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Board of Appeals
Monday, May 16 2016
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing


Town of Taycheedah
Fond du Lac County, Wisconsin
Notice of Public Hearing

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, Fond du Lac, on Monday, May 16th, 2016, at 6:30 p.m., for the purpose of considering a variance request submitted by R.A.M. Investments, Inc. R.A.M. requests an exception to Section 13-1-54(d)(6), Minimum Lot Size, of the Town of Taycheedah Code of Ordinances. R.A.M. requests approval of a Certified Survey Map creating three substandard lots located on Lake Park Drive.

All affected and interested parties are encouraged to attend and be heard.

The Town Board members may be in attendance.

Brenda A. Schneider
Board of Appeals Secretary


MAY 16th, 2016

Present were Vice Chairman John Buechel, Erv Karls, Joe Sabel, Tom Friess, Jason Meyer and Secretary Brenda Schneider. Also present were few interested persons.

The purpose of the public hearing was to consider a variance requested by R.A.M. Investments, Inc. R.A.M. for an exception to the Code of Ordinances, Section 13-1-54(d)(6), Minimum Lot Size, for the approval of a Certified Survey Map creating three substandard lots within Sandy Beach Business Park.

The Secretary, Brenda Schneider, taped recorded the hearing and took notes.

Vice Chairman Buechel called the public hearing to order at 6:30 p.m. The Secretary read the notice.

Mike Korb, N7814 Sandy Beach Road, representing R.A.M. Investments, Inc., was sworn in. His testimony was as follows:
In 2014, R.A.M. was before the Board of Appeals for the same variance for a different lot within the Sandy Beach Business Park.
They have created a number to substandard lots that were approved in the past. There are an estimated 8-9 lots less than one-acre at this time.
Each of the three substandard lots contained in the Certified Survey Map are one-half acre or more and meet the 100' minimum. The lot is currently 2.0 acres.
Korb indicated they originally created a number of two-acre lots knowing that they could split them down.

Early February, 2014, the Town Board formally increased the minimum lot size from one-half acre to one acre.

Clerk Schneider informed the Board of Appeals that, per the request of R.A.M., the Town Board initiated an amendment to the Zoning Code that would have decreased the minimum lot size back to one-half acre. The Plan Commission's recommendation, after conducting a public hearing, was to not reduce the minimum lot size. The Town Board formally sustained the current one-acre minimum.

Kevin Twohig, N7618 Sandy Beach Road, partner in R.A.M. Investments, Inc., was sworn in. His testimony was as follows:

They are aware the Town Board decided to keep the one-acre minimum. They also have the understanding that a variance is needed for every split.
The buildings fit well on the smaller lots.
Small lots are more saleable.

Member Jason Meyer referenced the first variance application for substandard lots, noting that R.A.M. was in the process of selling one of the smaller lots when the minimum lot size changed.

Twohig commented that they are ready to go on one of the substandard lots and they have interest in the middle lot.

The floor was opened for opposition. No interested or affected parties were in attendance to object to the variance petition.

Vice Chairman Buechel declared the public hearing closed at 6:45 p.m.

Board of Appeals deliberation was as follows:
More buildings would increase tax revenue.
The minimum lot size was increased in 2014 but the application doesn't meet the criteria for a hardship.

Clerk Brenda Schneider explained that the Comprehensive Planning Committee spent approximately two years meticulously analyzing the Zoning Code. The Plan Commission recommended approval of the amended Zoning Code. The amended Zoning Code was approved by the Town Board. An increase in the minimum lot size in B-1 zoning was one of the numerous changes recommended by the Comprehensive Planning Committee. The Committee was of the opinion that a 1/2 acre lot was not an appropriate amount of land for an active business.
Schneider also noted that Shoreland Zoning currently does not apply impervious surface restrictions on business zoned property. The County is expected to adopt changes to the Code around the end of the year that would apply 40-60% impervious surface restrictions business properties. Schneider noted that, unlike other lots within the Sandy Beach Business Park, the lot in question is not within the Shoreland Zoning District.

Vice Chairman Buechel questioned the petitioner's hardship. Mike Korb responded that the Town changed the game in the middle. He believes that high-intensity businesses will buy bigger lots.

Schneider reminded the Board of Appeals that the Zoning Code allows for approximately more than 50 different types of businesses to operate on B-1 zoned land with no special permission from the Town. As an example, the Winters building began as a low-intensity use; now it includes a nail and hair salon. Parking is limited causing vehicles to frequently park on the road. Korb responded that if parking is an issue, the Town will need to require the owner expand his parking lot.

Mike Korb responded, when asked by a member about the possibility of splitting the two-acre lot into two one acre lots, that they could but he has a buyer interested in less than one-acre.

Schneider noted that R.A.M. created a two-acre lot subdivision when one-half acre was minimum. Eric Freiberg, 632 Ledgeview Boulevard, responded that they determined that two-acre lots were a manageable size with the understanding that smaller lots could be created. Twohig believes that more intensive business would be on the lots between Winnebago Drive and Lake Park Drive.

Motion by Erv Karls, second by Tom Friess, to approve the variance and hereby authorize the Town Board to approve the Certified Survey Map splitting Lot 12 into three lots under one-acre. Roll call vote:
Joe Sabel aye Jason Meyer aye
Erv Karls aye Tom Friess aye
John Buechel aye Motion carried unanimously.

Jim Rosenthal, Town Board Supervisor, commented that the Town Board voted to keep the one-acre minimum. He added that the Board prefers to see one-acre lots.

Motion by Jason Meyer, second by Joe Sabel, to adjourn the public hearing at 7:06 p.m. Motion carried unanimously. (5-0)

Brenda A. Schneider

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