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Home My WebLink AboutBOARD OF APPEALS e O.t;.Ij~QfH City of Oshkosh Dept. of Commuoity Developmeut 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director July 28, 2005 Robert Wollangk 2415 Noel Court Oshkosh Wisconsin 54904 Re: 2663/2665. Oregon Street Dear Mr. Wollangk: On July 27, 2005 the Board of Appeals approved your request a variance to install a ground sign with a 9' front yard setback with the following condition: 1. Any changes or variations to the sign as proposed must go back in front of the Board of Appeals. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on July 28, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on January 27, 2006 unless you have started construction for the activity allowed by the variance. If you fail to begin construction by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date ofthe decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday,òr call (920) 236-5050 for an appointment. Please bring all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236-5059. St:i:~ Kristi Bales Principal Planner KB/pal cc: WTS Properties BOARD OF APPEALS MINUTES JULY 27, 2005 r PRESENT: Robert Cornell, Dennis Penney, Moss Ruedinger, Edward Wilusz, Larry Lang, Vice Chairman and Cheryl Hentz, Chairman EXCUSED: Dan Carpenter STAFF: Kristi Bales, Principal Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Chairman Hentz. Roll call was taken and a quorum declared present. Motion by Lang for approval of the July 13, 2005 minutes. Seconded by Cornell. Unanimous. I: 2663/2665 Orel!ou Street Robert Wollangk, applicant, WTS Properties, owner, request a variance to install a ground sign with a 9' front yard setback on a lot zoned M-2, Central Industrial District. The property shares block frontage with properties zoned R-l Single Family Residential, whereas Section 30-35 (B)(1)(d) of the City of Oshkosh Zoning Ordinance requires that". .. where the frontage of a block is divided among districts with different front yard setback requirements, the deepest front yard requirement shall apply." Robert and Ellen Wollangk, 2415 Noel Ct. stated the above address is hard to see from Oregon St. due to the setbacks. The parking in front requires an 18 foot parking stall and 24 feet behind the parking stall for access to the parking. The area around the proposed address is ahnost all commercial except for r one apartment building that separates them from the warehouse/storage unit. The sign is being setback as far as possible without loosing parking spaces. Mr. Lang asked what the building is currently being used for. Ms. Wollangk stated the larger portion of the building, which is 2663, is being used for custom picture framing and custom inlaid sculptured rugs. Ms. Hentz asked what will occupy 2665 Oregon St. Mr. Wollangk stated the building is divided right down the middle and they will occupy all of2663. The other half (2665) has 2400 square feet ofwhat was warehouse that will be turned into a workshop area. They will also occupy this area, and possibly rent out a small office at the front of the workshop. Mr. Lang asked how deep the grassy area is that the sign is going to be placed on. Mr. Wollangk stated it is about 20 feet between the street and parking lot. Mr. Lang then asked what kind of setback would be required on an M-2 zoned district. Ms. Bales stated M-2 has a zero ft setback but because this block is partially zoned residential, the setback is 25 feet. Motion by Mr. Lang fór approval of the variance to install a ground sign with a 9' front yard setback on a lot zoned M-2, Central Industrial District, as submitted. Seconded by Mr. Cornell Mr. Lang moved for an amendment ofthe following: r I. Any changes or variations to the sign as proposed must go back in front of the Board of Appeals. Amendment seconded by Mr. Ruedinger, motion carried 5-0. Board of Appeals Minutes -2- July 27, 2005 Finding of Facts: Mr. Wilusz stated there is a clear practical difficulty because of the parking lot requirements, signage is the least possible necessary to remedy the situation. Ms. Hentz stated it would improve the safety in the area rather than impede it in any way. Mr. Cornell stated there is no adverse impact on the neighborhood because of the sign. '-' DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this meeting. There being no further business, the meeting adjourned at approximately 3:50 pm LanglHentz. Unanimous. Respectfully Submitted, ~. ìjk-= Kristi Bales Principal Planner ....,¡ KB/pal "-" ~ O.l];j~QfH City of Oshkosh Dept of Community Development. 