Plan Commission places Minocqua Brewing�����������������application on file without prejudice

The Madison Plan Commission placed Minocqua Brewing Company's conditional-use request to allow amplified sound in an existing outdoor eating area on file without prejudice on March 2, saying the proposal did not meet the city's standard for impacts on neighboring properties.

Planning staff told the commission that conditional-use Standards 1 through 6 were generally applicable but that Standard 3  which requires that the "uses, values, and enjoyment of other property in the neighborhood" not be substantially impaired  was not met because the patio abuts residential property and staff could not conclude impacts would be mitigated. Planner Tim Parks said staff recommended placing the application on file without prejudice or, if the commission approved, imposing strict limits including a noise attenuation plan and limited frequency of events.

"Staff feels that this standard is not met," Parks said, noting the patio sits within about 40 feet of an existing residence and that mitigation depends on volume levels, speaker placement, size of performing ensembles and other variables.

Kirk Bangstad, owner of Minocqua Brewing Company, told commissioners his taproom seeks limited amplified sound mainly for Badger football broadcasts and occasional small musical performances. "It's only 3 hours on Saturdays," Bangstad said, and stressed his status as a local small business. He argued that neighborhood noise from aircraft is already loud and that occasional outdoor music would be a modest addition.

A neighborhood speaker who identified himself as Alex Sherwood said residents had provided written evidence of amplified performances and argued the lack of formal complaints in city files should not be read as absence of harm. "The absence of complaints in the report is now being read as the absence of a problem, which I disagree with," Sherwood said, urging the commission to avoid repeated returns of the same item that drain community resources.

Commissioner Solheim moved that the commission find the conditional-use standards not met (particularly Standard 3) and place the request on file without prejudice; Alder Field seconded. The chair called for objections and, when none were raised, the motion passed unanimously.

Placing the application on file without prejudice preserves the applicant's ability to modify and refile the request; a denial with prejudice would bar the same request for one year. Staff suggested conditions that would be required if the commission later approved amplified sound, including a noise attenuation and management plan, installation of a sound-mitigating curtain or equivalent system, and limits on frequency and seasonal windows for amplified events.

The item may return to the commission if the applicant significantly revises its proposal or provides additional mitigation evidence. The commission did not adopt new operating hours or specific decibel limits at the March 2 meeting.