City says Hawaiian Tanning Studio’s building in Wisconsin Rapids has multiple violations

WISCONSIN RAPIDS – After more than five months at its new location, Hawaiian Tanning Studio has not met zoning or building exterior requirements.

There are multiple violations on the site, said Kyle Kearns, the city’s director of community development, including exterior and landscaping requirements that are standard requirements for every company and every new construction project. While the violations are specific to Wisconsin Rapids standards, Kearns said they’re standards found throughout any community.

One violation on the property is not offering handicapped stalls, a federal requirement set by the Americans with Disabilities Act, he said.

Kearns said the city sent a letter to the property owner, reminding him which violations still need to be addressed. The letter states the violations need to be corrected or the city would take further action.

According to property records, James Gannigan owns the property.

How did we get here?

Hawaiian Tanning Studio has been working on plans for a new location at 620 Airport Ave., behind Walgreens, for more than two years.

In April 2022, the Daily Tribune reported the studio’s plans to build a 6,120-square-foot building on a formerly vacant lot, offering 20 tanning booths, a lobby, sales and retail areas and storage space.

At the time, the city’s Plan Commission discussed details of the plan that needed revisions. At the group’s April 18, 2022, meeting, members discussed concerns with landscaping and parking plans. Kearns told commission members at the time the plan could not be approved as presented, and members postponed a decision.

At a March 6, 2023, Plan Commission meeting, plans for the project were approved with conditions regarding storm water management, sidewalks, lighting fixtures, a way to address floodplain standards and a privacy fence. The project also needed to obtain applicable permits through the city and the community development department would have the authority to approve minor modifications to the plans.

By October 2023, the project was not complying with inspections, and the city issued a stop order and revoked building permits due to the failed inspections. Crews continued to work on the site. A couple of months later, permits were reinstated and the stop order was lifted .

Hawaiian Tanning Studio opened at the new location March 5 with a temporary occupancy permit, allowing the business to finish work on the exterior and parking lot. The temporary occupancy permit required the business to finish work on the property before securing its permanent occupancy permit.

After little progress since its opening and questions about the property from readers, a Daily Tribune reporter reached out to Kearns for an update.

What happens next?

Kearns said the city will give the business a few days to respond before taking action. The city would likely start issuing citations, but it has other options if the business fails to comply.

One option could be to go through Wood County Circuit Court, he said.

According to the Wisconsin Rapids municipal code , each item not in full compliance with the zoning code counts as a separate and distinct violations, and each day a violation continues is considered a separate offense.

According to the city municipal code, a zoning administrator would investigate violations. If a violation exists that does not constitute an immediate threat to public health, safety or welfare, the zoning administrator would send a violation notice by mail.

A violation notice would include a description of the violation, which sections of the municipal code are being violated and measures that would fix the violation. It would also include a statement that the property owner has 30 days from the date of the notice to comply after a first notice or 15 days after the second. The violation notice would provide information about how the owner can request an extension, appeal process information and information about penalties for continued non-compliance.

If a violation involves construction, the zoning administrator would issue a stop work order.

Property owners can request extensions or fill out an administrative appeal application to the city. If the property owner does not correct violations and bring the property into compliance and has not received an extension, the zoning administrator or law enforcement officer would send a citation to the property owner.

If a violation is an immediate threat to public health and/or safety, the city can pursue all remedies, penalties and enforcement powers available, the code says. Other remedies may include an injunction, restraining order or other equitable relief in court to stop violations, according to the municipal code.

ADA violations are federal violations and can be fined up to $75,000 for a first violation and up to $150,000 for following violations.

‘An unfortunate situation’

Kearns called the issue "an unfortunate situation.” He said the city wants to promote businesses and see businesses succeed throughout the city. He said the city has been lenient in this situation so far, giving the business owners the benefit of the doubt along the way, but the owners have been unwilling to comply.

A Daily Tribune reporter has reached out to Hawaiian Tanning Studio multiple times about the progress of the project since 2022 with no response.

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Contact Caitlin at cshuda@gannett.com or follow her on Twitter @CaitlinShuda .

This article originally appeared on Wisconsin Rapids Daily Tribune: City says Hawaiian Tanning Studio’s building in Wisconsin Rapids has multiple violations