City Hall

City of La Crosse, Wisconsin

400 La Crosse Street

La Crosse, WI 54601

Meeting Minutes - Final

Board of Zoning Appeals

Monday, September 18, 2023

4:00 PM

Council Chambers

City Hall, First Floor

Call to Order

Cherf called the meeting to order at 4:00 p.m. and explained the meeting procedure.

Roll Call

5 - Anastasia Gentry, Douglas Farmer, James Cherf, Ryan Haug,William Raven

Present:

Variance Appeals:

An appeal regarding the requirement that only one shed is permitted on a lot at

1521 Main St., La Crosse, Wisconsin.

2670

Cherf noted that in order to have a hearing on the item, there must be a motion,

second, and a majority vote to remove the appeal from the table.

A motion was made by Raven to remove from the table; the motion failed for

lack of second.

The item remained tabled; no action was taken.

An appeal regarding the requirement to use the business space as a

cosmetology shop at 3001 State Rd., La Crosse, Wisconsin

2675

Mike Suntken, representing the Community Risk Management Department, was sworn

in to speak. Suntken stated that the owner desires to use a portion of this building as

a retail store for a woodworking business. The property is currently zoned R-1 which

allows for residential uses only. A legal non-conforming cosmetology salon was

previously in this space and was granted approval from the Board of Zoning Appeals in

1985. Municipal Code 115-33 (1)(c) states that a nonconforming use shall not be

changed to a new non-conforming use without approval from the Board of Zoning

Appeals. A variance to change the use from a cosmetology salon to a retail store

would need to be granted for this use to remain at this property. Suntken showed the

prior approval from 1985 and an aerial view of the property as well as a street view of

the property. Suntken stated that this is a self-created hardship because this use was

started without going through the proper procedure prior to starting the use. There is no

unique property limitation. There is harm to the public interest because there will be a

woodworking shop in a residential neighborhood.

Karl Schilling, N5713 Moose Road, Onalaska, was sworn in to speak. Schilling stated

that he purchased the building 20 years ago and he didn't remember that there was a

variance on the property; he thought it could be rented for other businesses. The

building is small, around 200 square feet. A lot of the cosmetology businesses have

changed their format and have added additional services or gone to private studios, so

they've had difficulty in leasing the space. The business that came forward wanting to

rent the space to show his wares in this location, by appointment only and the

woodworking itself would take place at another location.

Larry Norris, 1726 30th Street South, was sworn in to speak. Norris stated that he

submitted a letter on the history of the business in that location. Norris asked if the

whole property could be turned into a business. Suntken responded that the property is

zoned R-1 (residential); the zoning would need to be changed in order for the entire

property to be used as a business. The variance would only be for the portion to be

used in this manner. Norris stated he talked to the woodworker who has been there for

6 weeks with a signed lease; Norris added that it doesn't seem fair that it was done

that way. He asked what would happen if the variance were approved and the entire

property is used as a business. Norris stated that it had been a beauty shop since

prior to 1958; his concern is that rules are followed.

Schilling, still sworn, apologized and stated that he should've talked to the neighbors

to clear it with them. In running his business, they have people applying for leases and

things do fall between the cracks sometimes and he should've been abreast that the

variance was in place. This is a very small space and the viability of some of the

businesses is a concern. Cherf asked Suntken to explain what would happen to the

tenant if the variance is not granted. Suntken stated that the space would only be able

to be used as a cosmetology salon. Schilling asked if the variance were to be granted,

if it would be for the tenant only. Suntken responded that the Board would have to

clarify in their motion, if that is something they wish to do.

A motion was made by Farmer, seconded by Haug, to DENY the appeal. The

motion carried by the following vote:

5 - Gentry, Farmer, Cherf, Haug,Raven

Yes:

Adjournment

Meeting adjourned at 4:23 p.m.