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Home My WebLink About2006-Request for Variance . ~ OJHKOfH City of Oshkosh Dept. of Community Development Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-] 130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director Planning Services Division December 5, 2006 Mr. Robert Ott Reinhold Sign Service 2070 Holmgren Way Green Bay, WI 54304 Reaz~~ Dear Mr. Ott: On November 22, 2006 the City of Oshkosh Board of Appeals denied your variance request to permit the installation of a 152.5 sq. ft. per side electronic message center sign at the above referenced location. The decision of the Board was filed in the Planning Office of the Department of Community Development on November 24,2006. Section 30-6(C)(1) and (2) of the City of Oshkosh Zoning Ordinance allows the same variance request to be heard 3 times in any 12-month period. Ifthisis the first or second time you have requested this variance within 12 months, you may re-app1y 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 circumstances 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 circumstances to warrant an additional hearing, then you may re-submit your variance request through the normal procedure. You may call me at (920) 236-5057 if you have any questions. Sincerely, -_...._-_._-_.._._---.._........~._~..._...- ~----.::-;- /-~ . ,./;7'" /'__,_~ /,,'<~:<;:7' /~ / ~.';.%'<.. ./ L..-' c-.~_-.----.~-_..--,-____...h..-....-..-. ..... Todd Muehrer Associate Planner/Zoning Administrator TM/dff cc: Inspection Services Division, City Hall Bergstrom Automotive OJHKOfH City of Oshkosh Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh,\VI54903-1130 (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 BOARD OF APPEALS AGENDA NOVEMBER 22, 2006 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, NOVEMBER 22, 2006 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF NOVEMBER 8, 2006 MINUTES 1::.... .l~~~rSo(Jt:l!,2!~:~l1~~~~'~!!~ Reinhold Sign Service-applicant, Bergstrom Automotive-owner, request a variance to install a 152.5 square ft. per side (305 square ft. total) electronic message center sign. Section 30-37 (F)(2)(f) of the Oshkosh Municipal Code: Message center signs in any Commercial or Industrial Districts (within the USH 41 Corridor Overlay District) cannot exceed one hundred (100) square ft. of area on one side nor two hundred (200) square ft. for all sides for anyone premises. II. 3650 JACKSON STREET Reinhold Sign Service-applicant, Bergstrom Automotive-owner, request a variance to install a 66.5 square ft. per side (133 square ft. total) message center sign. Section 30-37 (F)(2)(f) of the Oshkosh Municipal Code: Message center signs in any Commercial or Industrial Districts shall not exceed fifty (50) square ft. on one side or one hundred (100) square ft. on all sides. III. 66 EAST W AUKAU AVENUE Andrew Smith, Stuart's Landscaping-applicant, Barbara & Timothy Mulloy-owners, request a variance to permit the development of an attached patio that will have ala foot rear yard setback. Section 30-17 (B)(3)( d) of the Oshkosh Municipal Code: R-1 Single Family Residence District requires a 25-foot rear yard setback. IV. 725 NORTH WASHBURN STREET Richard Naslund-applicant, Richard & Virginia Naslund Joint Revocable Living Trust-owners, request a variance to permit the relocation of a structure with a 6 foot front yard setback on North Washburn Street. Section 30-98 (B)(2)(c) of the Oshkosh Municipal Code: C-2 ETZ General Commercial Extraterritorial District requires a 25' front yard setback and Section 30-104: Extraterritorial Highway 41 Corridor Overlay District requires a 50' building setback from the right'-of-way. 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 NOVEMBER 22, 2006 PRESENT: Robert Cornell, Cheryl Hentz, Larry Lang, Dan Carpenter, Moss Ruedinger EXCUSED: Edward Wilusz, Dennis Penney STAFF: David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording Secretary; David Patek, Director of Public Works The meeting was called to order at 3:30 pmby Chairperson Hentz. Roll call was taken and a quorum declared present. Mr. Cornell made a motion that the minutes of November 8, 2006 be tabled until names could be added to determine who cast the aye and nay votes. Ms. Hentz seconded. Motion carried 5-0. They will be presented again at the next meeting for approval. I. 3285 SOUTH WASHBURN STREET Reinhold Sign Service-applicant, Bergstrom Automotive-owner, request a variance to install a 152.5 square ft. per side (305 square ft. total) electronic message center sign. Section 30-37 (F)(2)(f) of the Oshkosh Municipal Code: Message center signs in any Commercial or Industrial Districts (within the USH 41 Corridor Overlay District) cannot exceed