HomeMy WebLinkAboutLetter-Board of Appeals 7-16-07 (variance approved)
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OJHKOfH
ON THE WA1ER
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.wi.us
Jackson R. Kinney
Director
Dept. of Community Development
Darryn Burich
Director
Planning Services Division
July 16,2007
Mr. Kurt Koeppler
40 W 6th Ave
Oshkosh WI 54902
RE: 501-519 E Parkway Ave & 526-578 Broad 8t
Dear Mr. Koeppler:
On July 11, 2007 the Board of Appeals approved a variance to permit the placement of a baseball
backstop within a required transitional yard setback, to construct a 6' high fence in the front yard
setback, and to construct 10' high fences in the side yard and rear yard setbacks with the following
conditions:
a. All individual parcels encompassed on the site plan are combined;
b. Property is tezoned to make the zoning designation consistent with use;
c. Applicant/owner must submit a rezoning application. Work may commence
immediately upon submission of application. However, application and
variance becomes null and void if conditions a. and b. are not met.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on July 12, 2007. Per Section 30-6(C)(3) and (4) of the City of Oshkosh
Zoning Ordinance, your variance will expire on January 12, 2008 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.
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CC. Boys & Girls Club, 501 E Parkway Ave, Oshkosh, WI 54901
Inspection Services Division, City Hall
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OJHKOJH
ON THE WATER
City of Osh kosh
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 Burich
Director
Planning Services Division
BOARD OF APPEALS AGENDA
JULY 11,2007
3:30 PM
To Whom It May Concern:
Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JULY 11,2007 at 3:30
PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL AND DECLARATION OF A QUORUM
APPROV AL OF JUNE 13, 2007 MINUTES
HEARING OF NEW APPEALS AND APPLICATIONS
L..f: 3121 Elk Ridge Drive
Tom Halverson-applicant, Briarwood of Hunters Ridge LLC-owner, request a variance to permit the creation
of a new refuse disposal area located in the front yard with a 28.4' setback. Section 30-20 (B)(6)(g)(ii)(bb)
of the Oshkosh Municipal Code: R-3 Multiple Dwelling District requires accessory structures to have a front
yard setback of 60' minimum.
II. 143 Church Avenue (WITHDRA WN)
Scott & Nicole Brayton-applicant/owner, requests a variance to permit the creation of a 1.5 story detached
garage. Section 30-22 (B)(6)(b)(i) of the Oshkosh Municipal Code: R-5 Multiple Dwelling District requires
one story maximum.
III. 1059 Bismarck Avenue
Julie Pettit-Koch-applicant/owner, requests a variance to permit the creation of an attached patio with a rear
yard setback of 14'. Section 30-19 (B)(3)( d) of the Oshkosh Municipal Code: R-2 Two FamHy Residence
District requires a 25' rear yard setback.
IV. '1854 Cliffview Court
Richard & Susan Anderson-applicants/owners, request a variance to permit the creation of a utility storage
structure with a side yard setback of 3.5'. Section 30-17 (B)(4)(c)(iv) of the Oshkosh Municipal Code: R-1
Single Family Residence District reqllires a side yard setback of7.5'.
V. 501-519 E. Parkway Avenue & 526-578 Broad Street
Kurt Koeppler-applicant, Boys and Girls Club of Oshkosh Inc.-owner, request variances to permit the
placement of a baseball backstop within a required transitional yard setback, to construct a 6' high fence in
the front yard setback, and to construct 10' high fences in the side yard and rear yard setbacks. Section 30-
35(B)(1) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires less restrictive uses
abutting more restrictive uses to provide a transitional buffer yard area between them and requires the
deepest yard setback on mixed zoning blocks. Also, Section 30-35 (E) of the Oshkosh Municipal Code:
Additional Standards and Exceptions limits fence height to 4'in required front yards and 6' high in other
required setbacks.
