Plan Commission Meeting Minutes – September 17, 2020

PLAN COMMISSION

A meeting of the City of Kaukauna Plan Commission was called to order at 4:00 p.m. on Thursday, September 17, 2020, by Chairman Penterman.

Members Present: Feldt, Feller, Moore, Penterman, Schoenike, Sundelius, Thiele.

Also Present:  Planning Director Jakel, Principal Planner Brunette, Alderman DeCoster, Project Engineer John Neumeier, Assistant Fire Chief Foss, Applicants, Interested Citizens.

1. Minutes. A motion to approve the minutes of the August 27, 2020, meeting was made by Moore, seconded by Feldt.  All members voted aye.  Motion carried.

2. Public Hearing on Special Exception Request – 105 West Third Street (Zacharias). Jakel explained that State statutes do not allow denial of Special Exceptions without specific findings.  The property in question was converted from commercial to residential space without permits by the previous owners. Per state statutes, the Commission cannot deny the special exception, however, reasonable conditions can be put in place.  Chairman Penterman declared the Public Hearing open at 4:10 p.m. and asked three times in anyone present at the meeting wanted to speak in favor of or in opposition to the request.    Mary Hoffman, owner of Hill Street Bar and Grill, 101 West Third Street, explained that she has no objection to the residential use of the property based on its previous use.  Applicant Amy Zacharias, 105 West Third Street, explained that they purchased the building as a home for her elderly mother as it was near their business and that they were not aware of the zoning at the time of the purchase.  Ms. Zacharias explained that they would work with the City on compliance.  Applicant Troy Zacharias, 105 West Third Street, explained that he met with Assistant Fire Chief Foss who explained that the building was listed as vacant/storage for five+ years.  Mr. Zacharias explained that he is looking to follow City codes and comply with any conditions.  Alderman DeCoster, 121 West Wisconsin Avenue, explained his objection to the request as a business owner due to a similar situation on Wisconsin Avenue that has resulted in parking issues.  He explained that the properties were listed a commercial with local realtors and the residential use is not good land use.  Ms. Zacharias explained that the Wisconsin Avenue property is located in a very active area of the downtown and they plan to make adjustments to their current parking to accommodate tenants.  Ms. Brunette explained that the Special Exception process is governed by the zoning code and has nothing to do with the activity of the area.  The Commission’s decision should be related strictly to zoning.  Chairman Penterman declared the Public Hearing closed at 4:20 p.m.

3. Special Exception Request – 105 West Third Street (Zacharias). Mr. Sundelius clarified that the application cannot be denied without reason. Brunette explained that proof of evidence would be required to deny the application and suggested modifications to the zoning code going forward.  Mr. Jakel explained that the Commission would need a strong argument to deny the request and that the applicant must be given the opportunity to comply with any conditions.   Mr. Schoenike asked about proposed improvements to the building – specifically the exterior.  Ms. Zacharias explained that they would be removing a tree on the property and painting the exterior in addition to improvements to the interior.  Mr. Zacharias explained that they would be fixing up an existing shed along with whatever else is needed.  Mr. Moore explained that the whole corridor is zoned commercial however he did not believe the proposed use would be detrimental to commercial development in the downtown.  Mr. Schoenike agreed and added that he would like to see as many aesthetic improvements to the exterior as possible.  Mr. Feldt agreed and asked about recommended conditions for approval. Mr. Jakel suggested requiring inspections for compliance with UDC as improvements were made previously without permits.  Ms. Thiele explained that she had heard from an adjoining property owner who would like to see some use of the building – including residential – versus the building being vacant.    Ms. Feller agreed and explained that an occupied building is preferable to one that is vacant.  Chairman Penterman explained that he disliked seeing a commercial space being removed from the downtown.  A motion to recommend to the Council approval of the Special Exception request for 105 West Third Street contingent on interior compliance with UDC and the applicant’s acquiring the appropriate building permits for the improvements was made by Moore, seconded by Feller.  Upon roll call, five aye (Feldt, Feller, Moore, Schoenike, Thiele), two nay (Penterman, Sundelius).  Motion carried.

4. Amending Uses Permitted via Special Exception in CCD Zoning Districts. Ms. Brunette explained that the State of Wisconsin took away local authority limiting control over special exceptions and suggested the Commission look at making our zoning code more restrictive by including language that would apply to one property and require an ordinance change and review by the Plan Commission, Legislative Commission and Common Council. The process would be lengthy with more public noticing but would help the City retain local control versus having our hand forced.  Sundelius asked about action at the state level to reduce impacts.  Ms. Brunette explained that she hadn’t researched what other communities were doing at this time but that we could be innovators.  Mr. Jakel explained that he was leery of the plan and would like to see more research relative to comprehensive plan reference and compliance with other statutes and suggested eliminating the special exception option for downtown districts.  Ms. Brunette suggested removing first floor residential but keeping the option to work around it.    Mr. Jakel suggested eliminating the clause and adding project specific petitions for rezoning.  Mr. Sundelius asked if special exceptions were an option throughout the zoning code.  Ms. Brunette explained that it would be limited to the downtown zoning district.  Mr. Jakel explained that other districts come to mind that may be problematic.  Mr. Feldt agreed with tightening up the code.  A motion to direct the Planning Department to develop a recommendation for Plan Commission review was made by Thiele, seconded by Feldt.  All members voted aye.  Motion carried.

5. Vacation of Storm Water Easement for Lots 85 – 89 of Wildenberg Estates III. Neumeier explained that a storm water pond at the northwest corner of Marie Drive was moved north by WDNR. The plat originally showed a 60’ easement along the backyards of Lots 85 through 89 which can now be reduced to 20’ and still retain full use and purpose of the pond.  Chairman Penterman asked if that would create a deeper backyard and allow the placement of structures.  Mr. Neumeier explained that the property owners would gain 40’ of useable space in their backyards.  Mr. Moore asked about the original size of the lots. Mr. Neumeier explained that the size of the lots will remain the same – just the size of the easement is being adjusted.  Mr. Schoenike asked if the adjustment would affect assessed values.  Mr. Jakel explained that it would likely, however only minimally.  Ms. Brunette explained that the Assessor is notified of all improvements.  Property owner Brian Fiedler explained that all owners of affected properties have signed a petition in favor of reducing the easement.  A motion to direct staff to draft a resolution for Council approval reducing the storm water easement for Lots 85 through 89 of Wildenberg Estates III from 60’ to 20’ was made by Schoenike, seconded by Sundelius.  All members voted aye.

There being no further business to be brought before the Commission, a motion to adjourn the meeting at 5:05 p.m. was made by Feldt, seconded by Feller.  All members voted aye.  Motion carried.

Julianne Schroeder
Community Development Coordinator