Board of Zoning Appeals — Agenda Packet

MEETING: REGULAR MEETING OF THE BOARD OF ZONING APPEALS DATE & TIME: Wednesday, April 22, 2026 at 5:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road NOTICE: Citizens not wishing to attend the meeting personally or virtually may submit any public comments by sending an email to comments@germantownwi.gov by 4 p.m. on the day of the meeting so that it can be provided to the members of the body for their consideration. AGENDA I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. II. ROLL CALL: III. MEETING MINUTES: A. February 27, 2025 B. April 23, 2025 IV. PUBLIC HEARINGS: A. THE PURPOSE of said hearing will be to hear any and all parties, their attorneys or agents, for or against a VARIANCE APPEAL from maximum height, and maximum area requirements and limitations under Section 17.46(7) of the Zoning Code filed by Innovative Signs, Inc., Appellant, on behalf of Truck Country, USA, Property Owner, located at N128W21795 Hwy 167. (PUBLIC HEARING & ACTION) V. ADJOURNMENT: UPON REASONABLE NOTICE, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the Village Clerk at (262)250-4745 at least 2 days prior to the meeting. Notice is hereby given that a possible quorum of other boards, committees, and/or commissions may attend this meeting to gather information about an item over which they have decision-making responsibility. This may constitute a meeting of these bodies per State ex rel. Badke v Greendale Village Board, even though these bodies will not take formal action at this meeting. Page 1 of 19 MEETING: REGULAR MEETING OF THE BOARD OF ZONING APPEALS DATE AND TIME: Thursday, February 27, 2025 5:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. Chairperson Barry White called the Board of Zoning Appeals meeting to order at 5:31 PM. II. ROLL CALL: Present: Member Tim Edwards, Member Barry White, Alternate Member Jefrey Knop Excused: Member Kristine Huber, Alternate Member Lilibeth Yao Also Present: Attorney Nathan Bayer, Attorney Ian Pruist, Attorney David Shea, Community Development Director Jeff Retzlaff, Associate Planner Jordan Yanke, Village Clerk Donna Ott III. APPROVAL OF MINUTES: A. November 21, 2024 No action was taken. IV. PUBLIC HEARINGS: A. The purpose of said hearing will be to hear any and all parties, their attorneys, or agents, for or against an APPEAL OF AN ADMINISTRATIVE DETERMINATION OF THE PLAN COMMISSION filed by OneEnergy Development LLC, Appellant and Wayne Lutynski, Property Owner. The Plan Commission determination subject of this appeal was made on December 9, 2024, and resulted in the denial and resulted in the denial (a motion to approve failed) of a Site Plan application for the development and operation of a 30- acre, 6 megawatt solar energy conversion facility on the subject property in an A-1: Agricultural Zoning District. Attorney Pruist read aloud the Public Hearing notice to all parties and attorneys and explained the process of the meeting and the purpose of said hearing. Page 2 of 19 Page 2 The Public Hearing began and Chairperson White swore in all persons wishing to speak. Debate ensued and members of the Board asked questions of the attorneys representing both sides. Chairperson White closed the Public Hearing at 6:28 PM. Members of the Board discussed and considered all testimonies and documents presented. In conclusion, the findings are as follows: The site plan met the requirements set forth in Section 17.43 of the Germantown Municipal Code. The Plan Commission did not make any findings and no evidence of any deficiency was presented that would meet the threshold for denial set forth in Section 17.43(7). Action - Site Plan is approved with the conditions set forth in the staff memo. V. ADJOURNMENT: Chairperson White adjourned the Board of Zoning Appeals meeting at 6:45 PM. Page 3 of 19 MEETING: REGULAR MEETING OF THE BOARD OF ZONING APPEALS DATE