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ST AFF REPORT
BOARD OF APPEALS
JULY 11,2007
ITEM V: 501-519 E. PARKWAY AVENUE & 526-578 BROAD STREET
GENERAL DESCRIPTION AND BACKGROUND
Kurt Koeppler-applicant, Boys and Girls Club of Oshkosh Inc.-owner, request variances
to permit the placement of a baseball backstop within a required transitional yard setback,
to construct a6' high fence in the front yard setback, and to construct 10' high fences in
the side yard and rear yard setbacks. Section 30-35(B)(l) of the Oshkosh Municipal
Code: Additional Standards and Exceptions requires less restrictive uses abutting more
restrictive uses to provide a transitional buffer yard area between them and requires the
deepest yard setback on mixed zoning blocks. Also, Section 30-35 (E) of the Oshkosh
Municipal Code: Additional Standards and Exceptions limits fence height to 4'in
required front yards and 6' high in other required setbacks.
The subject 2.7-acre site is made up of 3 different zoning districts including C-1
Neighborhood Business District, R-2 Two Family Residence District and M-2 Central
Industrial District. It is currently developed with buildings used for the Boys and Girls
Club and for Headstart. Broad Street borders the parcel on the west, East Parkway
A venue on the north, single-family homes to the east, and a two family home to the
south. The general area can be characterized as a low-density residential.
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, setbacks, 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?
Board Members may recall similar requests being rnade at a previous Board of Appeals
meeting on March 22, 2006 (see attached minutes). At that meeting, the Boys and Girls
Club was granted variances to permit the placement of playground equipment and a
dumpster enclosure within the required setbacks, to construct a 6' fence within the front
yard setback and to construct a 10' fence in the rear yard setback with the following two
conditions: I) The design of the dumpster enclosure be reviewed and approved by staff
and that vegetation be placed between the enclosure and the neighboring lots. 2) A
backstop is installed at home plate of the ball field.
Since that meeting, the Boys and Girls Club has developed their original proposed
building additions, playground equipment, and the dumpster enclosure that was approved
by the Board of Appeals. However, the proposed relocated baseball field development
has not occurred to date, nor has the variance approved fence construction. The approved
variances received at the March 22, 2006 have now expired and require another submittal
for approval.
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STAFF REPORT
ITEM V
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BOARD OF APPEALS
JULY 11, 2007
The most significant change since the original hearing is an additional parcel
(approximately 58'x166') has been added to the .master plan limits, thus the project is
expanding further south. This expansion is problematic in that the zoning designation of
the primary lot is M-2 Central Industrial District and the zoning designation of the
residential parcel added to the site is R-2 Two Family Residence District. These zoning
categories inhibit the ability of the property owner to combine the parcel and therefore
require setbacks from property lines as well as conditional use permit approval to
establish the use of a community center on a residentially zoned lot. The multiple zoning
designations of the collective Boys and Girls Club property must therefore be changed to
match so that the lands can be combined and the use established. Additionally, two other
changes have been made from the original request. The first is the applicant is requesting
to construct a 10' high chai'n link fence along the entire south property line instead of a 6'
high, and a 6' high fence is being requested in the front yard setback along Broad Street
instead of a 4' high fence.
The applicant is requesting two of the same variances that were approved at the March
22, 2006 meeting (i.e. to construct a 10' high fence along the east property line/rear yard
setback and to construct a backstop at home plate of the ball field) as well.
According to the applicant, the new 10' and 6' high fence requests are needed to prevent
baseballs from going into neighboring properties and to keep children from going into
those same properties to retrieve displaced baseballs, etc. Chain link fencing is being
proposed to limit dark/obscure conditions both on and off site.
The applicant feels a hardship will ensue if the variances are not granted because children
will be constantly intruding into neighboring yards and/or the street to retrieve balls,
which could pose significant safety issues.
Staff recognizes the subject property as having some unique circumstances surrounding
it. Specifically, the built central city environment is juxtaposed by the recreational/open
use of the baseball facility. Since the primary users of the facility will be youths, safety
is paramount. The possibility of property damage from errant baseballs is also present
and should be addressed. Therefore, staff believes as long as chain link fencing is used to
keep sightlines as open as possible and to eliminate dark or hidden areas on the property,
both safety issues and property damage issues should be limited with the current
proposal.
