Zoning Board of Appeals — Agenda Packet

CITY OF MAYVILLE ZONING BOARD OF APPEALS MEETING AGENDA SEPTEMBER 28, 2026 4:00 PM 15 S SCHOOL ST 1. CALL TO ORDER AND ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. CITIZEN COMMENTS Citizen Comments are to be kept to a maximum of five minutes per speaker unless the chairperson allows an extension of time. Each citizen is to make comments at the podium after stating name and address. Each citizen may comment only one time per public hearing / meeting. 4. PUBLIC HEARING 4.1. Public Hearing for the Variance Request for 205 S. Clark Street, Parcel No. 251-1216-2332-008 4.2. Public Hearing for the Variance Request for 530 N. German Street, Parcel No. 251-1216-1333-052 5. APPROVAL OF MINUTES 5.1. Approval of Minutes of the August 4, 2026, Zoning Board of Appeals Meeting 6. REQUEST OF VARIANCE 6.1. Discuss, with Possible Action, the Request of Variance from Kwik Trip for 205 S. Clark Street, Parcel No. 251-1216-2332-008 Reason: Variance request is to reduce the setback at the rear of the existing building Reference: Section 430-44(g) of the City of Mayville Municipal Code 6.2. Discuss, with Possible Action, the Variance Request of Broc Fleischer for 530 N. German Street, Parcel No. 251-1216-1333-052 Reason: Variance request is to widen the driveway at the curb of this property. Reference: Section 430-72(b)(2) of the City of Mayville Municipal Code 7. ADJOURNMENT Andy Shoemaker, Presiding Officer NOTE: Persons with disabilities requiring special accommodations for attendance at the meeting should contact City Hall at least one (1) business day prior to the meeting. Page 1 of 18 15 South School Street, PO Box 273, Mayville WI 53050 Phone: 920.387.7900 Fax: 920.387.7919 www.mayvillecity.com VARIANCE HEARING – PUBLIC NOTICE CITY OF MAYVILLE The City of Mayville Zoning Board of Appeals will meet on Monday, September 28, 2026, at 4:00PM, at Mayville City Hall, located at 15 S. School Street, Mayville, WI, to consider the request of the property owner at 205 S. Clark Street, Parcel No. 251-1216-2332-008, requesting a variance to reduce the required setback requirements for this property. Any persons wishing to be heard are invited to attend. Anastasia Gonstead – Clerk/Executive Assistant Published September 17, 2026 Posted September 14, 2026 Page 2 of 18 15 South School Street, PO Box 273, Mayville WI 53050 Phone: 920.387.7900 Fax: 920.387.7919 www.mayvillecity.com VARIANCE HEARING – PUBLIC NOTICE CITY OF MAYVILLE The City of Mayville Zoning Board of Appeals will meet on Monday, September 28, 2026, at 4:00PM, at Mayville City Hall, located at 15 S. School Street, Mayville, WI, to consider the request of the property owner at 530 N. German Street, Parcel No. 251-1216-1333-052, requesting a variance to widen the driveway at the curb for this property. Any persons wishing to be heard are invited to attend. Anastasia Gonstead – Clerk/Executive Assistant Published September 17, 2026 Posted September 14, 2026 Page 3 of 18 CITY OF MAYVILLE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 4, 2026 5:00 PM 15 S SCHOOL ST 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 05:01 PM by Andy Shoemaker, with the following roll call: Present: Andy Shoemaker, Dale Amundson, Ald. Bob Smith. Excused: None. Absent: Ald. Tony DeBaker, Larry Liebenow. Staff present: Clerk/Executive Assistant Anastasia Gonstead. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The Pledge of Allegiance was recited by those in attendance. 3. CITIZEN COMMENTS None. 4. PUBLIC HEARING 4.1. Public Hearing for the Variance Request for 211 Kekoskee Street, Parcel No. 251-1216-1444-074 No public comments were made. The motion to close the public hearing was made by Ald. Smith and seconded by D. Amundson. Ayes: Ald. Smith, D. Amundson, A. Shoemaker Nays: None Vote Count: 3 - 0 Motion has Passed. 5. APPROVAL OF MINUTES 5.1. Approval of Minutes of the May 23, 2023, Zoning Board of Appeals Meeting The motion to approve the minutes of the May 23, 2023, Zoning Board of Appeals meeting was made by Ald. Smith and seconded by A. Shoemaker. Ayes: Ald. Smith, A. Shoemaker, D. Amundson Nays: None Vote Count: 3 - 0 Motion has passed. 