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HomeMy WebLinkAbout10-12-22 I. 1120 S SAWYER STREET fencing setbacks and materialSTAFF REPORT BOARD OF APPEALS OCTOBER 12TH, 2022 ITEM I: 1120 S SAWYER STREET GENERAL DESCRIPTION AND BACKGROUND Drew Bain-applicant/Wisconsin Public Service Corp-owner, requests variances to exceed the maximum fence height and material regulations: Description Code Section Reference Maximum Proposed Fence Material in Front Yard 30-192(E)(1)(b)(iv) No Chain-link Chain-link Fence Height Front yard 30-192(F)(1)(a)(i) 4’ 8’6” Fence Height Side and Rear Yard 30-192(F)(1)(a)(ii) 6’ 8’6’ The subject .78 acre (approximately 33,900 square feet) property is zoned Institutional and is currently developed with a Large Scale Public Service Substation. The rectangular-shaped parcel is located east of S. Sawyer Street where the road transitions to W. 12th Avenue. Adjacent land uses include residential to the north and east; commercial to the south; and a vacant parcel to the west. ANALYSIS In reviewing a variance request, the following questions should be addressed When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The petitioners are proposing to construct various upgrades at the substation for aged infrastructure equipment and need replacement fencing for public safety and security purposes. Specifically, 8’6” high chain-link fencing with barb wire is proposed around the perimeter of the substation (see attached renderings and site plan). The existing fencing located at the substation is 8’ in overall height as it received a previously approved height variance March 23, 2005. The proposed 8’6” fence height meets the safety requirements established by the National Electric Safety Code (NESC) and the North American Electric Reliability Corporation (NERC). Variances are needed as the proposed chain-link material is not permitted in the front yard setback and the overall height of the proposed fencing exceeds city front yard height standards by 4’6” as well as side and rear yard height standards by 2’6”. The property is unique as it is an institutional land use providing a large scale public service and utility to the area and is located adjacent to a residential neighborhood. Applying the current zoning standards related to fencing material and height in this 1 STAFF REPORT BOARD OF APPEALS ITEM I -2- OCTOBER 12TH, 2022 instance is unnecessarily burdensome as they have been developed to apply to traditional residential and commercial areas. If the fencing was required to meet local height and material standards it would compromise public health and safety at a property operating high voltage electrical equipment and not comply with federal standards for safety and security. Therefore, granting the variances will not create any harm to the public interest. Finally, both the Department of Public Works, as well as the Inspection Services Division have reviewed the proposed fencing and its location and have no objections or further recommendations. RECOMMENDATION Based on the information provided within this report, approval of the variances as requested are recommended. 