RECOMMENDATION
Based on the information provided within this report, staff recommends approval of the
variances requested with the following conditions:
I) All individual parcels encompassed on the site plan are combined.
2) Property is rezoned to make the zoning designation consistent with the use.
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BOARD OF APPEALS MINUTES
MARCH 22, 2006
pRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Edward Wilusz, and Chairperson
Cheryl Hentz
EXCUSED: Larry Lang, and Moss Ruedinger
STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary
The meeting was called to order by Chairperson Hentz.' Roll call was taken and a quorum
declared present.
Motion by Mr. Cornell for approval of the March 8, 2006 meeting minutes, seconded by Mr.
Wilusz. Motion carried 5-0.
I: 501-519 EAST PARKWAY AVE & 526-578 BROAD STREET Bo s & Girls Club of
Oshkoshl
ABC ArchitectslEngineers-applicant, Marc Dosogne, Boys and Girls Club Oshkosh LLC-
owners, request a variance to permit the placement of playground equipment and a dumpster
enclosure within the required setbacks, to construct a 6 foot fence within the front yard setback
and to construct a 10 foot fence in the rear yard setback. Section 30-35 (E) of the Oshkosh
Municipal Code: Additional Standards and Exceptions limits fence height to 4 foot high in
required front yards and 6 foot high in other required setbacks. Section 30-35 (B}(l) of the
Oshkosh Municipal Code: Additional Standards and Exceptions requires less restrictive uses
abutting more restrictive uses to provide a transitional buffer yard area between them and
requires the deepest front yard setback on mixed zoning blocks.
Mr. Cornell asked to discuss each item separately
Mr. Buck introduced items r & 2 (fencing) and passed around colored pictures.
Bill Aubrey, Project Manager ABC Architects Engineers- applicant, 5703 Cty Rd A
Mr. Aubrey stated the fence on Broad St. is currently a 4 ft. fence and they plan on keeping the
same height. A 4 ft. fence along the playground area of East Parkway is too low and is unsafe
for the children, that's why they are proposing a 6 ft. fence in that area. The owners are
purchasing the lot adjacent to the Soutb and would like to move the ball field and extend the
fence. The 10 ft. fence currently runs a good distance between the two properties.
Mr. Wilusz asked if any thought was given to install a more substantial backstop at the ball field.
Mr. Aubrey stated they would like to install a full backstop with an angled top, which would be
higher than 10 ft. Mr. Carpenter asked ifthe fence is going to have an angled top. Mr. Aubrey
stated it would be straight up.
Mr. Carpenter stated Mr. Aubrey made a wonderful sales point about having more offenders in
the area and for the safety ofthe kids a 6 ft. fence would be better than a 4ft.
Mr. Buck introduced item 3 (dumpster). Mr. Buck stated there is a 25 ft. transitional setback in
that area and the dumpster is proposed in that area to maximize parking on the site. To minimize
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Board of Appeals Minutes
March 22, 2006
-2-
any impact the applicant proposed to screen the dumpster with an enclosure made out of
masonry. Mr. Buck stated he felt the design of the dumpster enclosure should be reviewed and
approved by staff and that vegetation should be placed between the enclosure and the
neighboring lots.
Mr. Aubrey stated their current dumpster is located by the current garage location, which is
located by the proposed playground. They would like to minimize the amount of traffic conflict
with vehicles and children to ensure of the children's safety. By placing the playground to that
location the children will be better monitored.
Mr. Penney asked where the access would be for the dumpster. Mr. Buck stated the access
would be off Broad St. Mr. Pe1Uley asked if there was any danger to kids through that path. Mr.
Buck stated the railroad tracks are across Broad St. and the only thing located to the South ofthe
parking lot is' the ball field.
