Bd of Appeals Minutes

Minutes of the Public Hearing and Meeting of the Board of Appeals held on Tuesday, December 29th, 2009 at city hall pursuant to notice duly given.

Present: Sue Exworthy, Ken Hayes, Brian Rice, Ron Hayes, Wm. Pries, Paul Mogged, Mayor Nerenhausen, Ron Banach and Linda Belongia, Administrator and as recording secretary.

Chairperson Exworthy opened the public hearing at 4:50 p.m. for the request from NEWCAP for 423 Congress Street, Oconto, WI., for a variance from Section 13-1-42(f)(1) Lot Size which requires 90’ minimum at the street line and Section1 3-1-42(g)(3) Side yard setback which requires a 25 foot minimum for Residential 2 areas. NEWCAP would like to combine the three lots at this address, making two new 75’ lots to build two duplexes.

Paul Mogged present as the agent for NEWCAP. Mogged stated the plan for the proposed new duplexes creates an encroachment issue on the side yard setback on common yard side; referenced plan NEWCAP has on the duplexes they built on Baldwin; initially wanted to build a four plex on this site but that would require a zoning change and he was told the city wasn’t in favor of that so they are requesting a variance to build two duplexes; Pries stated this is hard for the board to decide, what size are the proposed duplexes, what is the lot size? Mogged stated the duplexes will be 82’ x 41’ and would go in the long way on the lots because of the lot size; Banach stated the lots are described as Lots 19, 20 & 21 and are 50’ x 130’ each; Banach stated he had nothing further to add other than NEWCAP is asking for a variance from our ordinance; Hayes questioned if NEWCAP has other duplexes like what is being proposed? Mogged stated yes; Hayes questioned if NEWCAP has other plans that would work for this property…putting just one duplex on the property? Mogged stated no that would be a poor use of space, having just one; Hayes stated but you are asking us to cram two on a city lot; Mogged stated your ordinance makes these lots nonconforming; Exworthy questioned Banach if we have any ordinance that states which way a door must face on a home? Banach stated no, just that where the door is will determine the physical address; discussion on setbacks; Mayor stated the board has two issues…is this a condominium…and then lot size ordinance states 90’ are we going to allow a 75’ lot; hardship is whether something can be built on a 75’ lot; can they design a building to fit on a 75’ lot? Exworthy stated Mogged comments on keeping the duplexes in line with other homes…to fit with other homes; Pries stated…board must remember the garages will be out in front...that’s what you will see; discussion…typically applicant comes in and knows how much of a variance they need…what are they short…to meet their plan…on this one we don’t know; Hayes stated we have is one parcel that has three lots…we have an ordinance that requires 90’ of street frontage…if we grant the variance as requested we are going against our ordinances;

Exworthy hearing nothing further closed the public hearing at 5:25 p.m.

1. Chairperson Exworthy called to order the meeting of the Board of Appeals at 5:25 p.m. Noted for the record that Mr. Pries and Mr. Rice will be voting members for tonight’s meeting. Also noted for the record that Paul Mogged is the agent present representing NEWCAP. Board will be deliberating on request from NEWCAP for an area variance.
2. Roll call: Sue Exworthy, Ken Hayes, Brian Rice, Ron Hayes and Wm. Pries. Also present: Paul Mogged, Mayor Nerenhausen, Ron Banach, Bldg Inspector/Assessor and Linda Belongia, Administrator and as recording secretary.
3. Moved by Rice seconded by K Hayes to approve of the agendas as presented.
Motion carried upon verbal voice vote. 5 ayes
4. No additional public appearances or correspondence.
5. Deliberation and decision by the Board of Appeals on request from NEWCAP, represented by Paul Mogged on 423 Congress Street, Oconto,
WI for a variance to the municipal code of ordinances Section 13-1- 42(f)(1) & 13-1-42(g)(3).
Discussion; Exworthy stated board can grant request in full or part; R Hayes stated or it can be denied; Rice stated per our duty we must show
the hardship on this request; does a hardship exist looking at our
ordinance; Pries stated no, the hardship is because of what they want to
build on the property;

Moved by Pries seconded by R Hayes to deny the request from NEWCAP for a variance to the Municipal Code of Ordinances, Section 13-1-42(f)(1)
& 13-1-42(g)(3).
Motion carried upon verbal voice vote. 5 ayes

6. Moved by Rice seconded by K Hayes to adjourn. M/C
Meeting adjourned at 5:38 p.m.


Minutes submitted by
Linda M. Belongia,
Administrator