HomeMy WebLinkAbout2006-Request for Variance-Denied
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Jackson R. Kinney
Director.
Dept. of Community Development
ON lHE WATER
City of Oshkosh
Dept. of Community Development
Planning Services Division
215 Church Ave., PO Box 1130
Oshkosh, WI 54903-1130
(920) 236-5059 (920) 236-5053 FAX
http://www.cLoshkosh.wLus
Darryn Burich
Director
Planning Services Division .
OJHKOJH
December 5, 2006
Mr. Richard Naslund
729 N. Washburn St.
Oshkosh, WI 54904
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Dear Mr. Naslund:
On November 22, 2006 the City of Oshkosh Board of Appeals denied your variance request to permit the
relocation ofa structure with a 6-foot front yard setback 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. If this 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 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, _-.------..---.......
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Todd Muehrer ./
Associate Planner/Zoning Administrator
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cc: Inspection Services Division, CityHall
OJHKOJH
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.cLoshkosh.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
. 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.
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) ofthe 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 A VENUE
Andrew Smith, Stuart'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-1 Single Family Residence District requires a 25-foot rear yard
setback.
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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 DNISION AT
(920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY
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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 pm by Chairperson Hentz. Rbll 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, Green Bay, 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 fora variance to permit a 152.5 square ft. per side (305
square ft. total) electronic message center sign.
Seconded by Cornell.
Motion deniedO-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 coqe. 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 a~ked 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 fl. total) message center sign. '
Seconded by Lang.
Motion denied 0-5. Ayes-none. Nays-Carpenter/Cornell/Lang/Ruedinger/Hentz
III. 66 EASTWAUKAU A VENUE
Andrew Smith, Stuart'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
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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 trees after the patio was
constructed. Mr. Nau also stated that the board might wish to place a condition on the variance, if
granted, that the deck could not be covered or enclosed. This could result in making the patio into
potential living space in the future.
Mr. Carpenter inquired ifthe 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. Waukau 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 offwas 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 J O-foot rear yard setback with the following conditions:
J) 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 altho'ugh the
applicant had submitted copies of minutes from the Town of Algoma Plan Commission, Town Board
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 commerited 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 quesJioned 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 of the-Highway 41 expansion, Mr. Lang asked for clarification of this
process.
DavidPatek, Director'ofPublic 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
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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. rfmore 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 M uehrer
Associate Planner/Zoning Administrator
Board of Appeals Minutes
5
November 22, 2006
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STAFF REPORT
BOARD OF APPEALS
NOVEMBER 22, 2006
ITEM IV: 725 NORTH WASHBURN STREET
GENERAL DESCRIPTION AND BACKGROUND
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.
The subject 3.5-acre property has 235 feet of frontage on North Washburn Street and
currently has between 635-645 feet of lot depth. The parcel is located in the Town of
Algoma but falls within the Extraterritorial Zoning area for which the City of Oshkosh is
responsible. It is zoned C-2 ETZ General Commercial Extraterritorial District and is also
located in the Extraterritorial Highway 41 Corridor Overlay District. The property is
bisected by Sawyer Creek and contains 6 individual buildings. The subject building is
used as a consignment shop and is located between the creek and N. Washburn Street
with all other buildings used for residential and residential accessory purposes located to
the west of the creek. Surrounding properties to the northwest and west are used for
residential purposes, to the east is US Highway 41, and lands to the south are
commercial. Zoning for the property and all lands fronting North Washburn Street is
either C-2 General Commercial or C-2 ETZ General Commercial Extraterritorial, all of
which have the Highway 41 Corridor Overlay upon them. The land use in the general
vicinity can be characterized as a commercial corridor with abutting low-density
residential to its west.
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 relocate a former farm house that has been
converted to a commercial building to a location with a 6 foot front yard/N Washburn
Street setback, intruding 44 feet into the required 50 foot Highway 41 ETZ Overlay
District setback and 19 feet into the required 25 foot C-2 ETZ District setback. The
request is being proposed in advance of the planned Wisconsin Dept. of Transportation
(DOT) widening of the North Washburn Street right-of-way that is anticipated to extend
30 to 45 feet into the subject property basically cutting across the subject structure with
the new property/R-O- W line.