Mr. Buck introduced item 4 (Playground equipment). Mr. Buck stated the applicant states the
equipment is optimal in location as it is a quick easy route for the children ofthe Boys and Girls
Club and the Headstart program.
Mr. Aubrey stated they could fit the playground equipment within the setback areas; however it
would be more compacted than they wanted, they wanted the children to have more room to
move from equipment to equipment.
Mr. Cornell asked what separates the playground equipment from the parking lot. Mr. Aubrey
stated there is a 4 ft. fence there. Mr. Aubrey also stated they are adding a 4 ft. fence with a gate
gg,ing from the building to the playground equipment. Any vehicle traffic going to the garage
will have to get out of the vehicle to open the gate, which means they will have to stop and be
aWare <?fthe surroundings and the children.
Kurt Koeppler, Board President Boys and Girls Club, 1726 Rivermill Rd
Mr. Koeppler stated he knows 4 variances are a lot to ask for, however he is asking for support
on this. They have done a lot of homework on this plan, they worked very hard to ensure the
safety, entertainment, and education issues have been met. They can't move to another location,
since this is where the kids are. The only means of transportation for a lot of these kids is either
by walking or riding their bicycles, therefore they need to be in the area they are in. They
currently have a membership of over 2,000 children.
Mr. Cornell asked if this were denied, would it be very detrimental to the future of their
operation for anything else they wanted to do or affect the expansion. Mr. Koeppler replied there
is no question on what it would limit, the amount of kids they could serve. Right now it's hard to
get teens to come there withouttheir own facility. There is no place for those kids to go and be
supervised, also there is more to the facility than just entertainment they have computer labs,
structure, homework studies.
Ms. Hentz asked Mr. Aubrey in their addendum to the application it states they currently have a
backstop within the setback, is that the same backstop Mr. Wilusz is talking about or is that a
different backstop. Mr. Aubrey stated they would like to install a more traditional backstop.
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Board of Appeals Minutes
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March 22,2006
Motion by Cornell for approval of a variance to permit the placement of playground
equipment and a dumpster enclosure within the required setbacks, to construct a 6
foot fence within the front yard setback and to construct a 10 foot fence in the rear
yard setback with stafPs recommendation:
1 The design of the dumpster enclosure be reviewed and approved by staff and
that vegetation be placed between the enclosure and the neighboring lots.
2 A backstop is installed at home plate of the ball field.
Seconded by Carpenter. Motion carried 4-0-1, Mr. Penney abstained from voting.
Finding of Facts:
Mr. Wilusz stated this is clearly in the public interest, no adverse impact to
the neighboring property owners, and unique physical limitations for this
type of facility in the central part of the city. Strict compliance would
pose unnecessary hardship. Ms. Hentz stated ifthis was denied, it could
potentially result in harm to the public interest, this is a great place for the
kids that might not otherwise have any other place to go. Mr. Cornell
stated there was no harm to the neighboring property owners from the way
it is fenced in and controlled.
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Steven t, applicant, University of Wisconsin-Oshkosh, owner, request avariance to permit
the insta1lati of light poles and fixtures varying from 50 to 80 feet tall on the baseball and
softball fields ot~e Oshkosh Sports COJI.1plex. Section 30-22 (B)(5) ofthe Oshkosh cipal
Code: R-5 Multiple' welling District limits structures to a maximum of 45 feet in ,ght.
,
Mr. Buck introduced the i m,~'passed around color pictures and s~ated a ," -
meeting was held on 3/20/06 f' rding the Oshkosh Sports Comple /
Tom Sonnleitner, Vice Chancellor fo
Mr. Sonnleitner stated Musco Lighting Inc., \,po is.'f~.rgest most respected lighting company
in the United States, is installing these lights. """do about 75% ofthe lighting fixtures in this
country. The Light Structure Green is a ne) fod 1 that reduces spillage and maintains light
focus on the field. If they weren't able t~t the vari~~e they would be eliminated from the
NCAA Division 3 regional baseball." e university did"{ight meter study around the area; it
shows 54 foot candles ~n the ed,oftheir fi~ld, stepp.in.g ori~1he track the reading was down to
10.4 foot candles, movmg ac ,-' s to the practIce field It IS dowD:1" 0.5 foot candles. They also
took the light levels on T, Ave. and found regular streetlights re t 0.7 down to O.1foot
candles. The Univers'.'is prepared to perform the following during >nts: ask that music is not
played during pra,"es, turning off some of the lights during cleaning of' . e facility after the
games and inst.,lng mature trees along the practice field.