one hundred (100) square ft. of area on one side nor two hundred (200) square ft. for all sides for anyone premises. Mr. Muehrer presented the item and distributed photos of the subject site for review. Robert Ott, Reinhold Sign Service, 2070 Holmgren Way, GreenBay, representing Bergstrom Automotive, stated that Wisconsin Public Service Corp. approached the owner in regards to changing the sign in an effort to reduce energy consumption. Ms. Hentz inquired as to when the original sign was installed and why the oWner was changing to a different manufacturer? Mr. Ott replied that he did not have a specific date the original sign was installed, but the change in manufacturer was due to technology differences. Mr. Muehrer responded that he believes the original sign was approved as part of a planned development in 1995. Mr. Buck added that since the original sign, although larger than code allows, was approved as part of a planned development, the owner could replace it with another noncompliant sign of the same size. The variance request is necessary because they want to now replace the existing approved sign with an even larger one. Mr. Cornell inquired as to why an even larger sign was necessary? Mr. Carpenter asked if a sign was available that would comply dimensionally with the code? Board of Appeals Minutes November 22, 2006 Mr. Ott responded that although a smaller sign was available, Bergstrom's wanted a sign that would accommodate larger letters that would increase the viewing distance of the sign. Mr. Lang inquired as to the cost differential between the two signs? Mr. Ott replied he did not have those figures available. A discussion ensued regarding the differences between the existing and proposed signs. Motion by Lang to approve the request for a variance to permit a 152.5 square ft. per side (305 square ft. total) electronic message center sign. Seconded by Cornell. Motion denied 0-5. Ayes-none.. Nays-Carpenter/Cornell/Lang/Ruedinger/Hentz II. 3650 JACKSON STREET Reinhold Sign Service-applicant, Bergstrom Automotive-owner, request a variance to install a 66.5 square ft. per side (133 square ft. total) message center sign. Section 30-37 (F)(2)(f) of the Oshkosh Municipal Code: Message center signs in any Commercial or Industrial Districts shall not exceed fifty (50) square ft. on one side or one hundred (100) square ft. on all sides. Mr. Muehrer presented the item and distributed photos of the subject site for review. Ms. Hentz inquired if this sign was also allowed as part of a planned development? . Mr. Buck responded that it was not the same situation as the first item, however, he did not know how the existing sign was approved. Under the circumstances, if the existing sign would be removed and a new one installed, it would have to meet cOQ-e. If the same box structure would be used with new electronics installed, the work could be qualified as maintenance, in which case the sign would have to be allowed to remain. Ms. Hentz asked if the sign could be gutted and the electronics in it replaced? Mr. Ott replied that was not possible. Mr. Lang inquired how many manufacturers make these signs? Mt. Ott responded that he did not know how many there were, but they are all pretty similar in sizes. A brief discussion followed by the board members regarding the various sizes of electronic signs. Motion by Cornell to approve the request for a variance to permit a 66.5 square ft. per side (133 square ft. total) message center sign. Seconded by Lang. ~ Motion denied 0-5. Ayes-none. Nays-Carpenter/Cornell/Lang/Ruedinger/Hentz III. 66 EAST W A UKA U A VENUE Andrew Smith, Stuali's Landscaping-applicant, Barbara & Timothy Mulloy-owners, request a variance to permit the development of an attached patio that will have a 10 foot rear yard setback. Section 30-17 (B)(3)(d) of the Oshkosh Municipal Code: R-l Single Family Residence District requires a 25-foot rear yard setback. Board of Appeals Minutes 2 November 22, 2006 ,,f: ~ Mr. Nau presented the item and distributed photos of the subject site for review. He also shared an e- mail he received from M. A. Roufwho resides at 70 E. Waukau Avenue. Mr. Roufhad no objection to the patio, but he was concerned with the removal of two mature trees on the site. Mr. Nau stated that he discussed this matter with the owners and they do not wish to save the trees as they are walnut trees and are extremely messy. The owners stated that they did intend to plant new tre.es after the patio was constructed. Mr. Nau also stated that the board might wish to place a condition on the variance, if granted, thatthe deck could not be covered or enclosed. This could result in making the patio into potential living space in the future. Mr. Carpenter inquired