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HomeMy WebLinkAboutBoard of Appeals - Variance ~"".. 'i~~/:Y:k-',; - "<';:':'W~_:--,: City of Oshkosh Dept. of Community Development Planning Services Division 215 Church Ave., PO Box] 130 Oshkosh, WI 54903-] 130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us OJHKOJH ON THE WAT~ February 15,2007 Keith Pollaow, President Choice Bank POBox 2762 Oshkosh, VVI 54903 Re: 2201 Jackson St Dear Mr. Pollaow: Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director PI anning Services Division 011 February 14,2007 the Board of Appeals approved a variance to permit a sign with a setback of 10' on Jackson St at the above referenced location with the following conditions: (1) The sign base shall be landscaped with low-level plantings. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on February 15,2007. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on August 15, 2007 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 of the decision. Building permits 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 information necessary for review when obtaining your building permit. If you have any questions~ feel free to call me at (920) 236-5057. Tod Associate Planner/Zoning Administrator TM/kjg CC: Inspection Services Division, City Hall Tom Rusch, 3801 State Rd 21, Oshkosh WI 54904 ON THE WATER City of Oshkosh Planning Services Division 2]5 Church 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 BOARD OF APPEALS AGENDA FEBRUARY 14,2007 3:30 PM To VVhom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, FEBRUARY 14, 2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL Al>PROV AL OF JANUARY 10, 2007 MINUTES I. 2201 JACKSON STREET Choice Bank-applicant, Tom Rusch-owner, request a variance to permit a sign with a setback of 10' on Jackson Street. Section 30-25 (B)(2) of the Oshkosh Municipal Code: C-2 General Commercial District of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. II. S. KOELLER STREET (VACANT LOT) Brian VV ogernese-applicant, Andy Dumke-owner, request a variance to permit the creation of a shared access drive with a 0' side yard setback. Section 30-34 (D)(4)(b) of the Oshkosh Municipal Code: Highway 41 Corridor Overlay District requires minimum side yard setbacks to be 15 feet. 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 FEBRUARY 14,2007 PRESENT: Dan Carpenter, Robert Cornell, Larry Lang, Edward Wilusz, Cheryl Hentz EXCUSED: Dennis Penney, Moss Ruedinger STAFF: David Buck, Principal Planner; Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording Secretary; Karin Gehrke, Recording Secretary The meeting was called to order at3 :30 pm by Chairperson Hentz. Roll call was taken and a quorum declared present. The minutes of January 10, 2007 were corrected to show Moss Ruedinger was excused, not present, at the meeting. VVith the incorporation of that correction, the minutes were then approved as distributed. Lang/Cornell 5-0. I. 2201 JACKSON STREET Choice Bank-applicant, Tom Rusch-owner, request a variance to permit a sign with a setback of 10' on Jackson Street. Section 30-25 (B)(2) of the Oshkosh Municipal Code: C-2 General Commercial District of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. It should be noted this is the second hearing for this application. The original hearing occurred on November 8, 2006 and was denied 2-3. Choice Bank-applicant, has altered their proposal and is requesting the second hearing. Generally speaking, there are two significant changes since the original hearing. One, the applicant is now proposing to construct a pylon sign instead of a monument sign. Two, the applicant is now proposing a front yard setback of only 10' instead of 12'. Mr. Muehrer presented the item and distributed photos ofthe subject site. Ms. Hentz questioned the fact that other businesses with signs in the setback area were being displayed in the photos. She stated that, in the past, the board was not allowed to take into consideration previous applications when reviewing a current one: Mr. Buck responded that these photos were to help put things into context and basically show what is in the area surrounding the applicant's property. Mr. Lang questioned if this was a new application and if so, was the review fee paid a second time. Mr. Buck replied that it was a new application and the necessary fees had been submitted. Ann Simon, Appleton Sign Company, 2400 Holly Road, Neenah, distributed