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Home My WebLink AboutBOARD OF APPEALS e OJHKOJH 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 November 23, 2005 Robert Messerschmidt Encore Designs, LLC 1319 County Road FF Oshkosh Wisconsin 54904 Re: South Koeller Street Parcel #1307440112 Dear Mr. Messerschmidt: On November 23, 2005 the Board of Appeals has approved your variance request to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on November 23, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on May 23, 200.6 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 ou approval of the Board, but you should be aware that further action could take place until as much a.s 30 days after the date of the decision. Building pennits 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 infonnation necessary for review when obtaining your building pennit. If you have any questions, feel free to call me at (920) 236-5059. "~J:~:::>ÝBj~ David Buck Associate Plarmer DB/pal -L:ò,.""{,,,-,";'AI:iV~ ~ °J!:!~QJH City of Çlshkosh 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 NOVEMBER 23, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, NOVEMBER 23, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF NOVEMBER 9, 2005 MINUTES I. 1110 & 1120 BAUMAN STREET Mr. Wayne Gayhart & Ken Rasmussen, owners, requèst a variance to create a two-family residence with attached garage space of approximately 1,596 sq. ft. Section 30-24 (B)(l) of the Oshkosh Municipal Code: C-1 Neighborhood Business District allows a maximum area for all accessory uses and structures of 1,200 sq. ft. ll. LOT 1 CSM 4511/ SOUTH KOELLER STREET PARCEL # 91307440112 Encore Designs, LLC, applicant, Robert Messerschmidt, owner, request a variance to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback, whereas Section 30-34(D)(4)(b) of the City of Oshkosh Zoning Ordinance requires a fifteen (15) foot side yard setback for driveways and ground signs. OTHER BUSINESS Discussion of BOA procedures ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT (920) 236-5059, BETWEEN 8 AM-4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS NOVEMBER 23, 2005 lTEM II: VACANT LAND. S. KOELLER STREET. PARCEL NO. 13-0744-01-12 GENERAL DESCRIPTION AND BACKGROUND Encore Designs, LLC, applicant, Robert Messerschmidt, owner, request a variance to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback, whereas Section 30-34(D)(4)(b) of the City of Oshkosh Zoning Ordinance requires a fifteén (15) foot side yard setback for driveways and ground signs. General coII1I1lercial uses characterize the land use patteI11 of the general area. The subject property is zoned C-2 General Commercial District, with a Highway 41 Corridor overlay. The subject property is currently vacant land. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the qnestion of whether nnnecessary hardShip or practical difficnlty 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? The petitioners are returning to renew their request for a variance for a driveway side yard setback and a ground sign side yard setback. They had previously come before the Board on May 11, 2005 at which time they were granted the variance. Because of the timing of t4e land purchase and the building BID process, the petitioner was not able to start construction within the 6-month life of the variance and does not anticipate being able to build until next spring. The petitioners are proposing to develop the subject property for commercial purposes, but due to the 15 foot side yard setback requirement for driveways and signs, variances are necessary. The subject property was subdivided from a larger piece of land in 1996, with additional lands added in 2000. The subdivisions are the result of a renmant from the development of the commercial property at 1820 S. Koeller Street. At the time ofthe subdivision, a 