CITY OF SHAWANO PLAN COMMISSION A G E N D A WEDNESDAY, NOVEMBER 2, :45 PM. SHAWANO CITY HALL, 127 S. SAWYER STREET, SHAWANO, WI

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1 CITY OF SHAWANO PLAN COMMISSION A G E N D A WEDNESDAY, NOVEMBER 2, :45 PM. SHAWANO CITY HALL, 127 S. SAWYER STREET, SHAWANO, WI 1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL 4) APPROVAL OF OCTOBER 5 AND 20, 2016 PLAN COMMISSION MINUTES 5) DISCUSS AND ACT ON CERTIFIED SURVEY FOR BELMARK 6) SET NEXT MEETING DATE (November 30, 4:30 PM) 7) ADJOURN DISABLED ACCESSIBLE (Contact City Clerk prior to meeting if require additional services.) It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Page 1 of 7

2 PLAN COMMISSION MINUTES October 5, :30 PM Shawano City Hall, 127 S. Sawyer Street, Shawano, WI PUBLIC HEARINGS: a) Conditional Use Permit to allow Pomp's Tire Service Inc. at 126 N. Andrews Street, Shawano, WI to expand their vehicle service as a Conditional Use onto adjacent newly acquired property per City of Shawano Municipal Code Section 10-58(20). The properties are located in the Urban Mixed Use Zoning District. (Legal descriptions: City of Shawano Sawyer and Andrews Plat Lot 1 Block 28 Parcel # and Sawyer and Andrews Plat Lot 8 Block 28 Parcel # ) These parcels will be combined by Certified Survey. Kevin Vincent, 3257 Sunrise, Suamico, representative for Pomp's Tire Service stated the they proposed 3600 sq. ft. building will be for storage purposes only, allowing for more space in the main building for employees and to have more product on hand to meet customer demands. He stated they are working with our Building Inspector Brian Bunke on the final plans. Chad Kary, Plan Commission member questioned if the nature of the business will remain the same. Vincent stated there would be no change in the business, new building is strictly storage. John Fuchs, 225 E. Fifth Street #4, Shawano, stated there is a lot of loud noise, big diesel trucks left idling and felt the bigger trucks should be worked on inside the building not outside the building. Questioned why Pomps couldn't have the new building allow for big trucks to be worked on inside. Vincent explained it was not feasible at this time due to the high cost and requirements for that type of building. Currently the facility is open from 8AM to 5PM and has been in business since 1965 at this location. They keep outside work to the south of the building and with the new building it will allow a small buffer. Fuchs stated the building should be done so that big trucks can be worked on inside. Hearing no further comments, Marquardt opened Public Hearing B. PUBLIC HEARING: b) Conditional Use Permit to allow James and Deborah Lonick per City of Shawano Municipal Code Section 10-58(12) to have an Airbnb (bed & breakfast) at their residence located at 420 River Heights, Shawano, WI located in the Single Family Residential zoning district. (Legal description: City of Shawano River Heights Plat Sec.25 T.27N R.15E Lot 18 Block 2). Marquardt stated the City spoke with the City Attorney concerning the conditions placed on the Conditional Use at the August 31st Plan Commission meeting. Sheppard stated the Plan Commission put a condition in their motion that the Conditional Use would not be transferable should the Lonicks sell their property. There is a Limited Conditional Use (10.171(17)) that would allow this type of condition. Jim Lonick, 420 River Heights, Shawano, informed the Commission that they do not feel this would be a disadvantage to them and would be fine with the Limited Conditional Use. Knapp stated the Plan Commission had not specifically approved the use as a Limited Conditional Use and now needs to do so to clarify the intent of the Commission. Also (18) explicitely prohibits bed and breakfasts from receiving a successor conditional use that automatically transfers to new owners. Sam Santacrose, 398 River Heights, Shawano, stated he is a direct neighbor and the majority of his concern was if the condition passed onto a new owner and the uncertainties of that. He would also like to see a provision of a review within one year. Lonick questioned if there was a review, what would be the elements of the review to continue with the Airbnb. Vicki Santacrose, 398 River Heights, Shawano, questioned if the fence was still required. Knapp stated the fence still applies and could be placed on the property line and the rear setback would have to be 75' from the ordinary high water mark. Hearing no further discussion, motion by Felts to close the Public Hearings, seconded by Schultz. Motion carried by Voice Vote. Page 1 of 3 Page 2 of 7