photos of the site and stated that she felt that the pylon sign being submitted for review was aesthetically pleasing to the eye and would not be blocked from visibility by the power box from the neighboring apartment building. Board of Appeals Minutes February ]4, 2007 She was hoping to obtain approval of this sign option with a 10' setback as visibility of it would be compromised ifit were to be set back further from the street. ~.?4 Mr. Lang questioned if the bank owned or leased this building and if the building was newly constructed or if it previously existed. Stan Liedel, Choice Bank, 2450 VVitzel Avenue, replied the building was newly constructed and leased by the bank. Mr. Lang referenced the photos in the staff report displaying other businesses with signs in the setback area. He asked how long the signs have been there. Mr. Liedel stated that he did not know, but he would guess five to ten years. Mr. Lang asked if they were assuming that since old signs were approved that this sign would be permissible as well. Mr. Liedel responded that the neighboring duplexes were too close to the street for their sign to be seen at a safe distance. He felt that it was a safety issue, as traffic would not have ample time to stop to avoid missing the bank's driveway without the sign at a more visible location. Mr. Lang inquired if there was a vertical limit on signage. Mr. Muehrer replied that the vertical limit was 30 feet. Mr. Lang asked if the sign could be placed on the top of the building instead. Mr. Buck responded that it could not as roof signs are not permitted in the City. Mr. Cornell commented that although the sign situation may be self-created, he felt that this proposal was a more reasonable request than the initial application. Mr. Liedel stated that the initial proposal was based on the fact that a sign had existed at this location previously and they assumed that a variance would be granted to place one there again. Mr. Carpenter asked where all the signs came from that are currently in the setback area. Mr. Liedel replied that they were temporary signs for construction purposes and would be removed. Mr. Carpenter inquired how tall the low-level plantings would be that are being applied as a condition to the approval of the pylon sign. Mr. Buck responded that they would be less than 24 inches at maturity and would not interfere with visibility. Mr. VVilusz commented that the combination of commercial and residential properties seems to create a unique situation. Mr. Buck replied that in most areas high-density commercial properties are surrounded by multi-family apartments and then graduate to residential properties. The unique situation here is that the commercial properties were developed prior to the residential area. Board of Appeals Minutes 2 February 14,2007 ~.., Ms. Hentz asked if it would be a safe assumption that the applicant had no objections to the plantings around the base of the sign. She also inquired why the applicant changed their request from a 12-foot setback to a 10-foot one. Mr. Liedel responded that they had no objections to the plantings. Ms. Simon added that the change in the setback was due to safety concerns in winter with ice and snow build up. They wanted to make sure the sign was far enough .from the driveway to prevent someone from sliding into it. Mr. Lang asked if the placement of the sign was not part of the original building plan. Mr. Liedel replied that the monument sign on the initial application was part of the original plan. Mr. Lang inquired if the applicant was then assuming that a variance would be granted as the original plan did not allow for the required setback or ifthe zoning code was not looked into at the time. Mr. Liedel responded that they had not checked into what the zoning ordinance was for signs and had assumed since they were essentially replacing an existing sign in that location that it would not be a problem. Mr. Lang commented that it was his impression that the applicant assumed that since someone else had a sign in this location that they would be able to obtain approval for their sign as well. He felt that this was an owner caused hardship since the building was constructed with a minimum setback, which did not leave sufficient area to erect a sign. He would not support this variance request. Mr. Cornell stated that he had safety concerns with the original application for a monument sign but he feels that this