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HomeMy WebLinkAbout2005-BOA Approve Letter, Agenda, Minutes e OJHKOJH City of Oshkosh Dept. of Community Develnpment 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director August 25, 2005 Keith Decker Fox Cities Construction Corporation 4614 Red Fox Road Oshkosh Wisconsin 54904 Re: 2550 S. Washburn Street Dear Mr. Decker: On August 24, 2005 the Board of Appeals approved your request for a variance to construct a dumpster enclosure with a 15' rear yard setback subject to the following condition: 1. Installation oflandscaping to buffer the appearance of the enclosure from Highway 41 subject to approval by staff. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on August 25, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on February 24, 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 alread 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 of the 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, or 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. Sincerely, ~ SUSAN KEPPLINGER Principal Planner SK/pal HWI'S£d BOARD OF APPEALS MINUTES AUGUST 24, 2005 .-- PRESENT: Robert Cornell, Dennis Penney, Moss Ruedinger, Edward Wilusz, and Larry Lang, Vice Chairman EXCUSED: Dan Carpenter and Cheryl Hentz, Chairman STAFF: Susan Kepplinger, Principal Planner, David Buck, Associate Planner and Patty LaCombe, Recording Secretary The meeting was called to order by Vice Chairman Lang. Roll call was taken and a quorum declared present. Motion by Cornell for approval of the July 27,2005 minutes. Seconded by Penney. Unanimous. I: 2550 S. Washburn St. Jim LeFeber, Fox Cities Construction, owner, requests a variance to construct a dumpster enclosure with a 15' rear yard setback whereas Section 30-34 (D) (4) (c) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback in the Highway 41 Overlay District. Mr. Lang asked when the complex is to be constructed. Ms. Kepplinger stated it is currently under construction, however the lot itself and configuration is the result of relocation of Washburn St. and the reconfiguration of S. Washburn St. and HWY 44 intersection. The lot was owned by Chief Equipment r and approximately 15-16 years ago S. Washburn St. was moved to the west of its original location for safety reasons and it became an orphan lot. Mr. Lang then asked if that is the lot where Chief Equipment used to park some of it's Equipment. Ms. Kepplinger stated yes, that is the lot in question. Mr. Cornell asked if there is a reason that they are placing the structure on the lot the way it is. Jim LeFeber stated they placed the building that way is to maximize the lot itself for the drainage and parking that is needed for the business. There is a sewer and water line that is owned by the City of Oshkosh and it sits right out front of the building, which they were working around that also. By working around the sewer and water line, it just worked out that is how they could maximize the lot. When S. Washburn St. was relocated, they could have made the City of Oshkosh move the sewer and water; the city would have been liable to move it at their expense within 120 days. They are not imposing that on the city, they are trying to work around that, and that agreement is still in effect. Mr. Lang asked what is the current plan. Ms. Kepplinger stated in order to get the building permit, they had to show the dumpster where the zoning ordinance would permit. They don't want the dumpster at it's current location and would like to get a variance to move it to a better location. Jim LeFeber stated it wouldn't be appealing to traffic coming over the overpass to see the dumpster right there, the only other place is in the comer by the park & ride, so it's not real noticeable to the public. Mr. Lang questioned ifthey are proposing to add retail spaces onto the HWY 44 side. Jim LeFeber stated that's where the permit allows the dumpster to be located, if the variance were passed they would like to put windows and canopies there rather than the dumpster. Ms. Kepplinger stated if the variance were approved there would be storefronts on the HWY 44 side of the building. ~ Board of Appeals Minutes -2- August 24, 2005 " Mr. Lang stated he is opposed to the idea as the building is under already construction without getting the variance approved. Jim LeFeber stated they are trying to meet all the zoning requirements and they did, they