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STAFF REPORT
. ITEM IV
-2-
BOARD OF APPEALS
NOVEMBER 22, 2006
It is contended that there is an unnecessary hardship/practical difficulty in using the
subject lot as the DOT will be acquiring a portion of the property where the structure is
currently located. Also, because of the inclusion of the floodplain on the site, the
applicant believes that there is no reasonable use of the property if the requested variance
were not granted. Staff is aware of the DOT intentions to acquire a portion of the
applicant's lot and understands that they are currently at the appraisal stage. The DOT
. preliminarv plans (dated 02/07/06) depict the new right-of-way line as well as fill being
added going through the subject structure and to the north. It is anticipated that the
subject structure will have to be removed from the site and the DOT has established a
preliminary allocation for acquisition. DOT staff has indicated that if the variance is
granted, the owner should be made responsible for grading between the house and
sidewalk and the State be void of future claims from construction by his choice of
building location. Staff is in disagreement with the statement that this situation will create
a condition of no reasonable use of the property. The property is extremely deep and
currently contains five other buildings and substantial uses not affected by DOT actions.
Additional support that the DOT action does not take away all use of the property include
the recompense that will be provided to the owner due to acquisition and the physical
ability to relocate the structure to a number of code compliant locations to the west, either
in or out of the floodplain.
The applicant states that the property itself has unique and peculiar circumstances making
it a hardship onto itself. The first is the proximity of Sawyer Creek and associated
floodplain. As mentioned, the creek intersects the site and a large amount of the property
is located within the floodplain. This is not an uncommon or unique situation for parcels
within the City of Oshkosh, whether located adjacent/near lakes, rivers or streams. Many
properties, including the lots adjacent to the north and the south are in the floodplain.
Additionally, the proposed area for' relocation of the building remains within the
floodplain area even though there are areas on the property to the west that are
completely outside. The second item claimed to make this property unique is the
statement that the subject structure is historic in nature. Staff acknowledges that the
structure is old but does not agree that it is historic as the structure itself appears to have
been severely altered throughout its lifespan in such a manner as to remove most, if not
all, of the historic significance. Additionally, the use of the home as a historic element to
the site is also in question, as it has been converted to a retail use.
In regard to harm to the public interest, the applicant asserts that there would be no harm,
as the move would not change anything for surrounding owners. Staff disagrees with the
applicant in that the proposed setback from the new right-of-way is significant in nature
as it will permit a structure to be extremely close to the right-of-way only 6 feet from the
sidewalk and would impact not only surrounding properties but also impact the
impression and "feel" of the 41 commercial corridor itself. Once the building is moved
from its current location, it is considered to be removed and the relocation is
fundamentally considered placement of a new structure. The proposed location will be a
massive divergence from the required 50-foot building setback established throughout the
Oshkosh frontage road system and would definitely appear to be encroaching into the
roadway area and out of place. The granting of this variance request could be basis for
multiple other front yard variance requests of a lesser or similar degree within the
corridor.
STAFF REPORT
ITEM IV
-3-
BOARD OF APPEALS
NOVEMBER 22, 2006
In summary, staff believes that the subject property will continue to provide the majority
of its current uses if the variance is not granted, albeit that the consignment store use will
have to be relocated or lost. Staff also strongly contends that the need for a dimensional
variance is solely self-created and personal based on the applicants desire to retain all of
the multiple uses currently on-site and to construct a building and reestablish a desirable
use within the required front yard setback area. It is felt that the reduced building setback
would affect the surrounding property as well as the community at large through its
impact on the 41 corridor not only now but also if and when the title of the property is
transferred.
Finally, staff would like to attempt to clarify an item included in the application material.