AND TIME: Wednesday, April 23, 2025 5:30 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. Chairman White called the meeting to order at 5:36pm. II. ROLL CALL: Committee Members Barry White, Tim Edwards and Kristine Huber were present. Also present were Community Development Director Retzlaff, Associate Planner Jordan Yanke, Village Clerk Donna Ott and Administrative Coordinator Deb Remich. III. APPROVAL OF MINUTES: A. February 27, 2025 This item was tabled until the next BOZA meeting. IV. PUBLIC HEARINGS: A. THE PURPOSE of said hearing will be to hear any and all parties, their attorneys or agents, for or against a VARIANCE APPEAL from certain sign location, property line setback, maximum height, and maximum area requirements and limitations under Section 17.46(7) of the Zoning Code filed by Lemberg Electric, Appellant, on behalf of Green Bay Packaging Inc., Property Owner, located at N128 W21600 Holy Hill Road. Chairman White read the public hearing notice and opened the public hearing at 5:38pm. Chairman White swore in Associate Planner Yanke who summarized the four (4) sign variance requests. Chairman White swore in Jaina Westphal of Lemberg Electric 4085 N. 128th St., Brookfield, WI. Ms. Westphal summarized their request and answered questions. Chairman White swore in John Vander Vries, Director of Sales for Green Bay Packaging N128W12601 Holy Hill Road to clarify the wayfinding sign variance. Chairman White asked if there was anyone that wanted to speak in favor or against the requested variances? No one came forward. Chairman White closed the Public Hearing at 6:23pm. Chairman White reopened the Public Hearing briefly at 6:34pm to allow Jaina Westphal to give testimony as to why they prefer the main monument sign placement be in the ROW. Page 4 of 19 Page 2 The Findings, Conclusions, Decision and Order were Deliberated. Variance 1 - Setback variance for monument sign. 1. The variance will not be contrary to public interest and will be in accord with the spirit of the zoning code because there is still sufficient distance from the road to the sign. 2. There are exceptional conditions that apply because of the low-lying nature and slope of the property. 3. The variance is necessary as the owner has a right to effective and properly placed signage. 4. The variance will not create a detriment to nearby property owners and is far enough from the road to not create a safety hazard. 5. The enforcement of the Zoning Code would result in difficulty because an effective sign is important and depriving them of that would be a hardship due to potential difficulty in finding the facilit. Variance 2 - Wayfinding Sign(s) variance for increased size. 1. The variance will not be contrary to public interest due to the large size of the facility, and doesn't affect neighbors and will not be in accord with the spirit of the zoning code, which does not provide extra signage for large facilities. 2. There are not exceptional conditions that apply because there are alot of other businesses that have large semi trucks which was the basis for their argument and that is not unusual. 3. The variance is not necessary because the size of the signs doesn't affect their ability to use the property. 4. The variance will not create a detriment due to adjacent properties being so far away, and it would actually be safer. 5. The enforcement of the Zoning Code would not result in difficulty because it doesn't limit the number of signs, just the size of them. Variance 3 - Visitor Parking Sign(s) variance for increased size. 1. The variance will not be contrary to public interest due to the large size of the facility, and doesn't affect neighbors and will not be in accord with the spirit of the zoning code, which does not provide extra signage for large facilities. 