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HomeMy WebLinkAbout12-8-2021 Board of Appeals Minutes EDITEDBoard of Appeals Minutes 1 December 8, 2021 BOARD OF APPEALS MINUTES December 8, 2021 PRESENT: Robert Krasniewski, Kathryn Larson, Wesley Kottke, Barbara Schmitz EXCUSED: Dan Carpenter STAFF: Todd Muehrer, Zoning Administrator; Rachel Anderson, Recording Secretary Chairperson Krasniewski called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. Mr. Krasniewski asked for nominations for chair. Ms. Larson nominated Mr. Krasniewski. Seconded by Mr. Kottke. Approved 3-0. (Ayes-Larson, Schmitz & Kottke. Krasniewski Abstained) Mr. Krasniewski asked for nominations for Vice Chair. Mr. Kottke nominated Ms. Larson. Ms. Larson nominated Mr. Kottke. Ms. Larson declined the nomination for Vice Chair. Mr. Kottke explained that he might have some scheduling conflicts at a later date to deal with. Approved 3-0. (Ayes-Krasniewski, Larson & Schmitz. Kottke Abstained). The minutes of May 12, 2021 were approved as presented. (Larson/Schmitz) ITEM I: 222 Jackson Street Staff report accepted as part of the record. Neenah Minimart-applicant/owner, requests the following variance to permit exterior lighting to exceed the maximum illumination level allowable at the property line: Description Code Reference Required Proposed Intensity of Illumination @ P/L 30-190 (E)(3)(a) .50 foot-candles Varies Board of Appeals Minutes 2 December 8, 2021 Mr. Muehrer presented the item. The petitioners are proposing to redevelop the site with an in-vehicle sales land use featuring six fueling stations and a convenience store. The plan includes a traditional freestanding canopy with lighting over the proposed fueling stations. A variance is needed to permit the site’s lighting to exceed the .50 foot-candle (fc) allowance at the property line. The submitted photometric plan shows the proposed placement of the canopy fixtures along with the associated illumination levels throughout the site and the property lines. While the east and south lot lines abutting private property are compliant the illumination levels at High Avenue and Jackson Street both exceed .50 fc due to the close proximity of the proposed canopy. This practical difficulty is preventing the owners from developing the site and unnecessarily burdensome. The unique parcel configuration and limited geographic area in general are creating justifiable hardship in this instance. Granting the variance will not result in any harm to the public interest as the parcel is located on a principal arterial street within a commercial corridor. Furthermore, the specific areas exceeding the .50 fc’s are adjacent to public right-of- way and not private property. It should be noted city staff will be proposing a code text amendment in the future to allow private property development to exceed the .50 fc threshold as the increased illumination levels in the public right-of-way are seen as a public safety enhancement for navigation and way-finding purposes in general for motorists and pedestrians. The City’s Department of Public Works, Inspection Services, and Transportation all have reviewed the proposal and have no objections or further recommendations. Ms. Abby Maslanka (1377 Midway Road Menasha, WI) from Martenson & Eisele Inc. introduced herself and was sworn in. Ms. Maslanka explained that they took into consideration the lighting for the neighboring properties. Only two properties would experience additional lighting. Mr. Kottke asked to explain what candle foot lighting is. Ms. Maslanka replied it is the measurement on how intense the light is. Mr. Kottke asked how it would compare to a street lamp. Mr. Muehrer answered they aren’t comparable as the distance from the height as well as the fixture itself and the angle differ. Typically the illumination is measured with a light meter. Ms. Larson asked is it the same as gas station lighting. Ms. Maslanka replied yes it is standard lighting design which is throughout the Fox Valley. Mr. Muehrer noted the application states the upper lighting was reduced by 30% compared to normal gas station lighting but they are still having issues based on the constraints of the location. Ms. Maslanka said they will still be achieving the 90 degree angle but with the amount of space we have it doesn’t fade out to the required .50 candle. Mr. Muehrer replied that there is a minimum amount of lighting required because the police department looks at it and they are also trying to prevent muggings and other crime after dark. Board of Appeals Minutes 3 December 8, 2021 Ms. Larson asked if there would be any glare that is going to be factoring for cars passing by. Mr. Muehrer said that the Transportation Department took a look at the lighting to make sure that there would be no motorist impacted by this. Mr. Richard Christl (5544 State Road 116 Omro, WI) introduced himself and was sworn in. He stated he’s owned 309 High Avenue since 1984. This property and his property failed a soil test from Casey’s general store a year ago and are worse than a brownfield. Concerning the lights he believes it will be disruptive and excessive to his tenants. He’s not opposed to the development but this lighting should not be given a variance and they should put in the maximum lighting allowed by code. Because of vandals in the area he had to put motion sensor lighting on three sections of his building and when people come near the sensor lights they get blinded. Mr. Kottke asked how this light differs from Mr. Christl’s own lighting. Mr. Christl replied his lighting is different because he did not have to get a variance. This variance is for more candle power on the property. His lights go on only when sensing motion verses a dusk to dawn light. He requests the board does not give the variance for the sake of the tenants. Ms. Larson asked is there a building between Mr. Christl’s building and the property in question. Mr. Krasniewski asked what the address of Mr. Christl’s building is. Mr. Christl answered 309 High Street, adjacent to the subject property. He then questioned if there is 5 feet between his property line and the building. He noted there is concrete that comes out where they use to put the waste oil but it looks like they are going to put in a dumpster corral there. Mr. Muehrer noted looking at page 9 of the staff report, the photometric levels when you get to Mr. Christl’s property are 0 foot candles. The nearest request is all the way west of the building when you get to the drive way on High Avenue. Mr. Krasniewski shared his photometric level page with the group which he highlighted blue for any candles in excess of .50. The only spill is on the road and not on Mr. Christl’s property. Mr. Christl said he just wanted to make his concerns heard. Ms. Maslanka replied the plan is meeting the 0 foot candles along the adjacent properties and will be planting arborvitaes around the dumpsters providing additional screening. The back will be cleaned up with new landscaping. The owners are aware of the contaminated soils in that location and they do have markers to have soils flagged as contaminated for certified disposal. Mr. Krasniewski asked if the variance goes with the property, will this variance apply if they razed the gas station in the future and put lights up that Mr. Christl’s property could be affected with light. Mr. Muehrer stated the photometric plan and levels approved today would be tied to future development and anything not meeting code at that time would then require an amended or new variance. Board of Appeals Minutes 4 December 8, 2021 Ms. Larson motioned to approve the variance as requested. Seconded by Mr. Kottke. Approved 4-0 Findings of facts: Board finds there is no harm to the public interest exceeding the .50 foot-candle at the property line as outlined in the staff report. There being no further business, the meeting adjourned at 4:01 p.m. (Kottke/Larson). Respectfully submitted, Todd Muehrer Zoning Administrator