It is stated that the Town of Algoma unanimously approved a 5-foot setback from the
proposed right-of-way. After doing some research, staff has determined that the request
for a setback was made to the Town of Algoma Plan Commission on March 8, 2006
where it received a unanimous recommendation for denial, it was then brought before the
Town Board on March 15, 2006 where is was unanimously approved. Additionally, city
staff found that the Winnebago County Board of Adjustment heard a variance request as
well on April 6, 2006 where a variance to allow a 15 foot street yard setback was granted
on a 4-1 count with the condition that the City of Oshkosh approve it under it's
Extraterritorial Zoning jurisdiction. Staff is unsure why this item was brought before so
many other groups, as the City of Oshkosh Board of Zoning Appeals is the governing
body with jurisdiction over front yard setback variances. The County does maintain
Shore1and zoning, which has setbacks of 75 feet from the ordinary high water mark of
navigable waterways (such as the creek), however it does not regulate other city or
extraterritorial setback regulations. Additionally, staff is confused to what was
requested, as the invalid county variance does not match the current request. With all this
being said, staff would like to stress the point that the variances heard by other bodies are
irrelevant. It is the Oshkosh Board of Zoning Appeals that must determine if a hardship
exists on the property and what relief, if any, should be granted.
RECOMMENDATION
Staff recommends denial of the variance request.
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Please Tvne or Print in BLACK INK ~
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1:1" T"E WAttA
Return to: Department of
Community Development
215 Church Ave.
P.O. Box 1130
Osbkosh, VVI54903-1130
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Please submit a complete reproducible site plan (maximum size 11" x 17"). (A complete site plan includes, but is not
limited to, all stnictures, 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 ofOshko~h and due at the time the application is submitted.
Address of Parcel Affected: 725 N.. Washburn street
Richard C. Naslund, Trustee of the Richard C. and
Petitioner: Virginia E.o Naslund Joint Revocable Home Phone: 231-7383
Living Trust dated 11-30-1990.
Petitioner's Address: 729 N.o Washburn st. Work Phone: 233 -0 1 22
Signature Required: ;1f;r6ftkI!a&c<; fS~-&;~ /1 /:z.j dt>
. .' . / I
Owner (if not petitioner): SArnfE. 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 unnecessaIy hardship w~uJd b'e created if
the variance is not granted. The burden of proving an unnecessary hardship rests upon the appli~t. The, attached sheet
provides information on what constitutes a hardship. (Attach additional sheets, if necessary. to provide th~ information
requested. Additional information may be requested as needed.) ,
1. Explain your proposed plans and why you are requesting a variance:
Move existing house out of new R.O.W.
See site plan by Rick Schroeder, Architect
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2. Describe bow the variance would not h~ve an adverse effect on surrounding properties:
The house move would change nothing for surrounding properties.
Neighbors approved the move at the 3/15/06 Town of Alcioma meeting,
where the Variance Request was approved 5-0,~or a five foot
setback from the proposed North Washburn street Right Of Way.
3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures:
The house happens to be in the way of the new pro~osed Washburn Street.
The widening of Washburn street and the proximity to Sawyer Creek
make'.~: for the special condition and hardship.
4. Describe the hardship that would result if your variance were not granted:
By reason of special a..tid unusual circumstances, causing undue.
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and unnecessary hardship, this property meets all the guidelines
for granting variances.. . .
An owner would h~ve no feasible use of the property ot~erwis~~
A landmark would be gone..
The hardship is unique and peculiar to this property.
;
. BOA
725 N WASHBURN ST
11-22-06
PRATSCH/JOHN F
2111 LINWAY CT
OSHKOSH WI 54904
NASLUND/RICHARD C TRUSTE
729 WASHBURN ST
OSHKOSH WI 54904
POMMERENING/ARTHUR E
237 N WASHBURN ST
OSHKOSH WI 54904
KIENAST/LUVERN G
765 N WASHBURN ST
OSHKOSH WI 54904
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JULY 12; 2005
05-212 ABO
RESOLUTION
(APPROVED 7-0 LOST
LAID OVER
WITHDRAWN
PURPOSE:
GRANT CONDrTlONAL USE PERMrTS; APPROVE FINAL
PLANNED DEVELOPMENT:
(A) S. WASHBURN STREET, SOUTH OF 1931.1951 S.