has been adequately addressed with the new application for a pylon sign and he would not have an issue supporting this variance. Mr. VVilusz commented that he felt it was somewhat of a unique situation and he felt that the zoning codes should allow a business owner to advertise their location. He felt that it was a well-designed proposal and he would not have a problem supporting the variance. Mr. Cornell added that part of the analysis of granting a variance is if it would harm public interest. He felt that since the safety concerns had been addressed that it would not be any harm to the public and he would support granting this variance as well. Ms. Hentz stated that she felt it was human nature to assume that since an existing sign had been located in this locationthat a new on<;:coulci beerec;1edin its place. She also felt that since the safety concerns with the monument sign had been addressed that she would be in favor of granting the variance also. Motion by Carpenter to approve the request for a variance to permit a sign with a setback of 1 0' on Jackson Street with the following condition: (a) The sign base shall be landscaped with low-level plantings. Seconded by Cornell. Motion carried 4-1. Ayes-Carpenter/Cornell/Wilusz/Hentz. Nays-Lang. Board of Appeals Minutes 3 February 14,2007 Finding of Facts: Safety issues had been addressed. Unique situation with commercial and multi-family developments in close proximity. No harm to public interest. Consistent with other signs in area. ',.. Minority Finding of Facts: Another ugly corridor in the City. Opens door to create a unique situation to get a variance. Building plans were flawed. Self inflicted hardship. II. S. KOELLER STREET (VACANT LOT) Brian VVogernese-applicant, Andy Dumke-owner, request a variance to permit the creation ofa shared access drive with a 0' side yard setback. Section 30-34 (D)(4)(b) of the Oshkosh Municipal Code: Highway 41 Corridor Overlay District requires minimum side yard setbacks to be 15 feet. Mr. Muehrer presented the item and stated that Paul Schroeder, 1750 VV. Fifth Avenue, Apartment F, Oshkosh, had contacted him regarding this item and indicated that he had no objections to the applicant's request for a shared drive, but he would like to recommend that dense evergreen screening be placed on the southeast corner of the lot in order to buffer adjacent residential properties. Brian VV ogernese, 1103 VV ashington Avenue, Oshkosh, stated that they could address the plantings along the lot lines with the neighbors and that would not be a problem. He further stated that they had developed other sites in Oshkosh and were pleased when this site became available giving them an opportunity for another development. It is hard to find a lot like this one in town. Mr. Dumke, 2030 Menominee Drive, Oshkosh, stated that the City is in favor oflimiting curb cuts particularly on busy streets for safety reasons. He commented that a shared access agreement must have been in place previously as there were only two curb cuts entering the Anchor Bank property who previously owned the vacant lot as well. Mr. VVilusz stated that if the variance for a shared drive was not approved, it was his understanding that the curb cut for this property would have to be located in the middle of the lot eliminating a good deal of the parking stalls for the site. He was wondering if there was any other way this could be resolved. Mr. VV ogernese responded that the site could be developed without the approval for the shared access drive, but it would be very difficult. Mr. Dumke added that it would also create a lot of access points in a small area on a busy street, which would be a safety concern. Mr. VVilusz commented that there was definitely a practical problem with this site and he felt that the shared access drive would be a good solution to the issue. Ms. Hentz stated that since 50 percent of the parking would be lost if this site required its own curb cut, she would support the granting of this variance. Motion by Cornell to approve the request for a variance to permit the creation of a shared access drive with a 0' side yard setback. Seconded by Wilusz. Motion carried 5-0. Ayes- Carpenter/Cornell/Lang/Wilusz/Hentz. Board of Appeals Minutes 4 February 14,2007 .