2 Bird’s Eye View of subject parcel looking east – photo dated 04/29/22 View of subject parcel looking northeast from S. Sawyer Street-photo 09/30/22 3 View from subject parcel looking west-- photo 09/30/22 View of subject parcel looking southeast-- photo 09/30/22 4 Please Type or Print in BLACK INK Return to: Department of / Community Development yy 215 Church Ave. Oshkosh P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete reproducible site plan (maximum size 11” x 17”). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.} Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: 1120 S. Sav yer, Orhhod toi SUG Petitioner: Qnww Celn Home Phone:__47/A Petitioner's Address:_7SC Qealen Zh Geren Or a Work Phone:_gpeey_FZO- 133-6 106 Petitioner's Email: Signature Required: Wei W een Date: 4 fof2z Owner (if not petitioner):_Onw (Sala Home Phone:_#//4 Owner's Address:_750 Qeala. Ud. Grevin Qa, wl Work Phone:_970 - 433-6406 Owner's Email: Signature Required:__ofy at deer Date: aft/uz In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on whai constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: See. Atberaeh 5 Describe how the variance would not have an adverse effect on surrounding properties: SZ. Addins \ Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: See Adtvche k Describe the hardship that would result if your variance were not granted: See AM arabe 4 6 1. Explain your proposed plans and why you are requesting a variance: Wisconsin Public Service (WPS) is completing an asset renewal project at the 12th Ave Substation. This project includes replacing the aged substation equipment, installation of hi- speed communications, and replacement of the existing substation fence. Based upon public safety, WPS Substation has determined the correct height for the fence to be 7’6” to top of the expanded metal fabric plus 1’ of barbwire for a total height of 8’6”. This height has been determined to meet the safety requirements made by the National Electric Safety Code (NESC) and the North American Electric Reliability Corporation (NERC) standards for electric reliability and safety. 2. Describe how the variance would not have an adverse effect on the surrounding properties: The surrounding properties are residential use and have existed adjacent to the 12th Ave substation for many years. The existing fence is 8’, the additional 6” of fence to the proposed height of 8’6” would provide additional security to keep the public out of the substation. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: Unlike the surrounding properties, this property is an operating electrical distribution substation that contains high voltage electrical equipment that could be pose a safety risk for those who enter the site without proper authorization and training. This substation has additional requirements which do not apply to the surrounding properties including meeting the National Electric Safety Code (NESC) and complying with North American Electric Reliability corporation (NERC) standards for safety and security. To meet these standards, the fence fabric height should be 7’6” and overall fence height of 8’6” to meet federal safety standards and enhance public safety. 