30 foot easement / property strip existed along the northwest property line, which was intended to serve as the access drive for the development site. Due to the close proximity of the now abandoned Wisconsin & Southern Railroad corridor, the maximum width available for an access drive was 30 feet. STAFF REPORT ITEM II -2- BOARD OF APPEALS NOVEMBER 23, 2005 In regard to alteI11atives, it appears the proposal is the least possible variance necessary to pennit commercial development on-site, considering the need for a two-way drive to the rear of the site. The proposal for the sign also appears to be the least-possible variance necessary, as the sign will meet all other zoning requirements other than side yard setback. In regard to adverse impact, the development of the property would not have an adverse impact on the adjacent properties. Approval/renewal of the variance would facilitate the removal of the existing gravel drive, which is to be replaced with a paved and landscaped drive area. The site is appropriately sized for commercial development, and is the last vacant commercial property in the general area. Approval/renewal of the variance will result in the development of the property, which will increase the City's tax base. RECOMMENDATION Based on this information, staff recommends approval of a variance request. CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Department of Community Development 215 Church Ave; P.O. Box 1130 Oshkosh, WI 54903-1130 ,Please ~VDe or Print in BLACK INK Please write legibly with black ink and also submit a complete .reDroducible site Dlan (maximum size 11" x 17"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with dist;u¡ces 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. AddrèssofParceIAffe~ted: 5ðu~ ~~ V' S--ft.u.-r . find -H ¡ 30 74 YDII ;L Petitioner:_:::YII'Me. ]\, SìjY1 <:., I t.. t..c.. QAlotrtml'<;4.yyJ,~ePhone: 1JO-S8:c{-.3ð ;)..7 Petitioner's Address: 131 q éA-~ QL ¡:¡;. Work Phone: qdd ~;J5"). - I ::,Lf,~ Signature Required: -;ï;¡..--6 - /-- ..d..A ..,.Á- Date: ¡ 1- ~ - ðS" Owner (ifoot petitioner): E I'\COV"('tu. ~1'5\\S I 12 f) b.r-l-h1f'5.'>e.rS¿l<r'lJ.fme Phone: Cf J.D -:s-8'1- 30 ).. ì Owner's Address: /3\ t{ c..-k¡ P.J... ¡: F Work Phone: q,w -;;).5':;1.-/343 Signature Required: 1?d-./ ~ _.. - j Date: [I - 3-ð S- 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 information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the infonnation requested. Additional information may be requested as needed.) 1. E. xplain your proposed plal/s and"l'hy, you are requesting. a variance: U),o /Â (' ¿ h l'JfJ (V'j -In . . II' ~n"'b I '::1i bl.L(lJ [~ ~;<:, ¡of, hncJtll~V IJJt*'.ðt.iÌ' (ll!¡J,xìo.v..u ~f',*,^.( 'J..V'{\J{iJ~ k' Ít\';c..~ wuLLld V\é'~J. smal!,y ()V'NiII<>pc.f.¡' buf}u\l. i+ is 50 VlCtVVOW,. '",)¿ {'(1dlV1o+ ~5f)111.f' (J.fäJ.... ~ S\ð !'l.bi \f{,¡J ¡I'(JtJ..Á ,Sf) ~IL+ I\£I( f'.u,sfßvntrS (!.f)u (} .{2rvvl I.fh(,,> /1 A ¡,jJ.¿VI '\. 11~1/.diD/Il, 2. Describe how the variance would not have an adverse effect on surrounding properties: fA.) ;4DlL+ ~p UtJ.xìú.-V\u -Per ~I dfíll(úJtI.¡tÂJll.rJ... #J¿ cSìjVl. /JJ-l lAJOu..1d.. nLJt loR ð.JolLJ-o cL1.vdf(J. \.fÁ.L prcø-M"+lj1 ~í.> prq?lj'~,<\ è.bdV'-<-V\.+tl( ì h l ~ V1lh\Jj~o.fd. ßt /IV!... bl.{ d.lv{.( (\~ ì v;j ì+ uJ( WDu.(J.. â-tAJ/\. ~ ttv D {'(LA- 1"-f)V\~\J-<'V'tJ,.(¿¡l'i .o..vvJ.. ~l dr(U((JJá~ IJ..}Duf.j vWt- /nl\/z l\\Lt. ().. C-DV\SWiA.c.+ilJK. ~Y\---rrtL\'tL¿, ~¿ SljY\ /.;ù u(t!- VlIJ1- I%ck... CLV\~ VI-t\.Ù 6 éJ+ tf.-AL V1 el8hbõY' iY\j to I1si nÓS¿S, (Continued on Reverse Side) rìÌ ,0'5 ~J\\ ~ I.) '\+k (À/{'fSç ('\~ 1~i\..Ll/.¿r C;+r-ä?T) h!L+ ~ß rvJLtjðYì+v¡ DJ! y.h¿ -1of ,is 'vi ,dJ.{w. ~~ ~,^d --#t¿ í7t; f,fJ,dJ TV\Y\ ; /;1 j ÒI1 h k I ') k1jl~' . 