HomeMy WebLinkAbout10-12-2022 BOA Minutes EDITEDBoard of Appeals Minutes 1 October 12, 2022
BOARD OF APPEALS MINUTES
October 12, 2022
PRESENT: Robert Krasniewski, Kathryn Larson, Barbara Schmitz
EXCUSED: Wesley Kottke, Dan Carpenter, Jeff Armstrong
STAFF: Todd Muehrer, Zoning Administrator; Rachel Anderson, Recording Secretary
Chairperson Krasniewski called the meeting to order at 3:33 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 Ms. Schmitz.
Approved 2-0. (Ayes-Larson, Schmitz. Krasniewski abstained).
Mr. Krasniewski asked for nominations for Vice Chair.
Ms. Schmitz nominated Mr. Kottke.
Seconded by Ms. Larson.
Approved 3-0. (Ayes-Krasniewski, Larson & Schmitz).
The minutes of May 11, 2022 were approved as presented. (Schmitz/Larson)
ITEM I: 1120 S Sawyer Street
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.
Board of Appeals Minutes 2 October 12, 2022
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 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.
Based on the information provided within this report, approval of the variances as requested are
recommended.
A site inspection was done by Ms. Schmitz.
Mr. Bain (750 Baeten Road, Ashwaubenon WI 54304) introduced himself to the board.
Mr. Krasniewski swore in Mr. Bain.
Mr. Bain stated he can answer any questions the board may have since the report captures the intention.
Mr. Krasniewski stated this is the same issue the board processed a few years ago on Bowen Street and
Murdock and questioned if the same fence is going to be used.
Mr. Bain confirmed that is correct.
Ms. Larson replied if an 8 ½ foot fence is necessary for the safety and security of the property then that is
the way it should be.
Ms. Schmitz inquired if the city ordinance could have a way to amend future requests or cover the public
service stations so the board does not have to process this every time.
Mr. Muehrer replied the board has only had this request twice in three years. The ordinance is written to
cover as many general properties as possible. Fifteen years ago there were no exceptions built in for fencing
until the new ordinance was revised. There are quite a few administrative opportunities to rectify things
Board of Appeals Minutes 3 October 12, 2022
like this with public service, institutional uses, schools, churches etc now. However, this one did not have
code flexibility. If the board has only had two requests in the past three years that is a reflection that the
ordinance is doing what it is supposed to and this is a unique circumstance. This would qualify for a
variance.
Ms. Larson asked how many substations are in the city limits.
Mr. Bain replied over 200 in the general footprint but has never looked specifically at Oshkosh only.
Ms. Larson asked how big the footprint is in Winnebago County.
Mr. Bain replied WPS goes all the way up to the north border and speculates six or less in Oshkosh alone.
Ms. Larson motioned to approve the variances as requested.
Seconded by Ms. Schmitz.
Approved 3-0
Findings of facts: The property is unique as an institutional land use surrounded by residences. Applying
residential fence standards to an institutional land use is unnecessarily burdensome. No harm to the public interest
will occur by granting the additional height for security and safety purposes.
There being no further business, the meeting adjourned at 4:18 p.m. (Schmitz/Larson).
Respectfully submitted,
Todd Muehrer
Zoning Administrator