if the walnut trees could be saved? Andrew Smith, Stuart's Landscaping, 2957 Brooks Road, Oshkosh, stated that the trees would have to be removed as the patio could not be safely constructed with the trees in place. . Timothy Mulloy, 66 E. W aukau Avenue, commented that they have no intention of enclosing the patio area in the future. He also commented that his neighbors have nonconforming decks on their properties. Mr. Lang inquired if any neighbors in either direction have had a variance granted for this same purpose? Mr. Nau responded that one of the neighbors has a legal nonconforming deck on his property and another neighbor had a variance granted to allow his deck to be constructed. Mr. Nau pointed out on the photos he distributed the aforementioned decks. . Mr. Lang asked where the cut off was along the shore that the owner had title to with his land? Mr. Buck responded that the high water mark was the determining factor. Mr. Smith commented that the patio would be located above the high water mark. Mr. Cornell inquired if the replacement of the walnut trees should be added as an additional condition? Mr. Buck responded that the board could add another condition if they felt it was necessary. Mr. Lang commented that a condition is usually applied to a variance when landscaping issues are involved. Ms. Hentz and Mr. Cornell agreed. Motion by Lang to approve the request to permit the development of an attached patio that will have a 10-foot rear yard setback with the following conditions: 1) The deck could not be covered or enclosed. 2) Similar or suitable landscaping to be installed upon completion of the deck. Seconded by Carpenter. Motion carried 5-0. Ayes-Carpenter/Ruedinger/Cornell/Lang/Hentz. Nays-none. Finding of Facts: Special nature of the property. No adverse impact on neighborhood. No safety hazard. No harm to general public. Board of Appeals Minutes 3 November 22, 2006 IV. 725 NORTH WASHBURN STREET Richard Naslund-applicant, Richard & Virginia Naslund Joint Revocable Living Trust-owners, request a variance to permit the relocation of a structure with a 6 foot front yard setback on North Washburn Street. Section 30-98 (B)(2)(c) of the Oshkosh Municipal Code: C-2 ETZ General Commercial Extraterritorial District requires a 25' front yard setback and Section 30-104: Extraterritorial Highway 41 Corridor Overlay District requires a 50' building setback from the right-of-way. Mr. Buck presented the item and distributed photos of the subject site. Mr. Buck noted that although the applicant had submitted copies of minutes from the Town of Algoma Plan Commission, Town Bqard Meeting, and the Winnebago County Board of Adjustment in regards to this issue, their decision on the matter was not necessary for approval. The Board of Appeals for the City of Oshkosh governs the variance in this matter. Richard Naslund, 729 N. Washburn Street, presented a large aerial photo of the site displaying the buildings and many trees on the property. He also distributed photos of neighboring properties owned by Pommerening Chevrolet and Bergstrom Automotive to display the cars parked in the right-of-way as well as a retention pond. He stated that he was not aware that the other boards that previously reviewed this variance did not have jurisdiction in this area. He commented that he felt that the City would not want to lose a 150-year-old landmark and the taxes that go along with the property. He further stated that the house couldn't be moved to another area on the site due to the location of the creek and the flood plain and flood way. Mr. Lang questioned if the house could not be moved across the creek? Mr. Naslund responded that it would not be possible and would disturb the flavor of the entire site. Eric Naslund, Richard's son, commented that the house was old and unique and he felt it was important to preserve something from the past. A brief discussion followed regarding other locations on the site where the house could potentially be relocated. Due to the fact that the Wisconsin Department of Transportation would be acquiring part of this property that is within the right-of-way ofthe Highway 41 expansion, Mr. Lang asked for clarification of this process. David Patek, Director of Public Works, stated that the usual DOT process would be to purchase the home and land required for the highway expansion and any necessary easements and provide relocation costs to the owner. Most lots do not usually have more than one home on the site. Mr. Lang asked if the DOT would move the house for the owner? . Mr. Patek replied that the DOT could purchase the home and then sell it back to the owner if they desired to move the structure elsewhere. Mr. Lang asked if sidewalks were to be installed in