Plan Commission places Minocqua Brewing amplified-sound request on file after staff and neighbors raise proximity concerns

The Madison Plan Commission on Monday placed on file without prejudice a conditional-use application from Minocqua Brewing Company seeking permission for amplified sound in an existing outdoor eating area at 2927 East Washington Avenue.

Planning staff recommended placing the application on file because the outdoor area sits roughly 40 feet from the nearest dwelling and staff concluded that conditional-use standard number 3 — that the use not substantially impair the use and enjoyment of nearby properties — was not met. The motion to place the application on file was made by Commissioner Solheim and passed by unanimous voice consent.

Why this matters: Commission decisions on outdoor amplified sound weigh support for local arts and businesses against potential impacts on adjacent residences. Staff noted the close proximity of the beer garden to homes and said that past approvals for amplified sound were rare for sites with nearby housing as close as this site.

Staff findings and applicant proposal: Planning staff reported that the site’s outdoor area is about 1,100 square feet and that the applicant proposed amplified sound on Thursdays (6–8:45 p.m.), Saturdays (noon–8:45 p.m.) and Sundays (noon–6 p.m.), without increasing closing hours past 9 p.m. Staff said the median distance for previously approved outdoor-amplified-sound requests in Madison was 143 feet; of 78 requests for outdoor seating, only eight had been approved for amplified sound. For sites with nearby residential uses 40 feet or closer, staff said 26 such proposals had been filed and only one had been approved; that approval involved a newly constructed mixed-use building with no impacted on-site residential units.

Staff also noted a building-inspection enforcement notice sent to the applicant in October 2024 for a violation of the supplemental regulations (hours after 9 p.m. and amplified sound). Matt Tucker, director of the Building Inspection Division, told the commission his office first seeks voluntary compliance, then issues a notice of violation and can escalate to municipal citation if necessary. Tucker said the office sent an official notice in this case after a website posting publicized planned outdoor music events.

Public comment and applicant remarks: Applicant Kirk Bangstad (recorded in the file as the owner) framed the request as support for the arts and described the taproom as a cultural venue; he said the amplified sound level he envisioned would be comparable to street traffic and that the business had been a target of complaints in a prior community. Nick Pivak, chair of the Madison Arts Commission, urged the commission to consider arts-supporting policies and to review city guidance on sound and arts venues. Neighbors opposed the request; Alex Sherwood, who lives adjacent to the beer garden, described repeated violations and voiced concern that a one-year trial would extend a period of uncompensated impact on nearby residents. Doug Johnson, representing the neighborhood association, told commissioners he had echoed staff’s recommendation.

Outcome and next steps: The commission placed the conditional-use request on file without prejudice and did not approve amplified outdoor sound at this location. “Placed on file without prejudice” allows the applicant to return with revisions or additional mitigation. Staff had suggested potential mitigations such as sound-absorbing curtains and monitoring, but staff said city measurement methods and the site’s proximity limited the likely effectiveness of those measures.

Sources and provenance: Planning staff presentation and the applicant and public comments during the April 28 public hearing.