The Racine Common Council on March 4 denied an appeal of the Planning, Heritage and Design Commission’s (PHDC) December 2 decision and left intact PHDC’s denial of a conditional-use permit for a proposed multifamily residence at 801 Wisconsin Avenue.

City Development staff summarized PHDC’s findings to the council, explaining the commission must find seven statutory criteria in order to approve a conditional-use permit. Jeff Hintz of City Development said PHDC concluded the application did not meet all required standards and explained two principal concerns: parking adequacy for the total parcel and compatibility with design guidelines for contributing historic structures.

Hintz said the applicant’s plan would add several stories to the existing structure and that the property includes an unprogrammed historic church structure (referred to in testimony as Gorton Hall). “The unprogrammed space as part of this use would require 40 or 60 more parking spaces,” Hintz told council, noting PHDC’s concern was the totality of parking needs for the entire parcel rather than a shortfall solely for the proposed apartments.

The city attorney explained the council’s scope on appeal is narrow: the council must decide whether the PHDC abused its discretion under the ordinance’s seven conjunctive criteria. If the council finds no abuse of discretion, the PHDC denial stands. If the council allows the appeal, the matter returns to PHDC for further consideration; the council cannot itself grant the conditional-use permit.

After discussion, a motion to allow the appeal failed; the council then voted to deny the appeal and uphold PHDC’s December denial. The clerk recorded the vote on denying the appeal as 11 ayes and 1 no.

Why it matters: The decision leaves the PHDC denial in effect; the applicant may not submit a substantially similar conditional-use application for one year unless PHDC finds valid new evidence or a change in conditions.

Speakers quoted in this story are taken from the March 4 meeting record; Jeff Hintz represented City Development and the city attorney summarized statutory standards for appeal.