3 CALL TO ORDER Acting Chairperson Lorna Marquardt called the Plan Commission meeting to order at 4:58 PM at Shawano City Hall. PLEDGE OF ALLEGIANCE ROLL CALL Roll Call showed present: Lorna Marquardt, Tim Schultz, Dick Felts, Justin Lepscier, Chad Kary, Alderperson N Woody Davis and Assistant City Administrator/Public Works Coordinator Eddie Sheppard. Absent and excused: Mayor Jeanne Cronce and Robyn Shingler. APPROVAL OF THE AUGUST 31, 2016 PLAN COMMISSION MINUTES Motion by Schultz to approve the August 31, 2016 minutes, seconded by Felts. Motion carried by Voice Vote. PUBLIC COMMENT None. ACT ON PUBLIC HEARING A) TO ALLOW POMP'S TIRE SERVICE INC. TO EXPAND THEIR VEHICLE SERVICE AS A CONDITIONAL USE TO ADJACENT NEWLY ACQUIRED PROPERTIES AT 126 N. ANDREWS STREET, SHAWANO WI (PER ABOVE). Knapp stated that Fuchs has mentioned that trucks were being worked on outside of the building and the City Code has limitations for vehicle repairs. The Code states that repairs must be done entirely within a closed building. Reviewed the zoning code with the Commission in regards to conforming vs. non-conforming uses. To extend the Conditional Use for the addition that is non-conforming use is not allowed to expand its footprint in this district. Marquardt questioned what type of vehicles are being serviced outside the building. Vincent stated semi tractor-trailers, dump trucks, etc., however, nothing has changed since Knapp stated treating the new lot separately is not an option because there can't be an accessory use without a principle use on the lot and storage is not an allowed principle use. He informed the Commission that they could not grant a conditional use for either parcel. Outside vehicle repair is not allowed under the current code and believes it was not allowed under the former code. Marquardt stated it is not the City's intent to hamper a business from expanding and questioned if Pomp's had ever received complaints. Vincent stated this is the first time anyone has complained. Schultz questioned if it was grandfathered. Knapp stated that the new code made the existing uses legal as is but they now want to expand and the expansion of a nonconforming use onto new property is not allowed. Discussion followed regarding code for vehicle service and repair, conforming vs. non-conforming, and possibility of tabling until the City can get opinion by legal counsel and from zoning consultants VandeWalle & Associates. Hearing no further discussion, motion by Felts to table the request for a Conditional Use until the City has gotten a legal opinion from the City Attorney and clarification from VandeWalle, seconded by Schultz. Roll Call Vote "Ayes" Feltz, Schultz, Lepscier, Marquardt, Davis, Kary, and Sheppard. "Nays" none. Motion carried. ACT ON PUBLIC HEARING FOR A CONDITIONAL USE TO ALLOW JAMES AND DEBORAH LONICK TO HAVE AN AIRBNB (BED & BREAKFAST) AT THEIR RESIDENCE LOCATED AT 420 RIVER HEIGHTS, SHAWANO WI. Kary questioned if the issue was limiting the Conditionial Use to the current property owners and also if a review could be added as a condition to the conditional use, what would the timeline be and who does the review. Bunke stated that the City Code already includes a revocation process for conditional uses if they violate the zoning code or the conditional use. Marquardt read the section of the last month minutes regarding the conditions, "1) limited to 1 bedroom/1 bath; 2) 3 Page 2 of 3 Page 3 of 7

4 individuals per stay; 3) follow all Airbnb regulations; and 4) conditional use will only be for James and Deborah Lonick and is not transferable should they sell." Knapp informed the Commission that per the Zoning Code Section (17) they could approve a "Limited Conditional Use" with those conditions and will not transfer to a future owner. Motion by Kary to recommend to Council to approve a Limited Conditional Use as provided by Code Section (17) to James and Deborah Lonick to allow an Airbnb at 420 River Heights with the following conditions: 1) limited to 1 bedroom/1 bath; 2) 3 individuals per stay; 3) follow all Airbnb regulations; and 4) conditional use will only be for James and Deborah Lonick and is not transferable should they sell, seconded by Felts. Roll Call Vote "Ayes" Kary, Felts, Schultz, Marquardt, and Davis. "Nays" none. "Abstain" Lepscier and Sheppard. Motion carried. DISCUSS AND ACT ON OFFER OF PROPERTY TO PURCHASE LOCATED AT 228 S. WASHINGTON STREET, SHAWANO WI Sheppard stated the City was approached by Mr. Shannon Heling regarding the possibility of the City purchasing his property at 228 S. Washington Street. The City had a residential appraisal performed and it was appraised at $85,000. Mr. Heling then officially offered the property to the City at the appraisal price. Marquardt stated this would be a good location for additional parking for the Civic Center, during the Farmer's Market and when Franklin Park is developed. Questioned if the price was high. Davis stated the house is in poor condition and is blighted. Knapp stated it would be a change of use for the property and it would be taken off the tax roll. The Finance and Council will negotiate the price, Plan needs to decide if it is appropriate to change the use and recommend the City pursue acquisition of the property. Motion by Kary to recommend to Council to pursue the acquisition of 228 S. Washington Street, seconded by Felts. Motion carried by Voice Vote. OLD BUSINESS Discussed how much longer the former hospital demolition was going to be. Knapp informed the Commission that two proposals for the former hospital site were received and that ThedaCare and the City will be reviewing. NEW BUSINESS Felts questioned what type of construction was taking place by the old hospital. Sheppard stated its part of the Smalley Park development, it will a natural type amphitheater. SET NEXT MEETING DATE (November 2, 2016) ADJOURN Motion by Kary to adjourn, seconded by Felts. Motion carried. Meeting adjourned at 5:48 PM. Respectfully submitted, Lisa Bruette, Administrative Assistant Page 3 of 3 Page 4 of 7