WASHBURN STREET
(B) 2100 S. KOELLER STREET
.,~5,~~~t\.'SB.~~~EE~
(A) DIANE GREDE, PETITIONER
(8) OLS=~~ER .p,erjs1row, AAo.
PLAN COMMISSION RECOMMENDATI0,N: AD found consistent with Standards set forth in
Section 30-11 (D) of the Zoning Ordinance andapprove,cLw/conditionsasnoted'
INITIATED BY:
BE IT RESOLVED by the Common Council of the City of O$hkosh that
conditional use permits are hereby granted for the following properties under Section
30-11 of the Oshkosh Zoning Ordinance, and that said permits are Qranted with
conditions, if any, as noted for each respective property. ~nd the Planned DiS:-uict
Overlay and final development plans, per the attached exhibits, are hereby approved.
A) S. Washburn Street, South of 1931.1951 S. Washburn Street; Diane Grede,
petitioner
A conditional use permit for construction of a veterinary clinic for small animals, per the
attached "Exhibit A", with the following conditions:
1)
2)
3)
A grading and drainage plan be submitted to, and approved by, the Department
of Public \lVorks. '0
The site' plan be redrawn to show future cross access to development area to the
south. toinclud9.cpprossaccess agreement .
Boarding is limited to" pets undergoing surgical medical procedures,' health
emergencies and sickness, or under quarantine for rabies observation.
8) 2100 S. Koeller Street; Olsen Brothers LLP, petitioner '. .
A conditional use pennit to operate an unattended fueling station on the south end G>f
2100 S. Koeller Street, per the attached "Exhibit 8", with the condition that.a landscaos
plan to screen the control panel housing be submitted to and approved' by the
Department of Community Development
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JU~ Y 12, 2005
05-212
RESOLUTION
CONTD
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A conditional use permit for a planned development for an auto sales and service
dealership, per the attached -Exhibit D., with the foRewing conditions:
. -
1) The fence. identified encompassing the rear storage area be moved to the inside
edge. of the landscape area with the final location approved by the Department of
Community Development
2) The minimum setback of the front detention areas is 5 feet
3) The east edge of the east detention areas along Washburn Street be enhanced
to include architectural treabnents such as a masonry waif and fence with final
architectural details approved by the . Department of Community Development
4) Landscape islands, minimum 6 feet in width. be added to the ends of the parking!
display aisles in the east display area
5) The landscape island closest to the principal structure be widened to a minimum
of 6 feet. in width.
\.6 ;:;;:;, IJf!:Dtoiifixte~., ~ I;ttitfgq
7f' rtross aln'enance' emerit1:>e re ana awroved by the Department
Df Community Development for the common landscape area along the north
property line. ;
8) Landscape plan be updated for the berm along the west property line. with final
approval by the Department of Community Development. .. '
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NOV-10-2006 FRI 01:03 PM TOWN OF ALGOMA ..
FAX NO. 9202358787
') .
P. 02
TOWN OF ALGOMA
WINNEBAGO COUNTY, WISCONSIN
MINUTES FOR PLANNING COMMISSION MEETING
March 8. 2006
CALL TO ORDE~
The Meeting wascaUed to order by Chairman Nelson a~ 6:00P .M.
ROLL CALL
Dewey E. Nelson'
Jeanne Shiras
Robert Nadolske - Excused
Dan Mingus
Mark Green
Patrick Rocole
Ron Aubrey - Excused
MINUTES OF PREVIOUS MEETINg
Motion made by Green to approve the previous meeting minutes. Seconded by Shiras.
Carried 5-0.
CHAIR REPORT ON TOWN BOARD ACTION
Chairman Nelson stated that the Town Board approved Warren Utecht to be the Site Plan
Ordinance Facilitator. The Town Board also approved the Site Plan Ordinance. The
Schmidt Bros. Construction variance request for Rosewood was tumed down due to no
representation at the meeting.
WATER ADVISORY COM1\tITTEJl1 MEETING REPORT
Shiras stated that they are finishing up Phase II. It was stated that the water is pumped
into the water tower at 56 degrees. The temperature kept in the Tower is 36 degrees. As
of FebruaryJ there are 408 connections to the water.