are trying to make it more appealing to the cars going over the overpass. Ms. Kepplinger stated they are trying to make the site work without forcing the City of Oshkosh to move the sewer and water and having the expense along with it. ""., Jim LeFever stated they met all the zoning requirements to make this project work, all other projects they are told they need to screen the accessory structures, now they want to move the dumpster so it's more appealing for the public. Mr. Cornell stated he understands what is being said and agrees with that, however the bigger issue is saving the city money. The board of appeals did not issue the building permit and are here to correct an error in no fault of the builder or no fault to the city. With the recommendation from staff including the landscaping to buffer the appearance, it's more of an ideal situation under the circumstances. Jim LeFever showed the landscape plan to the board and stated ifthe variance got approved, the dumpster will be in an enclosed structure and there will be landscaping around that area. Motion by Mr. Cornell for approval of the variance to constrnct a dumpster enclosure with a 15' rear yard with the following condition; I. Installation of landscaping to buffer the appearance of the enclosure from Highway 41 subject to approval by staff. Seconded by Mr. Ruedinger, motion carried 4-1. '-' Finding of Facts: Mr. Wilusz stated there is clearly a unique physical characteristic about this location and water/sewer easement running through the property. The hardship is being addressed as the City of Oshkosh's hardship. Minority Finding of Facts: Mr. Lang stated he finds this to be strictly an owner-induced hardship that could clearly been corrected, before the owner blatantly submitted the plan that they mayor may not have known for well they mayor may not complete. They just proceeded with construction and now expect this committee to resolve their problem. He doesn't think that is the role of this committee, it's a dangerous precedence for setting, people begin construction and then come back and say; by the way I want to change it. II. 2045 W. 20th Ave. Jim LeFeber, Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to construct an addition that will join two existing manufacturing buildings. The addition will have a :t 17'4" side yard setback whereas Section 30-30 (B) (2) ofthe City of Oshkosh Zoning Ordinance requires a 20' side yard setback. The existing building on the west side of the site has a rear yard setback of:t 23' whereas Section 30-30 (B) (3) requires a 25' rear yard setback. The proposed addition will be of steel and will not meet the requirements of 30-34 (D) (1) (f) which requires any additions in excess of fifty (50) percent of the existing floor area ofthe existing building constructed prior to the effective date ofthis Ordinance to comply with this Section. "wi BOARD OF APPEALS MINUTES AUGUST 24, 2005 f. PRES:ENT: Robert Cornell, Dennis Penney, Moss Ruedinger, Edward Wilusz, and Larry Lang, Vice Chairman EXCUSED: Dan Carpenter and Cheryl Hentz, Chairman STAFF: Susan Kepplinger, Principal Planner, David Buck, Associate Planner and Patty LaCombe, Recording Secretary The meeting was called to order by Vice Chairmap Lang. Roll call was taken and a quorum declared present. Motion by Cornell for approval of the July 27, 2005 minutes. Seconded by Penney. Unanimous. I: 2550 S: Washburn St. Jim LeFeber, Fox Cities Construction, owner, requests a variance to construct a dumpster enclosure with a 15' rear yard setback whereas Section 30-34 (D) (4) (c) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback in the Highway 41 Overlay District. Mr. Lang asked when the complex is to be constructed. Ms. Kepplinger stated it is currently under construction, however the lot itself and configuration is the result of relocation of Washburn St. and the reconfiguration ofS. Washburn St. and HWY 44 intersection. The lot was owned by Chief Equipment r and approximately 15-16 years ago S. Washburn St. was moved to the west of its original location for safety reasons and it became an orphan lot. Mr. Lang then asked if that is the lot where Chief Equipment used to park some of it's Equipment. Ms. Kepplinger stated yes, that is the lot in question. Mr. Cornell asked ifthere is a reason that they are placing the structure on the lot the way it is. Jim LeFeber stated they placed the building that way is to maximize