4. Describe the hardship that would result if your variance were not granted: Should the variance not be granted, the new fence would not meet WPS standards, NESC code or NERC standards. These standards are in place to deter theft, ensure electric reliability and enhance public safety for the community which the substation serves. 7 Ps eCity y Oshkosh vy P O Box 1130 Oshkosh, WI 54903-1130 Phone: (920) 236-5050 Fax: (920) 236-5084 www.ci.oshkosh.wi.us Building Permit Application Project Address W2o os. Sawyer , Osh\cosy yt SYJou Applicant ® Owner oO Contractor o Tenant o Other (describe) Tenant Name Wisconsin Qualia Sele ALE Dur? Chain Phone_4.20~ 432 - 6406, Address 79) GQeclen RA Green Bay but Email Contractor | Company Name Wistandia Public Sense — AM Oreos Autn Phone 20-33-6406 Contact Deca (Sectir Email dren. by.( n@\sccas rguldic Senive. tem Address 799 Yeoten O32, Gren bay vt State Credential #’s § W/A , ath Dwelling Contractor Qualifier # Dwelling Contractor # Architect/ | Company Name _Lisceasin Qulolle scaulce Phone_ 420-433-6906 Designer Contact_Orged (ain Address 790 Geehen Cd , ©reen Roary wi Permit Type |O Residential Single Family o Residential Duplex oO Commercial o Multifamily a Industrial Category oO New a Addition gg Alteration Project de. Description tisk el. nduc A £ xf) ande A ve bal Lente Mechanical | Separate permits will be obtained for the following: Permits Electrical by #/A Plumbing by w/A4 Heating by_wf/A Value of Job $_\30 og ee (Value for materials & labor is req. to ensure consistency in accessing permit fees for all applicants.) Payment by: o Check # OCash aFeeAccount mg Credit/Debit Card (office or online only) I certify the above information is complete and accurate. Any deviations from the above submitted information may require additional permits to be obtained. I acknowledge and agree to these terms. Name: Dye.) (rein Date: ale blz Zz. (Please print) Signature: Dror er 2tcn 8 FDR 241 FDR 242 99' -0" 10 ' - 0 " 11 ' - 6 " PROPERTY LINE PROPERTY LINE TO ANY PROPOSED FENCE LINE 25' SET-BACK LIMIT LINE HOUSE #2 CONTROL 16' -0" 25'-0"6'-0" I-61 TO ELLINWOOD I-61 12 8 ' - 0 " - 010010212A - S IT E P LAN REVISIONS PLOTTED:$$$$date$$$ E N G IN E E R : S C ALE : DA T E : ENGINEERING STAMP REV. --- R E VIE W E D B Y: DE S IG N E D B Y: WISCONSIN PUBLIC SERVICE CORPORATION CONFIDENTIAL AND IS THE PROPERTY OF THE INFORMATION ON THIS PRINT IS 1 2 -0 1 -2 2 1"=2 0 '-0 "G W M -R U E R A W -R U E G W M-R U E SUPERSEDES DD-7882 ENGINEER: GWM-RUE REVIEWED BY: RAW-RUE DESIGNED BY: GWM-RUE DATE: 12-01-22 - WPS REM I/O # WPS OM I/O # WPS CAP I/O # 6002013 PER ASSET RENEWAL NEW DRAWING NUMBER 4 8 ' 20' GATE 20' GATE T W E L F T H AV E N U E S U B S T A T IO N 10' SET-BACK LIMIT S. YARD LIGHT 23 ' -0" 21 ' - 0" 2 1 ' -0 " 33 ' -0" 114'-0" 4' GATE 30 '-0" 11 0 '-0" 14 '-0" 114'-0" 10 '-0" 48 '-0" 15' -0" 10' -6" 10' -6" 13' -0" 19' -6" 17' -6" 28' -0" 30 ' - 0" 20 '-0" GA TE 20 '-0" GA TE 15'-0" 3' -0" 60' -0" SET BACK 30'-0" 7' - 6 " SET BACK Fence extension 10' North 9 14 " O .C . 12 " O .C . 