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Home My WebLink About275 N Washburn Staff Report 6-8-2022STAFF REPORT BOARD OF APPEALS JUNE 8TH, 2022 ITEM I: 275 N WASHBURN STREET GENERAL DESCRIPTION AND BACKGROUND The Board of Appeals Procedures & Regulations Article VI and Section 30-344(B) of the City of Oshkosh Municipal Code gives the board power to hear appeals where it is alleged there is an error in any order, ruling, requirement, decision or determination made by the Director of Community Development or designee. Subsequently, Lamar Central Outdoor, LLC-applicant/Mustain Investments II LLC- owner, request an appeal to the City of Oshkosh Community Development Department’s determination of Zoning Ordinance Section 30-271(F)(7) which prohibits Off-Premise Advertising Signs. The Community Development Department has determined the proposed sign alterations at the site do not meet several ordinance requirements and the application has been denied. The petitioner contends in their submitted application materials the department’s decision is erroneous and the alterations as proposed should be permitted. BACKGROUND The subject property is a rectangular-shaped parcel located mid-block on the west side of N. Washburn Street and currently zoned Suburban Mixed Use (SMU). It is 7.3691 acres in total area and has 250 lineal feet of frontage along the east property line. Facts pertaining to the subject sign structure include the following:  The existing billboard is a legal nonconforming structure as it was constructed in Winnebago County/Town of Algoma prior to the parcel being annexed to the City (i.e. April 9, 1983).  The earliest documentation the city has on file of the billboard existing prior to annexation is a Plat of Survey dated January 27, 1983 that acknowledges an existing “metal billboard” placed in the southeast corner of the lot.  No permits for activity related to the billboard have been issued to date.  A building permit application dated March 23, 2022 was submitted by Lamar Advertising of Green Bay to replace existing sign structure with a new structure that will have back-to-back digital faces.  The digital faces measure 14’ x 48’ each (see Exhibit “A”).  On April 5, 2022 Planning Services issued an email to Lamar Advertising communicating the application could not be approved as it is an alteration and replacement of a nonconforming off-premise sign (i.e. billboard) which is prohibited via Section 30-271(F)(7) & Section 30-294(A)(13).  The denial also included further ordinance limitations related to overall height, sign area, and quantity of Electronic Message Center signs at the site (see Exhibit “B”). Page 1 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -2- JUNE 8TH, 2022 ANALYSIS The site is currently developed with two freestanding pylon signs fronting N. Washburn Street.  The first is an identification sign for the principal commercial indoor entertainment land use located at the site for “Rev’s Bowl Bar & Grill”. It features an internally illuminated dual-sided top cabinet section as well as an accompanying double-sided Electronic Message Center sign. View of existing pylon sign with an EMC for Rev’s Bowl Bar & Grill looking southwest from N Washburn Street (Google Maps July 2019) Page 2 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -3- JUNE 8TH, 2022 View of existing pylon sign with EMC for Rev’s Bowl Bar & grill looking northwest from N Washburn Stret (Google Maps July 2019) Page 3 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -4- JUNE 8TH, 2022  The second freestanding pylon sign is a single-faced, off-premise billboard sign with external uplighting angled to be visible for Highway 41 northbound traffic. View of existing single-sided, static pylon sign looking northwest along N. Washburn Street (Google Maps July 2019) Aerial view of existing angeled pylon signs looking north along N Washburn Street (Connect Explorer image dated 04/29/22). Page 4 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -5- JUNE 8TH, 2022 View of existing single-sided pylon sign looking southwest from N. Washburn Street (Google Maps July 2019) Aerial view of existing single-sided pylon sign looking south along N Washburn Street (Connect Explorer image dated 04/29/22). Page 5 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -6- JUNE 8TH, 2022  This pylon sign is nonconforming because it does not meet Figure 30-290b SMU sign standards for overall area (i.e. proposed sign is 672 sf whereas the code permits the property 250 sf); Maximum Area of all Freestanding Signs per side (i.e. proposed sign is 672 sf whereas the code permits the property a maiximum of 400 sf per side); Maximum Pylon Sign Height (i.e. current sign is 60’ whereas the code permits 35’); and number of freestanding signs per lot (i.e. current sign is second sign whereas code permits 1 freestanding sign per public right-of-way frontage).  