REPORT FROM T~ PARKS COMMITTEE
No Meeting.
PUBLIC FORUM
Mark Thompson 3375 Sheppard Drive - wanted to remind the Commission that
Rosewood is to be used in the future as a collector road. This would be in regard to Item
# 1 on the Agenda.
Mark Green - Mr. Green infonned the Commission that he is resigning his position. He
submitted his resignation to the Clerk. He stated that there will be three Town Board
members on the commission in April and our Ordinance does not allow it.
Jeanne Shiras - asked the Commission if the Town Board took any action on the
Oakwood Road project. She was infonned that the Town Board approved the Design
Contract with Strand and Associates.
Proceedings of the Town of Algoma Planning Commission Meeting
, March 81 2006
1
Received Time Nov. 10. 1:53PM
NOV-10-2006 FRI 01:03 PM TOWN OF ALGOMA
FAX NO. 9202358787
P. 03
---"
.....-....
"---~'
Richard Spanbauer - wanted to infonn the Commission that the current ordinance allows
one board member to be on the Planning Commission. There is no problem currently
with having two representatives; however, this is on the agenda for the Town Board
Meeting to be discussed.
AGENDA
1. SCHMIDT BROTHERS CONSTRUCTION REOUESTING A VARIANCE ON
ROSEWOOD LANE PERTAINING TO A DRlVEW A Y ENTRANCE.
Ed Schmidt from Schmidt Brothers was present and stated that the temporary euI-
de-sac is not there and he did not know the reason why the driveway could not go
onto Rosewood. Discussion ensued. He was informed by the Commission that
Rosewood is to be used as a collector street for Leonard's Point Roa.d. It was
further stated that the plat states clearly that no driveway entrances were allowed
onto Rosewood. The Commission asked Mr. Schmidt why he wanted this
driveway onto R.osewood. He simply stated it was the design of the house, to
make it look better; however, it would be no problem to redesign the home on this
comer lot. No action taken.
2. REOUEST FOR A V ARIANCEFOR RICHARD NASLUND REGARDING
THE PROPERTY LOCATED AT 725 N. WASHBURN STREET.
Discussion ensued. The commission didn't understand the request and there were
many different opinions among the Commission.. Motion made by Rocole to
deny the variance. Seconded by Shiras. Carried 5-0. Note: The Town Hall
Office will be contacting Mr. Naslund to attend the Town Board Meeting to be
held 011 03-15-06, for this item is on the agenda.
3. CREATE ORDINANCE MANDATING WATER AND SEWER
REQUIREMENTS TO ALL NEW DEVELOPMENTS.
Kevin Mra.z, Director of the Sanitary District, was present for discussion. Mr.
Mraz gave some points to the Commission to consider. One being defining a
subdivision or defming the areas that would. be mandated. Mr. Mraz used the
Wyldewood Subdivision as an example. He would like to try to prevent the
digging of more wells and having contamination problems. Discussion ensued.
Rocole asked how many new wells have been installed since the water has
become available to the Town. Mr. Mraz stated around 10. Rocole asked Mr.
Mraz if a contractor would get any type of discount if he chose to install water to
all the lots in a subdivision at once. Mr. Mraz stated it would for the "contractor
cost". Discussion ensued. Mingus stated that the water system was a "voluntary"
system and he felt creating an ordinance would take that choice away fi:om
residents. Discussion ensued. Mingus and Rocole felt that there should not be an
ordinance created for mandating water and sewer requirements for new
developments. Further discussion ensued. Motion made by Rocole to deny
creating all ordinance mandating water and sewer requirements to all new
developments. Seconded by Mingus. Carried 3-2 with Green and Shiras voting
No.
Proceedings afthe Town of Algama Planning Commission Meeting
March 8,2006
2
Received Time Nov. 10. 1:53PM
NOV-10-2006 FRI 01: 03 PM TOWN OF ALGOMA" , .
FAX NO. 9202358787
P. 04
......-...'.
..-.-."