2. There are not exceptional conditions that apply because the size of the sign has nothing to do with the size of the lot. 3. The variance is not necessary because they don't need larger visitor parking signs to utilize the property. 4. The variance will not create a detriment due to adjacent properties being far away, and it would actually be safer. 5. The enforcement of the Zoning Code would not result in difficulty because they could just make the signs 6" smaller. Page 5 of 19 Page 3 Variance 4 - Wall-mounted Sign variance for increased size. 1. The variance will not be contrary to public interest because no one is affected by it, and will be in accord with the spirit of the zoning code because the building is large enough that the additional signage won't dominate in such a way that the zoning code is designed to prevent, and the signage is on multiple sides. 2. There are exceptional conditions that apply because of the facility's unique location and layout, which requires signage that is visibility from Hwy 41. 3. The variance is necessary because there is a need to advertise the business on multiple fronts. 4. The variance will not create a detriment because no one will be affected and there is no effect on public safety. 5. The enforcement of the Zoning Code would result in difficulty because they believe that signage on multiple fronts is a substantial property right and denying it would deprive them of the right to properly advertise their business. Motion: To Approve Setback Variance-1 (S2), Deny Wayfinding Signs Variance-2 (S3-8), Deny Visitor Parking Signs Variance-3 (S47-51), Approve Wall Mounted Sign Variance-4 (S-60) Motioned By: Barry White Seconded By: Kristine Huber Rollcall Vote: Kristine Huber, Tim Edwards, Barry White No: None Abstain: None Motion Passed (Yes 3, No 0, Abstained 0) V. ADJOURNMENT: Chairman White adjourned the meeting at 7:16pm. Page 6 of 19 TO: Board of Zoning Appeals (BOZA) Members FROM: Jeff Retzlaff, Zoning Administrator DATE: April 15, 2026 RE: Variance Appeal; N128 W21795 Holy Hill Road Innovative Signs Inc., Applicant Truck Country USA, Property Owner Background In February 2026, the Village Plan Commission approved a series of monument and wall signs for the new 38,000 sqft Truck Country commercial truck sales & service facility located on the former Steinman Lumber/Metro Marine property in the southeast quadrant of the Holy Hill Road @ I-41 interchange. Access to the Truck Country property will be from the recently constructed frontage road called High Point Pass south of Holy Hill Road (although Truck Country will retain the Holy Hill Road/STH167 address). At that time, Planning & Zoning staff advised Truck Country and their sign contractor, Innovative Signs Inc., that the maximum sign area allowed for on-site directional signs in a business zoning district is 6 sqft per side. Appeal/Request As detailed in their variance appeal application, Truck Country is seeking a variance to increase the sign area for each of three (3) on-site directional signs from 6 sqft to 36 sqft. The three proposed signs and proposed location are detailed in the appeal application packet. A detailed explanation or justification for the variance request is provided in the application, and includes the following site-specific conditions: 1. Safety & Traffic Circulation 2. Industrial Vehicles Operations 3. Community Impact Staff Comments All other aspects of the proposed directional signs are code compliant and consistent with the site development plans approved by the Plan Commission. Planning Department Jeffrey W. Retzlaff, AICP Village Planner & Zoning Administrator N112 W17001 Mequon Road P.O. Box 337 Germantown, WI 53022-0337 Telephone: (262) 250-4735 Website: www.village.germantown.wi.us E-mail: jretzlaff@village.germantown.wi.us M E M O R A N D U M Page 7 of 19 Village of Germantown Board of Zoning Appeals Application Page 2 of 5 VILLAGE OF GERMANTOWN BOARD OF ZONING APPEALS NOTICE OF APPEAL OR APPLICATION To Board of Zoning Appeals Village of Germantown, Wisconsin NOTICE lS HEREBY GIVEN that the undersigned hereby (appeals for from a decision of an administrative official) (applies for the following described right or privilege): G:\Clerk\Board of Zoning Appeal\BOZA Form Revised Revised 2t15t96:06i1 1/96:01/30-98; 04125100, 11h5105i11171O8,41612017,81212021 Case No Filing Date 03.DL.?