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Home My WebLink AboutBoard of Appeals - Variance approved ~ \jjjl} OJHKOJH 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.ei.oshkosh.wi.us Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director Planning Services Division February 15,2007 Brian Wogernese. 460 N Main St Oshkosh, WI 54901 Re: S Koeller St vacant lot Dear Mr. W ogernese: On February 14, 2007 the Board of Appeals approved a varianqe to permit the creation of a shared access drive with a 0' side yard setback. 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. Todd Muehre Associate Planner/Zoning Administrator TM/kjg CC: Inspection Services Division, City Hall Andy Dumke, 2030 Menominee Dr. Oshkosh 54901 City of Oshkosh Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us Jackson R. Kinney Director Dept. of Community Development Darryn Bu rie h Direetor Planning Services Division BOARD OF APPEALS AGENDA FEBRUARY 14,2007 3:30 PM To Whom 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 APPROVAL OF JANUARY 10,2007 MINUTES 1. 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 W 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 at 3:30 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. With 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 of the 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 14,2007 ~, She was hoping to obtain approval ofthis sign option with a 10' setback as visibility of it would be compromised ifit were to be set back further from the street. 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 Witzel 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. Wilusz 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 if the 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. Wilusz 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. f:Ie 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 location that a new one could be erected in 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 Wogernese-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 W. 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 ordertolJufferadjacent residential properties. Brian W ogernese, 1103 W 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 of limiting 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. Wilusz 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. W 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. Wilusz 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 lostifthis 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/Corne ll/Lang/Wi l usz/H entz. 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/Wilusz 5-0. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 5 February 14,2007 ,.~~ ! STAFF REPORT BOARD OF APPEALS FEBRUARY 14, 2007 ITEM II: S. KOELLER STREET (VACANT LOT) GENERAL DESCRIPTION AND BACKGROUND "J3rian Wogernese-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. The subject 2.70 acre (approx. 118,000 sq. ft.) property is zoned C-2 General Commercial District and is in the Highway 41 Overlay District as well. The subject lot is the only remaining property not developed/vacant on S. Koeller Street between Witzel Avenue (north) and W.9th Avenue (south). The parcel is rectangular in shape and the general area can be characterized as a major commercial corridor. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area~ set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property, which create a hardship? Will granting of a variance result in harm to the public interest? The applicant is requesting a setback variance from the Zoning Code to allow the development of a shared access drive, which will be utilized by a proposed new hotel on the property owner's lot to the north and the Anchor Bank office complex to the south. The existing access drive curb cut utilized by the Anchor Bank property would be removed and re-located further north to be incorporated as part of a proposed shared drive easement between the two parcels. The new four-story/80 total room hotel will be sited in the north central portion of the parcel. In the future, the property owner plans on developing a 4,600 square ft. retail center in the western portion of the lot (closer to S. Koeller Street). The property owner's site plan indicates that the principal off-street parking area for the hotel will be located to the south with additional parking available to the west and east of the hotel. A similar off-street parking area arrangement for the future retail center is also proposed. Overall, the property owner anticipates 103 parking spaces will be required for the development when completed and they are providing 108 spaces. The applicant states nearby properties (and the general public) will benefit from increased green space and better traffic flow if only one curb cut continued onto S. Koeller St. instead of two , 1 STAFF REPORT ITEM II -2- BOARD OF APPEALS FEBRUARY 14, 2007 Staff agrees with the applicant that local traffic would be best served by establishing a shared access drive. Substantial traffic volumes already exist in the vicinity, as S. Koeller Street is a minor arterial serving the city's major commercial corridor. By continuing to utilize only one access drive, local traffic would be streamlined in a more efficient and