this area? Mr. Patek responded yes. Mr. Lang commented that the variance, if granted, would place the house only six feet from the sidewalk. Mr. Carpenter commented that other variances of a similar nature have been denied for safety reasons. Mr. Cornell also commented that it would be a traffic hazard so close to the right-of-way and Board of Appeals Minutes 4 November 22, 2006 ( that if the DOT would be compensating the owner for the home he could not understand the reason to allow it to remain there. Mr. Lang stated that he did not see any indication that this home is on the historic register and if it is so unique, it could be moved to another location to preserve it. Mr. Lang further stated that allowing this variance would set a precedence for future variances. The relocation of the home is no different than allowing a new structure to be built in the right-of-way. Ms. Hentz commented that she would support the variance as it appears that it would be difficult to move the home to a different location on the property and that the confusion surrounding who governs this area in relation to granting a variance has made for a difficult situation for the owner. Motion by Carpenter to approve the variance to permit the relocation of a structure with a 6-foot front yard setback. Seconded by Cornell. Motion denied 1-4. Ayes-Hentz. Nays-Lang/Carpenter/Cornell/Ruedinger OTHER BUSINESS-DISCUSSION OF PROCEDURES Mr. Lang requested that the pages be numbered in future staff reports for easier reference. The Board briefly discussed the issue of changing the meetings for 2007 to once a month rather than twice a month. It was decided that the Board of Appeals meetings would now be held once per month on the second Wednesday of each month. The Board members concurred that a cap of five items should be placed.on the meetings. Ifmore than five items should be submitted for review, the remaining items would be heard at a special meeting held on the fourth Wednesday of the month. This procedure change will be reviewed in nine months to evaluate its impact. Motion by Lang to approve the change in meeting schedule. Seconded by Carpenter. Motion carried 5-0. Ayes-Carpenter/Cornell/Lang/Ruedinger/Hentz. Nays-none. There being no further business, the meeting adjourned at 5: 17 pm. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 5 November 22, 2006 ST AFF REPORT BOARD OF APPEALS NOVEMBER 22, 2006 ITEM I: 3285 S. WASHBURN STREET GENERAL DESCRIPTION AND BACKGROUND Reinhold Sign Service-applicant, Bergstrom Automotive-owner, request a variance to install a 152.5 square ft. per side (305 square ft. total) electronic message center sign. Section 30-37 (F)(2)(f) of the Oshkosh Municipal Code: Message center signs in any Commercial or Industrial Districts (within the USH 41 Corridor Overlay District) cannot exceed one hundred (100) square ft. of area on one side nor two hundred (200) square ft. for all sides for anyone premises. The subject property is zoned M-1PD, Light Industrial District with a Planned Development Overlay. Additionally, the property is in the USH 41 Corridor Overlay District. The property is generally located south of McClone Drive, west of S. Washburn St. and USH 41. The 8.36-acre site is developed with three stand-alone buildings that Bergstrom Automotive uses for automobile sales and service purposes. Bergstrom Automotive currently utilizes a 4'x 29' (116 square ft. per side --- 232 square ft. total) electronic message center sign at the subject property. Properties to the north and south of the subject site are commercial, residential is to the west and US Highway 41 is adjacent on the east. Generally speaking, the area is a mixtUre of commercial, agricultural, and vacant land uses. . ANAL YSIS 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? Will granting of a variance result in harm to the public interest? The applicant is requesting a variance to install a 152.5 square ft. per side (305 square ft. total) electronic message center sign, which would be 52.5 square ft. per side (105 square ft. total) in excess of what is allowed by the City of Oshkosh Zoning Ordinance. It should be noted, however, that the owner's existing message center sign, which was approved by a planned development/conditional use permit already exceeds the allowable per side limit by 16 square ft. (or 32 square ft. total). According to the applicant, the variance request is because the existing unit uses aged technology and consumes considerable energy (see letter addressed to the Board of Appeals dated November 1, 2006). As such, the applicant/owner is not specifically looking to enlarge the sign, but instead wishes to remove and replace an old and outdated model with a similar sized unit that