STEVENS POINT – Stevens Point will soon have another option for coffee and sweet drinks.
The Common Council on June 24 during a special meeting approved 7-3 a conditional use permit with staff recommendations for Eau Claire-based developer 7B Stevens Point 385 LLC to construct a 7 Brew coffee shop at 532 Division St. Alderpersons Jacqui Guthrie (District 2), Andrea Olson (District 4) and Mary Kneebone (District 7) voted in opposition, and District 6 Alderperson Joe Donahue was excused from the meeting.
Opposition focused on building’s setback from Division Street
A conditional use permit is required for the development as its design comes in conflict with standards set by the city’s B-TID5 zoning overlay district, particularly in regard to its planned 48-foot setback from Division Street, according to a June 1 staff report on the request. The B-TID5 district allows developments with setbacks of 5 feet or less without a conditional use permit.
“[The district] allows for these types of developments with a conditional use [permit],” Mayor Mike Wiza explained during the meeting. “If there is something you don’t want to allow … then conditional uses should not be allowed for those types of things, but they are currently.”
Alderpersons who voted in opposition to the permit’s approval cited past councils’ creation and maintenance of the overlay district and its short building setbacks as their reason for their opposition, according to discussion during the meeting.
Staff recommended approval of the permit with conditions that the developer obtain a building permit, an erosion control permit and shared access agreements with adjacent property owners, including 500 Division St., for use of their current and future parking lot entryways in order to meet the city’s design standards.
City attorney clarifies state statute on conditional use permits
City Attorney Logan Beveridge explained the conflict between different city plans and zoning districts and requirements of state statutes after several minutes of discussion between alderpersons.
“[Conditional use permits] create an illusion of freedom for common councils,” Beveridge said. “They create illusion of authority to the public, they create arguments and chaos that are wildly unnecessary.”
By state statute, the conditional use permit process cannot be used to add unknown constraints on a property under consideration by a developer beyond what is set by a municipality’s zoning code, Beveridge explained. If a developer meets standards set by a municipality’s zoning code, then that municipality’s governing bodies are generally required by state law to approve a conditional use permit.
“[Conditional use permits] create this false sense that there is an ability to say ‘no’ … which just does not exist,” Beveridge added.
During a June 1 meeting, the Plan Commission considered both the conditional use permit and the site plan review. The site plan was approved by the commission with a 6-1 vote while the conditional use permit did not receive approval with a 3-3 vote by the commission. Commissioners Mike Beacom, Pete Arntsen and Matthew Rice voted against the proposed permit citing past commission and council votes to reduce building setbacks along the north Division Street corridor to improve conditions for pedestrians.
Developer says additional setback necessary to avoid traffic issues
An additional exhibit was provided by Mylena Oliveira, a representative of the developer, in the hours before the June 15 Common Council meeting that illustrated points of potential traffic conflict if the proposed 530-square-foot coffee shop and 290-square-foot exterior cooler building were placed in accordance with the zoning district’s 5-foot-wide roadway setbacks.
The late arrival of the additional information led to a unanimous Common Council vote to postpone the decision. A site plan review of the parcel was approved during the June 15 meeting.
7 Brew anticipates December coffee shop opening
District 1 Alderperson and Common Council President Marc Christianson said during the June 24 meeting that the additional information made it clear that the adjustment to the building setbacks were necessary for the safety of the proposed development.
The Common Council held the June 24 special meeting as Oliveira stated during the June 15 meeting that a one-month delay in planning would greatly impact the developer’s ability to complete the project.
Construction on the coffee shop, outdoor seating area, exterior cooler, parking lot and driving lanes is expected to begin by September with an anticipated opening date in December, according to the permit request.
The 7 Brew coffee shop in Stevens Point will be the third in central Wisconsin in the last few months. The coffee shop brand opened a location on North Central Avenue in Marshfield in October, and opened in November on Rib Mountain Drive in Rib Mountain.
According to the 7 Brew website, the company started in 2017 and how operates more than 700 stands all over the country, including 20 locations in Wisconsin.
Erik Pfantz covers local government and education in central Wisconsin for USA TODAY NETWORK – Wisconsin and values his background as a rural Wisconsinite. Contact him at epfantz@usatodayco.com.
This article originally appeared on Stevens Point Journal: 7 Brew receives approval for Stevens Point coffee shop on Division St.
Reporting by Erik Pfantz, Stevens Point Journal / Stevens Point Journal
USA TODAY Network via Reuters Connect
By Erik Pfantz, Stevens Point Journal | USA TODAY Network