6. REQUEST OF VARIANCE Page 4 of 18 6.1. Discuss, with Possible Action, the Request of Variance from Roger Tuttlebee for 211 Kekoskee Street, Parcel No. 251-1216-1444-074 Reason: Variance request is to reduce the setback at the rear of the existing building from 25 feet to 17-20 feet, to allow for a storage extension. Reference: Section 430-44(g) of the City of Mayville Municipal Code Roger Tuttlebee of 211 Kekoskee Street was present to request a variance. Clerk/Executive Assistant Gonstead reviewed Building Inspector Rob Froh's report providing the grounds as to why the variance be denied. Ald. Smith continued by providing background on past practices in the City. Clerk/Executive Assistant Gonstead went over the conditions in state statute to meet the terms of an undue hardship. Mr. Tuttlebee explained to the Board that the size he is requesting for the lean- to is to bring vehicles inside and have them fully enclosed. Mr. Tuttlebee answered questions from the Body, clarifying should he get the lean-to he would get rid of the storage containers. The Board reviewed his plans. The motion to approve Roger Tuttlebee's variance request for a 20-foot setback, subject to vandalism and theft hardship, was made by Ald. Smith and seconded by D. Amundson. Ayes: Ald. Smith, A. Shoemaker, D. Amundson Nays: None Vote Count: 3 - 0 Motion has passed. 7. ADJOURNMENT The motion to adjourn the meeting was made by D. Amundson and seconded by Ald. Smith. Ayes: Ald. Smith, A. Shoemaker, D. Amundson Nays: None Vote Count: 3 - 0 Motion has . The Zoning Board of Appeals meeting was adjourned at 5:22 PM. Respectfully submitted by Lexi Volbright - Deputy Clerk Page 5 of 18 Staff Report Date: 8/17/2026 To: Zoning Board of Appeals From: Robert Froh RE: Request for Variance The applicant is requesting a dimensional variance from the minimum rear-yard setback requirement applicable to the B-2 Outlying Business District. The applicant proposes a 10-foot rear-yard setback at the property located at 205 S. Clark Street. Section 430-41(G)(3) of the City of Mayville Zoning Ordinance requires a minimum rear yard of 25 feet in the B-2 Outlying Business District. The requested variance would therefore reduce the required rear setback by 15 feet, resulting in a proposed setback of 10 feet.This is an area/dimensional variance and does not involve a request to establish a use that is otherwise prohibited in the B-2 District. The existing building has a rear lot line setback of 10 ft. The city has researched if there was any conditional use or previous variance granted for the current building and found nothing on file. With the addition the owner is wanting to rezone the property located adjacent on the south side and combine the lots for the addition. All other setbacks would be met. Because this is a corner lot it is unique because it has two street yards. Page 6 of 18 Application for Variance Application fee: $400.00 Variance Standards: State law sets three standards for granting a zoning variance. Applicants must provide evidence to the local board that their 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 Unnecessary Hardship: Application of the zoning ordinance to the site must cause unnecessary hardship. When does necessary hardship occur? • Denied all Reasonable Use of Property The Wisconsin Supreme Court has ruled that unnecessary hardship only exists when the zoning ordinance denies all reasonable use of a property. Zoning board members must judge what is a reasonable use for a particular parcel. They must consider whether the parcel as a whole provides reasonable use to the owner, not just whether a portion of the property can be used as the applicant wants. Generally, a variance is not warranted if the physical character of the property would allow a landowner to develop or build in compliance with a zoning ordinance. For example, all reasonable use of a parcel is not denied if a board rejects a variance for a deck to be placed on a site within a shoreland setback. A home without a lakeside deck still offers a reasonable use of property. • 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 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 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 it is entirely covered with wetlands, the property Page 7 of 18 Application for Variance Application fee: $400.00 would no 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. 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 the 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 property features affecting many parcels in the same way. The proper remedy in such a situation is to amend the zoning ordinance. Public Interest Protected: Granting of a variance must not harm the public interest. • Look to Ordinance Objectives Board members should 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 interest. 