[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6263026,"mediaKeyId","3108642-bc864ce5f5f32e276ea548b439e8e776","parentId",3108642,"title","Board approves driveway and setback variances for 3535 Nicolay Drive to formalize long-standing circulation","audioSeconds",1867,"startMs",1497005,"endMs",3364665,"viewUrl","/Search/View?dp=1&key=3108642-bc864ce5f5f32e276ea548b439e8e776&start=1497&end=3364","thumbnailUrl","https://assets.pipeline.soar.com/3108642-bc864ce5f5f32e276ea548b439e8e776/thumbnail_1497005.jpg","articleUrl","/articles/6263026/Green-Bay/Brown-County/Wisconsin/Board-approves-driveway-and-setback-variances-for-3535-Nicolay-Drive-to-formalize-long-standing-circulation","mediaUrl","https://secure.pipeline.soar.com/6263026-710534ddb59b2c8425b6d736c3cc3129/orig.mp4?Expires=1773639390&Signature=PlSEBxRO2nYy6oEiz3kEQC~CNuCvrXIuB2g~4xxtlOH1WF5~J-SX-E-0UY7PG9O0Yf-JJ6Aold-CCw3o1sY5Z9OO6mVEK0LoHTjtJMPUKyjWdMIRMqbMhMN16nknsXPepX9G5Jl0BgnLEO6HdSv33Dtu8C4eBHNj4k8NyCyIhVSW-2jzwp3Zrwx6kWTkCSZR0oClV3Ci2pbuG1Cmt1WRkgGq4Yq8URU9GaMZE7kXup8Bpcke~4JBgEY0nk1nx0mQ4Y61n~aTg~XbQRxx3-ZA-7P27hYgjeHkZVhpKq1gM6ITJMB7jSKaWcW8ufk2VwsbLIu-yxxZnJhMfBw3cHGtqQ__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Green Bay, WI","date","2025-04-24T09:13:53.943Z","article","The Zoning and Planning Board of Appeals on April 21 approved a set of variances that allow a widened driveway and reduced side-yard setbacks at 3535 Nicolay Drive, formalizing an existing circulation pattern on the property and enabling a full resurfacing of the asphalt.

Staff described the request as two related deviations from city driveway standards (Section 44-1746). The applicants asked to exceed the maximum driveway width for side-loading garages and to reduce side/rear setbacks in a few locations — including a section where the proposed driveway would be as close as 2 feet to a property line near a shed and a long driveway run that would exceed the nominal permitted length in order to provide a practical approach to a side-loading garage. Staff explained the site has an existing, nonconforming shared driveway configuration dating back decades and that the new plan would convert the existing circulation to a single, private drive and replace failing pavement.

Property owner Michael Shea and contractor Don McDonald testified that the parcel’s historic access changed when a previously planned right-of-way was abandoned before Shea purchased the property in 1990, leaving the lot without unquestioned legal access from the street. Shea said the lack of a recorded, guaranteed access route is an ongoing title and estate-planning concern and that negotiating a permanent easement with neighbors could be complex; the proposed drive would resolve practical access problems and document the current arrangement. A neighbor who spoke, Pete Simon of 3525 Maple Lane, said he supported a solution that preserved function and appearance and indicated the parties preferred a design that looked decent rather than a minimal code-compliant strip.

In deliberations board members cited the property’s unusual lot geometry, the preexisting nonconforming driveway, and the practical difficulty of complying with a strict interpretation of the side-loading garage rules on this parcel. Several members observed the driveway footprint has existed for decades, the proposed work is primarily resurfacing, and the request would not create new visibility from the roadway. The board found exceptional circumstances and that approving the variances would not create substantial detriment to adjacent properties.

Motion and vote: A motion to approve the variances as presented carried (recorded as unanimous in the public discussion). The board directed the applicant to coordinate final construction plans and any required permitting with city staff. The petitioner said the work will replace pavement that is 30–35 years old.

