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Home My WebLink AboutBOARD OF APPEALS e OJHKOJH City of Oshkosh Dept. of Community Development Planning Services Division 215 Chuich Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director Planning Services Division March 13,2006 David Cihlar P.O. Box 166 Oshkosh WI 54903 Re: 1212 N. Main Street Dear Mr. Cihlar: On March 8, 2006 the Board of Appeals approved your request to pel1llit an off-street parking area that will have a 0 foot front yard setback on North Main and Harrison Streets subject to the following condition: I. The signpost located at the comer of the site is removed. The decision of the Board was filed in the Plarming Services Division Office of the Department of Community Development on March 9, 2006. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on September 9, 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 pel1llits 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 infol1llation necessary for review when obtaining your building pel1llit. If you have any questions, feel ftee to call me at (920) 236-5059. Sincerely, David Buck Associate Planner DB/vIr ~ °.zIi~H City of Oshkosh Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us Jacksou R. Kiuuey Director Dept. of Commuuity Development Darryn Burich Director Planning Services Division BOARD OF APPEALS AGENDA MARCH 8, 2006 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, MARCH 8, 2006 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF FEBRUARY 22, 2006 MINUTES I. 1212 N. MAIN STREET David Cihlar-applicant, KDC Properties, LLC-owners, request a variance to pel1llit an off-street parking area that will have a 0 foot ftont yard setback. Section 30-26 (B)(3) ofthe Oshkosh Municipal Code: C-3 Central Commercial District requires lots sharing ftontage with a residential district to provide a 25 foot ftont yard setback. 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 THRUFRIDAY BOARD OF APPEALS MINUTES MARCH 8, 2006 ( PRESENT: Dan Carpenter, Robert Cornell, Edward Wilusz, and Chail1llan Cheryl Hentz EXCUSED: Larry Lang, Dennis Penney, and Moss Ruedinger STAFF: David Buck, Associate Plarmer, and Vickie Rand, Recording Secretary The meeting was called to order by Chail1llan Hentz. Roll call was taken and a quorum declared present. Motion by Cornell for approval of the February 22, 2006 meeting minutes, seconded by Carpenter. Motion carried 3-0-1. I: 1212 NORTH MAIN STREET (FORMERLY 1205 HARRISON STREET) David Cihlar-applicant, KDC Properties, LLC-owners, request a variance to pel1llit an off-street parking area that will have a 0 foot ftont yard setback. Section 30-26 (B)(3) of the Oshkosh Municipal Code: C-3 Central Commercial District requires lots sharing ftontage with a residential district to provide a 25 foot front yard setback. Mr. Buck read a correspondence ftom the owner stating he could not be present at today's meeting. Mr. Buck introduced the item and passed around colored pictures. Ms. Hentz asked to see the pictures once again to locate the sign post. Mr. Buck pointed out that a 200 square foot sign would be allowed on the post that would most likely block the traffic light. He also stated any colored lights on the sign could also cause confusion with the traffic light located on the comer. Mr. Cornell questioned what kind of office would be located on that comer where they weren't expecting many visitors or much use of the parking lot. Mr. Buck stated a private investigator was planning to utilize the site. He stated the applicant didn't expect to be at the office most of the time, and customer visits to the office would be inftequent. Mr. Buck stated it was mainly being used as a base for operations. Mr. Wilusz questioned if there would be any fencing on the site. Mr. Buck stated there would be no fencing. He stated the site would be quite open, and noted the sidewalk would be used as part of the accessible isle for the handicap stall, which is allowed by code. Mr. Carpenter questioned if the sign post could be replaced once it had been removed. Mr. Buck stated the sign could not be replaced without a variance, but that the applicant was plarming on having a wall sign. (: Mr. Cornell questioned if the shrubs would remain on the site and ifthere was a height restriction for them. Mr. Buck stated the shrubs would remain and couldn't be higher than 4' tall according to code. Board of Appeals Minutes -2. March 8, 2006 Motion by Carpenter for approval of a variance to permit an off-street parking area that will have a 0 foot front yard setback on North Main and Harrison Streets with staffs recommendation: .