{rz- Fee Paid $ L50.'o Hearing Date Notice Mailed Notices Published \ ott q)S $hR ot\c? \\$\t Appellant's or Applicant's Name: Jaime Dieman/lnnovative signs, lnc. Address: 21700 Doral Road, waukesha, wl 53180 Phone Number: 262-432- 1 330 Appellant's or applicants' interest in property: Owner Tenant Mortqaqee Agent r' Property Owner's Name:TfUCk COUntry, USA Address: 2222 West Ryan Road, oak Creek, wl 53224 Phone Number: 41 4_T 61 _3384 Address of Propertv'N 128 W21795 Hwy 167 , Germantown, wl 53022 Lot: Block Tax Parcel No. GTNV Zoning District: Present use of the PropertY: Truck Sales Parts & Accessories Proposed use of the Property: Previous Appeal or Application (if any)? Yes No r' lf YES, list date of hearing Decision of Previous Hearing: Page 8 of 19 Village of Germantown Board of Zoning Appeals Application Page 3 of 5 ldentify the PURPOSE for this appeal or application. Please mark the appropriate item below and provide the requested information. Attach a separate sheet if necessary A Appeal of decision or order of Administrative Official and Request for lnterpretation of Zoning/Building Code. Date of Decision or Order: Description of Decision or Order: Decision or order is erroneous because B r' Request for Variance of Zoning/Building Code Describe the requested variance and dimension of variance: Request of sizd variance for directional signs of 6 sq. ft in 17.46 (7)(f)(3) to 36 sq. ft Explain how the variance, lF granted, is consistent with the spirit, purpose and intent of the Code: Please see attached Justification for Size Exception Describe the exceptional, extraordinary, or unusual conditions or circumstances that apply specifically to this loVparcel, use, structure, or intended use that DO NOT apply generally to other properties or uses in the SAME district: Please see attached Justification for Size Exception Explain how this variance, lF granted, WILL NOT create substantial detriment to adjacent property, WILL NOT be contrary to the public interest and WILL NOT endanger public safety and interest: Please see attached Justification for Size Exception G:\Clerk\Board of Zoning Appeal\BOZA Form Revised Revised 2h5l96i 06/'11196: 01/30-98; 04125100, 11l15lOSi 1117108,41612017, 81212021 Page 9 of 19 Village of Germantown Board of Zoning Appeals Application Page 4 of 5 c Request for lnterpretation of regulations of the Zoning Code or the District boundaries of the Zoning Map. List applicable section(s) of the Zoning Code Describe proposed use/activity/construction Explain reasons supporting requested action Has request been referred to Plan Commission? Yes lf YES, give recommendation of Plan Commission: No D Permission for Temporary Use Permit Describe use requested Proposed commencement date: Proposed termination date G:\Clerk\Board of Zoning Appeal\BOZA Form Revised Revised 2115196;06/1 1i96: 01/30-98; 04l25lOO, 11h5llsi 1117108,41612017, 81212021 Page 10 of 19 Village of Germantown Board of Zoning Appeals Application Page 5 of 5 Each appeal A. B c D E F Dated: February 26 contested case is requested I hereby certify that the above application and/or appeal and all attachments hereto are true, correct, and comptete to the best of my knowledge and belief. bi*+w^**t, REQUIRED DOCUMENTATION or application must be accompanied by: Current plat or survey of the loUparcel, with complete details of the site, dimensioned, elevation data, easements, existing and proposed physical features, yards, and setbacks, etc. Attachments as outlined above. Filing