Board of Zoning Appeals - Regular Meeting

Please rise if you're able and join me for the Pledge of Allegiance. All right, we'll start with roll call of membership. Let the record show that Commissioner Palm and Robbins have been excused and that Mayor Woodford will be joining us virtually. I will start introductions from my left. Oh, and my name is Josh Lambert, District 1, older person for the City of Appleton.

Commissioner Doherty.

Commissioner Neuberger. Commissioner Carpenter. All right, with that, we're gonna move to the approval of minutes from our previous meeting, 26-0873, city plan minutes from 5-27-2026. Can I get a motion?

Motion to approve. Second.

Any corrections or adjustments to the minutes? Hearing none, can we get a vote for approval? All those in favor, please signify by saying aye. Aye. Opposed or abstentions? Hearing none, that passes five to zero. We have no public hearings or appearances today, so we're gonna move on to our action items. The first action item today is 26-0874, request to approve the Foxport extraterritorial final plot located in the town of Grand Chute as shown on the attached maps. I will entertain a motion if there's one. Motion to approve. Second. All right. With that, who will be addressing that? All right. Planner Kafka.

Four, please. Thank you. This is a final plat. It's in the town of Grand Chute, so it's an extraterritorial plat. It's within the city's extraterritorial plat approval jurisdiction. It's just shy of nine acres, the current parcel, and it's proposed to be divided into 22 lots and one outlot for single-family residential development.

Would you mind getting a little closer to the microphone?

Yeah, sorry. I thought I picked up more. The pre-plat was approved by Plan Commission back in February and by Common Council in March. After that, the applicant submitted this final plat, made the necessary revisions that staff required per our ordinances, and are recommending approval of the final plat.

All right, any questions from anyone on the commission? All right, hearing none, we have a motion and a second already to approve. All those in favor, please signify by saying aye. Aye. Any opposed or abstentions? Hearing none, the motion passes five to zero. All right, with that, we'll move on to our next item on the agenda, 26-0875, request to approve the Canyon Ridge preliminary plat shown on the attached maps and subject to the conditions of this in the attached staff memo. Can I get a motion? Motion approved. Can I get a second?

Second.

All right, a motion and a second. Who will be addressing this? All right, Principal Planner Hart, bond number three.

Thank you. This request is for preliminary plat approval. The boundary of the plat consists of approximately 5.2 acres. It includes eight residential lots and five outlots. The proposed residential lots satisfy the R1B district requirements, and staff is recommending approval subject to the conditions in the staff report.

All right. Any questions from the commission regarding this item?

I have one. How do the proposed lots that are on the west side of that plan have access to the roads?

That'll be via public driveway access. The subdivision code allows for lots that don't necessarily abut a public road. They can be served by an approved access through review with the fire department as long as the access satisfies compliance with fire truck access and turnaround. The code permits that.

It looks to me like all the lots from outlot one to the south don't have any direct access to any place to even put a road.

The access runs up along the west side of the property through proposed lots six, seven and eight and all the outlots. There is a note on the final, excuse me, on the preliminary plot that the outlots were intended to be combined with the lots that have frontage on Curry Drive. So the developer of the subdivision is intending to contact those property owners to have a transaction and then combine with lots that have frontage on Curry. But as far as satisfying the preliminary plat, staff recommended that an easement be included on there for access provisions that comply with the code in case those lots do not, are combined with those lots on Curry. So with that, staff is still recommending approval subject to the conditions in the staff report.

Just to clarify, there's a setback line that I see on the west side, and that would be for the additional thoroughfare, the throughfare there?

Right, the 20-foot access, that's the dash line that abuts the western boundary, and that's where that easement is identified, so the private driveway would be installed within that easement.

Other questions from the commission? I believe that was our other commissioner's question as well.

Well, to me, it just seems that it's not real clear on the maps how they're going to do that. Does that property owner to the west there know that that's how they're going to have access to that?

Yes, the developer instructed their surveyor to add that 20-foot access. He's been along the western boundary line of the plat.

I'm just asking if the property owner to the west is aware of that. To the west? Yeah, the guy who has that big estate there.

the developer is purchasing the land from that landowner to the west. So he must know. Okay, great.

All right.

Any further questions at this time? Hearing none, I'll entertain a vote. All those in favor, please signify by saying aye. Aye. Any opposed? Any abstentions? That motion passes five to zero. Um, we move on to 26 dash 0876. approve the stone Ridge estates West final plot show as shown on the attached map and subject conditions in the staff attached memo who will be all right, principal planner Smith.

Thank you.

Actually, hold on. Can I entertain a motion first? So moved. And a second? Second. All right. We have a motion and a second. Thank you, please.