~ } 1) The signpost located at the corner ofthe site is removed. Seconded by Wilusz. Motion carried 4-0 Finding of Facts: Mr. Wilusz stated the unique shape of the property creates a hardship. Ms. Hentz stated hazards related to the property will be reduced and Mr. Carpenter stated to comply with setbacks would be unreasonable. OTHER BUSINESS Ms. Hentz questioned ifthe signage was in compliance atlOO N. Main Street. Mr. Buck stated he would look into it. Mr. Cornell stated he understood that revisions to the Zoning Ordinance were going to' be looked at regarding this issue. Mr. Buck explained some conflicts with the code in regards to signage and mentioned that real estate signage is exempt. He also stated there are different DIles for temporary signage vs. pel1llanent signage. /-'" ; Mr. Buck went on to discuss some of the revisions being looked at by Planning Services staff at this time, such as parking and murals, and that the Zoning Ordinance was going to be reviewed section by section for revisions and would be reprinted in the near future. Mr. Wilusz questioned if staff would be able to make a 5-10 minute presentation on changes made to the code. Mr. Buck stated that would be a great idea. Discussion followed regarding which section of the code to present and when. Consensus was made to review the Zoning Ordinance according to the table of contents in a workshop fol1llat after adjournment of the regular meeting. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this time. There being no further business, the meeting adjourned at approximately 3:57 p.m. (Comell/Wilusz) Unanimous. Respectfully Submitted, ~ David Buck Associate Plarmer DB/vIr STAFF REPORT BOARD OF APPEALS MARCH 08, 2006 ITEM I: 1212 NORTH MAIN STREET (FORMERLY 1205 HARRISON STREET) GENERAL DESCRIPTION AND BACKGROUND David Cihlar-applicant, KDC Properties, LLC-owners, request a variance to permit an off-street parking area that will have a 0 foot ITont yard setback. Section 30-26 (B)(3) of the Oshkosh Municipal Code: C-3 Central Commercial District requires lots sharing ITontage with a residential district to provide a 25 foot ITont yard setback. The subject 0.1 acre (approx. 4,000 sq. ft.) property is zoned C-3 Central Commercial District and is developed with a 900 sq. ft. building currently used as an office and fol1llerly used as an automobile customizing shop. The parcel is triangular and is bordered by Main Street on the west and Harrison Street on the east. The general area can be characterized as an eclectic mix of single and two family homes, a 3-unit multifamily and retail/service business at the intersection of Main Street/Harrison Street & New York Avenue. ANALYSIS 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 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? WiD granting of a variance result in harm to the public interest? The applicant is requesting a setback variance ITom the Zoning Code to allow the r-edevelopment of a parking area, to be utilized by the office building on the lot. The site is currently almost totally paved without any striped/fol1llal parking areas, 'contains an old signpost at the comer and contains a small building. It also contains 4 curb-cuts - 2 located on Main Street and 2 located on Harrison Street. The applicant has purchased the property and is redeveloping it as a professional office and is proposing to remove the 2 curb-cuts closest to the comer, create a 3-stall striped/fol1llal parking lot, install a hedge row parking lot buffer and add greenspace. The applicant contends that there is an unnecessary hardship/practical difficulty in redeveloping the site, as it is extremely unusual in size, shape and location. As mentioned, it is a corner lot that requires a 25' setback on both of its street ITontages. As the width of the lot at its widest point is only 63' the application of 2-25' setbacks would make the lot unusable. Additionally, the small size of the lot makes it challenging to establish a business with on-site parking. STAFF REPORT ITEM I -2- BOARD OF APPEALS MARCH 08, 2006 Staff agrees that the redevelopment and operation of a business at the site would be practically difficult, if not impossible, if all code provisions had to be met. Additionally, staff agrees that the property is unique in its configuration and location that makes it much more limiting than other commercial properties within the community. Staff believes that the variance, if granted, would not present any additional harm to the public interest. Staff