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Home My WebLink About2005-BOA Deniel Letter, Agenda, Staff Report 0."",' ~ City of Oshkosh Dept. ofCommuoity Developmeot 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jacksoo R. Kiooey Director O;:~~QJH September 29, 2005 Art Dumke GDS Properties, LLC 601 Oregon Street Oshkosh, Wisconsin 54902 I q Ie / S. vJar;Æburn St:: Re: Lot South ofl931-1951 South Washburn Street Dear Mr. Dumke: On September 28, 2005 the City of Oshkosh Board of Appeals denied your variance request to divide the existing lot into two thereby creating one with a substandard lot area of 1.406 acres. The decision of the Board was filed in the Planning Office of the Department of Community Development on September 29, 2005. Section 30-6(C)(1) and (2) ofthe City of Oshkosh Zoning Ordinance allows the same variance request to be heard 3 times in any 12 month period. Ifthis is the first or second time you have requested this variance within 12 months, you may re-apply if you wish. If your variance request has been denied 3 times within a 12 month period, but you feel there has been a change in the circmnstances affecting your request, you may submit a request for an additional hearing stating the changes which have occurred. The Board will review this request, and if three Board members feel there is sufficient change in circmnstances to warrant an additional hearing, then you may re-submit your variance request through the normal procedure. You may call me at (920) 236-5062 if you have any questions. ~ David Buck Associate Planner DB/pal e O;:~~QJH City of Oshkosh Dept. of Commuoity Developmeot 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 SEPTEMBERað, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, SEPTEMBER 28, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF AUGUST 24,2005 MINUTES APPROVAL OF SEPTEMBER 14, 2005 MINUTES I. 108 W. NEW YORK AVENUE Ms. Shelly Muza-ALPS Charter School and Ms. Kelly Schwegel-Merrill Elementary School, applicants, Oshkosh Area School District, owner, request a variance to construct a second changeable copy ground sign at Merrill School with greater signage area than is allowed by code. Section 13.37 (F)(l)(a) and Section 13.37 (F)(l)(c) of the Oshkosh Municipal Code limit both identity signage and changeable copy (a.k.a. bulletin boards) to one of each type per site and a maximum signage area. II. LOT SOUTH OF 1931-1951 SOUTH WASHBURN STREET Mr. Art Dumke-GDS Properties, LLC, owner, requests a variance to divide the existing lot into two and create one with a substandard lot area of 1.406 acres. Section 30-34 (D)(5)(a) of the Oshkosh Municipal Code-Highway 41 Corridor Overlay District requires all lots be a minimum of 1.5 acres in area. 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 " Board of Appeals Minutes -7- September 28, 2005 ('II 1931-1951 South Wàshburn Street Mr. Art Dumke-GDS Properties, LLC, owner, requests a variance to divide the existing lot into two and create one with a substandard lot area of 1.406 acres. Section 30-34 (D)(5)(a) of the Oshkosh Municipal Code-Highway 41 Corridor Overlay District requires all lots be a minimmn of 1.5 acres in area Mr. Buck introduced the item and explained 1.406 acres of the lot is currently being developed for the Animal Hospital of Oshkosh. The remaining area, which