- Finding of Facts: Improves safety by minimizing curb cuts. No harm to the public interest. OTHER BUSINESS Ms. Hentz inquired about the variance that was issued for an ornamental fence at Paine's Arboretum. She was wondering why construction had not yet begun on the project. Mr. Buck replied that the applicant has six months to obtain a permit for the project and he was not aware if they had done so yet. Mr. Muehrer stated that he could check into the matter and inquired when the variance was approved. Ms. Hentz did not recall exactly when it was approved and stated it was some time last summer to the best of her knowledge. There being no further business, the meeting adjourned at 4:15 pm. Lang/VVilusz 5-0. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 5 February 14,2007 If ., STAFF REPORT BOARD OF APPEALS FEBRUARY 14, 2007 ITEM I: 2201 JACKSON STREET GENERAL DESCRIPTION AND BACKGROUND It should be noted this is the second hearing for this application. The original hearing occurred on November 8, 2006 and was denied 2-3. Choice Bank-applicant, has altered their proposal and is requesting the second hearing. Generally speaking, there are two significant changes since the original hearing. One, the applicant is now proposing to construct a pylon sign instead of a monument sign. Two, the applicant is now proposing a front yard setback of only 10' instead of 12 '. Choice Bank-applicant, Tom Rusch-owner, request a variance to permit a sign with a setback of 10' on Jackson Street. Section 30-25 (B)(2) of the Oshkosh Municipal Code: C-2 General Commercial District of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. The subject 2.92-acre (approx. 127,195 sq. ft.) property is currently zoned C-2 General Commercial and features three existing buildings in addition to the new freestanding facility being leased by Choice Bank. Choice Bank's use of the new facility is commercial in nature (i.e. full service financial institution). The tenants of the other existing buildings on-site include NTD Telecom (2127 Jackson St) and Conklin Sheet Metal (450 E. Linwood Avenue) as well as another unmarked building. The parcel is located at the west side of Jackson Street, north ofW. Linwood Avenue and south ofW. Smith Avenue. The land use in the general vicinity can be characterized as a main commercial corridor with an abutting high-density residential area to its north. 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 baeks, 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 construct a pylon ground sign that would be 20 feet 2 inches in overall height. The cabinet width would be 12 feet and the cabinet height would be 6 feet 2 inches. The proposed sign would be placed perpendicular to Jackson Street and have a 10-foot front yard setback, which would intrude 15 feet into the required 25 feet front yard setback. The applicant states that there is a practical difficulty placing the sign at the required set back distance due to the existing multi-family apartment complex located immediately north of the subject site. Specifically, the petitioner states that southbound traffic would suffer from decreased visibility of the site due to the apartment complex and its related STAFF REPORT ITEM I -2- BOARD OF APPEALS FEBRUARY 14, 2007 structures. Furthermore, the applicant feels this could develop into a traffic safety issue, as southbound traffic would not have suitable time to break, signal, and turn their vehicle into the bank's parking lot. The applicant also believes that the 10' setback for the sign is similar to adjacent and neighboring commercial properties and would not have an adverse affect. Staff acknowledges that many of the existing commercial properties located on Jackson Street have signage placed within the front yard setback areas. Likewise, staff concurs with the applicant that the potential exists for traffic safety issues to develop due to delayed sign identification for southbound traffic. Also, staff believes the design of the sign base has sufficiently addressed the safety issues raised by the board at the first hearing related to the nearby school pedestrian crossing. Essentially the design of the sign base maximizes vehicular and pedestrian vision along Jackson Street while allowing the business ample sign age for identification purposes. With this in mind, it does not appear that any adverse impact or harm to the public interest would take place by the granting of this variance. RECOMMENDATION Staff recommends approval of the variance with the following condition: (a) The sign base shall be landscaped with low-level plantings. 