Zoning Board of Appeals 6-28-16

CITY OF ANTIGO ZONING BOARD OF APPEALS MINUTES OF MEETING HELD JUNE 28, 2016 Members Present: John Warner, Toni Schneider, Helen Wanca and Bruce Kommers Members Absent: Todd Langseth Others Present: John Markowski; Lawrence Cahak, Sr.; Roger Musolff, Building Inspector/Zoning Administrator; Mark Desotell, Director of Administrative Services; and Jaime Horswill, Utility/Clerical Assistant. This meeting of the Zoning Board of Appeals was called to order on the above date at 6:00 p.m. in the Multi-Purpose Room, City Hall. Bruce Kommers served as Chairperson and Jaime Horswill, Utility/Clerical Assistant, recorded the minutes thereof. Public Hearing regarding a Variance from the Provisions of Section 14-748 (4), Ordinance No. 1095B, the Municipal Code of the City of Antigo There was no one present wishing to address the variance change. After complying with statutory procedures, Chairperson Kommers closed the public hearing at 6:02 pm. 1. Request to allow Lighthouse Baptist Church to install a fence on property lines rather than the required two foot setback at 615 and 619 Deleglise Street (Parcel Nos. 201- 1839.003 and 201-1839.004). Roger Musolff, Building Inspector/Zoning Inspector, indicated that the fence has been installed. The church was having problems with people driving through the parking lot. Everyone with adjoining properties are fine with the fence installation. Mr. Musolff suggested the board recommend changing the ordinance to the Finance, Personnel and Legislative Committee as a lot of appeals to this board are fence issues. Schneider moved, Wanca seconded, to allow Lighthouse Baptist Church to install a fence on property lines rather than the required two foot setback at 615 and 619 Deleglise Street as requested. Carried 4-0, Absent 1. APPROVED Public Hearing regarding a Variance from the Provisions of Section 14-746 (4), Ordinance No. 1095B, the Municipal Code of the City of Antigo John Markowski, 1209 Tenth Avenue, advised that he purchased the property in 2012. He has done a tremendous amount of work to the property. Mr. Markowski advised that behind the residence is an open field, which at one time was a trailer park. His property was overrun with trees and vines. This has since been removed with grass replanted. Mr. Markowski noted that the previous garage was old and full of cracks. He has torn the garage down and wishes to build a new one. Mr. Markowski showed a drawing of the layout of the home. He will have an asphalt circle driveway on the property. 1207 Tenth Avenue was also purchased by Mr. Markowski. He purchased this as a guest house. Mr. Markowski indicated that his land is substantial enough that the garage would not be an eye sore or overpowering. He plans on a regular garage with the same siding that will be on the house. Upon inquiry by Toni Schneider, Mr. Markowski noted that there are two parcels (1207 and 1209 Tenth Avenue). Mr. Markowski indicated that Mr. Musolff has spoken to him about drainage in the garage and the lot lines were determined, so he will be three feet from the lot line by ordinance. Mr. Musolff advised that in order for the variance to be granted the petitioner has to prove it will cause a hardship if it is not granted. The ordinance allows for up to a 1,000 foot accessory building and this is almost three times what the ordinance allows for. This may be setting precedence. Mr. Markowski advised that this garage will serve two properties. Mark Desotell, Director of Administrative Services, indicated that this may be of concern at a time of sale. Mr. Musolff indicated that Mr. Markowski could build an attached two car garage and then up to a 1,000 square foot accessory building unattached per ordinance. He could build a three stall unattached garage. Ms. Schneider indicated that these cases should be looked at on a case by case basis as there is plenty of room on this property. Helen Wanca advised that you see more and more three stall garages on newer homes in the area. Mr. Musolff concurred that there is a lot of space on this property, however, a precedence is being set. Mr. Musolff further indicated that when putting up a building, by ordinance you cannot exceed 33% of your green space, which he will not be doing. Upon inquiry by Ms. Wanca, Mr. Markowski advised that the properties are on two separate tax bills. He attempted to combine the parcels, but was unsuccessful. Mr. Musolff indicated that you cannot have two residences on one parcel. Upon inquiry by Mr. Desotell, Mr. Markowski indicated that there will be three overhead doors. Upon inquiry by Ms. Schneider, Mr. Markowski indicated that it may be valued at more than the home once it is completed. However, little by little he is fixing the house up, but is more concerned with the outside right now. Upon inquiry by Mr. Desotell, Mr. Markowski indicated that he needs the circular driveway and would not be able to utilize an attached garage. Upon inquiry by Ms. Wanca, Mr. Markowski indicated that the circular driveway serves as a driveway for the neighboring parcel as well. Bruce Kommers noted possible issues with the circular driveway if the other parcel were ever sold. Upon inquiry by Ms. Schneider, Mr. Markowski indicated that he needed the garage to be so large as he has two trailers, a camper, three vehicles, etc. He does not want things outside, he wants everything inside so the property looks nice. Mr. Kommers and Ms. Schneider indicated that they are worried about a future sale. Mr. Markowski indicated that he has no intentions on selling, but if something were to change, he would have to sell both properties together as the smaller property is like a guest house. The way everything is set up, both properties need to be together to be enjoyed. John Warner indicated that a gentleman built the smaller house for his mother next to his property so that he could help her out when needed. Upon inquiry by Ms. Wanca, Mr. Musolff indicated that the garage will not look out of place, however, if the houses were sold separately there will be a shared driveway and no garage. He is also concerned with setting a precedence. This is almost three times the allowable size. Mr. Desotell noted that on a fifty foot lot, which is the smaller lot, a two car garage should fit. This would help with resale at a future date. Mr. Markowski suggested a stipulation that the two properties remain together in future activity. The board advised that a stipulation is not necessary as the properties are separate properties and cannot be combined as one as there are two residences. Upon inquiry by Ms. Wanca, Mr. Markowski indicated that the smaller home has no basement and is just on a slab. Someone is currently living in it. Mr. Markowski suggested splitting the property line down the center of the garage to which Mr. Musolff noted that you cannot have one building on two different lots. There was no one further wishing to address the variance change. After complying with statutory procedures, Chairperson Kommers closed the public hearing at 6:36 pm. 2. Request to allow John Markowski to allow garage to be an additional 1,800 square feet larger than allowed by ordinance (total square footage of 2,800) to share garage with 1207 Tenth Avenue which is also owned by applicant, John Markowski, at 1209 Tenth Avenue (Parcel No. 201-2976) Warner moved, Wanca seconded, to allow a garage at 1209 Tenth Avenue to be an additional 1,800 square feet larger than allowed by ordinance (total square footage of 2,800) to share garage with 1207 Tenth Avenue as requested. Carried 4-0, Absent 1. APPROVED 3. Any Other Matters Authorized by Law to be Considered Mr. Musolff advised that this board could recommend to the Finance, Personnel and Legislative Committee to amend the fence ordinance to a zero lot line clearance. REFER TO NEXT MEETING 4. Adjournment Kommers moved, Schneider seconded, to adjourn at 6:38 p.m. Carried 4-0, Absent 1. APPROVED Bruce Kommers, Chairperson Date