Nonconforming signs are regulated in Section 30-312 of the Municipal Code: Page 6 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -7- JUNE 8TH, 2022 The application cannot be approved for the following reasons:  The sign will be a new structure. Both the original application by Lamar Advertising as well as this appeal application submitted to the Board clearly state the proposed scope of work includes “replacing existing sign structure with a new structure”. Therefore, the work will be both be a reconstruction and alteration to a nonconforming sign and the request cannot be permitted via Section 30-312.  The work is not limited to replacing the sign face. Regardless of what the applicant labels the changes, the description of work results in the installation of a new sign. Specifically, the proposed work includes changing a single-sided sign to a double-sided sign. It also includes changing a static billboard to a double-sided Electronic Message Board sign while changing the angle of the existing sign to be visible from both directions on the adjacent interstate. Framing and structural alterations will need to occur to support the alterations and cannot be permitted via Section 30-312.  The sign will be too large. Electronic Message Board signs are limited to 100 sf per side via Figure 30-290b & Section 30-280. The sign would be nearly seven times larger than permitted.  The sign will be a second EMC on site. The proposed alteration will change the definition of the existing nonconforming pylon sign to an additional Electronic Message Board sign on site. Figure 30-290b & Section 30-280 limit Electronic Message Board signs to one per lot.  The application was incomplete. It should be noted no photometric plan was supplied by the applicant to confirm lighting levels would not exceed minimum and maximum footcandle levels at the site as required by Section 30-294(B)(4) & Section 30-310(B)(4). With an Electronic Message Center of this size being proposed the public welfare of surrounding properties would need to be preserved and verified via standards established in Section 30-190.  The nonconforming sign will double its size. The proposed sign alteration would change the configuration of the current sign from single-sided to double- sided. This would be an expansion of a nonconforming sign’s total area and cannot be permitted via Section 30-312 & Section 30-290.  The nonconforming structure will be altered. The proposed sign alteration would also require a structural modification to the existing frame as the current sign is angled to be visible for northbound traffic only. The application states the new sign will be double-sided and visible to both north and southbound traffic. Page 7 of 15 STAFF REPORT BOARD OF APPEALS ITEM I -8- JUNE 8TH, 2022 Section 30-312(C) does not permit alterations to a nonconforming sign’s frame or its supporting structure and cannot be permitted.  The sign will be too high. The proposed sign alteration structurally modifies the existing sign and the overall height would be required to be reduced to 35’ from grade. The propsed 60’ height from grade does not comply with Section 30-290 & Section 30-312 standards.  Safety details were not included. Inspection Services has noted additional structural analysis would need to be submitted by the applicant. Snow and wind load calculations will need to be verified as the alterations to the sign doubles the sign face area and increase the weight of the sign. The submitted sign permit application is contrary to the standards regulating the type; quanity; size; and height for signage in Article X of the Municipal Code. As the above information demonstrates public welfare, community aesthetic goals and compatibility of signs would not be achieved if permitted. The code allows for the existing nonconforming sign to continue being maintained as a single-sided, static, off-premise billboard. However, the request to construct a new double-sided Electronic Message Center sign does not meet standards and is egregious. RECOMMENDATION Based on the information contained in this