fee(s) Copy of decision or order which is the basis of this appeal/application. Name and Address of counsel lF appellanVapplicant elects to be represented by counsel. Any additional fee of to cover the administrative costs if a 20 26 Signature of applicant or aPPe G:\Clerk\Board of Zoning Appeal\BOZA Form Revised Revised 2t15tg6i 06/1 1/96: O1/30-98; 04125100, 111151O5; 11171O8,41612017 ' 81212021 Ell A determination that an unspecified or unclassified use is permitted in a Zoning District Describe use requested Attach copy of recommendation of Village Plan Commission Fl-l Permission to substitute a MORE restrictive non-conforming use for an existing non-conformin use. Attach copy of recommendation of Village Plan Commission Attach copy of certification of Zoning Administrator to legality of present non-conforming qse Date of commencement of present use: Value of improvement on date use became non-conforming (attach documentation su value): $ ppoding Present value of all existing improvements, additions and alterations since date use became non-conforming (attach documentation): $ llant Page 11 of 19 Justification for Size Exception -Directional Signs We are respectfully requesting an exception to the standard directional size requirements due to the unique operational needs of this site and its heavy-truck traffic. This facility serves a high volume of semi-tractor trailers and commercial vehicles. The additional size ofthe directional signs is necessary to ensure safe and effective directional guidance for truck drivers approaching the site. Unlike passenger vehicles, semi-trucks require significantly more time and distance to slow change lanes, and execute turning maneuvers. Increased sign size improves visibility at a greater approach distance, allowing truck drivers adequate reaction time to make these maneuvers safely and without sudden braking or last-second turns. The request is based on the following site-specific conditions: Safety & Traffic Circulation:a a a a a Larger signage ensures earlier visibility for truck drivers seated at higher eye levels. It reduces the risk of trucks overshooting driveways and attempting unsafe turn-arounds. It prevents last-minute deceleration that may impact traffic flow on adjacent roadways. Industrial Vehicle Operations a Trucks entering and exiting the site have wide turning radii and limited maneuverability. Advance, elevated directional guidance supports proper entry routing and yard circulation. Clear wayfinding minimizes conflict points with employee and visitor vehicles. o Community Impact: . Improved visibility supports safer commercial traffic movement within the corridor r It reduces idling, unnecessary circulation, and truck traffic on neighboring streets. o The design remains architecturally consistent with the site and surrounding development. For these reasons, we believe the increased size is a reasonable and necessary accommodation tied directly to the safe operation of this truck-based facility. The request is not intended to create additional advertising impac! but rather to provide clear, safety-driven directional guidance for semi-truck traffic at the site. a a Page 12 of 19 yii i.c.ii.:-:9f5Jcn :.1!!9_,u_{#K:s @ @ @ PARTS & SERVICE ENTRA,NCE TRUCK SALES ENTRANCE CUSTON'ER CAR PARKING UNDEChING SERVICE PICK UP NEW 8 USED IIIVENTOR\ 2poc.Ei AFi]UNL BU.?ING SERVICE DROP OFF PARKING SERVICE DROP OFF ENTRANCE > RV PARKING |"AILER PARKING SHIPPING,T RECEIVING /l irrr f oii, Etlslnes: Slhank{ou I ,r $ ffi a-\ I o s.000 + sf xEw 8rj[,Dflo{- PARTS & SERVICE ENTRANCE TRUCK SAL€S ENTRANCE CUS rOt"{EIi CAR PARKING UNDECKING SERVICE PICK UP NEW & USTIJ INVEN']ORY PPOCE:D APOUND BUILOINC SERVICE DROF OFF PAFKING SERVICE DROP OFF ENTRANCF > RV PARKING TAILER PARKING SI'IIPPING & RECEIVING WRONG WAY jl il I 1 i' PEO'FFO AEOUNO BEILOING SERVICE DROP OFF PARTING SERVICE DROP OFF ENI RANCE & G RV PARKING TAILER PARKING SHIPPING RECEIVIN Page 13 of 19 GUdN6ANO SEEDNG {O'ES 'ffi .