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinncy Director BOARD OF APPEALS AGENDA JULY 27, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JUL Y27, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JULY 13, 2005 MINUTES I: 2663/2665 OREGON STREET Robert Wollangk, applicant, WTS Properties, owner, request a variance to install a ground sign with a 9' front yard setback on a lot zoned M-2, Central Industrial District. The property shares block frontage with properties zoned R-I Single Family Residential whereas Section 30-35 (B)(I)(d) of the City of Oshkosh Zoning Ordinance requires that"... where the frontage of a block is divided among districts with different front yard setback requirements, the deepest front yard requirement shall apply." DISCUSSION OF BOARD OF APPEAL PROCEDURES ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS JULY 27, 2005 ITEM I: l6¡¡3!2~¡¡5ÔREGbN"šfRE¡T GENERAL DESCRIPTION AND BACKGROUND Robert Wollangk, applicant, WTS Properties, owner, request a variance to install a ground sign with a 9' front yard setback on a lot zoned M-2, Central Industrial District. The property shares block frontage with properties zoned R -1 Single Family Residential whereas Section 30-35 (B)(I)(d) of the City of Oshkosh Zoning Ordinance requires that ". .. where the frontage of a block is divided among districts with different front yard setback requirements, the deepest front yard requirement shall apply." The area contains a mix of uses including single family residential, commercial and manufacturing. The subject property is zoned M-2 and will be used for retail and light industrial. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: When considering an area variance, the qnestion of whether unnecessary hatdship or practical difficulty exists is best explained as "whether compliance with the strict letter ofthe 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 snch restrictions nnnecessarily 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 install a ground sign with a 9' front yard setback. The sign would be made up of two 6'x 6' panels on a 450 angle to each other. The sign will not be lighted. The building on the subject property has a greater front yard setback than the properties abutting it. The placement of the building would make it difficult for the public to see a wall sign on the structure. The front yard of the property contains a parking area and a 24' driving aisle which reasonably precludes placement of a ground sign with a conforming setback. The only option for a ground sign is the green space between the parking lot and the front lot line. STAFF REPORT -2- BOARD OF APPEALS MARCH 9, 2005 ". In regard to adverse impact, the area currently contains a variety ofland uses and zoning districts. There are a number of ground signs in place and they do not appear to have a significant negative impact on the residential properties. The proposed sign location has the greatest possible front yard setback within the available green area. The sign is much smaller than what would be permitted in this zoning district and it will not be lit. Further, given the speed and type of traffic in the area, the installation ofthe proposed sign could arguably increase traffic safety by making it easier for customers to locate the property. Based on this information, staff recommends approval of this variance request. !,Iease Tvpe or Print in BLACK INK CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 Please write legibly with black ink and also 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.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh arid due at the time the application is submitted. Address of Parcel Affected: Z{"¿;3./zU~ 7",be",.A \. Wol(~<ì I:: Petitioner: ~,.,1. (\~~.r~.h, L L>" "".,.~', Add=, > ~ ~ == Signature Required:.., -- -- o~~~~. Home Phone: 2Ib-901<{. Work Phone: :2 3..