Date:      12/5/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:          Agenda Item 6: CSM – Martenson & Eisele, Inc. – Brighton Beach Rd.

The CSM off of Brighton Beach Rd. is proposing to expand the rear property line for a garage lot owned by Garth Wegner. In October 2002, the Town Board approved a variance that would allow Mr. Wegner to construct a 22’ x 36’ detached garage that would not conform to the 30 ft. street setback requirement. The garage would be 13.5 ft. to the street property line. The existing garage would be removed. The Winnebago County Board of Adjustment also approved the variance and gave the applicant two options:

Option 1: A detached garage, 13.5 ft. from the road right-of-way and 3 ft. from the side lot line. But the width must be cut down to allow for entrance from either the east or west side (No garage door allowed on the south side of the garage).

Option 2: A 20 ft. street yard setback for a garage (size as requested – 22’ x 36’) with an entrance from the south side of the structure (will require purchase of additional land and a new CSM).

Mr. Wegner has chosen Option 2 since a CSM is being proposed for the additional land to be acquired from Richard Schuchart.  The new Lot 2 will be 2,720 sq. ft. The rear lot line is being adjusted 16.59 ft. to the north. This will allow the proposed new detached garage to meet the 20 ft. street setback as specified by Option 2. Furthermore, it will allow the owner to maintain the same proposed size garage, with the entrance on the south side. Both Mr. Wegner and Mr. Schuchart have their principal residence across the street on the lakefront side.

But the CSM indicates that the existing steel shed on Lot 1, owned by Mr. Schuchart, will now be 1.4 ft. to the new property line. According to the zoning ordinance, an accessory structure has to be a minimum of 3 ft. to a side yard line. Therefore, the CSM would make the steel shed a nonconforming structure. Also, the newly created Lot 1 one is a buildable R-1 zoned lot and the two structures located on this lot are nonconforming. Therefore, if either structure is damaged beyond 50% of their value, then they cannot be replaced unless a new principle structure is also located on this lot. 

Staff Recommendation

Staff recommends denial of the submitted CSM unless a revised CSM is presented to the commission at or before the upcoming meeting.  Staff suggests that CSM be modified to adjust the rear property line so that the steel shed will have at least a 3 ft. minimum setback.