..,----
'---.-'
AD.JOURNMENT
Motion made by Roco]e to adjourn. Seconded by Mingus. Meeting adjourned at
6:40P,M,
Respectfully Submitted~
Susan M. Mi11er~ Clerk
Town of AIgoma
Proceedings ofihe Town of Algoma Planning Commission Meeting
March 8, 2006
3
Received Time Nov. 10. 1:53PM
I _. .~.
~,
,
.
, ,
DRAFT
TOWN OF ALGOMA
WINNEBAGO COUNTY, WISCONSIN
AGENDA FOR REGULAR TOWN BOARD MEETING
March 15, 2006
6:00PM
Call to Order
Pledge of Allegiance
Roll Call
Public Forum
Supervisor's Statements
Correspondence
Old Business
Attorney's Report
Road Supervisor's Report
Fire Department Report
The Board may Discuss and Act on the Following:
1. Treasurer's Report
2. Approve Minutes of Previous Meeting
3. Approve Board of Audit Statement for February Disbursements
4. Authorize Strand and Associates to apply to Wisconsin Department ofNamral
Resources for an Urban Non-point Source Planning Grant on behalf of the 'f,own
mM~~. .
5. Extending the contract for OCAI~. __ ,,__ , ___,_~~~ ..
, 6~ PropOsaY for equipment upgfade for Channel 19 :from Jeff Boyce. ' .
7. Discuss the possibility -of creating a five (5) person cable access channel. ' ..., .
co!!unittee. -- .. -,- - -- -- "_' - _,_ .._
8. Appoint new employee for Public Access Channel
9. Cleaning out of the west side of Honey creek.
10. Transportation Enhancement Grant for possible bike lanes on the Oakwood Road
Project.
11. Request for a variance for Richard Naslund regarding property loc'~ted a~.,725 N.
Washburn Street. , . .
12. Proper display of house numbers for Emergency Services to identifycorrect
addresses. . '
13. Carl Traeger Middle School elp Mark A> Klein, fireworks permit (06/02/06)..
14. Discuss findings from Atty. Wertsch and Chairman Spanbauer on J;legotiatio~
regarding easements for Butte des Morts II subdivision. ,. .:
15. Training expenses for Board of Review members. .:, ..' :'..
16. Removal of Oak trees in the right-of-way on Oakwood Road byth~ Samtary, ,,'
District. ,.' ,
17. Ordinance regarding having one or two board members on the PHmnirig
Commission.
18. Set date for Roads Tour of the Town.
ADJOURNMENT
e
.,
e
back up for Jeff Boyce when he is unavailable. .This position will pay $10.00 for
every time the employee comes to the Town Hall to do the programming.
Motion made by Blake to appoint Jeff Boyce as the Cable Access Cp,annel
employee. Seconded by Czajkowski. Carried 5-0.
Motion made by Blake to move agenda item #11 forward for discussion. Seconded by
Spanbauer. Carried 5-0.
11. REOUEST FOR V ARlANCEFOR RICHARD NASLUND REGARDING
PROPERTY LOCATED AT 725.. N. WASHBURN STREET.
Richard Naslund presented his request to the board to move the home on the
existing lot located at 725 N. Washburn Street. In moving the home to make
room for the new roadway, the house would still need a variance for the setback
from the roadway. Naslund stated that he has been speaking with Bob Braun
from Winnebago County Zoning. Naslund stated that Braun informed him to
submit bis request to the Town Board because of the expansion of the roadway.
Discussion ensued. Naslund informed the board that this roadway has changed
four times in his lifetime. Further discussion ensued. Motion made by Spanbauer
to grant the variance. Seconded by Green. Carried 5-0~
Motion made by Mingus to move agenda item #13 forward for discussion. Seconded by
Spanbauer. Carried 5-0.
13.. CARL TRAEGER MIDDLE SCHOOL C/O MARK A. KLEIN~. .-,
fmEWORKSPERMIT(06-02-06l. ...,. '.
Discussion ensued as to the amount of insurance coverage required. Motion made
by Blake to approve Fireworks Permit. Seconded by Czajkowski. Carried '5:0.