report and its attachments, staff recommends denial of the applicant’s appeal and affirm staff’s determination that the proposed new sign does not comply with Section 30-271(F)(7); Section 30-280(A)(2); Section 30- 280(A)(6); Section 30-290(A); Figure 30-290b; Section 30-294(A)(13); Section 30- 294(B)(4); Section 30-310(B)(4); Section 30-312(B)(1); and Section 30-312(C) standards and a permit cannot be issued. Page 8 of 15 4e% 46.shkosh EXHIBIT "A" Sign Permit Application 1130 WI 54903-1130 (920) 236-5050 (920) 236-5084 www.ci.oshkosh.wi.us Project 315 N. \lash bqn Sh}, Pa «,l # 91\,I500000o Address Applicant Sign 0rer Owner/ Lnr ldyerhisic8, of (re.Ray 020-34-41-L1Ls Tenant TO Bo 58LNG%,Rce., lL 54115 _rsklau/ent@lam£ ,CD Contractor l 0nor #derkisinq } en ox] 020--347- I7l66 er~'. Sr.Lo1uenl 6k(Aurel@aeac. con Po 7DM 584L,, Dz 1re. \ll 54uI5 bkdppf,_odegti$log litsy # 113 ' II # Architect/ N]A /:J....� Designer i·� % A. '#A Permit Type ¥ mmercial Mufamily 4 Category r,l. GrounSign(Pe/Mnume)□ Wll Sign (<18" from wll face o rjecig Sign (>I8" fromwll fac) Project Rplee e\isling 5lg rue#fe_\ilh • neu) 6Huck, lha ill ave Description Boe 4o helligial f@is. Digial Rees tail\ kw 1WY l?' Mechanical Sp p i ie ig Permits ElAd_Clehnc Value of Job s 315,000 & e # i i I ev a fr he e bm ttd fo t m y q d alp rm7NF Pleasep )D 3/a3/22 I I Signature!'! _J I 2/12/2020 Page 9 of 15 1N me=40081 &hoto ... PANEL #40081 INTERSTATE 41 N/IO WITZEL WS LOCATION #1 ADVERTISING STRENGTHS: WEEKLY IMPRESSIONS: 214,721 MEDIA TYPE/STYLE: Permanent Bulletin -Regular Taft Ave LAT/LONG: MARKET: GEOPATH ID: PANEL SIZE: VINYL SIZE: FACING/READ: ILLUMINATED: SHIPPING ADDRESS: 440186 /-885877 SHKS 306458 14'0x48'0 View Spec Sheet 15'0 x49'0 S h/ L YES 800 S ring R D P r , W 5 5 Lombatd Ave 0 f Southland Ave 5 • Skyview Ave Map data @2022 Impression values based on Total Population «d ,Y [GREEN BAY [ 800.339.5744 ] lamar.com/greenbay Page 10 of 15 , ES l•K v {«P ti} a ti <' � pk'=yey} <: 2j&pi 8 -·,'!-·.� .+ • >=:: $ � 0 8 $ Page 11 of 15 AKH REAL ESTATE LLC 5250 SAMERS BAY RD OMRO WI 54963 AUDREY R HERUTH LIFE ESTATE 310 WESTBROOK DR OSHKOSH WI 54904 BERGSTROM CHEVROLET CADILLAC OF OSHKOSH 150 N GREEN BAY RD NEENAH WI 54956 JEFF M/ROBIN NASON 4124 ALIDA LN OSHKOSH WI 54904 KRISTI H DRUCKREY 340 WESTBROOK DR OSHKOSH WI 54904 MATT T/KRISTINE A TROIBER 280 WESTBROOK DR OSHKOSH WI 54904 MICHAEL J COTTER 1221 TARA DR SUN PRAIRIE WI 53590 MUSTAIN INVESTMENTS II LLC PO BOX 2363 OSHKOSH WI 54903 OSHKOSH ALF LLC 1295 NORTHLAND DR STE 270 SAINT PAUL MN 55120 SHORELAND DEVELOPMENT CORP 459 N WASHBURN ST OSHKOSH WI 54904 MUSTAIN INVESTMENTS II LLC 275 N WASHBURN STREET OSHKOSH WI 54904 Page 12 of 15 !"#$41 !"#$41 !"#$41 !"#$41 N KOELLER ST N KOELLER ST N WASHBURN ST N WASHBURN ST N WASHBURN ST N WASHBURN ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST ASPIRE LA ASPIRE LA WWEESSTTBBRROOOOKK DDRR WESTBROOK DR WESTBROOK DR L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 275 N Washburn City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 5/26/2022 1 in = 250 ft1 in = 0.05 mi¯ 1001020304050607080901001101201301401501601701801902002102202302402502602702802903003103203303403503603703803904004104204304404504604705 Feet Prepared by: City of Oshkosh, WIPage 13 of 15 !"#$41 !"#$41 !"#$41 !"#$41 N KOELLER ST N KOELLER ST N WASHBURN ST N WASHBURN ST N KOELLER ST N KOELLER ST N WASHBURN ST N WASHBURN ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST ASPIRE LA ASPIRE LA WWEESSTTBBRROOOOKK DDRR WESTBROOK DR WESTBROOK DR L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 275 N Washburn City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 5/26/2022 1 in = 250 ft1 in = 0.05 mi¯ 1001020304050607080901001101201301401501601701801902002102202302402502602702802903003103203303403503603703803904004104204304404504604705 Feet Prepared by: City of Oshkosh, WIPage 14 of 15 SMU-PD SMU SMU DR-6 SMU SR-3 MR-12 SMU-PD !"#$41 !"#$41 !"#$41 !"#$41 N KOELLER ST N KOELLER STN WASHBURN ST N WASHBURN ST N WASHBURN ST N WASHBURN ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST N KOELLER ST ASPIRE LA ASPIRE LA WESTBROOK DR WESTBROOK DR L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 275 N Washburn City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 5/26/2022 1 in = 250 ft1 in = 0.05 mi¯ 1001020304050607080901001101201301401501601701801902002102202302402502602702802903003103203303403503603703803904004104204304404504604705 Feet Prepared by: City of Oshkosh, WIPage 15 of 15