Board of Adjustment Appeal Application

Appeal # _________ Board of Adjustment Fee _________ Application Worksheet Meeting Date _________ Application Date _________ Applicant’s Name _________________________________________________________ Address _________________________________________ Phone _______________________ Parcel No. __________________________ Zoning District ______________________________ Reason for Appeal_______________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Notes: ________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Mailing List (OFFICE USE ONLY) □ Applicant □ Property Owner □ Owners Within 150 ft. □ Board Members □ sillage Board □ County Zoning Dept. □ Highway Department □ Other ___________________________ T o: Village of French Island Zoning Official 2219 Bainbridge St. La Crosse, WI 54603 Please take notice that the undersigned does hereby appeal from the decision of the V illage Zoning Administrator dated _________________ denying the application for a Zoning and Occupancy permit. The reasons and grounds upon which this appeal is based are set forth and detailed on the Application for Appeal. _________________________________________ _____________________________ Signature Date Application for Appeal to the Board of Adjustment No _________ Now comes ______________________________________________________ (Applicant’s name) an d appeals to the Board of Adjustment for the Village of French Island from a denial by the Village Zoning Administrator denying the appellant a Zoning and Occupancy permit to ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ on property described as: in accordance with the application on file with the Zoning Official. This denial was made for the following reason: The appellant recognizes that Section (s) _______________________of the Zoning Ordinance does require certain but feels the unique characteristics of this property meet the standards for a variance, that a variance in this case would not be contrary to the public interest and that a literal enforcement of the Zoning Ordinance would result in an unnecessary hardship being imposed. Dated this ___________ day of _______________________, ________________ day month year Signed ______________________________________________________ Mailing Address _______________________________________________ Acting on behalf of _____________________________________________ Property owner if other than applicant PUBLIC HEARING REQUIREMENTS APPLYING FOR A VARIANCE Appeals to the Board of Adjustment are considered monthly at a public hearing. In order to be c onsidered at the next meeting, complete applications must be received in the Village of French Island Office no later than 12:00 NOON on: ____________________ ________________________ Application Deadline Meeting Date at 6:00PM Village of French Island Board Room ALL applications must include: 1. Application forms, signed and dated, which are available at the Village of French Island Office. 2. A legal description of the property. 3. A Filing Fee is required to complete the application, based on project costs. 4. A site sketch drawn to scale, indicating the location of all existing structures and the proposed construction in relation to side, rear and front lot lines. A survey may be required if inadequate. Incomplete applications will not be placed on the meeting agenda. Applicants shall answer the following questions: What hardship is created by the application of the Zoning Ordinance to this property? Is there a reasonable use of the property available without a variance? In other words, is there an alternative plan that would comply with the ordinance? Is there a unique physical characteristic of the property which prevents development in compliance with the Zoning Ordinance? Would granting of the variance harm the public interest in any way? For example, would public safety be compromised? What aesthetic impact would the project have? Would the proposal interfere with protected shorelands? What other impacts would the project have on the public interest? A Class I notice is published in the local newspaper. A notice of the date and time of the hearing and a site plan will be mailed to all property owners within 150 feet of your property. Notice of the hearing is sent to t he Village Board. It is important that you discuss your proposal with village representatives, prior to the public hearing, as the Village Board acts in an advisory capacity to the Board of Adjustment. Depending on the location of your property, notice of the hearing will be sent to the County Highway Commissioner and the Land Conservation Department, the Wisconsin Department of Natural Resources and the Department of Transportation and the La Crosse Municipal Airport for technical input. The property owner or his representative shall be present at the public hearing to present his request to the Board and answer any questions it may have. Should an appearance not be made, or should insufficient information be presented, the appeal will not be considered and will be placed on the agenda for the next meeting. The appellant will be required to pay the additional expense that is incurred because of the postponement of the hearing. I have read and understand my responsibilities regarding my appeal to the Board of Adjustment. _____________________________________ ______________________________ Signed Date DEALING WITH GOVERNMENT Communicating Effectively With Government Committees E ncounters with villages and county government can be frustrating and sometimes intimidating. The following is advice for the citizen who is petitioning the Zoning Committee to obtain a Conditional Use Permit, a Special Exception Permit or to rezone property, or appealing the Board of Adjustment for a variance. • Know your facts. If you present incorrect data, the truth will catch up and you’ll lose credibility. • Know exactly what is required to permit you to speak before the committee and for how long, either in support or opposition. Don’t go over the limit. • Know the economic results of your request, both to yourself and others. • Bring your own accurate maps, drawings, etc. Don’t expect the V illage to prepare your information for you. • Make your illustrations large enough for all to see. • Be prepared for questions on how your proposal will affect your neighbors, traffic flow, drainage, noise, property valuations, etc. • Have an attorney study the statutes and ordinances relating to your proposal, if you need help interpreting them. • Tell the truth, negative and positive. • Keep the committee informed at all stages of your plan. • Follow up. Show a continuing interest until you get action. • Be patient. Your proposal isn’t the only item on the agenda. • Learn the bureaucratic channels and go through them. Contact those directly involved first, such as the supervisor in the district y our proposal would affect, as well as your Village President, but don’t contact them before 9 a.m. or after 9 p.m. They deserve a private life, too. • Don’t attempt to buy favors from officials and don’t make threats if they don’t agree with you. • Realize that officials have guidelines to follow and standards to meet. _____________________________ ________________ Applicant Date VARIANCE STANDARDS State law sets three standards for granting a zoning variance. Applicants must provide evidence to the local board that th eir situation meets the standards. All three standards must be met in order for a variance to be granted.  