feels that the petitioners proposal for redevelopment will actually reduce current difficulties at the location by removing a 2 extremely dangerous curb-cuts, establishing organized parking areas that are screened and also increase greenspace at this intersection. The only concern of staff is the reuse of the existing signpost located directly at the comer, as a sign located here could create potential traffic issues. Staff is unsure if the petitioner plans to reuse the signpost and place signage on top of it but suggests, as part of the variance that the post be removed. RECOMMENDATION Based on the info=ation provided within this report, staff recommends approval to pel1llit an off-street parking area that will have a 0 foot ITont yard setback on North Main and Harrison Streets with the following condition: 1. The signpost located at the comer of the site is removed. r:ease TvDe 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" 117"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: /2/ 1. Iv' Petitioner: K pc. P;Z() Pe 1l/ft:'$'/ )..t. c ~ Petitioner's Address: pó [3"r- /6'6' âA}!~l Iv;!:' Signature ReqUire§!/~ Á&-1' fYJ-fJJ!I/ 57: HomePhone:9tP-'5'19'- 2J';:£ ç'l~J Work Phone: CjZU- 23(/ -ð'ð'I.('f Date: ð::Z - / ó - Z-ð' (Î 6 OWner (if not petitioner): 711/'-'<:' 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 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 information requested. Additional information may be requested as needed.) I. Explain your proposed plans and why you are requesting a variance: 5'e+ j; ",des MAI¿e ,.,.- 1/ìff/ c& f-}-- +0 (le 'J)eC/e l<7p, 2. Describe how the variance would not have an adverse effect on surrounding properties: I1JO fJdwr5'f fJ,-f'¡;c J d edt/~t'd "f(lf¡-('.¡;'c aM -k frì&6I. bu~//U'.f)e>", ~ IldJ I~ 0 i'é?I"/1/ '::?ltce¡TÞJ /ì .1' ç/ AY/t'ì IV"" rtWf\ -fro'T'1 ~'.I...f' ~J /'7 U t1-? ( for 1$ 2 rn ~¿ 01>"7 ft--VtZÆ:! ,; :;; Cc?Þ'~l'fZvc..it!!'d -10 d I'r,/ , ø ~ {?e MO III¿ (fl.1..r(;J -f; ;1'1d("GvþlJ( eJ.5e.. drivewAYf 11-1- d{j'-1",o(/vf t.vtert$C 04/' . (Continued on Reverse Side) .h \ ~ 1).\lP~ 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: ::ßXCCP7¡C/C/f!>J7 /Uftao-v T(l.. ( "N'ý/<; jpT ~ bv5"Y / e , ¡z -e' tZ-- 4. Describe the hardship that would result if your variance' were not granted: IWAb(( .Jo lJíc/l/;c£¿ r-Á/Rif/11~I/ß wo-/'o . f fr-Î/ftrty uMu<-- Jd b(: Mv'J~>41 M!¡ I I .rVl4lL€$ I:n./-f'f/.-e:;¡- Ne-fle 0# $'Tf?Cer PIJRj¿ /~..1 ft--,d ~¿ N"¡'fYè"¿ cA A-h /.e, FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES STEVEN/ELIZABETH LEMLEY 1227 N MAIN ST OSHKOSH WI 54901-3841 MICHAEL RENDL 1216 N MAIN ST OSHKOSH WI 54901 GARY DIETENBERGER/ANNE SANFELIPPO 1225 JEFFERSON ST OSHKOSH WI 54901-3835 CITY OF OSHKOSH NANCY SCHNESKE 6 E NEW YORK AVE OSHKOSH WI 54901-3864 PHILIP BAIER 243 W 15TH AVE OSHKOSH WI 54902-6513 SUSAN WILLIAMS PO BOX 2712 OSHKOSH WI 54903-2712 PATRICIA HAASE 1213 N MAIN ST OSHKOSH WI 54901 CAREY/DAVID MOLINSKI 834 GROVE ST OSHKOSH WI 54901-4045 GEORGE/BONITA BURNS 1606 W 9TH AVE OSHKOSH WI 54902 9) 5) 10) 0 KDCProperties, LLC 1212 North Main St. (formerly 1205 Harrison) Oshkosh, VVl54901 /30'CUrhCut Planned Parking and "new" green space Install barrier fencing Install outdoor sign on wall build out on south side '\ Harrison St. fence / 3' to lot line from rear of building Shrubs to block headlights Office Building 9'X18" park1l1g 24 foot drive area a/c unil 9'X~" Parking Grass & landscaping \ence 8'10" from building to sidewaik Handi,¡,pped QjySi¡Nwalk 30' C"b Cut Main Street b 0 <0 120.0' 8A 8 I- CJ) Z - « ~ z "'. V) ð ~ ;:;:5 , ~. ~ E. NEW 7 ~ DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecfing the area shown and it is to he used for reference purposes only. The City of Oshkosh is not re- spnnsihIe for any inaccuracies herein contained. If discrepencies are found, piease contact the City of Oshkosh. . OJHKO./H ON "'. WATEn N A 1212 N MAIN ST City of Oshkosh Wisconsin Community Development 1" = 60' Created by. pi 2/16/06 AVE. ~ œïffiJ I E. ME LVI This map is neith.. a legally recorded map nor a survey and it is not intended to he used., one. This drawing is a compilation of records, data and information looated in varions city, connty and state offices and other sonrces affecting the area shown and it is to be used for refereno< purp"" only. The City of Oshkosh is oot re- sponsible for any inaccnracies herein contained. Ifdiscrepencie~~;e:;~~~k::~:secontactthe 300 , City of Oshkosh Wisconsin Community Development 0 ~ N A DISCLAIMER 1212 N MAIN STREET OJHKOJH ON TI<E WATER 0 300 Feet I Created by - pi