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HomeMy WebLinkAboutZONING VARIANCE 1995-11-22 BOARD OF ZONING APPEALS MINUTES NOVEMBER 22, 1995 PRESENT: Fred Dahl, Randy Husman, Reinhard Roehlig, John Schorse STAFF: Susan Kepplinger, Principal Planner; Patricia Wendorf, Recording Secretary Chairman Krueger called the meeting to order. Roll call was taken and a quorum declared present. Motion by Dahl for approval of the November 8, 1995 minutes as distributed; Seconded by Husman. Motion carried 4-0. Vice Chairman Roehlig stated that 4 affirmative votes are required to approve a variance; if 3 affirmative votes, the item will be laid over; less than 3 affirmative 'votes, the item is denied. He also explained the process for obtaining building permits, if the variance is approved, or the appeal procesS, if the variance is denied. I: 2855 OREGON STREET - General Beverage, owner; Dennis Bauer, applicant The applicant is requesting a vadance to construct an addition to an existing parking lot with a 20 ft. front yard setback; whereas Section 30-26(D) Standards of the M-2 Industrial District of the City of Oshkosh Zoning Ordinance requires a 30 ft. front yard setback. Mr. Dahl inquired if there would be an additional driveway on 20th Avenue. Vice Chairman Roehlig stated the driveway is the entrance to the Oshkosh North Plant and noted there is no through street. He stated General Beverage is trying to solve safety problems with no having a wide enough parking area and it didn't appear their request would have an adverse effect on the neighboring properties. Mr. Dahl stated it appears some trucks will be parking on an angle and some parallel. Vice Chairman Roehlig stated the whole area is industrial and didn't feel the type of parking was an issue. Motion by Dahl for approval of a variance to construct an addition to an existing parking lot with a 20 ft. front yard setback with the condition that the owner/applicant provide a landscape plan for review and approval by the Department of Community Development prior to the issuance of building permits and that all landscaping be completely installed by May 31, ~996. Seconded by Schorse. Motion carried 4-0. As to the Findings of Fact, Vice Chairman Roehlig stated there would appear to be no adverse effect on neighboring properties and approval of this variance will solve potential safety hazards. 11:~1~'3~1~ ~~i=. Ralph and Margaretta Fischer, owners; Carol Sinense, applicant The owners/applicant are requesting a variance to create a 50 ft. wide lot; whereas Section 30-26(B)(1) Lot Area of the R-2 Two Family Residence District of the City of Oshkosh Zoning Ordinance requires a 60 ft. minimum lot width for new lot creations. Ms. Sinense gave a brief history of the property in question and reiterated the variance request. She stated it is her parents' property and they are presently in Florida. ~OARD OF ZONING APPEALS MINUTES PAGE -2- NOVEMBER 22, 199,5 William Frueh, City Manager, explained the owners have optioned the southerly 60 f. of the former railroad property facing W. 5th Avenue and would like to split the entire lot into two parcels. TheY live On WeSt 4th Avenue and would like to operate the'daycare center from West 5th Avenue. Before being able to divide the property into two lots, they need a variance to create a 50 ff. wide lot. Vice Chairman Roehiig stated the creation of this new'lot and separation of these properties is a logical step to take in this case - to separate the residential from the business - as long as that availability exists to create frontage on a public road (5th Avenue). He inquired of Mr. Frueh if there would 'be other extensions of neighboring properties going south. Mr. Frueh stated to his knowledge, there was not. Motion by Husman for approval of a variance to create a 50 fL wide lot upon the following conditions: That a Certified Survey Map be developed by a certified surveyor which will create the lots, and that the Certified Survey Map be submitted for review and approval by the Plan Commission. That a minimum of frontage on a public road or access (West 5th Avenue) of 30 fL be provided to the parcel which will contain the daycare center. Seconded by Schorse. Motion carried 4-O. As to the Findings of Fact, Mr. Schorse stated it would appear there are no alternatives to acquire more land to meet the 60 ft. minimum requirement. The lot in question would be consistent with what is already in the neighborhood and there would be no adverse effects on the neighboring properties. IIh 220t-22'il OREGO.N.STREET- VTM Associates, L.P, owner; Kevin Metcalfe, applicant VTM Associates, L~P., oWner; Kevin Metcalfe, appliCant, request a Variance to place a total of 662 sq. f. of ground signs; whereas Section 30-33(E)(2)(g) Ground Signs of the City of Oshkosh SubdivisiOn Ordinance permits a maximum, of 400 square feet for ground signs. Mr. Metcalfe gave a brief history of the property 'in question and reiterated the vadance request. He