BOARD OF APPEALS THURSDAY, JULY 23, 2009 7:00 PM



BOARD OF APPEALS

THURSDAY, OCTOBER 24, 2013 – 7PM

BUFFALO CITY MUNICIPAL BUILDING

Meeting was called to order by Chair Jerilyn Baures. Meeting held as noticed. Board present: Ron Schutz, Jane Walczak, Dan Jacquardt and Ben Holien. Citizens present: David Becker, Attorney Christopher Gierhart, Michael Kube, Ken Becker, Matt Ward and JB Bremer.

David Becker, 1025 N. Front St., appealing decision made by the City of Buffalo City Buiilding Committee that denied his July 22, 2013 building permit application to build an L-shaped building measuring 89’ by 96’ with setbacks of 1’6” on a commercial zoned property. Chair Baures acknowledged that when the board requested permission to go inside the proposed structure, which is already partially up from a previously-expired permit, permission for interior viewing was denied and only exterior viewing was granted. All board members said they had a chance to view the exterior of the building from the street. Becker and Attorney Gierhart discussed the plan with the board. Gierhart said his client was granted approval for building in August 2011 but due to his disability was not able to finish the building in one year and was informed by the City that his permit had expired.

Building Committee Chair Kevin Mack went over the questions the City has with the permit. He informed the board that the City is under current litigation with Becker dealing with the original building permit issued in August of 2011. Becker re-applied several times over the past several months. All of those applications were denied and he was informed that he could appeal the decision with the Board of Appeals. Becker did decide to appeal the latest application dated July 2013 which the Building Committee denied due to the ongoing litigation.

Mack said the City has questions about whether or not the building should be considered for commercial or residential use. If commercial by state standards, the project would need state approval. If not commercial, Mack said the building should be considered residential and then needs to meet residential setbacks. Commercial properties do not need to meet setbacks. Gierhart told the board that while the building is not considered for commercial use by the state, it should be considered commercial as far as the City is concerned. According to the application the building will be used for manufacture and sale of driftwood and salvage logs, manufacture and sale of artistic iron and metal works, rental storage sites for boats, trailers, motor homes, campers, etc., small engine and outboard motor repair and sales.

Board members questioned the location of the current septic systems on the property. According to Private Onsite Wastewater System plan on file and furnished by the Buffalo County Zoning Department, the septic system sits partially under the proposed building even though state statutes require a 10-foot setback for private septic systems from any building. Becker said the map provided by the county was not accurate.

Letters were read from neighbors. Three letters requested the board deny the proposed building and require Becker to tear down the current structure. One letter asked the board to approve the plan with conditions so that the building is built more aesthetically pleasing. This neighbor felt something needed to be finished to form some type of protective barrier around all the equipment Becker has stored on his property. Ward, a neighboring property owner, said he also felt the building permit should be granted so Becker could finish his building. Citizens Kube and Bremer also spoke in favor of allowing Becker to finish his building.

More discussion continued with board members going back through the plan. Walczak questioned whether there would be walls on all sides. Becker informed the board that the structure has walls on three sides leaving it open on the inside. Walczak brought the City of Buffalo City Building Ordinance pertaining to Fire Districts to the attention of the board. The section says that sheds open on the long side cannot be more than 15 feet in height nor more than 500 square feet in area. Walczak said Becker’s plan does not meet either of these requirements. Gierhart said the word shed is not defined in the City Ordinance leaving it questionable whether or not it is a shed.

Motion Schutz to reverse the City of Buffalo City Building Committee’s decision to deny the building permit based on no other reasons than the current litigation. Motion failed for lack of second.

Motion Walczak, second Jacquardt to affirm the City of Buffalo City Building Committee’s decision to deny Becker’s July 22, 2013 building application based on the fact that there are too many unanswered questions as far as the size, questions on the provided blueprints, a document showing the septic setbacks are not met , and whether the building meets the City’s fire code. Roll call vote: Walczak – yes, Schutz – no, Jacquardt – yes, Holien – yes. Motion carried 3-1.

Motion Walczak, second Jacquardt to adjourn meeting. All yes, motion carried.

Submitted for the Board of Appeals:

_________________________

Jenny Ehlenfeldt

Clerk/Treasurer

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