City of Green Bay
Department of Community and Economic Development
I:\DeptData\Planning\Board of Appeals\BOA Appealing for a variance - revised 12-2018.docx
Updated 12/2018
100 North Jefferson Street, Room 608, Green Bay, Wisconsin 54301-5026
(p) 920.448.3400 (f) 920.448.3426 greenbaywi.gov
Zoning & Planning Board of Appeals
Appealing for a Variance
General Directives
Typically, variances are requested when development of property is inconsistent with zoning codes. The
Zoning & Planning Board of Appeals has the power to hear and decide appeals where it is alleged there
is an error in any order, requirement, decision or determination made by an administrative official in the
enforcement of the city's zoning code. By state law (s. 62.23(7)(e)7., Wis. Stats.), the Board of Appeals is
given specific powers and responsibilities to hear these alleged errors.
The boa
rd has the power to grant variances when special conditions unique to a property will not allow
the property owner to meet the dimensional standards of the ordinance. To be granted a variance, the
property owner must show unnecessary hardship is caused by the ordinance. The board must
uphold the intent of the zoning ordinance and deliver substantial justice through its decision.
Hearing Dates & Filing Deadlines
The Board of Appeals meets the third Monday of each month starting at 5:30 p.m. in City Hall, 100 N
Jefferson Street, Room 604. For an appeal to be heard at any monthly hearing, an application must be
on file in the Department of Community and Economic Development office, City Hall, 100 N Jefferson
Street, Room 608, by 12:00 Noon on the first Tuesday of the month. The applicant must submit a
completed application, drawings, information, and non-refundable fee ($75 for Residential and $150 for
Commercial) with staff by the deadline to assure being placed on the agenda.
Application Requirements
An application shall be made on forms approved by the board and furnished from the Community and
Economic Development Department. Applications must be accompanied by a site plan drawing, (no
larger than 11 x 17 and drawn to scale) showing the location and size of the affected property, abutting
properties and public right-of-ways. Drawings must include existing improvements and proposed
changes to be implemented; as well as, illustrating those items which require a variance. The applicant
may provide additional information which is necessary to explain the application to the board members.
Failure to provide a completed application may be grounds for denial of the variance.
Postponing & Withdrawing Applications
If necessary, an applicant may postpone the hearing of an appeal provided it is received by staff in writing
prior to the hearing. The appeal will be postponed for one month or at a future meeting agreed upon by
the board. No appeal will be postponed beyond that specified date. An application for appeal may be
withdrawn provided it is received by staff in writing prior to the hearing date.
Appeal Hearing Rules
Each applicant (or a representative of the applicant) is required to attend the hearing or the appeal may
be denied by the board. In granting variances, the board may impose special conditions to ensure that
public interest and welfare will not be threatened. Variances granted by the board remain valid for one
year from the hearing date or as stipulated in the decision. If work to implement the variance has not
begun within that time, the variance shall expire requiring the board to re-approve the variance should
the applicant wish to implement the plan. No application which has been denied by the board shall be
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reconsidered without material alteration or revision within one year of the board's decision, except
pursuant to a court order or motion to reconsider made by a member voting with the majority. The
board may refuse to act upon an appeal if the applicant has failed to implement previously granted
appeals.
Burden of Proof
To qualify for a variance, an applicant must demonstrate that all three statutory standards will be met.
These standards include the existence of unnecessary hardship, the presence of unique property
limitations and the protection of public interest will be maintained.
1. Unnecessary Hardship. A matter to be determined from the facts and circumstances of each
individual appeal, including:
A. Unnecessary hardship is situation where, in the absence of a variance, an owner can make no
feasible use of a property or strict conformity is unnecessarily burdensome. A variance is not
warranted if the physical character of the property allows a landowner to build or develop in compliance
with a zoning ordinance.
B. Hardship must be peculiar to the parcel in question and different from that of other parcels.
Hardship arises because of some unique property limitation of a parcel, or because the property
was created before the passage of the zoning ordinance.
C. Self-imposed hardship is not grounds for a variance. Improvements that were made in violation
of the ordinance are generally considered to be self-imposed hardships.
D. Hardships cannot be one that would have existed in the absence of a zoning code.
2. Unique Property Limitation. Unique physical characteristics of the property, not the desires of
or conditions personal to the applicant, must prevent the applicant from developing in compliance
with the zoning ordinance. These features may be a wetland, soil type, parcel shape, or a steep slope
that limits the reasonable use of the property.
3. Protection of the Public Interest. Granting of a variance must neither harm the public interest
nor undermine the purpose of the ordinance. The public interest includes the interest of the public
at large, not just that of nearby property owners. Lack of local opposition does not in itself mean
that a variance will not harm public interest Property owners within 100 ft. of the property area and
Alderpersons will be noticed of the request prior to the meeting.
Revised 12/2017
www.greenbaywi.gov
Zoning & Planning Board of Appeals
VARIANCE
APPLICATION
Department of Community
and Economic Development
100 N. Jefferson Street, Rm 608
Green Bay, WI 54301-5026
(920) 448-3300 - phone
(920) 448-3426 - fax
Application Deadline: First Tuesday of the Month at 12 Noon.
Date:_______________ Project Address:__________________________________ Project #:__________________Appeal #:_________________
PROPERTY OWNER
APPLICANT INFORMATION
Name:
Name:
Address:
Address:
City, State, Zip
City, State, Zip
Phone:
Phone:
Email:
Email:
Describe proposed plan:
List variances required to implement the proposed plan (include ordinance numbers and short explanation of each):
Describe what hardships are imposed by zoning ordinances listed in section above making conformity unfeasible or
unnecessarily burdensome:
Describe what unique physical characteristics affect this property which prevent you from complying with the zoning
ordinance:
Describe how granting this variance will neither harm public interest nor undermine the purpose of the ordinance:
Prepare and submit a copy of a site plan (NO LARGER THAN 11X17) detailing your request completely and any additional
information which will support your variance request.
Signature of Applicant Date
OFFICE USE ONLY:
Parcel#
Residential $75 ____ Commercial $150 ____
District: Zoning:
Meeting Date:
Receipt #:
click to sign
signature
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