Thank you. So the applicant is Cypress Homes, and they're requesting approval for final plat for Stone Ridge Estates West, which creates 10 single-family residential lots on approximately 3.8 acres. The preliminary plat was approved in January of 2022. And the final plat was granted approval in September of 2022. But within our subdivision ordinance, we require there is a certain timeline that they need to have the final plat recorded, and they did not meet that timeline. And so that is why the final plat is before us today, is for essentially re-approval of that final plat. The final plat is consistent with what was previously approved in the preliminary plat. The one change just to note is that There were two lots on the south side. Let me just get, it'd be lot 11 and 12 previously was designated actually for a temporary stormwater pond. But based on the recent development to the south known as Comet Ridge, there's actually going, there's a stormwater pond on there that can accommodate this development. And so with that, now the final plat shows those two lots being buildable and can be developed in the future. The property is zoned R1B for single-family residential, and the proposed lots meet all of the minimum requirements. The average lot size is approximately 13,600 square feet. The one thing to note is on lot 8, that lot proposed width is 40 feet. So that lot does not meet our current minimum required width. BUT IN 2022 THE COUNCIL PREVIOUSLY ALREADY GRANTED APPROVAL TO REDUCE THE MINIMUM LOT WITH FOR LOT EIGHT SO THAT WAS SOMETHING THAT COUNCIL ALREADY ACTED ON VIA THE PREVIOUS PRELIMINARY AND FINAL PLAT AND WITH THAT STAFF RECOMMENDS APPROVAL OF THE FINAL PLAT SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT JUST TO CLARIFY WOULD COUNCIL NEED TO APPROVE THAT 45 40 FOOT EXTENSION AGAIN OR SOME

and move forward with this.

Correct. Yep.

Thank you. Other questions by the commission? Hearing none, we'll entertain a vote. All those in favor, please signify by saying aye. Aye. Aye. Any oppose or abstentions? Hearing none, we pass five to zero. That'll move us on to our number seven information items today, 26-0889, Proposed Acquisition of Public Land for Future Northside Fire Station, North Meadows Investment LTD. Who will be speaking on that? All right, Director.

So this is an information item. We're bringing it before you today because there will be an action item on Community Development Committee agenda, which is happening at 4.30, and also a future related action item at a to-be-determined plan commission meeting. What's... In your packet is an option agreement that is the result of a pending development agreement provision between the city and Thrivent Development, along with their subsidiary North Meadows Investment, LTD. What this option agreement provides is for the city to be able to purchase up to 3.5 acres 3.5 acres at the northeast corner of Future Evergreen and Mead, which is a portion of lot one and lot three of proposed Walden Portfolio Park plat. The purchase price would be for $1, and the use for that would be for a future fire station. The provisions of the option would give us up to five years to determine the final geometry of the site. We intend to not take the full years. However, the agreement allows us to do that. We intend to work very closely with our Parks and Recreation staff, as well as our fire chief, both who are here, as well as with the development team to make sure that where we situate it works really well for this city from an operational perspective, but also takes into consideration the development that may need to occur around it. Um, again, no action is required today. However, if there's any questions from the plan commission for the fire chief, ultimately, when we have a certified survey map that further delineates the approximately 3.5 acres that this will allow us to purchase. that CSM and acquisition for public purposes will eventually come back to plan commission, then flow through plan commission for final action. I can tell you that significant analysis went in to the evaluation of this site as being probably the best site that we could conceive of for a north side fire station, but I would defer any further feedback on that to our fire chief.

So what I'm hearing is this is a great opportunity to ask some preliminary questions. It's very early in the process, but also a good chance for us to learn more. Excellent. Questions from the Commission?

I have one question. Is there any anticipation that we would need an additional fire station as we develop more further north? Or is this going to be the last one in the north of 41?

I knew I needed to have one for you. Go ahead, Chief. Yes, thank you for the question. I guess there's no way to say that we'd never need another station on the north side because that tends to be where our growth is as a city, is northern. But I will say that this location that we selected was based off of the growth that is occurring or will occur in the very near future on the north side. We think that between Station 6, which is by North High School, and this future Station 7 will protect that north side very well. Maybe in 30, 40, 50 years, if we keep on going north, we're probably going to have to put another one up there. But this new location with a station on it will serve the community for a long time.

Any further questions? Well, it looks like we're going to have an opportunity to see and hear this again. So if we have further questions, we'll make sure to direct those as well. All right. There are no further informational items. So I will take up considerations for number eight. We're adjourned. Second. All those in favor, please signify by saying aye. Aye. All righty, this meeting is adjourned. Thank you so much.