12" O.C. 4 '-0 " 6 " 10'-0" 2 " 7 ' -6 " 6 " 7 ' -2 " 3" 2 " 8' MAX 8 ' -6 " 1 ' -0" 8 " 6 ' -8 " 6 " 6 " 6 " CONCRETE GATE SILL 10'-0" SUBSTATION INSIDE LINE RAIL/BOULEVARD CLAMP SUBSTATION OUTSIDE TOP OF POST TOP RAIL TOP OF BARBED WIRE FINISHED GRADE MESH PANEL BOTTOM OF STEEL FOR OUTSIDE BARS ONLY (4)-#6 BARS, HOOK REQ'D 24" 18" 2 ' -6 " H O O K 4' -6 " 6 " " 16111' -2 " 16111' -2 23' -0" " 8520' -6 " 215 20' -0" (FACE TO FACE) RODS TYP. " TRUSS 83 CONCRETE TOP OF 2 2 2 9 " FINAL GRADE CONCRETE OR TOP OF 2 "-3 " B O TT O M O F G A TE 3' -0" OPENING A A (12" O.C. TYP.) OR EQUIV. AMICO SECURA CLAMP WPS-08-016-02 SEE DETAILS ON " 214 AND END OF FABRIC BETWEEN GATE POST ZERO GAP REQUIRED FABRIC MESH EXPANDED METAL ", 9 GA. 43TYPE 1, 5 WPS-08-016-2 8 ' -6 " 1 ' -0 " SUBGRADE TOP OF FABRIC AND BOTTOM OF GRADE FINISHED WPS-08-016-02 SEE DETAIL 4 ON FABRIC CORNER POST AND END OF FENCE ZERO GAP REQUIRED BETWEEN (TYP) BELOW GRADE (1) END CLAMP 2 " 5' -0" 5' -0" " 21 7 ' -4 1 ' -0 " TYP 3" OVERLAP, EACH END U-BAR AT #6 HORIZ. WICKET GATE STEP THROUGH FABRIC MESH EXPANDED METAL ", 9 GA. 4 3TYPE 1, SECTION A-A DOUBLE DRIVE GATES AND WICKET GATE 4 4 6 2 3 5 756 7 5 3 2 5 4 6 4 4 4 6 1 5 5 6 4 4 TERMINAL POST FOUNDATION SCALE: NTS SCALE: NTS FENCE PROFILE ON WPS-08-016-02. SIDE. SEE DETAIL 2 STOP ON EACH BOLT AND GATE HOLLOW CANE 8 8 8 8 2 OR EQUIV. (12" O.C. TYP.) AMICO SECURA CLAMP FENCE LINE (SEE NOTE 6) EXTENDS MIN. 12" INSIDE AND 12" OUTSIDE POURED CONCRETE APRON (6" THICK) 4' -0" AND DEPTH AS REQ'D FOR PROPER DRAINAGE) CONCRETE APRON.(MATERIAL, TYPE, SIZE CRUSHED ROCK OR GRAVEL BASE FOR 3 WPS-08-016-02 4'-0" GATE DETAIL 9 2 4 SCH. 40,TYP (1.900 O.D.) " NOMINAL PIPE,2 11 GATE FRAME O.D.) PIPE, SCH. 40 (6.625 6" NOMINAL GATE POST SCH. 40 (1.66 O.D) " NOMINAL PIPE,411 TOP RAIL SCH. 40 (2.875 O.D.) " NOMINAL PIPE,212 TERMINAL POST SCH. 40 (1.66" O.D.) " NOMINAL PIPE,411 BRACE RAIL SCH. 40 (1.66" O.D.) " NOMINAL PIPE,411 BOTTOM RAIL SCH. 40 (1.66" O.D.) " NOMINAL PIPE,4 11 TOP RAIL SCH. 40 (1.66" O.D.) " NOMINAL PIPE,411 BOTTOM RAIL SCH. 40 (2.875 O.D.) " PIPE,21LINE POST 2 (TYP) SCH. 40 (2.875" OD) NOMINAL PIPE, " 21LINE POST 2 - FORM CONCRETE 12" I.D. SOIL SUBGRADE ROCK CRUSHED CONCRETE CLOSE TO TOP OF 1/4" DIA WEEP HOLE GRADE SUBSTATION FINAL ® CRUSHED ROCK SOIL SUBGRADE PANEL STEEL MESH 1 - - 1- PANEL #2PANEL #1 PANEL #3 (TY P .) (TYP.) (TY P .) 1 PANEL TOP OF PANELS (TYP.) ADJACENT OVERLAP WITH LINE POST SPAN 2/0 CU FROM GRID 2/0 CU GRID 2/0 CU GRID 2/0 CU GRID 2/0 CU GRID 2/0 CU FROM GRID 2/0 CU FROM GRID CORNER/TERMINAL POST (12" O.C. TYP.) TENSION BANDS CLAMP BOULEVARD LINE RAIL/ CL - CLAMP RAIL/BOULEVARD LINE 45° RAMPART ARMCENTER OF LINE POSTS PANEL EDGES MEET AT FROM GRID 2/0 CU 2/0 CU FROM GRID 2/0 CU GRID IN CRUSHED ROCK PANELS BURIED EXPANDED MESH BOTTOM 6" OF SCH. 40 (4.000" O.D.) " NOMINAL PIPE,2 1GATE POST 3 (12" O.C. TYP.) TENSION BANDS INSTALLED BY FENCE CONTRACTOR (SEE NOTES) INSTALLED BY FENCE CONTRACTOR (SEE NOTES) INSTALLED BY FENCE CONTRACTOR (SEE NOTES) INSTALLED BY FENCE CONTRACTOR (SEE NOTES) INSTALLED BY FENCE CONTRACTOR (SEE NOTES) 2' -0" 5 ' -0 " 9" OUTSIDE BARS AT EACH END OF 2 (4)-#6 BARS HOOK GRADE FINISHED T/ CONC AND 3 " C LE A R (DOUBLE GATE ONLY) EMBEDED FOR HOLLOW CANE BOLTS 2" NOMINAL PVC