HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 08/15/1984 r�i .
BOARD OF ZONING AppEAI'� NIINUI'FS AUGCIST 15, 1984 1�,�'1NG PAGE ELEVE'N
XTII. Appeal of Bren Hartinger, agent for Cc�p's �zp., awner of the
prc�rty located at 1200 S Koeller St. , proposes t,o relocate an
exi.sting groLmd sign and requests the follawing: A 5' f�,ant yard
setback is praposed; whereas a 25' fmnt yard setback i.s requ.ired.
A�. Porter stated the appellant proposes to relocate an existing ground sign
and is requesting a variance to the front yan3 setback requir�rents,
I�r'• Bx'en Hartinger, agent for Capp's Corp. , distributed pictures of existing
I�nard's and :�'1cDonald's signs. (Said pictures not made part of these minutes.)
i✓�x'• Hartinger inda.cated the sign for Qopp's will be setback about the sairn
distance. Also, due to gas Lines in this arF.a, he p�inted out the sign woul.d
have tra be setback 70' to miss th�. If the sign wexe setback that far, it
wc>uld not be visi.ble.
. Mr. Y.ing ;n�n�;red h�a wide the area for the gas lines is?
- Mx'. HaL-t�nger replied probably �00' �rom the lot line to the other si.de of
the gas lines.
M�:. Kin� inquixed if there is an easen�nt pzohibiting placi.ng the sign within
this area?
' Nir. Hartinger replied they could r�t place the sign within this area because
of the s�ports that are used, they �,�ould be too close to the m�ins. He �
pai.nted out they can not be any closer than 5' , at a miniirn.an, to a gas line.
1�i-. C�ldthwaite ir�uised if the proposed sign would be in l:ine with the rest
o� the signs in this area?
Mr. H�ge� replie3 yes.
Ns;>uan by Dan Ga1d�k-iwaite to m� the appeal. Nbtion seconded by Jim Larson.
Nr�aon approved 5�-0.
Reg�-dit�g th� f�ndinas of fact, Mr. Goldthw�.ite felt the pxnposed location is
the }�st place to �ut the sign. There will be no hardship to any one else
because other sigi� are setb3ck the sa�re distance in t-l�.is area.
b�rs. Cartwright s t.ated Cbpp's wc�uld have a hardship for idea�,,:ification if the
sic�m tio�.ild hav� to be plaoed on the t�ther side of the gas line. This priv�ilege
t� als� i�en granted to oth�.rs in the area.
X.IV, Appeal of Bob �oeder, age,nt for Wallace Wickander, ovmer af tt�e
�''� vacant pzc�p�rt�-y located a� th� northeast corner of W. 9ilZ Ave. ar�d
�,,; , S, t�a�Y�bui:n St., praposes to consti-uct a fast foad re�staurant on a
, �' vac.ant tot and rec�sts the following: (1) Proposes t:o provS_<��,a
parking ir� the fr�zit yard setbac};; ti��reas parking is not pexz�u.tted
i.n desigi�.�.eci setback amas. (2) PiroposEs �o locate clirectionaI.
signs, an SD sign, bicycle rack and dLn�stFx within the 25' �r�nt
and/or. x�a2- yard setLacks; whe.reas a 'l5' f�nt and rear yard set}�:�ck
is re�u.ired.
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� QF' ZONIIIG APPEAI,S MIIVUI�.S AUGUST 15, 1984 ��G PAGE �VE
Mr. Larson infox�d Q�.i�n King that he wauld not be able to participate
in this appeal due to a cnntlict of i.nterest.
Mz'• �5 �o�d the appellant that with a 4 �rnmber F�a�x,-d, four affiiznative
votes will be needecl to grant the variances. If the wte is 3-1, this
consti-tutes an autoat�tic lay over, not a denial. If th� vot� is 1-3, it wnuld
be oonsidered a denial.
Ms. Porter sta'ted the appellant, Bob Boeder, is acting as agent for N+r.
Wallace Wic}c�n.der, awner of the P�Y � Q�stion. Mr. Boeder is riot the
c�mer as inc��.cated on the agenda. Ms. Porter eontinued the appellant pro-
poses to con,5truct a ��.st foc�d restaurant on a vacant lot and is r�sting
variances far front and/or rear yard setbacks for dixectional signs, an
idPntification sign, bicycle rack and d�ster. The appellant is also request-
ing a v�;�.-iance to provic� parking i.n the front yard setback. Ms. Portex
• stated her main aonc�rn is for green space in a new develop�nt area. Also,
Washburn Street mm�y be 4 lanes in the future tr� acacenmdate the traffic
- generated by �ti-i in this area. �Should this happen► th�re will be no green
space to buffer the par}ci.ng alor�g Washburn Street as proposed.
P�Sr. Bob Boeder, agent for �•�allace Wickander, distsi�ted a �p illustrating
t-he lot in question an3 w�at is proposed. (Said rnap not made part of these
a �.nutes.) He oontinuad that the prope.rty has two ga.s lines through it,
one a 10" main and tt;;; othar a 17" m�in, whi.ch restricts �nstruction on the
easerrn_nts. He continued there will be 66 parking stalls. At ti�s, larger
vehicles, e.g. buses, tz-ucks, etc, , �y take � 4-6 stalls and the additional
spaces will be�needed. ThAxe wi11 be landscaP�g � 9�n�y on islands in
the parking lot. The green space is the rightrof-way and not part of the parcel.
�'• Jam Iax'son, ax'chitect for the project, stated the i.ntent of the drawing
wa.s not to mislead the �oard regardiri9 gr'een sPace. It is intend�W�d just to
Sh�w th� 9z'een spa� around Washburn Street. Unlike many other sites acrnss
Washburn Street, this is the only site that abutts 9th Avenue and has gre�n
s�ace around it. The gas li.ne bir. Boedex referrE�ci to is 65' wide and no struc-
�-e can ]a� �nstruc�t.:ed thern. r�-. Iarson indicated this gas line h�s dictat�.-d
th_e l�,�on of the builclingo If the buildi.ng is turned 90 degre�es, 1 raw of
pax-king wauld be last and irost o� the parl:ing would be �mte frc�n the entrance.
��x. Iarsen felt �is i.s v�xy s�milar to the Perkins site. Visability of the
����ure �+�-11- b� mu�h better at this location t1�an if p1ac� in ano�:.her.
I�'• L�s'son a1-so pointed out that if the structure is moved to the south, other
a�nstruction problems are cr�ated, eog, existi.ng w�1..ls, houses, etc.
�:�'. Baec-�er pointed out. that the sions wi11 be samilar to other L�zuger Ki..ng
sic�ns, with one siqxi sligh'r1y 1ax�ger tha�i the ott,ers.
?•�-�i.�n by Elaine Cai-tcaright to m�v� the a�:��..al. P3�ia.on seca�nded by Harry L�ke.
t�ati.on approved 4a0.
R��arcl�.ng the fiulclings of fact, AZr. Luebke stated it appears to be the sa� as
fh� �erk_in.5 site, as far_ as space �u� area is c�ncerned.
I��rs. Cartvrright stat�3 she is aon�ident this wi11 be a suitable shield for
the parking lote