Due to the photo presentation for both items listed below. Motion made by Spanbauer
to move item #16 forward. Seconded by Czajkowski. Carried $-0. ' ,
9. CLEANING OUT OF THE WEST SIDE OF HONEYCREEIC, .
Photos were shown of the problems with water flow throughout H~ney Cr~k.
Discussion ensued. Motion made by Czajkowski to solicit bids from JaM. Walsh
or any other source as to the cost of cleaning out Honeycreek. Second~ by ,
Mingus. It should be noted if the County Highway Department is to :p~ utiliz~d,
they do not bid. Carried. 5-0. ' .
. "
16. REMVOAL OF OAK TREES IN THE RIGHT-OF-WAY ON OAKWOOD
ROAD BY THE SANITARY DISTRICT. .: . ,
Kevin Mraz from the Sanitary District was present to answer any queStionS from
the board. Discussion ensued as to how many of the three trees sboWn in a, photo
needed to be taken down. Discussion ensued as to possibly splitting cost of the
removal of the trees. Motion made by Czajkowski to share the net cost of
removing the trees from the right-of-way with the Sanitary District. Seconded by
Blake. Carried 5-0.
Proceedings of Town of Algoma Regular Town Board Meeting
March 15. 2006
5
:
__., f \~ to. 010
Winnebago County
Board of Adjustment
DELIBERATIVE
April 6, 2006
7:30 A.M.
Orin King Administrative Building
2nd Floor Conference Room
Oshkosh, WI
Present:
Arden Schroeder, Andrew Welsch, Dan Mingus, Carrita Williams, Karen
Fredrick - court reporter, and Cary Rowe - Assistant Zoning
Administrator.
Greg Kargus
Absent:
Decisions were made on .the following:
1. Richard Naslund Town of Algoma variance.
The meeting was called to order by Arden Schroeder, Chairman at 7:30 A.M.
Motion by A. Welsch to approve the minutes of February 9,2006 and March 24, 2006.
Second, G. Kargus. Motion carried 5-0.
FIRST to be decided was the variance request of Richard Naslund to be allowed to
relocate a building out of a proposed right-of-way, which will not meet the required 30-ft
street yard setback from the new right-of-way line.
Motion by A. Schroeder to approve a 15-ft street yard setback for an existing building.
Second, D. Mingus. Motion by A. Schroeder to amend motion to include condition as
follows: "Approval of this variance is subject to approval by the City of Oshkosh under
the city's extraterritorial zoning jurisdiction". Second, D. Mingus. Motion to include
condition carried 4-1.
Findings for approval:
1. EXCEPTIONAL CIRCUMSTANCES: The limited buildable area is bordered by a
floodway zone to the west and south on the subject property and a property line
to the north. The structure would have to be located in the f100dway to meet the
required street yard setback.
2. PRESERVATION OF PROPERTY RIGHTS: The property owner cannot re-
orientate the existing house in a manner that would meet the required street yard
setback without a variance. The ordinance requirements are unnecessarily
burdensome unless a variance is granted.
3. ABSENCE OF DETRIMENT: Approval of this variance would have no negative
impact on surrounding properties since the right-of-way expansion is impacting
other structure~ along the frontage road in a similar fashion.
Based on the above findings, it is the opinion of the Board that all criteria of Section
17.32(7)(a), (b), and (c) have been met.
ADVISORY CONDITION:
1. Approval of this variance is subject to approval by the City of Oshkosh under the
city's extraterritorial zoning jurisdiction.
VOTE ON THE MOTION
A.Schroeder aye; A. Welsch aye; G. Kargus aye; D. Mingus aye; C. Williams nay.
Motion carried 4-1 to approve a 15-ft setback from the proposed road right-of-way.
Meeting adjourned at 7:55 A.M.
Respectfully submitted,
Cary A. Rowe
Recording Secretary
CAR
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This map is neither a legally recorded map nor
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DISCLAIMER
725 N WASHBURN ST
OJHKOJH
ON THE WATER
Scale: 1" = 1500'
City of Oshkosh
Department of
Community Development
11/03/06