-. G <lei. (.. Date: 7Þiõ Owner (if not petitioner): I,} 'ï '" ?R<>¡DECc""'E'" L..Lr Home Phone: '2 l(;, -90'f- ~ner'sAdd~: ¿~~:; ¡, , ",'." "workJ>hon,e:,2,'~Y -¿-Iof,,':' , SIgnature RequIred: " , . ' Date:? blo v C/ In prder to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is npt granted. The burden pf proving an unnecessary hardship rests u¡xm the applicant. The attached sheet provides infonnation on what constitutes a hardship. (Attach additipnaIsheets,ifIiecessary, tp provide the infpnnation requested. Additipnal infpnnation may be requested as needed.) J. Explain your proposed plans and why you are requesting a variance: t, \ t? L ('rn,,~~uA 0,1-1'-1"'-':"1"10.,. ~/jF {AJ ('~)Ii'í (~,^J.J'~'1 IL.-f tA.J,I! (""/~~"",/ {;!, re~Ja.IA...J Lrd !A.I~u~" D/AL- 7He A~ -.,J \'01 t:MJ.. , . (1)"". [,¡ DIG rlO 1 L. ~r'}" ' ~ (}t<F ~ 1-i:I;'~' 'l-'e- o...",d II "",(1 /Ag i (A,/Z,""ü..>, ,2---1', ~r- 6:w¿u¡ ð~-:f Io-r-' S'~ ¡¿'-'k?tlM6. 01< 9t"1( ,fJ~b~ Describe how the variance would not have an adverse effect on surrounding properties: , '" lùO1<, rb -¡¡; 'í?~Ao" ~ 1<; /)" ) ð PI "" io""ilf? r....<,Áof ~....... I I ,,:,'Mnl (""MAIM""--'-,';' ( l"")A.~-t<.OJ ~Jt{l'1ß. /5, ~;-"'" I~ Qe~~S lip sfr-r-,;,-f i ()i¡h.~¿' ~¿L " .y~r,--/~-f,,~c/ 2. ¡'bll-!",,;$. ¿"", ql /eke'? S'~<"/d/¿" -"--TJ: SI,9Þ<. tQn¿!d be ~~JQ-ci 7f;d.cj ~d A.b-lk4l'; /")lAr-" i", \ L '" P', 2. (Continued on Reverse Side) '1!fšL "",IV 0' 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: ¡¡; '5t,,^~,~P ¡ J ,~l £",.k C, f£ð /-L, A c>~,&-4'1 1-"~"ìS (\1A 1),lk~ c;do 14/1,.,1;.,) f}¡"'Q(J-1l~r- .' l,~, /,. (¡Þ Ldø .,. A '7!e°o'-;Q-v,.. --I L,)-P 1M", rp,/ lip l"iLp do", ¿ ¡~¡c,(' ~"'dr€-~ (e '¡4"~W""" ~.¡:,/;;- /. A:¡ -ß <:hIe..'- 7k ~,,£k.f WGl.~ 11't?4.ce.- ~ toe. 11'\ 4. Describe the hardShip tTtãt woùl'lrresulí if your variance were not granted: . ' , , . fA)~ f".n( j tvJ/ MAP","" c.. kc,j ",if ~"I'~-~j'/./1, ('~, -CJ ,J, ð ~ ~'7¡M "1'<\--') /~f6;'. ð>u. Ik,- ~~ Sf, Ldl£"':/ , G AA'1':1 J.....' tv-, L-", ¡.~ Q.... '" -i."'~'-S' ,./ I.:. '^~ b bp r. ~.Q.f;. 1«'177""'"! . I) '2) 3) 4) FOROFFICE USE ONLY - AD.JACENT PROPERTY OWNERS WITJi MAILING ADDRESSES, 'f/ffl.l'A~. 41 AU-/?~ el~fll ;þ!ð/'~A.r/ ('::l- e ;¿(o'o 'f ~.4.+.) /)~ßð-dJ/ ,:;¥'Yðl . , ¡j.,..LØf ~~X:t'r'/ 7) nl!nrúJ,;;:"q8'!n'ß~~~ iJ." .xf,u4~' I'd'£, ,5'::108"0/ ' ~ß~ , ~Æ) ~S'1,'i . tJAP-jø-uJ ".{f ¿JA--'~P-rLL/ 5"/9ò..2 -7/dL'7 llAn1Hf.-t~ ~-L4'-b ¿?~.¡Q 9) , ¥ie). ~ ~$Mn P-:¡,;?//J,,;WiJ.) &-.tf..-fk~ s.L/903- biS~(D 6) 8) 5) 10) 213.0' 2665 Oregon St. .......~ 065 c.o N N W+E ~ 'cP, s ~ ."", City of Oshkosh Wisconsin ;r Connnunity Development 4' <I ã. DISCLAIMER <ß '0, Cf) Om ......." Nt;; 'his map i, neither a tegany morded map nor a ..rvey and It i, not intended to be u,ed .. one. This drawing i, a compilation of record~ da" and information ioca"d in variou, diy, ,"unly and "ate om", and otber ,our... affoc'ing the ma shown and it i, to be ",ed for rofmnc< purpo,e, only. The City of O,hko,h is not ro- 'ponslhle for any Inaccurades herein contained. If dl",ependes are found, pt",. contac' the CilyofOshko,h. 1" =50' 290.9' 7-8-05 ..>, Created by - VR ..... - ...... N I'- N Close Up View DISCLAIMER 2665 Oregon Street City of Oshkosh Wisconsin Community Development 0 100 I Feet Â This map is neither a legally rerorded map nor a survey and it is not intended to be used as une. This drawing is a eompilalion of records, data and iuformatlon localed in various city, couuty and slate offices and olher sources afferting the area sbown and it is to he used for reference purposes only. The City of Oshkosh is not re- 1 00 sP;:::~~;e~;u:~~ I:"~~~~:~~t~:::i:':~::~;;:ed. I Cityoroshkosb. 0 to to N 0 ¡:: N co N I'- N OJHKOJH ON THE WATER Created hy - VR 07-12-05 .. RO. ~ ~,.p \~ , * f..-' C> ~. "?- DISCLAIMER Existing Zoning 2665 Oregon Street Thl, map t, ueithor a logally romded map nor a ..rvey ",d it I, not Intend,d to b, n,ed as on,. Thl, drawing i, a compilation of records, data and Information located In varlou, city, county th::'~:~:~o~'::~tdi:~";:::;:~:~:::::~co City of Oshkosh Wisconsin pur~..osonly. :"'Cityo~o,bko.'hi'notro- Conununity Development 'pon"ble for any maooum.os herem contained. 1fd~crepencle::;:;eo~~~~~:~~ocontactth'600 0 600 Feet , , ON THE WATER N A Created by - VR 07-12-05