Board of Appeals Minutes 02/28/2012 - Village of Caledonia

1. Roll Call
MINUTES
VILLAGE OF CALEDONIA ZONING BOARD OF APPEALS BOARD MEETING
East Side Community Center – 6156 Douglas Avenue, Racine, Wisconsin
Tuesday, Feb. 28, 2012 – 9:00 A.M.
Rubinson called the meeting to order at 9:05 a.m. and explained the meeting process.
Board Members in attendance were: Lisa Bell, Roseanne Kuemmel. Steve Rubinson. Not present
Everette Fitch, Tom Spieker. Judy Tomachek was excused. There was a quorum present.
Present: Village Administrator Tom Lebak.
Staff present: Jarmen Czuta of Racine County Development Services to assist the Board on regulations
and requirements. Brian Jensen of Racine County Development Services was present in the audience.
2. Review and Possible Approval of Minutes from October 25, 2011.
Rubinson asked for a motion to approve the minutes. Kuemmel made a motion to approve the minutes
from the October 25, 2011 meeting. Seconded by Bell. Voice vote, 3/0. Motion carried unanimously.
3. Board Meeting.
A. Fritz’s of Racine, LLC Cost of past and proposed tavern additions
4234 Douglas Avenue will exceed 50% of the fair market value of
Racine, WI 53402
the existing nonconforming structure/use, the
104-04-23-29-599-000 entryway has an insufficient and nonaverage
(LAID OVER ON 10/25/2011)
street yard setback (no permit), and the
detached garage has insufficient rear and side
yard setbacks (not constructed per permit).
Jarmen Czuta read the public hearing notice. At the 10/25/20122 BOA meeting this was laid over with
the objective to allow the applicant additional time to reevaluate the plans to become more code compliant. In
February 2012, Czuta met with the owner of Fritz’s and information was submitted to address the Board’s
concerns. In Mr. Vernon’s letter dated 2/1/2012 (rec’d 2/6/2012 at Racine County Code Admin.) he indicates
he did get the zoning changed from M-3 to B-3 at the 12/6/2011 Village Board Meeting. Second was the
location of the garage. He would have the garage relocated in the summer of 2014 and if finances were in
place, it would be moved sooner. Third was the question of when his front entrance was built. He could not
find any pictures or documents to make that determination. He did obtain a statement dated 2/1/2012 (rec’d
2/6/2012 at Racine County Code Admin.) from Gerald Exner who states it was there in the 1960s. Letters
attached.
Czuta read Julie Anderson, Director of Racine County Public Works and Development Services, dated
2/22/2012 outlining what issues the variance request would need to address.
Rubinson stated the Board will address one issue at a time.
First: Zoning has been changed from manufacturing to business (M-3 to B-3) at the Caledonia Village
Board meeting on 12/6/2011. Under the new zoning, the business is compliant. Issue in question now is the
addition, because of exceeding 50% FMV limit. Czuta added that because of the past additions, the building
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already exceeds the 50% Fair Market Value limit and for any addition, a person will have to go before the
Board.
Bell made a motion to grant the variance for the addition to provide a smoking area. Kuemmel second.
Voice vote, 3/0. Motion carried.
Second: Existing Entrance. The issue was did the entrance exist before the current code was put into
place on 9/17/1970. Vernon had a letter from Gerald Exner dated 2/1/2012 and received at Racine County
Code Administration on 2/6/2012. Exner stated he knew the front entrance was in place in the 1960s when the
establishment was called Aw Come On In. The door was in the same location in around 1944 when he
delivered newspapers.
Kuemmel made a motion to approve the entry way as a nonconforming structure. Bell second. Voice
vote, 3/0. Motion carried.
Third: Detached garage. Vernon stated he will move the garage to a conforming location no later than
the summer of 2014 and sooner if finances become available. If he cannot move the garage, he will tear it
down. Czuta stated zoning can make sure that will be done.
Bell made a motion to give Vernon until 11/1/2014 to rectify the location of the garage. Kuemmel
second. Voice vote, 3/0. Motion carried.
Vernon stated he tried to locate pictures to show when the front entrance was added. He went to the
Racine Journal Times newspaper and they sent him to the library. At the library he was told unless he had a
date, it would take years to locate a picture.
Rubinson asked the Board if there was anything else they would like to discuss. There was not.
Czuta read conditions:
The Board granted approval as:
1) The Racine Co. Development Services staff, who is contracted by the Village to review Zoning
matters had no objection to this request per content in the Feb. 22, 2012 correspondence.
2) Submitted documentation and Board Meeting testimony established a need for:
a) the tavern addition, and
b) a garage of this size to protect the owner’s belonging from the effects of the outdoor
environment and the need to preserve the substantial property rights of the owner.
3) The variance does not appear to be contrary to the purpose and spirit of the ordinance as:
a) the proposed addition is consistent with the existing development in this area, and
b) per a written statement from a Caledonia resident the existing covered entryway was built
prior to the adoption of the revised Racine County Zoning Ordinance and the proposed addition will not
encroach further into the required street setback.
4) The request does not appear to create substantial detriment to adjacent property as:
a) there was no significant opposition shown at the meeting,
b) area property owner submitted oral support for this proposal and the public interest does not
appear to be negatively impacted by this proposal.
5) to comply with the ordinance would render conformity with such restrictions as unnecessarily
burdensome.
6) The applicant is responsible for abiding by required performance standards listed in Article VII,
Division 4, of Chapter 20 of the Racine County Code of Ordinances.
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Standard Conditions:
• The applicant must allow full and unlimited access to the project site at a reasonable time to any
Development Services Department employee who is investigating the project’s construction,
operation, or maintenance.
• Before beginning this project, the applicant must obtain a zoning permit card from this office
after paying the required fee of $1070, an additional $15 to revise the 1995 zoning permit for
relocating the detached garage. This card must be displayed in a prominent location at the
project site. Also, a copy of these conditions must be kept at a proposed project site at all times
until the project has been completed.
• This variance approval will expire on August 28, 2012, unless substantial work has commenced
pursuant to such grant. No construction may begin after such time unless an extension is granted
in writing by the Racine County Zoning Board of Adjustment.
• This applicant is responsible for obtaining all necessary federal, state, and local permits,
approvals, and licenses and for abiding by all applicable codes and regulations.
• No additions, deletions, or changes may be made to these conditions without the prior approval
of the Zoning Board of Adjustment.
• Failure to comply with the terms and conditions stated herein may result in the issuance of
citation(s) and/or revocation of this approval/permit.
• Your accepting this variance approval and beginning the project means that you have read,
understand, and agree to follow all conditions of this approval. Therefore, Fritz’s of Racine,
LLC, their heirs, successors, and assigns are responsible for full compliance with the above
conditions. It is the property owner’s responsibility to inform any subsequent owner or operator
of these conditions.
There were no additional comments from the Board.
Rubinson called for a vote approving the conditions as stated. Voice vote, 3/0. Motion carried.
B. Other business as authorized by law.
No other business
C. Adjourn
Bell made a motion to adjourn the meeting. Kuemmel second. Voice Vote. Motion carried
unanimously. The meeting was adjourned at 9:58 a.m.
Respectfully submitted,
Mary Jo Schmidt
Eng./Bldg. Adm. Asst. II
Village of Caledonia
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