is approximately 1.6 acres, would be developed at a later time. Mr. Lang asked if they are constructing the building without a lot line in mind. Mr. Buck stated the lot is very large and they are only building on a portion of the site. The permit came in to build on the whole site. They may have had intentions at one time to use more of the site than what they are currently using. Mr. Carpenter asked ifthe lot width the animal hospital on it is going to be the substandard one. Mr. Buck stated it is the lot area. The width will still meet code, the lot area would be approximately 4,100 sq. ft. short ofthe required 1.5 acres. Mr. Ruedinger asked staff if the applicant wanted to parcel the lot greater than 1.5 acres, would they have to come in front of the board. Mr. Buck stated if the lot was 1.5 acres they would not. Staff feels that this is a very minimal shift in the property line and will be difficult to notice from the street. r. Motion by Mr. Wilusz for approval ofthe variance to divide the existing lot into two and create one with a substandard Iot area of 1.406 acres as submitted. Seconded by Mr. Carpenter. Motion denied 0-4. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES Discussion ofthe new BOA policy packet, with changes. Motion by Mr. Ruedinger for approval of the new BOA policy packet as submitted by staff. Seconded by Mr. Wilusz. Motion carried 4-0. There being no further business, the meeting adjourned at approximately 5 :03 pm Unanimous. ~UJ?f2:' 1/. sp. ectfully Submitt..ed, ~ ~'~ David Buck Associate Planner DB/pal r STAFF REPORT BOARD OF APPEALS SEPTEMBER 28, 2005 ITEM II: LOT SOUTH OF 1931-1951 SOUTH WASHBURN STREET GENERAL DESCRIPTION AND BACKGROUND Mr. Art Dumke-GDS Properties, LLC, owner, requests a variance to divide the existing lot into two and create one with a substandard lot area of 1.406 acres. Section 30-34 (D)(5)(a) of the Oshkosh Municipal Code-Highway 41 Corridor Overlay District requires all lots be a minimmn of 1.5 acres in area. The subject 3 acre property is zoned C-2, General Commercial District and also lies within the Highway 41 Corridor Overlay District. Approximately 1.406 acres of the lot is currently being developed with The Animal Hospital of Oshkosh and the remaining area, which is approximately 1.597 acres, is to be divided and sold or developed at a later date. The general area can be characterized as general commercial that fronts South Washburn Street, a frontage road to Highway 41 and a mini-storage/warehouse complex. The area to the northwest, across a Wisconsin and Southern railroad line exists a low-density residential neighborhood with the land use predominately single-family homes. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: When considering an area variance, the qnestion 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? Looking at the layout of the proposed development on the lot (attached to this report), it is designed for an approximately 5,000 sq ft veterinary hospital and fenced "pet area" as well as being designed with the potential for an expansion of equal scope. This design meets zoning code regulations and occupies only 1.406 acres leaving 1.597 acres open for development. The developer contents that, even though the proposed lot to be divided does not have a proposed use or structure, it will have the greatest