The motion carried by the following vote:
5 - Gentry, Farmer, Cherf, Haug,Raven
Yes:
An appeal regarding the requirement that only one shed is permitted on a lot at
1521 Main St., La Crosse, Wisconsin.
Suntken stated that the applicant has applied for a permit to have a second yard shed
installed on the property in addition to the existing yard shed and detached garage.
Municipal Code 115-390(2)(c) states for purposes of this section a shed no larger than
120 square feet is permitted as an accessory structure but shall also count toward the
35 percent coverage allotment and the 1,000 square foot maximum building footprint.
Only a single yard shed is allowed on a parcel; the applicant is proposing to install a
second yard shed on the property. A variance allowing two yard sheds on a parcel will
be needed for this project to proceed as proposed.
Suntken showed a drawing made by the applicant that includes the garage existing
yard shed and the proposed yard shed. Farmer asked if the shed was already there
and Suntken confirmed that there is one there, but the permit is for a new shed to
replace that one because it was put up without a permit. He showed an aerial view of
the property and a view from the alley depicting the two yard sheds. Suntken stated
that this is a self-created hardship; a second shed was built without a permit. There
are no unique property limitations; the lot is similar in size to all lots in the City. There
would be harm to the public interest as this would set a precedence to allow multiple
sheds in rear yards.
Speaking in favor:
Richie Johnson, 1521 Main Street, was sworn in to speak. Johnson stated that the
shed is about 5 by 6 and has been there since 2017. They got a letter from the City
notifying them of the situation with the shed after the applicant’s wife called in to report
an issue with a neighboring property. Cherf stated that the Board is bound by a set of
standards and asked the applicant to give them information regarding the evidence of
this not being contrary to the public interest, the special or unique condition, and the
special or unique condition creating an unnecessary hardship. Johnson stated they
have had antiques stored in the shed since 2017 and it would be a hardship because
they’d need to move or sell the antiques inside.
Farmer asked if the applicant has a garage; Johnson responded that they have a
garage, but it can’t handle the antiques that they have. Farmer asked how big the other
shed is; Johnson responded that he could stand in it and possibly touch the sides with
both hands. Farmer asked if it was about 6 or 7 feet and Johnson confirmed that it is
square and about that length and width. Johnson added that the only reason that they
put up the shed is because they had gotten antiques in 2017. Gentry asked Johnson if
he was unaware that they needed a building permit for the shed. Johnson responded
that they never knew it because there was something there when they moved in; they
removed it because it was hazardous, and put in the current shed in 2017 when they
got the antiques. Johnson stated that neighbors have commented that they didn’t even
know the shed was there and added that it is 5 by 6.
Cherf asked what the construction of the shed is and if it is attached; Johnson
responded that it is not attached, but it is sitting on concrete where the previous shed
was located, and it is much smaller and made of plastic. Farmer asked the
representatives from Community Risk Management when the shed regulations came
into effect; Reinhart responded that he has been with the City for 20 years and it has
been here since he started. Farmer asked what the maximum square footage could be
if the applicant only had one shed; Suntken responded that it could be a maximum of
120 square feet. Farmer asked if the aggregate of the two sheds that the applicant