uses updated technology and is more energy efficient. STAFF REPORT ITEM I -2- BOARD OF APPEALS NOVEMBER 22, 2006 The applicant also states that the difference in the size of the message center signs is due to manufacturing differences between two manufacturers. In the applicant's opinion, the look or feel of the sign will not be changing and the remaining portion of the sign will not be affected structurally. While staff understands the applicant/owners desire to use updated and more energy efficient technology for the message center sign, we view this request as an "economic" hardship. Additionally, the sign can be constructed to meet code or standards set in the development plan/conditional use permit and staff feels that the increased size is unnecessary and is not the least variance necessary. Subsequently, in staffs opinion, the request does not meet the criteria to grant a variance. Also, staff believes that the approval of this variance is unnecessary at this time considering the existing message center sign already exceeds the allowable area and no unusual or unique physical limitations are present on the property. RECOMMENDATION Based on the information provided in this report, staff recommends denial of the variance as requested. Piease Type or Print in BLACK INK ~ Q.fH<O!H . OtllHEVJ,;U:R Return to: Department of Community Development Z15 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please 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 distances to each.) Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected:.m S 5 ()C'A...~~ Petitioner: . effihJc..l ':;\9" ,.5m) It- e.. Petitioner's Address: !XD ~ M-JlrYlfl,--(n W~ ~~~~ w:r -5'-130'/ Signature Required: . . .' . Owner (if not petitioner):-B~<'~ 4 ~ 1Yhk()'(' Owner's Address: Home Phone: CJd-.O- <-/94- /{ b l Work Phone: 9.;20 - </1.4 -7/b I Date: II/job. .J Home Phone: qao - ').;2.S -I../l/L/fd 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 addition31 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 vmance: &~ JlHo;AeJ Idler 2070 Holmgren Way . Green Bay, Wisconsin 54304 (920) 494-7161 . FAX (920) 494-8720 tMe www.reinholdsigns.com November 1,2006 Board of Appeals City of Oshkosh Department of Community Development 215 Church Ave. Oshkosh, VVl54903 Board of Appeals Members: The purpose of this letter is to explain the need for a variance at the Bergstrom Automotive at 3285 S. VVashburn Ave. VVe (Bergstrom Automotive, Reinhold Sign Service, and AutoComm Incorporated) are seeking a variance to exceed the allowable square footage of Electronic Message Centers (EMC's). The site in question currently has an existing EMC installed. Unfortuantely, the existing unit is aged technology and consumes considerable energy. The size of the existing unit is 48" (H) x 29' (L) (116 square feet per side) and has been "grandfathered" as a non-conforming sign once the code became 100 square feet maximum. The new unit that we are proposing is 56" (H) x 32' 8" (L) (152.5 square feet per side). The difference in the size is related to the manufacturing differences between two manufacturers. VVe are asking that you consider this variance because we feel that we are not changing the look or feel of the sign. The reason for the change of the EMC is not to enlarge the sign, but to remove and replace an old and outdated model with a similar sized unit that has updated technology and is more energy efficient. Structurally, the rest of the sign will not be affected. I look forward to discussing the issue further with you. In the meantime, please feel free to contact me with questions or concerns at 920-494-7161. ~cw- Robert Ott Senior Account Executive Reinhold Sign Service Enclosures (4) The Sign of a Good Image Since 1954 . BOA 3285 S WASHBURN ST 11-22-06 BERGSTROM OF THE FOX VALLEY INC 1 NEENAH CENTER NEENAH WI 54956 BERGSTROM FOX VALLEY INC PO BOX 777 NEENAH WI 54957 0777 FLANAGAN REV TRUST FINTAN/CAROL 1545 ARBORETUM DR 422 OSHKOSH WI 54901 2797 MCCLONE DOWNTOWN DEVELOPMENT LLC 150 MAIN ST 102 MENASHA WI 54952 3151 REINHOLD SIGN SERVICE 2070 HOLMGREN WAY GREEN BAY WI 54304 ~ ~ ~ (> 1"\1 \S\ - Ci'\ '<: ~ 9> -:... . . <.n )\ - . . ...... ~, ~ ~ r ! )> :I: Z ! '" z !l '" 11 ~ r - - -: - - -,.. - - - - - --- _'2,8:!..-__ - - -- - - - - - - - - - - -: I . . . I : . . . I Ii I~: , /: I H-Itf-ltftti#tttt ! J _I __--- Ji, ] I - -.......------- ',\ ' , \ I \ \ \ 1 \ I : I' I I : 'ZI ~ II t ~ t ~ ! I~. I I I I I I I I ,_ ell ell ~ ~, "- I I : \ I , I I );\ 0 III. . .1. ~ J j : I I I . Ii I ~ ~. i I , I --~ ~. I ~i/~ PROPOSED ADDITION AND ALTERATIONS FOR: Fl-~t:!~,..."'t't:lf'lM. ,.. t\iH~t:'.Ar-.\! D;::A~ l E~SHrp ;...lL_i"\v:;', !"\v I ~.;;;J:;:;} .1'. ,- .. y'"\ , . 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