2 Please Tvne or Print in BLACK INK (t) Q1H(QfH .......- Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosb,WI 54903-1130 .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 stroctures. 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 Par eel Affected: .::;. .;2. 0/ /l/, \1i9 ck.rOdJ ..G-/2-e6'-:r Petitioner: c;(" .Ice &",k Home Phone: /ZIt4 Petitioner's Address: /fcl A'cU--..2 ?t'J2 L).r-hhd S'J/5D.? WorkPhone: .::2..:?o.-/.?OO Signatllre ~Ui~ ~ c. /of;;;;;;--'-~.r/trk"r-' Date: /oI'hAtt' Owner (if not petitioner): ~A'1 .A?tA.f"cA Home Phone: Owner's Address: Work Phone: Signatllrc 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 infonnation may be requested as needed.) 1. Explain your proposed plans an why yon are requesting a variance: 3 1. Explain your proposed plans and why you are requesting a variance: Choice Bank is leasing a newly constructed, free standing facility to operate as a full service financial institution. If a sign were constructed with a 25' setback or placed directly on the building itself, it would be completely blocked by the existing structure on the northern boundary of our parcel. It is extremely important that a financial services facility is visible to traffic to insure that drivers can see where the business is and have adequate time to safely slow down for entry. Therefore, we are proposing a variance so that we may construct a pylon sign on the eastern portion of the lot with a 10' setback. 2. Describe how the variance would not have an adverse affect on surrounding properties: The 10' setback that we. are requesting for our sign is similar to those of adjacent and neighboring commercial properties on Jackson Street and therefore the petitioner believes that if granted the variance would not have an adverse affect and indeed conforms with the placement of other signs on the street. 3. Describe the special conditions that apply to your lot structure that do not apply to surrounding lots: The parcel that we have constructed the banking facility upon is bordered on the north property line by a parcel zoned R4 which allowed that structure to be built with a lesser setback than we typically see in a commercially zoned area. Therefore, any building signage or ground signage with the normal setback would be hidden. 4. Describe the hardship that would result if your variance were not granted: The sign for our banking facility would be obstructed from traffic approaching from the north. Such restricted visibility hampers customer recognition and the ultimate success ofthe business of the new facility. Lack of such visibility could also could create a traffic safety issue since vehicles approaching form the north may not have ample time to slow down to turn into the parcel if they cannot see the sign. 4 -BOA 2201 JACKSON ST 02-14-07 HANSEN TRUST BUD I/LAURA M 2202 JACKSON ST OSHKOSH WI 54901 1808 CHOICE BANK PO BOX 2762 OSHKOSH WI 54903 YOUNG INC RUSS 2308 JACKSON ST OSHKOSH WI 54901 1899 JACKSON STREET DEVELOPMENT LLC 3807 STATE ROAD 21 A OSHKOSH WI 54904 MOORE PETER S 2116 JACKSON ST OSHKOSH WI 54901 1806 Z R H PARTNERSHIP 1626 OAK ST LACROSSE WI 54603 2308 TOM RUSCH 3801 STATE RD 21 OSHKOSH WI 54904 5 Variance Application: Choice Bank 2201 N. Jackson Street SqCorn;-rr:eof 6~ qpp llCA-tVy (1) 6 Variance Application: Choice Bank 2201 N. Jackson Street (2) 7 Variance Application: Choice Bank 2201 N. Jackson Street 2400 Holly Road NeEnah, WI S4!l56-J012 POOlltJ W20} 134-1601 fa~ t9Z0} 734-1622 Drawing ND: d040S6 .~~~.:..__~{16""':.!:.~:__.____ Date: 12/18106 Rev: 00/00:00 Representative: ~ CJlIKiII Designor: ~ lAIN Totll Project HDurs: (3 I Page HOIlI1l ~ ( 1 ) CHOICE BAliK 2201 N. Jack... 5.. Osl1kO<h, WI SOUTH ELEVATION: 5.."': 3/32",".0' NORTH ELEVATION: N.lT.S..I. DrawingNDl ~~~-1.~: 3 St4lo: 3.:,.132....1'-0.. Date: 12i18i06 Rev: 00/00/00 ~f8senta1]Y!J..riA>H~:~~!!l!!!tUa_~-'~~!.. TotalProjectHoQl'$: 13} Page HDUrs:~ (.S I ~.~!!~!.~.~!~., 2400 Htll!y Road ~n;m, WI 54956.1012 J'hol'e{!t201114-161)1f.1d:i9Z0J73ol.1G22 ~C{bm:-tt~of b!j CHOICE BANK 2201 N. JackSllR 81- Oshk.sh. WI Approved By : Olte: .....~ .._,-~",._-_..._..... " ...,-~"--_.~..~....,, ~-".- nit> ("O{OJ'IJ sn..um 0" rhi~ ;;Jr.lwinq do "'::tt ';}""'fly N~"llt <l'*tJdl plint, ;tony{. 1l("On or iI':,yt;;: co1w5. App hc...A N( (3) 8 Variance Application: Choice Bank 2201 N. 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';": '":.' ~ .,"'.: '.-..",:C W?!."" 'i'i'. ~ GJ':" ~ ~_"') g tsI~':'h'; . ..... '. :;;.,' -.:p;?