Minutes of Hearing & Meeting 7/7/09

Minutes of the Board of Appeals Public Hearing and meeting held on Tuesday, July 7th, 2009 pursuant to notice duly given.


Ron Hayes, Acting Chairperson opened the public hearing at 4:00 p.m. for the request from Colt Schwaller, 100 Jackson Street, Oconto, WI for a variance from Section 13-1-42 (g) (1) Front Yard Setback for (R-2) Residential 2 zoned district which requires a twenty-five (25) foot minimum setback. Applicant would like to put a deck 12’ x 26’ off of the front door of his house.

Present for the Board of Appeals: Ron Hayes, Ken Hayes, Mike Pecor, Dick Doeren, Brian Rice and Wm. Pries. Sue Exworthy excused. Also present applicant Colt Schwaller, Ron Banach, Building Inspector and Linda Belongia, Administrator and as recording secretary.

Schwaller stated they want the deck to update their house; have discussed the proposed deck plans with the neighbors and no one has any problems; R Hayes stated at the site visit before today’s meeting they realize the applicant has no room in back to put on a deck; Schwaller stated he only has 6’ or 7 ‘ from the back property line to his house; Banach stated the house when built in 1969 is only sitting 21’ from the front property line, they have no room; R Hayes stated looking at the neighborhood area, one has steps right off the front of the house; Rice questioned if the marked off area is where Schwaller intends to build the deck; Schwaller stated he has the area taped off showing where he intends to build the deck; Pries questioned if the deck will have a roof? Schwaller stated the deck will not have a roof, will be flush with the current front door;

Hearing no additional questions from the board, R Hayes closed the hearing at 4:05 p.m.

1. Acting Chairperson Ron Hayes called the meeting to order at 4:05 p.m.
2. Roll call: Ron Hayes, Ken Hayes, Mike Pecor, Dick Doeren, Brian Rice and
Wm. Pries. For today’s meeting Wm. Pries will not be a voting member.
Also present: Ron Banach, Building Inspector and Linda Belongia,
Administrator and as recording secretary.
3. Moved by Doeren seconded by Rice to approve of the agenda as presented.
Motion carried upon verbal voice vote. 5 ayes
4. No correspondence or public input.
5. Deliberation and decision by the Board of Appeals on request from Colt
Schwaller, 100 Jackson Street, Oconto, WI for a variance to the municipal
code of ordinances, Sec. 13-1-42(g) (1).
Rice stated the applicant has no other place to put a deck on…by todays
standard’s applicant may not even have a buildable lot; R Hayes questioned
Banach if historically we have done such variances? Banach stated yes; K
Hayes stated we had a similar request a few years ago for the property on the
corner of Park and Jackson Street;
Moved by Rice seconded by Doeren to grant Colt Schwaller a variance to the
Municipal Code of Ordinances, Sec 13-1-42(g) (1) as requested to build a
deck 12’ x 26’ off the front door of his home at 100 Jack Street and requiring
that applicant comply with all city ordinances regarding the building of the
deck.
Motion carried upon verbal voice vote. 5 ayes

R. Hayes as acting chairperson notified Mr. Schwaller that a copy of the
Decision of the Zoning Board of Appeals will be mailed to him stating the
action by today’s meeting. Hayes also stated that the decision by the board
may be appealed within 30 days from today’s meeting, stating if Schwaller
started the project before the appeal period he could be subject to removing
the deck if someone appealed the board’s decision.

6. Moved by K Hayes seconded by Doeren to adjourn. M/C
Meeting adjourned at 4:15 p.m.


Minutes submitted by
Linda M. Belongia,
Administrator