Board of Appeals
Tuesday, May 11 2010
TIME: 8:00 p.m.
LOCATION: at the Taycheedah Town Hall
NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Town of Taycheedah, Fond du Lac County, Wisconsin, will conduct a public hearing at the Taycheedah Town Hall, W4295 Kiekhaefer Parkway, on Tuesday, May 11th, 2010, at 8:00 p.m., for the purpose of considering a variance request submitted by Bryan J. Perl. Mr. Perl requests an exception to Section 13-1-80(a)(1), Existing Nonconforming Uses, of the Town of Taycheedah Code of Ordinances and Section 13-1-24(f)(3)(b), Highway Setback Lines. Mr. Perl proposes to construct a 64x12 deck/entrance onto the front of Perls Country Inn. The existing structure lacks sufficient front setback to comply with the ordinance. The property is located at W3675 CTH WH.All effected and interested parties are encouraged to attend and be heard. The Town Board members may be in attendance. Brenda A. Schneider Secretary of Appeals Board
The Town of Taycheedah Board of Appeals conducted a public hearing on Tuesday, May 11th, 2010, on behalf of Bryan Perl. Mr. Perl requests a variance to Sect. 13-1-80(a)(1), Existing Non-conforming Uses; and Section 13-1-24(f)(3)(b), Highway Setback Lines, of the Town of Taycheedah's Code of Ordinances to allow for the enlargement of a nonconforming structure with a reduced front setback. Members present were Chairman James Rosenthal, John Buechel, Tom Friess, Gale Burg and Jerome Bord. The Secretary, Brenda Schneider, recorded the hearing and took notes.
The Chairman called the hearing to order at 7:44 pm. The Secretary read the notice.
Howard Floeter, Cadre, Inc., was sworn in. His testimony was as follows:
Mr. Floeter represented Bryan Perl.
He was retained to develop preliminary plans; which include a site plan and elevation plan.
Mr. Perl proposes to construct a 64'x12' deck.
The deck is planned to be framed with treated wood and attached to the south face of the building plus five feet to the west to allow for an additional exit from the second floor.
The State mandated a Code compliant exit to the south.
The deck will sit on concrete footings as indicated on the elevation plan. It will have treated posts and deck boards. The railings will be 3'6" high and supported to 200# psf. The decking will support 100# psf.
The intent of the deck is to be an outdoor smoking area. Establishing a smoking area at the south side of the building would provide the least impact to the neighborhood.
The building pre-dates the current setback requirements.
The current front setback is 56.63 feet from the centerline of CTH WH. The deck will reduce the front setback to 44.63 feet.
The proposed deck will not cause vision issues with traffic flow.
The plans have not yet been submitted to the State. He is aware that the State must review and approve the plans. He indicated that the State has Perl under time constraints to provide a safe exit to the south.
Mr. Floeter indicated that State Code requires a minimum of 6'x6' access area and a 4' ramp.
The deck will be built over the existing retaining wall and landscaping.
The ramp around the west side of the building will provide handicapped access.
Bryan Perl was sworn in. His testimony was as follows:
Mr. Perl added that the structural changes to the building will be approximately $10,000. The deck is part of the changes. Mr. Perl was informed that the total modifications to the building over the life of the structure are limited to 50% of the fair market value.
The County requires a 40' setback from the center of the road.
Mr. Perl was informed that if the variance is approved, he must substantially begin the project within six months.
Mr. Perl responded that his hardship is that the State requires an exit platform on the south side of the building. It will be the only south side access for the second floor.
He plans to use some of the deck boards from the Fisherman's Cove; which would reduce the cost.
Chairman Rosenthal opened the public hearing for statements and questions. None were presented.
The Board of Appeals comments were as follows:
The fair-market value of the structure is $220,000. The estimated cost of the project is $4-5,000.
It was noted that Section 13-1-24(f)(3)(b) states that the front setback should not be less than 60 feet for Class 2 and Class 3 highways. The minimum is 100 feet.
It was also noted that Fond du Lac County does not object to the request.
The County would require at least 40 feet. The request would reduce the front setback to 44 feet.
May 11th, 2010 Board of Appeals 2.
Bryan Perl-Perl's Country Inn-reduced front setbacks/enlarge a nonconforming structure variance
The drinking of alcohol while on the deck would be legal if the liquor license is modified to include the deck in the premise description.
A proper exit to the south is being required by the State.
Board members voiced concern regarding objects being thrown from the deck into the roadway. The Board discussed limiting glass containers on the deck, but they acknowledged enforcement would be difficult. Mr. Perl responded that glass is not currently allowed on the volleyball court or the horse shoe pit. He noted that 95% of his patrons respect the rule.
The deck would improve the appearance of the structure and would improve the safe flow of people out of the building in the event of an emergency.
Gale Burg motioned to approve the variance requested for a 64'x12' deck, per the drawing submitted by Cadre, noting the State required exit on the south side of the building; which would have a front setback of 44.63' from the center of CTH WH. The motion was seconded by John Buechel.
Roll Call vote:
Jerome Bord aye Tom Friess aye
John Buechel aye Gale Burg aye
Jim Rosenthal aye Motion carried (5-0).
Mr. Perl was advised of the need to obtain State approval of his plans, the requirement to obtain a building permit from the Town and the expected inspections.
Mr. Perl was reminded that he must substantially begin the project within six months.
Motion by Jerome Bord, second by Tom Friess, to adjourn the public hearing at 8:43 pm. Motion carried (5-0).
Brenda A. Schneider
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