were all in support, and he presented a petition signed by them and submitted it to Czuta. One neighbor he could not reach. Grochowski explained the architecture facing the street. It is a two stage garage, small portion up front, larger in the back for better curb appeal. There will also be brick veneer and nice garage doors. Czuta explained the application was asking for 742 sf over the 20% mark. Kuemmel asked what the hardship was. Grochowski explained in 2011 he did have a break in and wanted to keep his vehicles protected, did not want equipment sitting outside No one was present in support. No one was present in opposition. Czuta read a memo from Julie Anderson, Director of Racine County Public Works and Development Services, dated 4/18/2017: Staff does not object to this variance request. There appears to be a desire to raze a 24.2 x 26.2 detached garage and a 9.6 x 21.0 shed and construction a 16 x 22 x 30 x 47 residential accessory structure (pole barn) with a 10 x 26 covered porch for personal storage and residential use to protect the owners items 4

from the effects of the outdoor environment, and also from the threat of vandalism or theft, which would preserve the substantial property rights of the owner that are also enjoyed by others in the area. The area of the rear yard of the existing lot is 6400 square-feet. Without approval of the variance, residential accessory structures are allowed to cover up to twenty (20) percent of the rear yard area which is 1280 square-feet. The proposed 15 x 22 x 30 x 47 residential accessory structure (pole barn) with a 10 x 26 covered porch is 2022 square-feet which would exceed the allowable square-footage of residential accessory structures in the rear yard area of the lot by 742 square-feet. The variance request does not appear to be contrary to the purpose and intent of the ordinance as this is a unique situation due to the fact that the property owners own a vast number of items, associated with outdoor activities that they enjoy such as hunting, fishing, boating and outdoor sports that they desire to store indoors to protect them from the effects of the outdoor environment and also from the threat of vandalism and theft. If approval is granted there should be a condition that the pole barn is restricted to only code-compliant personal storage and/or residential uses for the property owners, with no business, commercial, or industrial use, no rental of space allowed within this structure, and no portion of the structure may be used for human habitation. If approved the zoning permit fee for the 15 x 22 x 30 x 47 residential accessory structure (pole barn) with a 10 x 26 covered porch would be $200.00 Czuta received correspondence from Village Engineer Anthony Bunkelman, dated 4/18/2017: I am in receipt of the notice for the Village of Caledonia Zoning Board of Appeals Public Hearing for 13130 7 ½ Mile Road. This notice was in reference to the owner s construction a 16 x 22 +30 x 47 pole barn with a 10 x 26 covered porch for personal storage and residential use only at the above address. This variance request is due to non-compliance with A-2 Zoning with residential accessory structures exceeding 20% of the rear yard area of the lot. I have reviewed the application listed above and offer the following recommendations. The Village Engineering Department does not have any objection to having this variance granted provided that all Village standards are met in regards to access and grading of the site. There will need to be a site specific grading plan submitted that meets all Village Standards and approved by the Village Engineering Department prior to the construction of this structure. o 6% maximum slope on the driveway/driveway extension to the proposed pole barn. o There shall be a minimum of 30 of backout (driveway) on all overhead doors for the pole barn. This will require modification of the North door or an explanation of how this door will be used. o Side slopes off of the proposed building and on swales are not to exceed the maximum of 4:1. o Centerline slopes on swales of a minimum of 0.8%. o There shall be a minimum of 8 of positive pitch away from the structures. o Roof runoff from the pole barn will need to be controlled. Gutters with downspouts shall be installed and discharged so that the runoff 5

will not create a problem with abutting properties or icing of the road Right of Way. The Right of Way for 7 ½ Mile Road in front of this parcel will need to be reviewed. The survey provided indicates that there is a 33 Right of Way and the Racine County Mapbook indicates 24.75 of Right of Way. If it is determined that the Right of Way is 24.75, additional Right of Way may need to be dedicated to meet Village Ordinance for issuance of Building Permits. Grochowski stated the use of the back door to the north was just to be able to get equipment out the back. Tomachek made a motion to adjourn the Public Hearing portion of the meeting. Bell second. Voice vote 5/0. Motion carried Public Hearing portion of the meeting ended at 9:38 a.m. Board did not take a break. 4. Board Meeting A. Decision on preceding petition 3A. Kuemmel asked the Board for discussion on Greentree. Christensen felt it was in the best interest of the Village and would be an undue hardship not to grant the variance. Tomachek felt being this was not the fault of IRC Greentree and it would not be fair to not go along with the variance. Ekes explained if they do redevelop the variance setback would be addressed again. If they needed another variance then it would come back to this Board. Mielke made a motion to approve the variance. Bell second. Voice vote 5/0. Motion carried. B. Decision on preceding petition 3B. Mielke still stated his concern for allowing a variance over 20%. Wondered why the Board just doesn t change the ordinance. Christen said this issue has come up before. This request was in character for the area in which it was located. He felt the building size was appropriate for the area. Kuemmel felt the new structure would be an improvement. Czuta brought to the attention of the Board that if they realized the volume of sheds, pole barns, etc., that met the provisions, the variances are a small percentage. The covered portion of this pole barn was not considered habitation, that would just be living quarters within the building. Jason Fox, Agent for Grochowskis stated this has been a joint venture for the family, and the porch will make it more of a family structure for the children. 6

Barnes made a motion to approve the variance. Tomachek second. Voice vote 5/0. Motion carried. B. Other business as authorized by law No other business. C. Adjourn Bell made a motion to adjourn the meeting. Tomachek second. Voice vote 5/0. Motion carried. The meeting adjourned at 9:45 a.m. Respectfully submitted, Mary Jo Schmidt Eng/Bldg Adm Asst II Village of Caledonia 7