La Crosse's Board of Zoning Appeals on Tuesday, June 17, 2025, voted to grant variances allowing additional apartment units for three separate downtown projects because each would exceed the unit limits in the city's new traditional neighborhood development (TND) density rules.

The board approved a variance for 915 Main Street to allow 10 additional units on a 1.25-acre parcel; a variance for 518 and 526 Tenth Street to allow 15 additional units (bringing that project to 24 units); and a variance for the Badger West project to allow 19 additional units on about 0.73 acres. Building and Inspections staff had said the TND density rule allows 15 to 40 multifamily dwelling units per net acre and that, as written, the projects exceed the numeric limits in that section of the municipal code.

The appeals focused less on building design than on whether the numeric density standard in the TND code reflects the city's stated policy goals and the expectations under which developers had begun their projects. Applicants and their representatives said the developments were planned under prior zoning and that delaying or denying the variances would jeopardize financing and predevelopment work. "We have well over $2,000,000 invested in this project," said Paul Gerard, who appeared for one applicant.

Applicants described the units as small, single-occupancy studio apartments intended to meet an identified market and housing-study need. Jeremy Novak, speaking for one project, said the 24 units would be "studio units of 350 square feet each rather than four-bedroom units," and argued the unit count better matches the city's housing study than a calculation that treats every dwelling unit the same regardless of size or occupancy.

Board deliberations turned to legal and procedural questions. City counsel and other legal participants explained that permits had not yet issued in some cases and that a variance, if granted, generally "goes with the land" and would bind future owners. Board member Similac gave an extended legal rationale arguing that the density provision in the TND ordinance is poorly matched to the city's objectives and that the appeals presented a legitimate case for relief under the variance standards. "The legislative intent and the public interest favor" granting relief, Similac said during deliberation.

Board votes: for 915 Main Street (file no. 2692) the motion to grant the requested variance (10 additional units) carried; the board recorded three ayes and the motion passed. For 518/526 Tenth Street (file no. 2693) the board approved the requested variance to allow 24 units. For Badger West (file no. 2694) the board approved the requested variance for 19 additional units. In at least one case the board made the approval explicitly conditional on completion of the TND-specific publication or other legal prerequisites discussed during the hearing.

Staff noted the TND-specific standards were adopted recently and that the projects had proceeded through substantial predevelopment steps before the new numeric density standard applied. Several speakers urged the board to consider the city's housing goals and the particulars of each site rather than applying a strict per-acre unit limit. Board members who supported the variances cited public-interest grounds tied to housing supply and the fact that the TND ordinance implements a model code that city staff and council adopted with limited local adjustment.

The board made no changes to the TND ordinance itself; those policy questions remain with the Common Council. The decisions grant the requested relief for the individual properties as described and, in the board's discussion, were tied to the specific plans and site constraints presented by the applicants.

What happens next: Developers may proceed with the permitting process consistent with the variances and any stated conditions (for example, final publication of TND-specific standards where the board conditioned approval). Appeals of the board's decisions are available to aggrieved parties through Circuit Court, subject to statutory deadlines.

Why it matters: The cases highlight a recurring tension between a city's attempt to standardize form-based/TND rules and the development community's need for predictability and housing production. The board's rulings will allow the three projects to move forward, while leaving open the larger question of whether the TND density metric should be amended at the legislative level.