Mr. Pe ...y asked ifthere is a requirement by Division 3 that light fixtures have to ,e a certain
_<,"Mr. Sonnleitner said there is n~ height requirement; the' problem is that ~fth~~~hts on
aseball field were placed at 45 ft. It would be unsafe to play under. Mr. Wllusz waRted to
clarify that they could put the lights at 45 ft b;t the University wouldn't put them at 45ft.,
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OIHKO.fH
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 reprod ucible site plan (maxim urn 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:
501-519 E. Parkway Ave. & 526-578 Broad st.
Petitioner:
Kurt Koeppler
Home Phone:
NIA
Petitioner's Address:
40 W. 6th Ave.
Work Phone: 920-426-1973
Signature Required:
Date:
6/22/07
Owner (if not petitioner): Boys & Girls Club
Home Phone:
N/A
Owner's Address: 501 E. Parkway Ave. Work Phone: 920-233-1414 Ext. 1:
SignafureRequired: . ~L~ . Date: 6[22/07
In order to be granted a variance, each appli ant must be able to prove that an unnecessary hardship would be created if
the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet
provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information
requested. Additional information may be requested as needed.)
1. Explain your proposed plans and why you are requesting a yariance:
We are requesting a variance to allow a 10' high fence within the rear
yard setback and a backstop to be install~~ at homp platp of the ball
field.
We are also requ~stjng t.o Clonstrlll'!t a h' fpn("e within the front yard
setback and a 10' fence within the sideyard setback.
SUBMIITED BY APPUCANT
7
2. Describe how the variance would not have an adverse effect on surrounding properties:
T~e 1n' nign fpnr.p nnn n 6' high fence will be beneficial rather than
having an adverse effect on the surrounding properties. They will
--Limit tnp holl~ from going into the neighboring properties and likewise,
tnpy will kppp the children from going into the neiqhboring properties
to retrieue tne boll~
Tnp locntion of the fence positions the balls
away from tnp npignhoring properties. Also, the fence will be
~nain-link, ~o it will not create dark areas or excessive shade on the
neighborinq properties.
3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures:
011r lot is zoned differently and has a different use tpan the surrounding
propprrip~
Tne lots adj~("E'nt to Ol1r pt"opeT'ty are residential
4. Describe the hardship that would result if your variance were not granted:
Not allowinq a variance for the hiqher fences will certainly have a
negative effect on the neiqhborhood. The children will play baseball
whether there iR a fence or not. The neighboTR will most likely have
balls and children trying to retrieve them on their property. There
is also a safety issue with the balls entering the street area and
the chilnren following them.
JBMITIED BY APPLICANT
8
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purposes only. The City of Oshkosh is not re.
sponsible for Ilny inllccunlcies herein contained.
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City of Oshkosh.
501-519 E Parkway Ave & 526-578 Broad St
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s. Anderson explained that they are in the process of moving into the Cliffview Ct. location. All ite e
not new home, e.g. snow blower, wheelbarrow. She also mentioned her husband has issues
that make 1 . lCult for him to deal with removing larger items that would need to b g if there were no
additional space.
Finding of Facts:
The property is unique
It will not crea ardship on the neighbors.
It will i ve the property.
e least variance needed.