4. Describe the hardship that would result if your variance'were not granted: U. )< _bp~ 061L-to rl-fvfLYf 4Zc'; prcpóri¡ ~;,<; /¡Jou/; Vlar s{lriVtj' /., FOR OEElCE USE ONLY - AD.JACENT PR()PERTY OWNERS WITH MAILING ADl>RESSES . ., 'n\ M>iCHAEL COYLEETAL '25dw BELTLtNE HWY MADÌSON WI 53713-2667 ç VULCAN LANDS INC n7 E 22ND ST 200 LOMBARD IL 60148-5034 I) '2) REX RADIO & TELEVISION INC 2875 NEEDMORE RD DAYTON OH 45414-0000 MIDWEST HERITAGE INN OF OSHKOSH 1202 WESTRAC DR FARGO ND 58103 3) ROÊÊRT!SUSANN HOWARD 6025 HOWKINS RD WOODBþRYMN 5si29 OSHKOSH LASALLE 93 1855 S KOELLER ST OSHKOSH WI 54902-6186 4) R4J INVE$ï'MENTS LLC 6339 S VINECREST DR SALT LAKE CITY UT 84121 ----- 9) 5) 10) 1319CountyRdFF Oshkosh, WI 54904 (920)589-3027 (920)252-1343 Cel1 November 3, 2005 City of Oshkosh Dept. of Community Development 215 Church Ave. Oshkosh, WI 54903-1130 (920)236-5059 Re: South Koeller Street Parcel # 1307440112 Dear Board of Appeals: e hoping to get this variance request to construct a driveway with a five foot ard setback and a ground sign that will have a one foot side yard setback. . gns petitioned your board earlier this spring concerning this property proved. However the current variance expires November 11, 2005. ount of time that it takes to actually purchase this property and get er and now with winter approaching our company hopes to begin tion on this property this coming spring. the approval of this variance the property is virtually landlocked and we not be able to develop this property. If you have any questions concerning this variance request please do not hesitate to contact ns at the phone numbers listed above. Thank you for your consideration. Sincerely, Encore Designs, LLC Robert & Lynne Messerschmidt, Owners . . . . . . . . . . . . . . . . . . . . . . . i . .. . I . '. ¡ " " -c,.,-C----- l(P ..'-, ~""'--~c-"-"~;-:--:'"-------~ I Jmæ~(Q)Jp¿ lli] 1 .. . IlQ)JE~TI«Ø~~ I . . .'. . l..!-. . . - . r5' I PropoS.td- SìjYl" ~51 ~. if. '" l<odkr s+r-uf , 'ANr+L StJ¿ o-P 'f,y-;U{(¡JW-f. . d . 5ìMS~Y\' í I IF!: e .1 : "'OOOUHO' I"'" ¡ \ 1ii ¡ m!! ¡¡¡¡¡¡Ii,' I ffi ¡"I ¡ ¡ I ,¡"¡,, ¡ z _II. !¡-.,e'! 0 ¡ ¡ ! ¡>,> ¡'Hili ¡ I II ¡ ¡ ¡ II .g,g"H:õ1ffl g'Ë'Hi¡;¡ "5'~~g>~ ~nwa 0-"'0-<" "9.0"'<: 00-'0 ~ dr:;; 5- ~ ~ ¡¡:g:¡' 9._~.'!! ii'š' m 0 " ~~H¡g ..;;, ~ '1i!5: ",= .." 0 ,,~ , !",~olit 0 00 0 ;;':::" 7.'" ~ co ~ 2: Ie: ¡'\i :s:: i~ !~ '0 :en ,~. -4--- i?"-o.,r....~ -- Topographic Survey ENCOREDESIGN Thôsmap Is neither a legally recorded map nor a survey and it Is not intended to be u..d as one. This drawing is a compilation of rocords, data and Informatloo located In varlons city, connty and state offices and other sources affecting the am sbown and it Is to be used for referenee purposes only. The City of Oshkosh Is notre- sponslble for any Inaccurad.. herein contained. If dlscropencies are found, please cootact the Clty.ofOshkosh. 0 Z :0 a OJ :J:: t;: a :¡¡: :;;: >- ;;: :J:: en ;:j , :- DISCLAIMER Lot 1 CSM 4511/ South Koeller St. Parcel # 91307440112 N A 0 ~ OJHKOfH City of Oshkosh Wisconsin Community Development ON me WATER 1" = 300' Created by - pi 4/25/05 Hm rITI I I In I Inri LJI V .~~3 ~ C-2PD /' ~ ~ ~ ~ v ~~ = r'-^ ~ fgiJ ~ ~cr A;, [(î ~~ - ~ ~ ~~ 11Jf, ~ ~'Y!.~ ~~ Y ~c.2P ~ R-3 ,,',' I h ~/ ~ ( II r- ~ C-1 ~ P -J= ~ =~~~ - I ~ =4~ . =~p L~D~ 4 DISCLAIMER Lot 1 CSM 4511/ South Koeller St. a;~~i~~:~~~::;::;~:~:~~~:E:~~:t~:' Parcel # 91307440112 e andioformatiOnlooatedinvariouscity,eouoty City of Oshkosh Wisconsin and state offices and other sontees affecting the area shown and it is to he used for reference Community Development 0, rHv'Q¡ rH purposes only. The City oWshkush boot re- 'J N 'J 'ponsib', for any inaccuracies herein cootained. If discrepencie~i~eO~~~:k::~~se contact 'he 1 000 , I êTE IU I~ ~1~ ~~~ ~ æ ,.----'1:I If 8 'E: .. -_--IV!- f--- ~1i[ZJ Ji~ ç-2 ~ ~ ~ F- y=--r 0 Ii I M- L-.. ON mE WATER N A 1000 Feet , Created by - pi 04/25/05 T'"m.p",cl~cr"",H,'~"""m'p'" "~',y"d"""",t,,""dt"'"""~'" T>"""""',.oompU,.,,"'reoo,,,"b .'d"r"m'."'