Zoning Board of Appeals Meetings and Agendas

VILLAGE OF PEWAUKEE
ZONING BOARD OF APPEALS MINUTES
JULY 22, 2021

1. Call to Order and Roll Call

Clerk Smith called the meeting to order at approximately 6:00 p.m.

Roll Call was taken with the following present: Kristine Tawil, Paul Evert, Douglas Joers, Leah Wank and Patricia Stonger.  Susan Seagrist and Theresa Opie were excused.

Also Present: Matt Gralinski, Village Attorney; Tim Barbeau, Contracted Village Engineer; and Cassie Smith, Village Clerk.

Clerk Smith asked the board for recommendations for acting as chairperson.

Kristine Tawil offered to Act as the Chairperson for the June 22, 2021, Zoning Board of Appeals meeting.
Tawil moved, seconded by Joers to approve Kristine Tawil as the Acting Chair for the June 22, 2021 Zoning Board of Appeals Meeting.
Motion carried 5-0.

a. May 6, 2021
Evert moved, seconded by Wank to approve the May 6, 2021 minutes of the Zoning Board of Appeals meeting with the following changes:
~Remove duplicate member Susan Seagrist
~Change the start time of the meeting to 6:00 p.m.
Motion carried 5-0.

3. Public Hearing

a. To consider a Request of Jon Howe and Gregory Howe as applicants and property owners, to construct a new 468 square foot (13’ x 36’) garage addition onto the east wall of the existing residential building located at 762 W. Wisconsin Avenue, which addition (like the existing residence) will be located within the designated (FF) Flood Fringe District. In contrast to the Code standard of no allowance of modification or addition of nonconforming structures in the Flood Fringe district.
Attorney Gralinski swore in John Howe and Joseph Zimmer.

John Howe @ 762 W. Wisconsin Ave - Mr. Howe stated he has been working with Architect Joseph Zimmer to place an attached garage on his property.

Joshua Zimmer @ 415 S Wells St, #105, Lake Geneva - Mr. Zimmer stated that he learned through his own research that the property was in a floodplain fringe district and non-conforming property.  Zimmer stated that placing a garage is not putting any human lives in danger and that the structure will be storing items as provided in the code.  The proposed garage will be located on the east wall of the house and it will not be supported by the existing residence.  Zimmer explained that the property would have been permitted to have a garage if it was not located in the floodplain fringe and the only way they could comply now would be to raze the existing structure and re-build within the current code guidelines.  The proposed garage will not affect the public interest or increase flooding concerns.  In response to P.Evert's question, the drainage pitch from the house to the garage is 4 inches.  

Village Attorney, Matt Gralinski confirmed that the documents submitted for the record were:

a)       Application for Zoning Board of Appeals
b)      Applicant write-up labeled the summary of proposed garage addition at 762 W. Wisconsin Ave
c)       Elevation Certificate dated 11/5/2014
d)      Architectural Drawings dated 6/4/2021

K. Tawil closed the public hearing at 6:32 p.m.

4. New Business

a. Discussion and Possible Action to consider a Request of Jon Howe and Gregory Howe as applicants and property owners, to construct a new 468 square foot (13’ x 36’) garage addition onto the east wall of the existing residential building located at 762 W. Wisconsin Avenue, which addition (like the existing residence) will be located within the designated (FF) Flood Fringe District. In contrast to the Code standard of no allowance of modification or addition of nonconforming structures in the Flood Fringe district.
Engineer Barbeau stated that Mr. Zimmer's presentation did a good job presenting what is being asked of the Zoning Board of Appeals.  In the floodplain fringe, there is a provision to allow a variance for additions but they must go before the Zoning Board of Appeals with the request.  The floor of the new structure cannot be below the flood elevation of 860; their garage will be at 861.37.  The proposal does not endanger human lives, and the applicant indicates storage will be at least 2' off the floor and he is not worried about the garage being flooded and he referenced that other structures have been allowed to be in the floodplain fringe.  Barbeau responded to P. Stonger, the structure proposed will not cause someone else's building to be flooded.  

Attorney Gralinski stated that the Zoning Board of Appeals must provide evidence to show that the following criteria is met to grant the variance:

1. 1. 1. Enforcement of the ordinance provisions will cause an unnecessary hardship
      2. The hardship is due to the adoption of the floodplain ordinance and the unique property conditions not common to adjacent lots.
      3. The variance is not contrary to the public interest.
      4. The variance is consistent with the purpose of the floodplain ordinance.

Evert moved, seconded by Tawil to approve the variance request for 762 W. Wisconsin Ave as requested due to the following conditions:
1) The Hardship was the ability in providing security and safety from inclement weather.
2) The unique characteristic was that this property exists in the floodplain fringe district which requires the Zoning Board of Appeals to approve new construction.
3) No adverse comments were made about the application from residents and the request is consistent with the surrounding area.
4) This variance is consistent with the floodplain fringe ordinance as the proposed building will not adversely impact the property.
Motion carried 5-0.

b. Discussion and Possible Action to Determine Future Meeting Date (if needed). None needed

5. Adjournment

Evert moved, seconded by Stonger to adjourn the July 22, 2021, Regular Zoning Board of Appeals meeting at approximately 6:58 p.m.
Motion carried 5-0.

Respectfully Submitted,

Casandra Smith
Village Clerk