Unnecessary hardship  Unique property feature  Not contrary to public interest 1. Unnecessary Hardship Application of the zoning ordinance to the site must cause unnecessary hardship. When does unnecessary hardship occur?  Unnecessarily Burdensome Unnecessary hardship is present when “compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome.” State v. Waushara County board of Adjustment, 2004 WI 56 (2004), State ex rel. Ziervogel v. Washington County Board of Adjustment, 2004 WI 23 (2004)  No Self-Imposed Hardships The State Supreme Court also ruled that a hardship may not be self-imposed. An example of a self -imposed hardship would be someone who builds at a setback and later requests a variance for an addition within the setback area. Such a variance should be denied because the applicant created the hardship by building at the setback and restricting future building or expansion options.  Loss of Profit Not Hardship Loss of profit is not in itself an unnecessary hardship, nor is additional expense incurred to comply with zoning ordinances. For instance, limiting the number of units which can be built on a parcel may reduce potential profits but is not an unnecessary hardship.  Due to Regulations The hardship cannot be one that would have existed in the absence of the zoning ordinance. Some properties may not be buildable because of the physical nature of the property. For instance, if an entire parcel consists of land with a steep slope, or is entirely covered with wetlands, the property would not be suitable for development whether or not there was an ordinance regulating such development. In such extreme cases, the only reasonable use may be for open space uses. 2. Unique Property Limitations Unique physical characteristics of the property must prevent the applicant from developing in compliance with the zoning ordinance.  Physical Features Wetlands, soil type, bedrock and steep slopes are some characteristics which may limit use of a property.  Property Limitations – Not Applicant’s Circumstances The property must qualify for the variance, not the situation of the applicant.  Violations/Previous Variances not Grounds for Variance Existing violations on other properties, or improper variances previously granted, are not grounds for a variance. Applications must be evaluated individually based on the variance standards.  Amend Zoning Ordinance Variances should not be granted for prope rty features affecting many parcels in the same way. The proper remedy in such a situation is to amend the zoning ordinance. 3. Public Interest Protected Granting of a variance must not harm the public interest.  Look to Ordinance Objectives Board members s hould look to the objectives statement in their local ordinance to determine what constitutes public interest. Local ordinance objectives generally mirror objectives set forth in state statutes. For example, shoreland zoning protects the public interest in water quality, fish and wildlife resources, shore cover and natural beauty.  Not Just Lack of Opposition The fact that there is no objection to a variance from neighbors or area residents does not necessarily mean a variance would not harm the public inter est. A local zoning board must consider the public at large and not just nearby property owners.  Minimum Relief Landowners who do qualify for a variance are to be granted only the minimum relief necessary for them to have reasonable use of their property. Boards also have the authority to impose conditions on a variance to protect the public interest. Examples of conditions for variances to shoreland standards include such as erosion control measures or vegetative screening. Applicants must prove their situation meets all three of these standards. However, municipalities can assist landowners and expedite the process by providing application forms that help landowners determine if they will qualify for a variance. Similarly, zoning officials and zoning board members can ask applicants questions to help determine if the standards are met or if there is an alternative that would not require a variance. STANDARDS FOR THE GRANTING OF AN APPEAL Using the explanation of variance standards listed on the violet colored sheet included in the application packet, please answer the following questions. Your answers will be provided to the Board of Adjustment prior to the public hearing. These questions shall be provided at the time your appeal is made and are required for your appeal to be considered complete. 1. Unnecessary Hardship: Unnecessary hardship is present when compliance with the strict letter of dimensional requirements unreasonably prevents a property owner from using the property for a permitted purpose, or would render conforming to such requirement “unnecessarily burdensome”. Explain how you find your appeal meets this test (use additional sheets if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. Unique physical characteristics of your property must be present, characteristics that prevent a proposed development from complying with the ordinance being appealed. Explain how you find that your property meets this standard: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Explain why the granting of this variance will not be contrary to, or harm, the interest of the public: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Appeal No: _______________ Hearing Date: _______________ Appellant: ________________________________ (Signature) Address: ________________________________ ________________________________ ________________________________