~t"","';'",dty.oo"'y "d'b",m=""~""",,,""'"'" ~"'oo,',~"d"""'b,""d""d",," p~p"," ,",y. T'" at, 0;0"""', ," ". 'p"'.""" "y""M'd" ",,",","""". H.'cr",""""""""'.oo,,,,""'~' 01<,"'°.""". 11/23/05 BOA Supplement Item II - S. Koeller St. N A DISCLAIMER 11-16-2005 Not to Scale S""",, CityofO'hko'h GIS ATTACHMENT TO BOA PACKET NOVEMBER 23, 2005 View A ViewB Photos Taken 11/16/05 ATTACHMENT TO BOA PACKET NOVEMBER 23, 2005 ViewC ViewD Photos Taken 11116/05 ATTACHMENT TO BOA PACKET NOVEMBER 23, 2005 ViewE ViewF Photos Taken 11/16/05 Board of Appeals Minutes -2- November 23, 2005 Motion by Mr. Wilusz for approval of the variance to create a two-family residence with attached garage space of approximately 1,552 sq. ft. Seconded by Mr. Ruedinger. Motion carried 5-0. Mr. Penney as alternate abstained from the vote. Finding of Facts: Mr. Cornell stated there is no public harm. Mr. Wilusz stated the property is unique and it has unusual circumstances. A variance is the least necessary remedy to hardship. Mr. Cornell also stated that the existence of the floodplain should also be noted, that is something that is uncontrollable by the owner and developer. II: VACANT LAND. S. KOELLER STREET. PARCEL NO. 13-0744-01-12 Encore Designs, LLC, applicant, Robert Messerschmidt, owner, request a variance tq construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (I) foot side yard setback, whereas Section 30-34(D)(4)(b) of the City of Oshkosh Zoning Ordinance requires a fifteen (15) foot side yard setback for driveways and ground signs. Mr. Buck introduced the item and passed around colored pictures. Mr. Buck also stated this is a renewal of a variance froìn May 11, 2005 at which time they were granted the variance. The timing of the land purchase and the bid process to construct the building, the petitioners were unable to start construction within the timeframe allowed by the variance. Bob and Lynn Messerschmidt, 1319 County Road FF, owners/petitioners Mr. Messerschmidt stated the fIrst time they carne in front of the board to get the vapance they had to get the variance before they could purchase the property. Without the approval of the variance they would not have purchased the property. Right now they are in the process of getting bids put together and getting everything set, so come spring they can start construction. Ms. Hentz asked if anything has changed from the May 11, 2005 variance request. Mr. Messerschmidt stated nothing has changed from the original variance, everything is the same. Mr. Cornell stated ifthe variance is approved, it would expire in May, the construction is going to be started before then or we will be in the same situation. Mr. Messerschmidt stated they are hoping to start construction in April or sooner if the weather permits. Motion by Mr. Cornell for approval of the variance to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback Mr. Carpenter stated he remembers this property the only thing that bothers him, it has nothing to do with the property, is the access to the driveway is right on the bend of South Koeller St., he is also going to support it. Seconded by Mr. Carpenter. Motion carried 5-0. Mr. Penney as alternate abstained from the vote. r r Board of Appeals Minutes November 23, 2005 -3- Finding of Facts: Mr. Cornell stated it appeared to be the least possible variance necessary to permit commercial development on site, it would be no harm to the public and it enhances the area. He also stated the property is a unique shape due to past actions. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES Staff handed out a schedule of next year's board meeting dates. Ms. Hentz stated it is good to know the dates a head of time. There being no further business, the meeting adjourned at approximately 4:03 p.m. Unanimous. Respectfully Submitted, ~&L David Buck Associate Plarmer DB/pal