Controversial bocce ball courts are OK’d | Ozaukee Co. Business News

CEDARBURG — Despite opposition from neighbors and two commissioners, a majority of the Cedarburg Plan Commission on Monday gave the go for bocce ball courts at a wine bar on Portland Road.

The Plan Commission approved a conditional use permit amendment for Sierzant to install two lanes for bocce ball, as well as lighting outside and amplified and ambient sound/music in the outdoor patio.

It did not approve Sierzant’s request to use a shed adjacent to the outdoor seating area to serve alcohol.

The stipulations for the outdoor seating and bocce ball areas are that hours of use cannot go later than 9 p.m. Sunday through Thursday and 10 p.m. Friday and Saturday. In addition, the amplified music cannot exceed 65 decibels at the lot line. Sierzant’s proposal requested using dimmable string/café style lighting in the fence seating area, but the commission asked for a revised seating area lighting plan.

The city code does list “indoor or outdoor recreational and entertainment facilities” as a conditional use that may be considered in the B-2 Community Business District, which is the district Sierzant, N49W5471 Portland Road, is in.

Sierzant owners’ proposal for outside have been met with pushback from some residents living near the bar since the beginning. Neighbors have been concerned with how noise and lights from the bar would impact them.

Sierzant co-owners Joe Nowak and Seth Dehne said they have tried working with neighbors.

“It seems that some — a small minority, not the majority — do not want the address of N49W5471 Portland Road to be a bar, which (it) was since 1897, per the Cedarburg Historical Society” Nowak said. “These people bought houses next to a bar, an existing bar.”

Commissioners Jack Arnett and Sherry Bublitz voted against the motion.

“You got what you bought,” Arnett said. “Now they want to expand it and it’s a different concept than what they bought.”

The city last year approved a conditional use permit that allowed Sierzant the same uses as Ernie’s Wine Bar, the last bar that operated at this location. Ernie’s Wine Bar had permission from the city for an outdoor seating/ area beer garden, not to exceed 1,200 square feet in area, adjacent to the south side of the building.

No outdoor lighting or music was included in the approval at that time, however, Ernie’s Wine Bar did have that for a period of time.

Censky said that within the confines of its conditional use permit process, Sierzant could request for an amendment to the site plan to add lighting to the existing footprint it has approval for outdoor seating and can ask the commission to make a recommendation about whether to permit amplified music.

Commissioner Jim Fitzpatrick said it’s reasonable for Sierzant’s owners to expect that they’d be able to have the same footprint for the outdoor patio, lights and speakers for music as Ernie’s Wine Bar did when it was open.

“That is very reasonable expectations from them coming in as new owners to this property,” he said.

People’s opinion on the noise level of bocce ball varied.

“It’s the quietest recreational game you could possibly play‚” Nowak said, Resident Eddie Sauer agreed.

“It’s something different, it’s not intrusive and it’s something that Cedarburg doesn’t have, it’s something I think we could use.”

Fitzpatrick also said bocce ball is a quiet sport.

“I think a lot of this stuff is reasonable, I wish we could find a middle ground but it sounds like weren’t able to find that‚” he said.

There were neighbors at the meeting who were still concerned about the noise level being loud due to the game. Resident Tara Strong said with alcohol involved, people will be excited while playing and cheering will be loud.

Bublitz said cheering is bound to happen during the game.

Mayor Pat Thome said she didn’t want to jeopardize the “very limited scope of opportunities” allowed in the B-2 District since it’s a district that adjoins neighborhoods. She added she was hesitant to add pieces to what kind of outdoor recreation is allowed in the district as it could set a precedent.

“I want to be cautious about what we do in B-2,” she said. “I don’t want to preclude the purpose of the district by adding conditional uses that once you’ve added them, they’re there.”

Mike Kashou and Jacqueline Janz live next to Sierzant and they believed the bar’s proposal would significantly impact the “peaceful” surroundings. Janz stated that she obtained 50 signatures from neighbors on a petition objecting to Sierzant’s proposal.

“People told us stories from prior years regarding trespassing, urinating in yards, beer can debris and loud people late into the evenings, increasing our concerns about expanding activities in this B-2 zone … The substantial noise, traffic and lighting will greatly disturb dozens,” Janz said.

Resident Ben Recob asked the commission to approve Sierzant’s requests.

“If we start to limit the amount of outdoor activities, that’s when you put pressure on other small business owners who want to do the same,” he said.