stated they would like to be able to place 17-30 x 60 inch seasonal banners on existing poles to brighten up the area. He presented illustrations of the types of proposed banners (said illustrations on file at the City Planning office) with five different designs. One variance request would be for allowing signage on Oregon Street, where the light poles are 20 ft. back from the street instead of 25 feet - the applicant would like to be able to put one banner on each of the two poles on the entrance way to indicate that it is an entranceway. On 20th Avenue, the poles are well within the 25 ff. setback requirement. Mr. Dahl inquired as to the elevations of the banners. Mr. Metcalfe stated the light poles themselves are 20 ft., so the banners would be up approximately 16 ft. high. Ms. Kepplinger read into the record a letter dated November 21, 1995, from Mike and Lee Zemke, 218 W. 20th Avenue, which staff received November 22, 1995, Wherein they state they would not like to have lit signs or banner signs that would make "flapping/whipping" noises which would be a detriment to the neighborhood (said letter on file at the City Planning office). Mr. Dahl inquired if there was a separate light source also being installed. BOARD OF ZONING APPEALS MINUTES PAGE -3- NOVEMBER 22, '!995 Mr. Metcalfe stated no additional lighting was proposed and stated the banners would be made from a "bannaflex" material, which would be supported on both the top and the bottom with flexible rods to accommodate the wind shearing. '" Mr. Schorse inquired if the setbacks would be met. Mr. Metcalfe stated at the entranceway on Oregon Street, the light poles are set back I9%-20 ft.; the requirement is 25 ff., and they request a variance for that setback. They are able to meet the setback on 20th Avenue. Ms. Kepplinger stated the reason for th& 25 ft. setback requirement is, even though this property is zoned C-2, it is abutting a residential area and when block frontage is shared, the more restrictive zoning applies. Mr. Dahl inquired if it would be a hardship if the ones that don't meet the 25 ft. setback, were back further on the other set of poles. Mr. Metcalfe stated they don't actually need the signs on Oregon Street as there are additional poles in the front of the old Westshore Market that they can utilize. Vice Chairman Roehlig stated that on Oregon Street, the next tier of poles back faces Oregon Street and they wouldn't 'require a variance. He stated he would have a hard time justifying a hardship for those poles on Oregon Street. We are looking at a variance for the whole internal square footage where it doesn't affect the surrounding properties and with the setback vadance for those poles on Oregon Street, he would have a hard time justifying a hardship. Motion by Dahl for a variance to place a total of 662 sq. ft. of ground, signs. Seconded by Schorse. Motion carried 4-O. As to the Findings of Fact, Vice Chairman Roehlig stated it is a unique situation as all signs are internal to the commerCial complex and there would be no adverse effects on the adjacent properties. The banners would be a plus for the operation of the shopping center making it more attractive. Motion by Schorse for a variance 25 ft. front yard setback. Seconded by Husman. Motion denied2-2. (AYES: Husman, Schorse; NAYS: Dahl, Roehlig). As to the Findings of Fact, Vice Chairman Roehlig stated he cannot find a justification for a hardship. There being no further business, the meeting adjourned at 4:10 P.M. Respectfully,. SUSAN KEPPLINGER Principal Planner CITY HALL 215 Church Avenue P. O. Box 1130 Oshkosh, Wisconsin 549o2- 3o City OJ'HKQJTq of Oshkosh November 24, 1995 Carol Sinense 735 Wexford Way Hartland, WI 53029 Re'. 631- th A~~osli, W-~'ls. Dear Ms. Sinense: On November 22, 1995, the City of Oshkosh Board of Zoning Appeals approved a variance to .create a 50 ft. wide lot contingent upon the following conditions: 1) That a Certified Survey Map be performed by a certified surveyor which will create the lots, and that the Certified Survey Map be submitted for review and approval by the Plan Commission. 2) That a minimum of frontage on a public road or access (West 5th Avenue) of 30 ft. be provided to the remnant parcel. The decision of the Board was filed in the Planning Offic'e of the Department of Community Development on November 24, 1995. According to Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on May 22, 1996, unless you have obtained a permit for the activity allowed by the variance. If you fail to get a permit by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Building permits may be obtained from the Building Inspector's office in Room 205 of City Hail between the hours of 8-9 A.M. and 1-2 P.M., Monday through Friday, or call (414) 236-5050. If you have any questions, please contact me at (414) 236-5059. Sincerely, CITY OF OSHKOSH / SUSAN KEPPLINGER Principal Planner SK/tmw cc: Ralph & Margaretta Fischer Oshkosh Code Enforcement Department