the lot itself for the drainage and parking that is needed for the business. There is a sewer and water line that is owned by the City of Oshkosh and it sits right out front of the building, which they were working around that also. By working around the sewer and water line, it just worked out that is how they could maximize the lot. When S. Washburn St. was relocated, they could have made the City of Oshkosh move the sewer and water; the city would have been liable to move it at their expense within 120 days. They are not imposing that on the city, they are trying to work around that, and that agreement is still in effect. Mr. Lang asked what is the current plan. Ms. Kepplinger stated in order to get the building permit, they had to show the dumpster where the zoning ordinance would permit. They don't want the dumpster at it's current location and would like to get a variance to move it to a better location. Jim LeFeber stated it wouldn't be appealing to traffic coming over the overpass to see the dumpster right there, the only other place is in the corner by the park & ride, so it's not real noticeable to the public. Mr. Lang questioned ifthey are proposing to add retail spaces onto the HWY 44 side. Jim LeFeber stated that's where the permit allows the dumpster to be located, ifthe variance were passed they would like to put windows and canopies there rather than the dumpster. Ms. Kepplinger stated if the variance were approved there would be storefronts on the HWY 44 side of the building. Board of Appeals Minutes -2- August 24, 2005 Mr. Lang stated he is opposed to the idea as the building is under already construction without getting the variance approved. Jim LeFeber stated they are trying to meet all the zoning requirements and they did, they are trying to make it more appealing to the cars going over the overpass. Ms. Kepplinger stated they are trying to make the site work without forcing the City of Oshkosh to move the sewer and water and having the expense along with it. "'-'" Jim LeFever stated they met all the zoning requirements to make this project work, all other projects they are told they need to screen the accessory structures, now they want to move the dumpster so it's more appealing for the public. Mr. Cornell stated he understands what is being said and agrees with that, however the bigger issue is saving the city money. The board of appeals did not issue the building permit and are here to correct an error in no fault of the builder or no fault to the city. With the recommendation from staff including the landscaping to buffer the appearance, it's more of an ideal situation under the circumstances. Jim LeFever showed the landscape plan to the board and stated ifthe variance got approved, the dumpster will be in an enclosed structure and there will be landscaping around that area. Motion by Mr. Cornell for approval ofthe variance to constrnct a dumpster enclosure with a 15' rear yard with the following condition; 1. Installation of landscaping to buffer the appearance of the enclosure from Highway 41 subject to approval by staff. Seconded by Mr. Ruedinger, motion carried 4-1. .....,¡ Finding of Facts: Mr. Wilusz stated there is clearly a unique physical characteristic about this location and water/sewer easement running through the property. The hardship is being addressed as the City of Oshkosh's hardship. II. 2045 W. 20th Ave. Jim LeFeber, Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to construct an addition that will join two existing manufacturing buildings. The addition will have a :t 17'4" side yard setback whereas Section 30-30 (B) (2) of the City of Oshkosh Zoning Ordinance requires a 20' side yard setback. The existing building on the west side of the site has a rear yard setback of:t 23' whereas Section 30-30 (B) (3) requires a 25' rear yard setback. The proposed addition will be of steel and will not meet the requirements of30-34 (D) (1) (f) which requires any additions in excess of fifty (50) percent of the existing floor area of the existing building constructed prior to the effective date of this Ordinance to comply with this Section. Mr. Ruedinger asked if the landscaping recommendation by staff is to be along 20th Ave. & Washburn St.. Ms. Kepplinger stated the landscaping would be right against the building, it would break up the building wall. Mr. Lang asked for clarification on whether the variance was for setbacks or for the