The La Crosse Board of Zoning Appeals on June 17 tabled an administrative appeal that sought review of the zoning administrator's interpretation of permitted uses at 3102 Chestnut Place.

Building and Inspections staff explained the appeal covered two alleged determinations: an approval for an industrial use and a refusal for a residential-commercial rowhouse. Staff told the board that, as of the hearing date, no permits had been applied for or issued and that no formal, appealable determination existed. For that reason staff recommended the matter was not ripe for adjudication.

A nearby property owner testified in opposition, expressing concern that Northern Natural Gas had discussed relocating a transfer station (a noisy, industrial operation) to a lot adjacent to the appeal property. The resident said the transfer station would be "noisy, smelly, and visually horrible to look at" and urged the board to prevent that use at the site. The resident also said Northern Natural Gas had indicated potential eminent-domain action to obtain a site.

Board members and counsel pressed the limits of the board's authority. Legal counsel and staff said an injunction or other court remedy might be the appropriate avenue if a public utility pursues eminent domain or an action that threatens neighboring properties. Several board members expressed reluctance to decide an appeal where no final administrative decision exists and where the subject concerns potential uses by a public utility that may be decided through separate procedures.

A motion to table the administrative appeal was made and carried by recorded vote. Board members said tabling preserved options for the affected neighbors and the applicant but left the underlying zoning questions unresolved.

Next steps: The board will not issue a merits decision at this hearing. Residents concerned about a proposed utility station were advised that their remedies may include court actions (such as seeking an injunction) or engagement with city staff and the Common Council if an actual permit or utility action is formally proposed.

Why it matters: The appeal highlights limits of the board's jurisdiction and the procedural threshold that an administrative appeal requires a final, reviewable administrative action. Neighbors remain concerned about a potential utility use adjacent to residential parcels and were advised to pursue appropriate administrative or judicial remedies when concrete decisions are made.