potential and value by creating it as large as possible, thereby making it more desirable for development and easier to meet required dimensional regulations of the zoning code. The proposed lot, as a commercial parcel, could be considered narrow when compared to its depth. It has a curved frontage width of approximately 160 feet and a depth varying from approximately 370 feet on the northeast lot line to approximately 480 feet of the southwest lot line. When required side yard setbacks of 15 feet are placed upon the proposed parcel, the width is further reduced to approximately 130 feet so that even though the lot area is almost 70,000 square feet the narrowness may restrict potential commercial site designs. . STAFF REPORT ITEM II -2- BOARD OF APPEALS SEPTEMBER 28,2005 '. < In regard to adverse impact or harm to the public interest, the proposed lot split leaves a parcel short of the required lot area by 0.094 acres (4,095 sq ft) but it is felt by the applicant to still meet the purpose of the Highway 41 Corridor Overlay District in that the type and size of use is consistent with other uses lying along this major transportation corridor. Additionally, the allowance of a larger second lot is in the public interest by providing the improved ability to develop. The proposed reduction oflot area on one parcel and consequently the increased lot area on the proposed parcel will not cause additional curb cuts, traffic volmnes or other impacts that would not occur otherwise. Lastly, after the lot split, the proposed parcel will be one of only two parcels left to be developed along this block of South Washburn Street and 20th Avenue making future impacts unlikely. Based on the information provided within this report, staff recommends approval of the variance request to divide the existing lot into two and create one with a substandard lot area of 1.406 acres. Please Type or Print in BLACK INK Return to: Department of 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 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 $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of par. eel Affected:/ " ( () /) i\ L L L ~. v.~. Jf'1\J1~.(~"'T"'-'> Petitioner: ~. :::... ~ . Home Phone: . <:?~~\'\o ~~ w,;). ~,\o~ :::::::'::::::: b / ;ð b 0 ~ v' ::: Phone: Owner (if not petitioner): q \..0 - <...\1..<"~~1..1ì '1 Home Phone: Owner's Address: 'Í L", - ~ '?O - ~ (':l f{ Work Phone: ~ - / ------ Date: Signature Reqnired: In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides infonnation on wbat constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional infonnation may be requested as needed.) 1. Explain yonr proposed plans and why yon are requesting a variance: Iv-é: R,(",>"'x:.,>,- J "') ~ I' '" P"""-1'"f -+ fQ !!t Î <;. We.- b.c...\:<.v,(,... fk.~ç tJo.....\~ "",\to fk .svV'J'()v""J,,~,,'7 .f)/'Ølc~-t~<-JJ A-S '--<./\ 2. Describe how tbe variance would not have an adverse effect on surronnding properties: ir---' 0 v\.\\ /...;~ \-\¿- /0 t) 4.v..c... Î 0 (J.f2..- +1..- F v t"L. .b,<,... Pc'f-'l(\+:<'\ . b", s -t .I.. /' f}J F'o,. -fk C:-Y T he... A C<\,;>v ,^"i 0 t ~ (J¿"<..c- (2.-1. v~.d~ :;L{ 70 ..s ~~\\ -f" Nö'i: t C-c. . (Continued on Reverse Side) 6 f) 0( \1J.j rjJ 3. Describe the special conditions that apply to yonr lot or structnre that do not apply to snrronnding lots or strnctnres: 4. Describe the hardship that would result ifyonr variance were not granted: 11-f -I"..; -II;"-(oJ- ~ -f ¡:5 h OJ'rÅ. --1-0 S~'f : I! tv^- l 111\ -" ~ \ .'