*,9.!,c:9.!Hl*M'*';Slf gg:*#'=lE-,#iffi-f',ffi E MTSEFESq E*;ssg#.l?]ffissffiB -'\nortt lF-$ofi I 1 i I ;*-'!+'1 '' t'--;':l:' -'-'9' I .I t: W N128W?1795 Holy Hill Road Village oiGermanlown Washingion Co., W --f];i-f---ni,.iriri -l PRSRESS COCUjETJiS NOlFffi CONSTRUCT]ON 0 a : Yl1,:,\. ,' x.. ,tl!;! i .l ;!l l,iar tt,/ i ''( / . 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I i: , r:"118:'1r':-t:4:_.:' TJSD Y.lSff',li*f;*5'' rumd{t@24s ffi SITE GRADING PLAN -- c-102 Page 14 of 19 t l I Z.\Effiffi *ffi%*ff-ffi,f,ffff . str"BiH*Be€*ffiEssls*s -G'-64_d.6n .l:-Re5tgg,v,%-*iffi# - =F--s*e Ee.ELE E*'#f*? #ffi { =9"!*.s!.Er'trJ.a.--H#E E BFif,l;#,##lE lFrbl*"ffi Efi"'i r*--dEau ilis}g-dqgE S.E ffi.#.sg g# ;-A?E-Ahbttx ffiff F;*3.F#'*-?*::*#!**.BH! c * :s!8"# REr 5 #fr H."tr"i--.it '' H#ff iSiHffi *'ffi ffi ffq,Effi fi #s I I I lr 1 li ,t .: W 5i N128lM1795 Holy Hill Road Village of Gemantown Washington Co., W f iiii-f ---nEi6rd-or----"1 IEGErc B +l -- PR6RESS DOCU{ENTS qTF IINI IN H AN lol IQ3 qq!!9lRlrcrlo!.r TJSD -&frffiffiH|j" mmdlamK ffi c.104 ", r.. .- 'tt' r,,;l 1 \ t!; :l ii; I . lil li ,l i , i .i' ' ti Li,3ri'! rl f l I --r Page 15 of 19 r Village of ffermanturn Clerk Treasurer ili 12fl17001 t'tt0u0it R0AD 0ermantonn, lll 53022 (?62)250-4700 l,tle I come 0310b12026 03:01PM PRAVi|1A P 001084-0015 Payment effective date WAbl2026 ilI$CEr.tAilE0US Zt.]|lING FEE$ (t;EFlZOl{) 2026 GINZON 1 @ $650,00 $ubtotal Tota I Tende rs II,IECK Check Numbe123938 Change due Faid by: INNUVAIiVE $IGN$ Thank you for your paynent CU$Tt]h,lEtl OOPY Villags of (ffierrfi$iltn{urt ***- , $650 . ri(} 00 00 $650 $650 $650.00 $650 ,00 $0.00 Page 16 of 19 Date 12/05/2025 Order # EST - 13288 Customer Truck Country - Germantown Brian H. Paint - Finish Specifications Vinyl (V-1) Oracal 8500-031 Red(PMS-186c) Designer Jaime D. Project Manager Substrate (S-1) 7328 White acrylic (P-1) Black cabinet & pole Directional 1 Scroll Down For Next Page Eletrical needed 20 AMP - 120 or 277 VAC www.Innovative-Signs.com (A) - Double sided Internally lit cabinet; painted black cabinet & pole 7328 White acrylic faces(S-1) Translucent cut vinyl (V-1) on face with copy weeded out 6ft 6ft Side Profile Side 2 15in 2ft 4ft 1ft 8ft Round S/S (1) 4” - 4.5“ - O.D Wall: Sch. 40 D/S Sides Mounting Pole Shape Pole Size Surveyor Arch. Plans Saddle Mount Sq Ft. 36 6ft 2⅝” 2¾” 2” Page 17 of 19 Date 12/05/2025 Order # EST - 13288 Customer Truck Country - Germantown Brian H. Paint - Finish Specifications Vinyl (V-1) Oracal 8500-031 Red(PMS-186c) Designer Jaime D. Project Manager Substrate (S-1) 7328 White acrylic (P-1) Black cabinet & pole Directional 2 Scroll Down For Next Page Eletrical needed 20 AMP - 120 or 277 VAC www.Innovative-Signs.com (A) - Double sided Internally lit cabinet; painted black cabinet & pole 7328 White acrylic faces(S-1) Translucent cut vinyl (V-1) on face with copy weeded out 6ft Side Profile Side 2 15in 2ft 4ft 1ft 8ft Round S/S (1) 4” - 4.5“ - O.D Wall: Sch. 40 D/S Sides Mounting Pole Shape Pole Size Surveyor Arch. Plans Saddle Mount Sq Ft. 36 6ft 6ft 2⅝” 2¾” 2” Page 18 of 19 Date 12/08/2025 Order # EST - 13288 Customer Truck Country - Germantown Brian H. Paint - Finish Specifications Vinyl (V-1) Oracal 8500-031 Red(PMS-186c) Designer Jaime D. Project Manager Substrate (S-1) 7328 White acrylic (P-1) Black cabinet & pole Directional 3 Scroll Down For Next Page Eletrical needed 20 AMP - 120 or 277 VAC www.Innovative-Signs.com (A) - Double sided Internally lit cabinet; painted black cabinet & pole 7328 White acrylic faces(S-1) Translucent cut vinyl (V-1) on face with copy weeded out 6ft Side Profile Side 2 - Blank 15in 2ft 4ft 1ft 8ft Round S/S (1) 4” - 4.5“ - O.D Wall: Sch. 40 D/S Sides Mounting Pole Shape Pole Size Surveyor Arch. Plans Saddle Mount Sq Ft. 36 6ft 6ft 2¾” 2” Page 19 of 19