-. ;'''~;.[. .,~;:<.,. i);~;~~::{i:. ':' ~< '.~:,"::? 310 306 300 228 ... N o N N b !! to ~ N 227 313 n L.J SUBJECT SITE 143.0' '" '''' 45.a7' 4587' 917"" 1150' ~ 450 135.12' \75.0' 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 affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencles are found, please contact the City of Oshkosh. 2201 JACKSONST Scale: 1 n = 150' Created by - dff o N . . ~ ~I~i~;? :;>;.'~.~*~ ~i4;; 320 -----.--- .-.-----.- --.- 111.25' ~ ~5 .' :"",:;,-.-.,.', : '. ,:.:' I"" ;.::j',-,:,:~-,:,',:>.',.:::' .- ...-. OJHKOJH ON THE WATER City of Oshkosh Department of Community Development 10/31/06 15 M.3 ~ u ::> <( z 0:: W L1. -~ // AVE. C/) C/) 0:: w 0:: 0 (.9 g: ...... 0:: UJ 6~ ....C/) u SUBJECT SITE 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 affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh is not reo sponslble for any Inaccuracies herein contained. if discrepencles are found, please contact the City of Oshkosh. Created by - dff ~ g '" o o o ., rVIif. FERNAU AVE. ~~ ~- 2201 JACKSON ST. Scale: 1" = 1500' M-3 ~N. ",.\ ~v ~~ ~~Q~ ~\-: <;; rO r<:U U <Q" MACARTHUR RD. E. FERNAU AVE. <( f z <( ::; :i ~ z ::> o u 0:: .w EW~ == w i pS EngG j NICOLE"'. IAviI. - -..;;; R.1 , c:: R-1'ff R-1 R.1 . ~E~ 'v . " R[ ~lj L ~ en en en ~ ,J1 ~ en .... UJ ~ ::I: ~ OJHKOJH or~ THE WATER City of Oshkosh Department of Community Development 10/24/06 1" 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 affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. 2201 JACKSON ST OJHKOJH ON THE WATER Scale: 1" 150' City of Oshkosh Department of Community Development Created by - dff 02/06/07 17 Mr. Lang commented that he did not feel that changing a cunently conforming structure to a non- conforming structure is a good idea. Motion by Lang to approve the request for a variance to permit an attached garage with a 7 '2" side yard setback and a 23' rear yard setback. Seconded by Cornell. Motion denied 1-4. Ayes-Hentz. Nays-Carpenter/Cornell/Lang/Ruedinger II. 2201 JACKSON STREET Choice Bank-applicant, Tom Rusch-owner, request a variance to permit a sign with a setback of 12' on Jackson Street. Section 30-25 (B)(2) of the Oshkosh Municipal Code: C-2 General Commercial District of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. Mr. Muehrer presented the item and distributed photos of the subject site for review. Keith Pollnow, 2250 Spencer Court, president of Choice Bank, stated that they would have no problem complying with the staffs condition to have the base of the sign landscaped with low-level plantings. Mr. Lang inquired if the building was designed specifically for the bank and if construction was completed? He also asked if the sign was part of the construction plan? Mr. Pollnow replied that the building was designed for the bank and that it was 80% complete at this time. It was not their intention to place the sign within the setback area, however, the apartment building in the vicinity was more of an obstruction than planned. To place the sign with a 25' setback would obstruct the drive-through lanes for the bank. Mr. Buck added that the general contractors who would have developed the site plan do not usually handle sign permits. Mr. Carpenter inquired if the drive through lanes could be reduced from three lanes to two lanes? Mr. Buck responded that the drive through lanes had already been constructed. Mr. Cornell stated that he was concerned with safety issues relating to the height of the sign as this intersection has considerable pedestrian traffic of school children. A brief discussion followed regarding the utility box located on the site and other types of signs that could be used. Motion by Cornell to approve the request for a variance to permit a sign with a setback of 12' with the following condition:. (a) The sign base shall be landscaped with low-level plantings. Seconded by Lang. Motion denied 2-3. Ayes-Ruedinger/Hentz. Nays-Carpenter/Cornell/Lang. III. 556 WEST FIFTH AVENUE VVilliam Aubrey, AEC Architects-applicant, Carl'Sosnoski-owner, request a variance to permit an off- street parking area that is located within the required front yard and transitional side yard setbacks. Section 30-26 (B)(3) of the Oshkosh Municipal Code: Central Commercial District requires that lots sharing block frontage with residential districts provide a 25 foot front yard setback and Section 30-35 Board of Appeals Minutes 2 November 8,2006 18