Village of Clyman
713 Morgan Street
PO Box 129
Clyman, WI 53016
Director of Public Works
VILLAGE OF CLYMAN
MAY 30, 2019 – 6:00 PM
Call to Order-Chairperson Beth Baehmann called the May 30, 2019 Village of Clyman Plan Commission Public Hearing to order at 6:00 PM. with Plan Commission members Connie Kreitzman, Randy Key, Joe Roberts, Colleen Bruhn, and Todd Grady present. Also present was Village Attorney Katherine Koepsell, Village of Clyman Zoning Administrator Lukasz Lyzwa, and Mike Siegel.
The Pledge of Allegiance was said.
Public Hearing comments –None
Discussion /Action on Public hearing Comments –None
Discussion/Action on Conditional Use Permit application –Discussion followed regarding permits, space, size and number of apartments and parking. Mr. Lyzwa advised that because there are two units upstairs and with adding another unit Mike would need to get State approved plans. Attorney Koepsell advised that the procedure we are talking about today is will we allow this dwelling use in this business given the zoning. When it comes time to getting the building permits Mr. Lyzwa is recommending Mike get somebody to lay this all out and then come back to this committee prior to submitting for State approval. Mr. Lyzwa said this could be part of the conditions that would be implemented.
Mike said he will be only putting in one apartment at a time so he will end up applying for three permits. It’s possible we may only be able to put two units in.
Attorney Koepsell advised that we need to be in compliance with Village of Clyman Ordinance 13-16—D. Mr. Lyzwa said it was, in his opinion, in compliance with all other forms of the ordinance because it already has two apartments , livable space upstairs so it is in compliance , at the same time because it is a conditional use review the Village is in the position of adding additional requirements the owner may need to comply with.
Attorney Koepsell advised the law changed regarding Conditional Use Permits. We can impose requirements, but they must be reasonable, and measurable if possible. Any conditions must be related to the purpose of our zoning ordinance and must be based on substantial evidence. The law defines what substantial evidence is as facts and information other than merely personal preferences or speculation directly pertaining to the conditions an applicant must meet to obtain a conditional Use permit and that reasonable people would accept and support in conclusion.
In the initial application as well as the April 18 supplement that Mr. Siegel submitted, he mentioned surrendering all licenses pertaining to alcohol and live entertainment upon the approval of the building permit. That would certainly be something, in her view as an attorney that would be reasonable, because you are looking at something that is going to be used as a dwelling rather than a business. It would not be reasonable to demand surrender of any live entertainment or alcohol license today at this point, that surrender would be triggered by the building permit.
The Board may want to consider, if this would be approved, do we want to impose a restriction saying you cannot use the first floor or the rest of the property as business use, it’s either going to be a dwelling or it’s gong to be a business, but not both.
Conditional Use Permits are good for 24 months and if construction has not begun, if a building permit has not been applied for within that 24 months then it does expire. The Board does have a duty approximately 45 days before expiration to notify the holder of the Conditional Use Permit that is going to expire.
If somebody down the road would buy the building and want to turn it into a business again, they would have to come apply for a Conditional Use Permit to request to change the use of building again.
Colleen made a motion to grant the Conditional Use Permit for Ceiling Ball LLC at 942 Main ST. with the conditions that it is used as a dwelling and no other business and that upon approval of the building permit all licenses will be surrendered pertaining to alcohol and live entertainment. Randy Seconded the motion. Motion carried.
Joe asked if he doesn’t do anything to start putting in the apartments if he finds out it is too expensive can he turn it back into a business. Mr. Lyzwa said no he would need to come to the Board again and reapply for another Conditional Use Permit. Attorney Koepsell advised that if he doesn’t begin construction of the dwelling in the next 24 months then his Conditional Use Permit expires and then it turns back to a business building. Joe brought up that he would still have the liquor license if they didn’t start construction or request a building permit. Attorney Koepsell said yes but we are at the time of year for liquor license renewal or non-renewal and there is a hearing scheduled on June 12thon the topic for non-renewal for this particular license.
Next Steps we are going to want to memorialize the Conditional Use Permit and document it. As of now, all the committee needs to do is document our decision. Other than that this committee has nothing further to do until such time as he would approach to say he is interested in applying for a building permit, that is where the Board could say we want to do a site review to see that its suitable for the location and then he could go ahead and process it with the State.
Motion to adjourn by Todd/Randy. Motion Carried.
Meeting adjourned at 6:58 PM.