V. 501-519 E PARKWAY AVE & 526-578 BROAD ST
Kurt Koeppler-applicant, Boys and Girls Club of Oshkosh Inc.-owner, request variances to permit the
placement of a baseball backstop within a required transitional yard setback, to construct a 6' high fence in
the front yard setback, and to construct 10' high fences in the side yard and rear yard setbacks. Section 30-
35(B)(1) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires less restrictive uses
abutting more restrictive uses to provide a transitional buffer yard area between them and requires the
deepest yard setback on mixed zoning blocks. Also, Section 30-35 (E) of the Oshkosh Municipal Code:
Additional Standards and Exceptions limits fence height to 4'in required front yards and 6' high in other
required setbacks.
The subject 2.7-acre site is made up of3 different zoning districts including C-l Neighborhood Business
District, R-2 Two Family Residence District and M-2 Central Industrial District. It is currently developed
with buildings used for the Boys and Girls Club and for Headstart. Broad Street borders the parcel on the
west, East Parkway Avenue on the north, single-family homes to the east, and a two family home to the
south. The general area can be characterized as a low-density residential.
Mr. Muehrer presented the item. Included in the staffrecommendation are the following conditions:
a. All individual parcels encompassed on the site plan are combined, and
b. Property is rezoned to make the zoning designation consistent with the use.
Ms. Hentz asked staff how the property gets rezoned.
Mr. Muehrer said it goes in front of the Plan Commission and then in front of the Common Council.
Ms. Hentz commented that no work could be done then until the rezoning was completed.
Mr. Cornell asked what the zoning designation would be.
Mr. Muehrer said they could go to R-2 or C-2.. It would be a matter of staff meeting with the applicant to
determine what would be appropriate.
Mr. Kurt Koeppler, 1726 River Mill Rd, Oshkosh, petitioner and Mr. Marc Dosogne, CEO Boys & Girls
Club of Oshkosh, 501 E Parkway Ave, were present to answer questions.
Board of Appeals Minutes
5
July 11, 2007
'-
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Mr. :K'beppler~xplained that acquiring the property to the south took longer than expected and therefore t1W
time expired on the previously approved variance. He went on to explain the primary reason for tl}s change
in the variance request from tbe previous request is for the 10' high chain link fence. The Tr~ilsEnd Bar
will be the neighbor to the south. ltis.?- bar that serves liquor and the higher fence wouJd'pPovide safety for
the children. The bar has a horseshoe pit behin~it as well and they didn't want a problem with balls
potentially going over a shorter fence causing problems. The change on,,,,aroad St from a 4' high fence to a
6' high fence in the front yard setback is for several reasons. A 4..~ high!enCe would be too easy for children
to climb over to chase after a ball. Although staffis always present, it's possible they would not be able to
get to a child before they got over a shorter fence. .,Th~tr6' high fence aIso would prevent anyone from being
able to reach over and snatch a child. <.cc ""....<.<
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Mr. Koeppler aS~~~Jb.at the staff reconsider their requirement that the lots be combined befClrethey begin
the projest.~Thi's\~as not required in the past. He said they would be more than willing to sign an affidavit
th~t.be;rezoning'wiltt5edoneor whatever the. CityWPlll~l.!1~~djJJ,qrderJQr the.m.t9.m.()9.~~cl prior to the"-. <,<
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approval. He voiced concern that the rezoning application requires two readings for the Plan Cornrilissiori . .
and then is subject to two readings by the Common Council. He requested that they be granted an exception
in regard to the rezoning process so that they could begin the project, specifically as time is a factor in
getting grass established. If grass cannot be started until spring of '08 it will render the ball diamond useless
for the year as it takes that long for grass to be established. This would necessitate going off site to a public
ball diamond requiring additional expenses for transportation. He said for every dollar spent on gas it is one
less dollar spent to clothe or feed a child. Mr. Koeppler questioned if it was possible to remove the
recommendation or give them leeway so they could move forward with the project. He further stated that
there is legal work that needs to be done in advance of presenting it to the Plan Commission. The Boys and
Girls Club has done the same thing in the past per request by planning because they've had so many different
parcels combined due to expansion.
