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Plan commission grants waiver of private‑sidewalk requirement for Pizza Ranch site over staff objection
Summary
The commission granted an amendment waiving a conditional‑use permit requirement to install private sidewalks on two sides of a proposed Pizza Ranch at 4955 Green Bay Road after heated discussion; staff had recommended denial citing pedestrian safety and connectivity, while the applicant argued sidewalks would be underused, increase impervious surface and raise fee‑in‑lieu costs.
The Kenosha City Plan Commission voted to grant the applicant an amendment to a municipal use permit for a proposed 9,625‑square‑foot Pizza Ranch at 4955 Green Bay Road, waiving a prior condition that would have required private sidewalks along two sides of the parcel.
Neil Back of Spear Vector Associates, speaking for the applicant, asked the commission to remove the private‑sidewalk requirement on the south and east sides of the lot. Back argued the sidewalks would be underutilized, would add impervious surface, complicate stormwater goals and generate a substantial fee‑in‑lieu obligation. "I don't see this being used," Back said, adding that building the sidewalks could interfere with the site's stormwater management.
City planning staff recommended denial of the amendment and said the original conditional‑use approval included private sidewalks to provide a safer pedestrian connection for employees and visitors. "We would like to see the sidewalks in there," staff said, adding that staff can suggest alternate language if the commission wants to provide relief.
Commissioners debated enforceability and the distinction between private and public sidewalks, noting that private sidewalks are difficult for the city to require after development and that converting the area to public right‑of‑way would be unlikely without significant action. Several commissioners said the area lacks a public‑sidewalk connection to the south and east and questioned whether forcing private sidewalks would be effective. Others said the sidewalk requirement may be the only opportunity to secure pedestrian access in the near term.
The commission moved to establish a condition that waives the private‑sidewalk requirement for the south and east sides of the lot; the motion passed by voice vote. Staff noted that because this is an amendment, final approval would return to the commission in about 30 days with the agreed conditions and technical language.
The commission’s decision removes the immediate private‑sidewalk requirement but leaves open the possibility the issue could be revisited if the property owner returns for future amendments or if adjacent development changes connectivity.