less confusing manner. Additionally, although a traditional side yard setback is not provided at the property line, a setback (approximately 10' to 15') is provided along the proposed drive aisle and between proposed off-street parking areas that will provide area for landscaping. Staff also recognizes that providing the required off-street parking for the proposed development (as designed) would be practically difficult if code provisions were not varied. In fact, approximately 50% of the required parking spaces would be eliminated if a separate access drive-(complying with the 15' side yard setback requirement) were required for the proposed development. Overall, staff believes that the variance, if granted, would not present any additional harm to the public interest and would significantly improve local traffic safety. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance as request~d. 2 Please Tvpe or Print in BLACK INK ~ OIHI<OIH ON THE WATER Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, 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 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: ~oO\L de \ l e, 'S -\ r t.-eA Petitioner: &('IC:::;", \N o~ (> I V'\f"",e Petitioner's AddresSr,::-4G:,c) N, Mq~ n ~ \- ree-4- .1.1' I A ; Signature RequireceL~~:::r-~ki:"" !; y!~-'--'----- v' Home Phone: Owner (if not petitioner): 1'\ r.c1'i \')" """ k:e Owner's Address: 2..050 MV\orY'\;..,v ):)(~"t' Work Phone: (Ct?i>.) ~(:)"S- \ L)oZ- Date: /.. .,)9, c:? Home Phone: (?f20) 4--l~.11~6 Work Phone: Signature Required: cr.....) f)VN"\.'~ Date: /. ;;<";:;. 07 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, ifnecessary, to provide the information requested, Additional information may be requested as needed.) , 1. Explain your proposed plans and why you are requesting a variance: j:b" l:,' i"\Cj <\<! -1 hu (' k:.b be r e dJ-# (Ip c, 4 'S cv.-t. h (:;ort') is I do....-", 40 0 i . r /"00"/1'1 1.'I'\f' 3 2. Describe how the variance would not have an adverse effect on surrounding properties: Or. \\j ('')V''\e C'c....of h r4-\.- 0,", ~O -f. Hu <S-\-fee.t'" )l\Oft 9(ee,., ':'l)J::t.a ~j) 10\)1"/\." .. t e + ~ (>( t r c..:C'C\c.C l u\.V. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: -No ho\t h OA od~Q c.en1. ?ro~(~'le~- 4. Describe the hardship that would result if your variance were.not granted: ?("ov~6.~"'a a 'St?c CN"\& lL.tl"h Lc...t-l- OY\. t:o--e He,- ~ tv\cYf +rQCCc , '0(c>blt'(Yl~ ",-,'..-\-l..." c. ":;,(("C'jw',cOCl...dh (",,-,,4 Or"lt' d'v"J( ~ \/ I f~o('k,> ~{>+{.u ..}-hb.,,,, -1-'"'-'0 (,\iI:"'P~ ):)(~V( \A..,u,\;') \.A...OLtt tf; hi' ciA:y::.er +o~tJ-her CO<_A)I"l l"Y\o"'~ P(O~)tWl'> 4 BOA 400 S KOELLER ST 02-14-07 DEWEY HOMES INC 1941 BEECH ST OSHKOSH WI 54901 OSHKOSH SAVINGS& LOAN ASSN PO BOX 7933 MADISON WI 53707 7933 PRESSER DIETER S 1501 W 7TH AVE OSHKOSH WI 54902 JOHNSON SCOTT DIMARIA K 1750 W 5TH AVE E OSHKOSH WI 54902 LOSSE RANDY P 1723 CHESTNUT ST OSHKOSH WI 54901 RUDOLPH JAMES P 1752 W 5TH AVE C OSHKOSH WI 54902 5573 BRIAN WOGERNESE 460 N MAIN ST OSHKOSH WI 54901 MIDAS PROPERTIES INC 1300 ARLINGTON HEIGHTS RD ITASCA IL 60143 1274 MICHNO ROBERT J 385 LILAC ST OSHKOSH WI 54902 OSHKOSH SAVINGS& LOAN ASSN PO BOX 7933 MADISON WI 53707 7933 HAMMEN LORRAINE R 13126 WOLDEN RD RIPON WI 54971 97D1 SCHROEDER PAUL T 1750 W 5TH AVE F OSHKOSH WI 54902 5562 HODGE CARLA J 1752 W 5TH AVE A OSHKOSH WI 54902 5573. HAMMEN LORRAINE R 13126 WOLDEN RD RIPON WI 54971 9701 ANDY DUMKE 2030 MENOMINEE DR OSHKOSH WI 54901 RIVER VALLEY ONE LLCIL 0 ENGELMAN LLC 601 OREGON ST A OSHKOSH WI 54902 HOHENWALTER JILL E 403 LILAC ST OSHKOSH WI 54902 5521 KURKOWSKI LIFE EST PATRICIA B 1750 W 5TH AVE A OSHKOSH WI 54902 5562 PESCH LEE CISUSAN M 200 N MEADOW ST OSHKOSH WI 54902 4242 HAMMEN MARTIN L 13126 WOLDEN RD RIPON WI 54971 0000 MENAKEM RESMAA 1752 W 5TH AVE B OSHKOSH WI 54902 LANDMARK LIMITED PARTNERSHIP III PO BOX 2366 OSHKOSH WI 54903 2366 5 ~- 0894 ~ - SI Ho ~C1 ;::r: ~:=3 "Il"J C1 0-3 c::: ~ ~ ". ------~-- I U CI.l ~ l::l 'U ~ C1 o is: "':l o ~ CI.l c::: ~ CI.l ~ ~~ i!i m+l II ~ ~ ~" a~ " ~:: ~ :l 0 0," > ~ -<0 "'0 '" g? 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COMFORT SUITES =::.:-=---=-- KoeIllr Slnlet ~ooh, .............. 6()';If)L~]) ""8\/ p,Vp"tCAN\ 6 0 0 z z :::::> :::::> f- a a co co Ci) I I ~ Z f- f- Ci) :::::> a: a: a a a: :::::> co Ci) z W J: ..- ..- ....J -.;:j" -.;:j" ....J Ci) W <( >- >- a S S S ~ I I Ci) CI) Ci) Ci) :::::> :::::> n HiH'n ~:H:F.jH ill! d i!l[ililt!i ii f~~lli'~~ ',0 '1 f:j. I ~I 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 sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. 8 Koeller 8t between 350 and 420 DISCLAIMER OJHKO.fH Scale: 1" = 200 ON THE WATER City of Oshkosh Department of Community Development Created by - kjg February 5, 2007 7 K:Ji-UJ. 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J K.) .- , 10C - ~L J - g:- ~~ L ~ '?1-1 ~ ~ J -2PJ 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. SKoeller St between 350 and 420 DISCLAIMER OJHKOfH ON THE WATER Scale: 1" = 600' City of Oshkosh Department of Community Development Created by - kjg February 5, 2007 8 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. S. KOELLER 8T (VACANT LOT) OJHKOJH ON THE WATER Scale: 1" 300' City of Oshkosh Department of Community Development Created by - dff 02/06/07 s