types of materials for materials used in the construction of the new building. Ms. Kepplinger referred to Municipal Code 30-34 (D) (I) (t). ....., ~ °.11i~QJH 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. Kinney Director BOARD OF APPEALS AGENDA AUGUST 24, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 24, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JULY 27, 2005 MINUTES I. 2550 SOUTH WASHBURN STREET Fox Cities Construction, owner, requests a variance to construct a dumpster enclosure with a 15' rear yard setback whereas Section 30-34(D)(4)(c) ofthe City of Oshkosh Zoning Ordinance requires a 25' rear yard setback in the Highway 41 Overlay District. 2450 WEST 20TH AVENUE II. Fox Cities Construction, applicant and Jay Manufacturing, owner, request a variance to construct an addition that will join two existing manufacturing buildings. The addition will have a :!:..I1' 4" side yard setback whereas Section 30-30 (B)(2) of the City of Oshkosh Zoning Ordinance requires a 20' side yard setback. The existing building on the west side of the site has a rear yard setback of:t 23' whereas Section 30-30 (B) (3) requires a 25' rear yard setback. The proposed addition will be of steel and will not meet the requirements of30-34 (D) (I) (f) which requires any additions in excess of fifty (50) percent of the existing floor area of the existing building constructed prior to the effective date of this Ordinance to comply with this Section. OTHER BUSINESS Discussion of BOA 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 AUGUST 24, 2005 ITEM I: 2550 SOUTH WASHBURN AVENUE GENERAL DESCRIPTION AND BACKGROUND Fox Cities Construction, owner, requests a variance to construct a dumpster enclosure with a 15' rear yard setback whereas Section 30-34(D)(4)(c) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback in the Highway 41 Overlay District. The site abuts State Highways 41 and 44 and Washburn Street. The remainder of the area is primarily commercial/retail in character. The subject property is M-3 with a Highway 41 Overlay. The subject property has been a vacant lot and a commercial building is currently under construction. ANALYSIS AND RECOMMENDATION 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 nnreasonably prevent the owner from nsing the property for a permitted purpose or wonld render - conformity with snch restrictions unnecessarily bnrdensome." Are there any unusnal or nniqne physical limitations of the property which create a hardship? Will granting of a variance result in harm to the pnblic interest? The petitioners are proposing to locate a dumpster enclosure on a portion of the lot that would be less visible from Highway 44. The proposed location would also permit additional storefront developrnent on the portion of the building facing STH 44 as opposed to the initially planned dumpster enclosure location. The subject property is unique in that it is subject to a 50' setback from the north lot line imposed by the DOT and there is an easement on the west side of the building footprint for City water and sewer. The proposed dumpster location would not appear to result in harm to the public interest. In regard to adverse impact, it does not appear that the proposed dumpster location would have an adverse impact on the abutting properties. Both abutting properties are owned by the DOT, one is has been developed as a park and ride lot and the other is a portion of the right of way for the 41/44 intersection. Based on this information, staff recommends approval of the variance request with the following condition; I) Installation oflandscaping to buffer the appearance of the enclosure from Highway 41 subject to approval by staff. Please Tvpe or Print in BLACK INK Retnm to: Department oÎ Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site nlan (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 and due at the time the application is submitted. Address of Parcel Affected: z..:r..ro S. ¿Jt).5~b(.)