PIPE, SCH. 40 (2.375O.D.) NOTE 7 SUBGRADE PVC PIPE TO PLACE STRAIGHT 1 ' -6" ATTACHMENT GROUND GRID 1" PVC FOR 1" PVC FOR GND GRADE (TYP) (1) END CLAMP BELOW BOTTOM RAIL LINE RAIL/BOULEVARD CLAMP & IN FENCE TRENCH PERIMETER GROUND IN FENCE TRENCH PERIMETER GROUND PLACED FENCE TRENCH PERIMETER GROUND IN PERIMETER GROUND 10 10 INSTALLED BY FENCE CONTRACTOR (SEE NOTES) 10 ON WPS-08-016-02 SEE LOCKBOX DET 010010812A REVISIONS PLOTTED:$$$$date$$$ E N G IN E E R : S C ALE : DA T E : ENGINEERING STAMP REV. --- R E VIE W E D B Y: DE S IG N E D B Y: WISCONSIN PUBLIC SERVICE CORPORATION CONFIDENTIAL AND IS THE PROPERTY OF THE INFORMATION ON THIS PRINT IS XX -X X -22 1/2 "=1'-0 "B LK -R UE R A W -R U E G W M-R U E - IN S T A L L A T IO N & G R O U N D IN G D E T A ILS H IG H S E C U R IT Y F E N C E T W E L F T H A V E . S U B S T A T IO N DATE: XX-XX-22 - WPS REM I/O # WPS OM I/O # WPS CAP I/O # 6002013 DESIGNED BY: BLK-RUE REVIEWED BY: RAW-RUE ENGINEER: GWM-RUE ASSET RENEWAL 10 ARTHUR J/MEGAN M SULLIVAN 4395 SWALLOW BANKS LN OSHKOSH WI 54904 BLUE MOON HOLDINGS LLC PO BOX 3808 OSHKOSH WI 54903 DOUGLAS R/MARY E CLARK SR 1203 W 11TH AVE OSHKOSH WI 54902 GRACE BENTLEY 1117 KANSAS ST OSHKOSH WI 54902 JOHN A KAMINSKAS 848 W 4TH AVE OSHKOSH WI 54902 LYNN M KUTZ 1109 W 11TH AVE OSHKOSH WI 54902 MARK A/MOLLY M LENTZ 1113 W 11TH AVE OSHKOSH WI 54902 TIMOTHY J BOSTWICK 1123 KANSAS ST OSHKOSH WI 54902 WINNEBAGO COUNTY GARAGE PO BOX 2808 OSHKOSH WI 54903 WIS PUBLIC SERVICE CORP PO BOX 19001 GREEN BAY WI 54307 11 1150 11 1 9 1025 120612121218122212281232 1229 1221 1213 1203 12061212122212261234 1028 1114 1027 1021 1017 1020 1016 110111091121 1102 11511155 1123 1117 1022 1016 1025 1120 1121A 1101A 1102A 1190 1180 1230 1200 1240 1250 1260 1113 10 2 8 10 3 1 W 12TH AVW 12TH AV W 11TH AVW 11TH AV KANSAS ST KANSAS ST S SAWYER ST S SAWYER ST O S B O R N A VOSBORN A V S SAWYER ST S SAWYER ST KANSAS ST KANSAS ST W 11TH AVW 11TH AV OSBORN AVOSBORN AV L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 1120 S Sawyer Street 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: 10/3/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 12 1150 11 1 9 1025 120612121218122212281232 1229 1221 1213 1203 12061212122212261234 1028 1114 1027 1021 1017 1020 1016 110111091121 1102 11511155 1123 1117 1022 1016 1025 1120 1121A 1101A 1102A 1190 1180 1230 1200 1240 1250 1260 1113 10 2 8 10 3 1 W 12TH AVW 12TH AV W 11TH AVW 11TH AV KANSAS ST KANSAS ST S SAWYER ST S SAWYER ST O S B O R N A VOSBORN A V S SAWYER ST S SAWYER ST KANSAS ST KANSAS ST W 11TH AVW 11TH AV OSBORN AVOSBORN AV L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 1120 S Sawyer Street 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: 10/3/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 13 I SR-5 SR-9 SMU HI W 11TH AVW 11TH AV W 12TH AVW 12TH AV KANSAS ST KANSAS ST S SAWYER ST S SAWYER ST O S B O R N A VOSBORN A V S SAWYER ST S SAWYER ST W 11TH AVW 11TH AV KANSAS ST KANSAS ST OSBORN AVOSBORN AV L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 1120 S Sawyer Street 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: 10/3/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 14