5 CALL TO ORDER PLAN COMMISSION MINUTES October 20, :30 PM Shawano City Hall, 127 S. Sawyer Street, Shawano, WI Chairperson Jeanne Cronce called the Plan Commission meeting to order on Thursday, October 20, 2016 at 4:30 PM at City Hall. PLEDGE OF ALLEGIANCE All stood for the Pledge of Allegiance. ROLL CALL Roll Call showed present: Mayor Jeanne Cronce, Assistant City Administrator/Public Works Coordinator Eddie Sheppard, Dick Felts, Justin Lepscier, Lorna Marquardt, Chad Kary, and Alderperson N. Woody Davis. Absent and excused: Tim Schultz and Robyn Shingler. Also present: Zoning Administrator/Building Inspector Brian Bunke, from SCEPI Dennis Heling, citizens and news media. PUBLIC COMMENT None. DISCUSS AND ACT ON ALLOWING POMP'S TIRE SERVICE, INC. TO EXPAND THEIR VEHICLE SERVICE AS A CONDITIONAL USE ONTO ADJACENT NEWLY ACQUIRED PROPERTIES AT 126 N. ANDREWS STREET, SHAWANO WI (THESE PARCELS WILL BE COMBINED BY CERTIFIED SURVEY.) Sheppard gave an overview of the last Plan Commission pertaining to the conditional use for Pomp's Tire Service Inc. which was tabled. The City spoke with our consultants who assisted the City with the new zoning code. Since Pomp's was not expanding the service itself the conditional use could be approved. Sheppard stated that Pomp's had provided a map of where they do service (see attached). Bunke informed the Commission that he did a sound test which was well within the noise level and found no other issues. Sheppard stated the Commission should include two conditions if they wish to approve the Conditional Use, they are as follows: 1) Pomp's won't provide professional service outside the designated area; and 2) inventory must be kept indoors. Hearing no further discussion, motion by Kary to approve the Conditional Use as provided by Code Section 10-58(20) to Pomp's Tire Service Inc. to allow expansion of their vehicle service onto adjacent newly acquired properties at 126 N. Andrews Street, Shawano (these parcels will be combined by Certified Survey) with the following conditions: 1) Pomp's won't provide professional services outside the designated area (see map attached); and 2) inventory must be kept indoors, seconded by Felts. Motion carried by Voice Vote. SET NEXT MEETING DATE The next Plan Commission meeting will be on Wednesday, November 2, 2016 at 4:45 PM at City Hall. ADJOURN Motion by Felts to adjourn, seconded by Davis. Motion carried by Voice Vote. Meeting adjourned at 4:38 PM. Respectfully submitted, Lisa Bruette, Administrative Assistant Page 1 of 2 Page 5 of 7

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7 ' CERTIFIED SURVEY MAP NO. BEING PART OF LOT 1, CERTIFIEDSURVEY MAP NO. 3 AND 4, SHAWANO COUNTY REGISTRY, PART OF THE FRACTIONALNW1/4-NW1/4AND PART OF THE. FRACTIONALNE1/4-NW1/4, SECTION 5, T.26N., R. 16 E., CITY OF SHAWANO, SHAWANO COUNTY, WISCONSIN. 7:.,;, 5 36 ET" 01 Z ;3j3f $20; I.1.:)18.LSI(I s O1 16'15" E 5M E i lnq! T. ée E555 EQEEE BBRINGS REFERENCEDTO THE NORTH LVNEOF THE NW1/4, SECTION 5 AS S 89'48 24" E PER THE WISCONSIN COUNTY COORDINATE SYSTEM FOR SHAWANO COUNTY NAD B3/91 DATUM. SURVEYED THIS 13th DAY OF JANUARY, 2016, BY NORDIN & ASSOCIATES. INC. SHEET 1OF3 Page 7 of 7