Talks on issuing a conditional use permit (CUP) for the construction of a 52,000-square-foot U-Haul storage facility just north of downtown Eagle River were again postponed during Thursday’s planning commission meeting to allow city officials and business owners in the vicinity to do some fact-finding.

The topic was originally discussed during last month’s planning commission meeting but was tabled so U-Haul could bring back more information on building and landscaping plans, lighting, and water retention designs. They brought nearly 200 pages of plans back to this meeting, which the city’s engineering company is in the process of reviewing.

On pause for business valuations

One of the ways this CUP could be denied is if it were to cause surrounding businesses to lose value, which owners and operators of both Tribute Brewing Company and Bortolotti’s Cin Cin say could very well happen if this structure goes up.

Both businesses are located on Bluebird Lane and would be blocked from highway view by the proposed development. Owners argue that the structure could upset their Highway Commercial zoning since they would no longer be visible from the highway, and also are looking into how these units would impact their participation in the Business Improvement District (BID).

Businesses that are part of the BID pay extra money in taxes to help collectively fund additional improvements to the area. Opponents of the CUP approval argue that using this large chunk of prime real estate is not a good use of the land, saying that a large storage unit will not bring in additional foot traffic that could help improve the area.

During Thursday’s hearing, Jay Stock, owner of Tribute, said he is opposed to the storage units from an aesthetic viewpoint, but is also seeking out an appraiser to give an official opinion on how it may affect or decrease the value of his business.

“A devaluation of our property, as it would no longer be Highway Commercial, would clearly be an element to disallow the conditional use permit,” Stock said.
Vito Bortolotti, who lives in Eagle River and also is one of the operators of the family-owned Bortolotti’s Cin Cin, asked the commission for more time to find an appraiser and possibly consult with a lawyer.

“I understand they (U-Haul) have a lot of time and money invested in this project; well this is our business, we’ve also invested a lot of time and money into ours too so we need a fair shake and a little bit more time to get everything in line,” Bortolotti said, adding that he’d like to learn more about the legal impacts regarding the BID, which Cin-Cin is being taxed on.

He also cited the city’s Comprehensive Plan as a way for our officials to “steward over the aesthetics and character of Eagle River,” adding that “zoning has that jurisdiction to articulate what that looks like.”

Kathryn Craffey, a city resident, also spoke at the meeting saying that Eagle River needs to prepare with “foward-thinking, proactive policies” to address things like the overabundance of storage units and the possibility of data centers in the future, before they happen.

The city is currently working to update its Comprehensive Plan, which must be finalized by the end of 2027.

Act 67

Public input at both meetings so far has shown significant opposition, but commission members noted they are bound by the rules of Wisconsin Act 67 when deciding whether a CUP should be allowed or disallowed.

Act 67 changed how local governments are allowed to regulate CUPs. Prior to 2017, boards had a wider discretion and could deny these permits based on vague, subjective concerns or because of opposition presented during public hearings. The act requires local governments now to base their decisions strictly on “substantial evidence.”

So even though a number of the commission members indicated they were not thrilled with the idea of bringing in a massive storage unit just north of the downtown, they are still bound by Act 67. Should they not grant the CUP based on personal feelings, the decision could be overturned in court.

City engineers’ input

U-Haul’s detailed plans outlined water retention, what type of siding would be used, using downward pointing lights in order to lessen light pollution, and landscaping ideas as the commission had previously requested.

City Administrator Robin Ginner had sent the plans over to MSA Engineering prior to the meeting, but indicated that the company would not have input for another week or so.

Commissioner Brad Adamovich, who also serves as foreman for the city’s public works department, expressed serious concerns about the amount of fill that will need to be hauled out and replaced for this project, among other unknowns.

Plans indicated that a significant amount of earth would have to be removed and filled back in before construction could begin which would likely have a negative impact on the roads surrounding the project.

Adamovich was in favor of postponing any decision until they hear the engineers’ opinion on water retention and draining, as well as the impact all that heavy equipment would have on the roads.

Although U-Haul representative Shawn Odom said the company would be willing to pay for damage to the roads that removal and reinstallation of fill would cause, Adamovich countered that the cost might be higher than they expected and he’d like an estimate in place to replace those stretches of roads.
“We don’t want to rush this. We owe it to our business owners to have time to set valuation,” Adamovich said.

Commissioner Adam Grassl pushed for a decision to be made at the June 4 meeting to speed the project along. He also indicated that from an aesthetic standpoint, the building plans are not at all out of character with the surrounding area which is already populated with a number of metal buildings.
The commission will return to make its recommendation Wednesday, June 17, at 5 p.m. in order to allot time for business owners to gather advice and information from appraisers and possibly lawyers, and also for MSA Engineering to submit its opinion on the project plans.

The final decision on the CUP will then move to the Eagle River City Council.

Other business

During the three-hour meeting, the commission also okayed a final plan review of the bike and pedestrian crossing planned on Highway 45 near Riverview Park, but with some changes including changing plans for sidewalks. Eagle River City Council will give final approval of the plan.

Dennis Meadow’s request to purchase a city-owned parcel adjacent to 655 Bond St. on Silver Lake was postponed while title searches are completed.
The commission also decided to hold future Comprehensive Plan sessions as stand-alone meetings which will resume in the fall.