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 erosion control measures or vegetative screening. Page 8 of 18 Application for Variance Application fee: $400.00 Applicant Information Applicant Name Applicant’s Mailing Address Email Address Phone Alt Phone Owner of Property Site as of Date of Application, according to Current Property Tax Records: ____________ ___________________________________________________________________________________________ Street Address of Property (if vacant land, describe in detail the property location): _____________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Legal Description of Property (Name of Subdivision, Block and Lot, or other legal description): ___________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Agent or Representative Assisting in Application (Engineer, Architect, Attorney, etc) Name Firm Phone Office Address Contractor Page 9 of 18 Application for Variance Application fee: $400.00 Current Principal Use: ________________________________________________________________________ Accessory or Secondary Uses: _________________________________________________________________ Proposed Use: ______________________________________________________________________________ ___________________________________________________________________________________________ Variance(s) Requested: _______________________________________________________________________ ___________________________________________________________________________________________ Have you been granted any variances in the past, on any properties, whether fully or partially owned by you? ☐ Yes ☐ No If Yes, list addresses of those properties and whether the requirements of the variance granted have been completed: ______________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Plans to Accompany Application Applications for permits shall be accompanied by drawings of the proposed work, drawn to scale, showing, when necessary, floor plans, sections, elevations, structural details, computations and stress diagrams as the building inspector may require. Plot Plan When required by the building inspector, there shall be submitted a plot plan in a form and size designated by the building official for filing permanently with the permit record, drawn to scale, with all dimension figures, showing accurately the size and exact location of all proposed new construction and its relationship to other existing or proposed buildings or structures on the same lot, and other buildings or structures on adjoining property, within 15 feet of the property lines. In the case of demolition, the plot plan shall show the buildings or structures on the same lot that are to remain. Zoning district in which the property is located: ___________________________________________________ Page 10 of 18 Application for Variance Application fee: $400.00 Number of occupants proposed to be accommodated: ________________________ Number of employees, if applicable: _________________________ Section of City of Mayville Zoning Ordinance that prohibits the proposed usage of this property. It is this section of the Ordinance for which a variance is requested: _________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Standards The following are Standards that the City of Mayville Zoning Ordinance sets for decisions on variances. Explain how your proposal meets these standards. Standard 1: The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from mere inconvenience, if the strict letter of the regulations were to be carried out. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Standard 2: The conditions upon which the application for a variance are based would not be applicable generally to other property within the same zoning classification. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ Page 11 of 18 Application for Variance Application fee: $400.00 Standard 3: The purpose of the variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Standard 4: The alleged difficulty or hardship is caused by this ordinance and has not been created by a person presently having an interest in the property. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Standard 5: The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Standard 6: The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of public streets, or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Page 12 of 18 Application for Variance Application fee: $400.00 Conditions The City of Mayville Zoning Ordinance authorized the Board of Zoning Appeals to place conditions on approved variances. Please keep this in mind and supply ALL pertinent information. Applicant Signature & Date Applicant Signature Printed Name Date CITY HALL - OFFICE USE ONLY Date Received Payment Type Date Notice sent to owners of record Date Published Date Set for Board of Zoning Appeals Page 13 of 18 Page 14 of 18 Page 15 of 18 Page 16 of 18 Page 17 of 18 Page 18 of 18