Ending: Permit issuance and construction will require formal coordination with the city’s planning and permitting staff; the board’s action clarified the property’s allowed driveway geometry so the owner can proceed with resurfacing and future transfer or estate planning.","mediaType","Video","parentTitle","Board of Appeals 4-21-2025","oneSentenceSummary","The Zoning and Planning Board of Appeals approved variances on April 21 allowing an expanded driveway configuration and reduced side-yard setbacks at 3535 Nicolay Drive, accepting staff and petitioner arguments that unique site history and loss of legal access justified exceptions to Section 44-1746 standards.","taxTitle","Green Bay, Brown County, Wisconsin","taxId",2853,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6263030,"Zoning board denies Green Bay homeowner’s request to add front-yard parking stall at 445 South Berry Street",914,121860,1036600,"/Search/View?dp=1&key=3108642-bc864ce5f5f32e276ea548b439e8e776&start=121&end=1036","https://assets.pipeline.soar.com/3108642-bc864ce5f5f32e276ea548b439e8e776/thumbnail_121860.jpg","/articles/6263030/Green-Bay/Brown-County/Wisconsin/Zoning-board-denies-Green-Bay-homeowners-request-to-add-front-yard-parking-stall-at-445-South-Berry-Street","https://secure.pipeline.soar.com/6263030-de29590ac1d651a7cf965a8b3e99a59d/orig.mp4?Expires=1773639390&Signature=Dzd9yegdrHx6QRRnUdC7Shfdfj8-2rJ3K7kT3E0PT9K5o~F2XDq256~zoIBLRm6ZdZ8rN0OC0uTAsqPjy-HMApoKwPHqBVrhElPoM5R3pB7Bv2xt3i8GHLDh-oIdhVJUehqVcOwMwpJH1pMIHRWiT6uG4SoRUHaAv4cokOb1kWAbcMEK-xfPODguWRjyS6-iFy3G~h0tznHHVOhUlaaQKsiW26zg6ZmnleHJqRJSbaLL~ob19hICRtIky9yvL3QRLfwL2U8lieh~gjyNLmrsWo3cM6QBew1XkhkLOW7jCOrZUyDSiQXxoNlkxj9MC~Ua32p7hu5C-oRloKwh0VQT~Q__&Key-Pair-Id=KUT5TJCACFTXG","The Zoning and Planning Board of Appeals on April 21 in Green Bay voted 2–4 to deny a request from homeowner Antonino Bomerillo to install an 8-foot-by-15-foot front-yard parking stall and to reduce the required driveway taper from 5 feet to 3 feet at 445 South Berry Street.

Staff told the board the house is a newly constructed residence on a small lot and that the pair of variances would (1) allow an extra 8 feet of pavement directly off the garage door and (2) permit a 3-foot triangular taper where the code normally requires 5 feet (referencing Section 44-1746, sub.3[c]). The staff presentation noted the proposed stall would meet minimum stall width and depth (8 feet by 15 feet) but would not conform to the city requirement that a front-yard stall lead directly to a legal parking stall without violating the taper standard.

Bomerillo told the board he bought the property in February and said he was using the attached garage for storage, leaving his family to park one vehicle on the street; he said he began receiving parking tickets soon after moving in. “I started getting tickets,” Bomerillo said, and described the ability to park a second vehicle on the property as “not a want, it’s more of a need for a family.” He said he is willing to use pavers, concrete or other materials the city prefers.

Board members debated whether the owner’s circumstances constituted the kind of hardship required for a variance. Several members said the property’s small lot and the garage placement present constraints, but other members called the hardship “self-inflicted,” noting alternatives such as storage units, a shed, or reconfiguring interior storage. One board member said the fact the petitioner had been advised by a realtor or contractor that certain parking was permitted did not by itself create the legal hardship the ordinance requires.

Motion and vote: A motion to approve the two variances was made and seconded. The board recorded a tally of yes:2, no:4; the motion failed. The record shows the board considered the five legal tests for variances and was divided on preservation of intent and undue hardship, ultimately concluding the petitioner had not carried the burden for both variances.

The record contains a minor discrepancy between the staff packet and the petitioner about the street name (staff materials referenced “Baird”; the petitioner gave his address as 445 South Berry Street). Staff advised the petitioner to consult with city staff to explore alternatives, including a design that could meet the 5-foot taper or other compliant arrangements.

The board chair closed the item and moved to the next appeal.

Ending: With the variance denied, the property owner may work with city staff on alternatives that conform to code or pursue additional design changes; no further action was taken at the meeting.","The Zoning and Planning Board of Appeals on April 21 denied a variance request from homeowner Antonino Bomerillo to add an 8-foot front-yard parking stall and reduce the required taper from 5 to 3 feet at a newly built residence, finding the applicant did not meet the hardship tests and noting available alternatives.","actionData","errors"]

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Board approves driveway and setback variances for 3535 Nicolay Drive to formalize long-standing circulation

Zoning board denies Green Bay homeowner’s request to add front-yard parking stall at 445 South Berry Street