The Board of Zoning Appeals is meeting 05/15/2023 at 7PM. They will be reviewing and voting on 4 zoning code variances related to 3 properties.
The first two variance requests pertain to a car repair and sales business located on Wisconsin Avenue. The owner wants to use the property as an auto sale and display lot but not provide landscape buggering or meet setback requirements. Section 23-66(h)(5)(b)(1)(ii) specifies that display lots shall have a 5-foot-wide buffer in the front yard. Section 23-66(h)(5)(b)(2)(ii) of the Zoning Ordinance requires landscaping adjacent to the right of way. The lot currently meets neither of those requirements.
The property owner is arguing that this “is how the property was being used previously and I just want to maintain the current use.”
Inspections Supervisor Kurt Craanen states in his report that “The property has been used as a repair and towing company for many years. It has not been licensed for auto display and sales in the past. The owner is proposing to sell vehicles and is required to obtain a special use permit from the Cit of Appleton. Because of this change, compliance wit the landscape buffering standards is required. The owner is proposing this change. Therefore, any hardship is self-created.”
The third variance request pertains to Rascal’s Bar on Wisconsin Avenue. They would like to increase their impermeable surface lot coverage to more than 75%, but Section 23-113(h)(2) of the Zoning Ordinance limits lot coverage in the C2 district to 75%.
The property owner would like to remove the grass area and tree on the west side of their property and install pavers instead. That area does not properly grow grass due to the cedar trees on the neighboring property blocking the sunlight. Per the variance request questionnaire, “Without the variance, our non grassy area becomes muddy and washes into our parking lot storm sewer which could cause an environmental issue. We have tried to grow grass in this area, but with the large trees surrounding the lot, the grass will not grow. Removing the grass and installing pavers would be the best use of this space and prevent the mud from draining into the storm sewers. The grass area used to be a gravel parking lot which could also be part of the reason the grass does not want to grow properly.”
Inspections Supervisor Craanen states in the staff report that “this is a self-cr[e]ated hardship because the owner is choosing to make this change by adding impervious [surface].”
The final variance request is for a residence on Pauline Street. The property owner would like to maintain a 7-foot fence but Section 23-44(a)(1)(a) of the Zoning Ordinance limits fence height to six (6) feet.
It looks like there is an ongoing dispute between neighbors. The applicant seems to indicate that he has a restraining order on his neighbor who he maintains is “crazy foaming at the mouth.” He states that the additional 1 foot of lattice on the top of the fence protects him from his neighbor being able to look right into his kitchen and dining room and shooting gravel pellets at his siding. He asks, “Please protect me with this variance.”
Inspections Supervisor Craanen maintains, “The relationship between neighbors or actions of individuals should not be considered a hardship.”
View full meeting details here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1100886&GUID=DD0C83CF-2C02-49A3-B3BD-820378E7F3A5
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