..!""¡'o ~c.l'" ?v : II f\ <I\. ,,'- q. " ~ I\. 'S h L fJ, ç.dJ vt. <7 '" . , \ .{:../ -f~ t-/~Y'.-f ¡>oI'OJ <. <...1' ~ S fY\ ANY.$" f- Fí ,q ,,~. \'"\,b "-' fa ...I I L -'- J<, O/' 1..J.c.... IY1I0", ¡V 0 -t /IIc-e.^ W - rt\A'1 v\~}'p-/i!rf '1 1\< 0,iJ\. ( fV\. f -f Lz IÑV "'" -\: ~ \\ . , -FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES ELLENWOOD CEMETERY ASSNI 2520 WITZEL AVE A ! OSHKOSH WI 54902 ~ WISCONSIN DEPT. OF TRANSPORTATION 4802 SHEBOYGAN AVE MADISON WI 53702-0002 ADVENT PROPERTIES LLC 4719 PLUMMERS POINT RD OSHKOSH WI 54904-9512 GDS PROPERTIES LLC 4466 HARBOR VILLAGE DR OMRO WI 54963-9499 DLJ HOLDINGS LLC 2045 W 20TH AVE OSHKOSH WI 54904 DS COMMERCIAL INC PO BOX 405 MENASHA WI 54952-0405 ¡'~ ¡¡~ .¡~ ''° !¡~ ¡r ¡; i; ¡ I ------ - ~-~~~~~~ ~ ~ ~~."q"¡;¡'nS¡I'I¡I'¡¡, !¡!-¡:¡!!¡¡.!¡;¡!¡!I!¡¡!¡!¡¡P¡!!~!í¡¡P¡!!¡;:¡!:m;!¡I¡!~i¡! ¡:¡¡¡.¡¡¡¡;!;I¡¡;¡!!'liÍ!; 1)'I':"lp.'-1,.,..",H\','-",'.I"';I-I"":':'" '¡I,.",."¡;,!,!,,!,,, ¡nl!¡¡¡¡;¡¡¡"!'¡¡'¡!!!:;'~;!¡¡!;I¡'¡¡!¡¡i:¡¡¡!¡!j!¡¡! ;¡'¡¡¡n¡¡'!i~~';i¡!¡"¡¡ -.,."q_..,'.Fo "-,!-'i."."-¡!¡.."",!"..,, "-'¡j'"!ï'i'-¡"- !!¡ ¡~!!qi!m¡¡!:;I¡¡I¡¡!¡!¡.¡¡H.¡¡~,!II¡:;¡!¡¡¡í! ¡¡¡!¡~¡í¡¡!!!¡!!¡!:!!I!. II !¡'¡fl,,¡,..q!¡"'!';"'~;~"~:¡""\'¡I¡¡" ""il-.hl! ¡'I¡" ,;I-¡i!¡':'¡!1,¡ip,¡'¡,i¡î¡¡;¡¡;¡','¡¡¡!I¡¡:;¡¡,I,,' .¡¡;I'B!",¡;!:,'!:",!¡ ¡-¡'i""!"""'-'-.<""""""'" ..'f'-I"'¡"" ;¡,¡P'¡¡;!il;Jq!:I~¡:~¡¡ ¡¡¡Ii;!'!!'!:,!!! ni¡¡;¡,¡¡¡¡,!;¡¡¡¡!¡ "i"i-'" '!!¡~;,,¡,,;¡¡ ¡ ,¡, I¡¡'¡""~¡ "¡-"¡'":,dc¡c ¡'I,'¡¡¡!!'s!<!:î!¡¡!:;I¡!!:¡I",!!;¡¡¡¡¡;!¡,¡¡¡_:¡p¡,,'Il! - , ,~. ';1', - ," Ii,.: , '., ¡", "'; "., '.' 101 .,., , ., !! ",.¡n ' ~¡'i ¡ ¡' --.S< ,In ¡""" ~'" 's, ,F 'j ", '¡ ¡¡ ¡ ¡ ¡ ¡:! ~ ~¡ i, ~ ¡ ¡ ¡ ¡¡¡I !ii ,II! ! II ¡ i ;; ;¡ , I ! ' "¡ j Ii ¡'. ¡! i'í '¡¡ ¡ii' " 398:22 i¡l ~~ LJ ~N ~ !~ a ".. 4' ,- A \~ \{b \~ \':::>- \Ó \'1- .;ð \~~ \;'5- \"L \'~ \1, @3ll1frff 0 NEW BUILDING FOR, !i¡¡i ~ Gries The ANIMAL HOSPITAL of OSHKOSH III' Anoi;"""'rn'Gro..',< I¡I!I OSHKOSH, WI I." -~. ~-ro- DISCLAIMER Th" map is neither a legally recorded map oor a survey aDd it Is Dot loteoded to he used as ooe. This drawiog is a compllatloo of records. data aDd loformatioo located io various city, connty and state offices and other sources affeetiog the area showo aDd It is to be osed for reference purposesooly. The City of Oshkosh is not re. spoosible for any loaccuracies herelo coota;oed. If discrepeocies are fouod, please cootact the CityofOshkosb. I 1m ",. ,m "" MJN1WASmOUSES ;;;s ,;;;; III ~¡ ij. ~. Lot South of ~ 1931-1951 S. Washburn St. e O./HKO./H N A City of Oshkosh Wisconsin Community Development 1" = 200' Creoled by - pI 9/14/05 " ~ ~ W. """ AVE. ~ ~ ~ ,; ti J ~ DISCLAIMER Lot South of 1931-1951 S. Washburn St. This map is oeither a legally recorded map oor a survey and iI is oot inteoded to be used as one. This drawiog is a compilatioo of reeords, data aDd ioformatioo loeated 10 varions city, coooty aod state offices and other sources affectlog the area showo aod it is to he nsed for refereoce pnrposes ooly. The City of Oshkosh is Dot re- spoosible for aoy ioaecoracies hereio cootaioed. If discrepeocie~~eo~~~:k~~~se coÐtaet the 500 I City of Oshkosh Wisconsin Community Development ON THE WATEO N A 0 500 Feet I Created by - pI 09/14/05