/'",) Petitioner: Fox Cities Construction Corp. Home Phone: Petitioner's Address: 4614 Red Fox Road, Oshkosh, WI 5490~ork Phone: Signature Required:_K..v..rO f}ß~ ~-1: 05 Date: (920) 235-8008 Own~r (if not petitioner): Home Phone: Owner's Address: Work Phone: Signature Required: Date: In order to be granted a variance, each applicant must be able to prove that an unnecess,,", 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 what 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: The proposed site plans show our dumpster located on the North side of the building. In order to meet the Zoning requirements for set. backs, We would like more store front glass and canopy as shown (A3.l North Elevation the elevation) for a more attractive building from Hwy.. 44. We think that moving the dumpster to the South east corner of the lot is more appealing and screened from the public eye, it is also more;3.ccessible for loading and unloading. 2, Describe how the variance would not have an adVerse effect on surrounding properties: We see no adverse effect on the two adjoining properties, they are both State oWned. The property to the east would only be accessible through the park and ride, the other property to the South is the State owned park and ride párking lot. We do not see any bu~ldings in the future. In the event that something could happen in the future, the connecting properties wOuld only see the same type of material used on the building. (Continued On Reverse Side) <2f2-- At' " 3. D~scrib~ th~ special conditions that apply to your lot or structure that do not apply to surrounding lots or s.-M."-es' Th~~;bo~e meutioned explauation applies here; we see no other buildings being built in the future because they are oWned by the State. Also we are restricted on the North side of the lot due to no improvements within an additional 50 I setback required by the State. One other point to make note of is we cannot move the building to the west due to City sewer and water lines. If we had to do this, the City would incur a cost of approximately $120,000 and have to move the lines within 120 days, 4. Describe the hardship that would result if your variauce w~re not granted: The hardship created would be less window glass for future tenants and may be less appealing to prospective renters which in turn may be harder to rent. Also the usability.of the dumpster would be more convenient in the Southeast corn. FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES WISCONSIN DEPARTMENT OF TRANSPORTATION PO BOX 28080 GREEN BAY WI 54304 CHIEF EQUIPMENT INC 2601 S WASHBURN ST OSHKOSH WI 54904-9044 QUENTIN / MARY GERLACH 21§7 STATE ROAD 44 OSHKOSH WI 54904-9135 GAMBRINUS ENTERPRISES S INC 2850 S OAKWOOD RD OSHKOSH WI 54904-6354 HERB / KATHERINE TREU 182 S CLAY RD VAN DYNE WI 54979-0000 UBRIG PROPERTIES LLC 2450 S WASHBURN ST OSHKOSH WI 54904-8957 4) 9) 5) 10) \" i. . J I I ~---~----------------- ----------~----------- IT2J ~ . .' FUTURE RETAiL - - - ,c-. - '- ..L ~~~~~f"~~~ - - - - -Æ - - - - - - T - W-r~ ,~""?"¡'j~ - - - - - - = =-= = ~ NOR T H [L EVA. T ION SCALE: 1/8" = 1'-0" - ~. ¡¡¡~ .1' . ':' ! ¡ ! \ \ ¡ IIIIII.I'! ! fin! ",I;".'.oox ¡ nln H¡!!!; ¡!d! ¡! II II I S~ I,ll pl'~" ,i, ¡".n!d <5> ,q'!?' ')-. , ~ ¡ '1- ~. ! 'Ii'" '¡ :¡'" " Iii ~. ! 'i P II! n; ¡¡Pi!!'!;!;! ,i! fJ!1 ¡'U .. i! 'I ,¡ P! m~! 'i .< ~~. !~ ,J . G". ':< ¡;J' !;; ::;z ~ ~t"j ~ ~-r "'¡¡~ -~ ~ lii;""¡ ~' [Pi ¡H: 0 ¡ . !! ¡!il! h : -+- R . DRAINAG ' etail Store for F E, GRADING AND ox Cities ê . EROSION T,~':~~';~D;,~~~~;~~~:~~~¡ln Lot 1 ¿;~~FOR. . "DfO'hk"h,W,"".:::~Dk~¡:'W', 0.4374 .. Ii 0 0 z z :::> :::> 0 0 ¡..: OJ OJ :r: :r: CJ) I-- ~ Z :::> a: 0 0 :::> CJ) z OJ ~ ~ :r: CJ) -:. , ~ ~ ! DISCLAIMER 2550 S. Washburn St. e OJHKOJH This map is neither a legally recorded map nor a survey and it is not intended to be used as Dne. This drawing is a eompfiatlon Df records, data and iDfDrmatiDn located in various city, county and state ornces and otber sources affeeting the area shown and It is to be used for referenee ! purposes only. The City DfOshkosh Is not re- sponsihle for any inaccuraeies herein contained. If discrepencies are found, please eontact the City of Oshkosh. City of Oshkosh Wisconsin Community Development ON THE WATER 1" = 250' Created by. N A 8/10/05 EBHE C-2 t§ R-3 DISCLAIMER 2055 S. Washburn St. This map i, neither a legally remded map nor a survey and it i, not intended to be u,ed as one. Tbi, drawing is a compilation ofremd" data and information loeated in various city, county and state om", and other sonrces affeetiug the area ,hown and it is to be u,ed for referenee pnrpo'" only. The City of O,hko,h is not re- spon,ible for any inaeeuracies herein contained. If di>erepencie' are found, pt..,e wnta" the City of O,hkosh. City of Oshkosh Wisconsin Community Development OJHKOJH ON THE WATER 1000 , 0 1000 Feet , Created by-pI ~ C N A . 08/10/05