Ms. Hentz asked Mr. Koeppler if the only condition he has concerns with was the first one, requiring
combination of the parcels.
Mr. Koeppler said he did not completely understand which condition would be the main concern. He would
like to be able to proceed with the project as quickly as possible, whatever that might require.
Ms. Hentz asked if he wanted to proceed before the parcels are combined.
Mr. Koeppler said yes.
Ms. Hentz asked staff what the reasoning was behind the first condition.
Mr. Muehrer said it was to make the properties as consistent and clean as possible.
Mr. Muehrer offered to confer with Mr. Darryn Burich, Director of Planning Services to see if he could get
an answer to Mr. Koeppler's request.
Ms. Hentz asked staff what would happen if the condition was not required prior to proceeding and an
affidavit was signed by the Boys & Girls Club indicating they would have the parcels combined and then
something happened where it did not occur. Is it possible it would not be approved to combine the parcels?
Mr. Muehrer said it was not a concern.
Board of Appeals Minutes
6
July 11,2007
c
Mr. Muehrer then left the meeting to relay the request to Mr. Burich.
Mr. Cornell commented that the request is no different than what was submitted a year ago except for the
height of the fence.
Mr. Koeppler confirmed that was correct. He presented a layout showing the properties and where the
fences would be. The previous request was for a 6' high fence and was approved.
Ms. Hentz asked if the 10 ft. fence would have a sloped top.
Mr. Koeppler said no. The 6' high fence would have ,a protective top, depending upon recommendations
from the people providing the equipment. It will also take care of safety issues.
Mr. Cornell voiced his understanding that the new fences would be on the south and west side of the
property .
Mr. Koeppler said yes. There already is a fence on the east side.
Mr. Muehrer returned to the meeting and conveyed Mr. Burich's recommendation that the applicant submit
the application to combine the properties and secure the rezoning and then could proceed with the work. Mr.
Burich was not comfortable with removing the condition completely as it could tie the City's hands from
doing anything if the application wasn't filed.
Ms. Hentz then asked if they pull an application to do the work could they drop the first condition?
Mr. Muehrer said no. The first two conditions would need to stay in place. They would essentially need to
corne in and submit the application for rezoning.
Mr. Koeppler asked ifthey apply for the rezoning does that also accomplish the first condition?
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Mt.:'fIen~"stated that this still did not solve the issue of them beginning work prior to the approval ofth~ir .,,,,,' .
application. Then~ would still be the delay for approval and they would lose one season of basebalL' '
Mr. Muehrer clarified that as long as they are pursuing the rezoning it is okay forthem to go ahead.
Ms. Hentz voiced confusion because Mr. Muerher's priginal statement indicated they would need to
complete the process of approval before they could proceed with the proj ect.
Mr. Muehrer said Mr. Burich indicated that would not have to be the case. It would be a conditional
approval and they could proceed with the project as soon as the application waifiled. ,
Mr. Cornell asked ifit was necessary to amend the first condition or would it be a third condiilon.
Mr. :rvwehrer said they could add a third condition.
Board of Appeals Minutes
7
July 11, 2007
Mr. Cornell said he thought it important that the 3rd condition make it clear that the applicant can proceed
with the project.
After brief discussion it was determined that the 3rd condition would be as follows:
c. Applicant/owner must submit a rezoning application prior to construction of work. Work may
commence immediately upon submission of the application. However, application and variance
becomes null and void if conditions a and b are not met.
Mr. Koeppler asked if an Occupancy Permit would be required. If it were then that would take care checking
that all was done.
Mr. Muehrer said Mr. Allyn Danhoff, Director ofInspections would be the one to answer that question for
sure. The general consensus of the board was that one would not be needed.
Mr. Penney said he will be abstaining from the vote because his wife is the Administrative Assistant at the
Boys and Girls Club and he did not want there to be any perception of impropriety.
Ms. Hentz moved to approve the request with the three conditions.
Seconded by Mr. Cornell.
Mr. Penney abstained due to conflict of interest. He explained that his wife works for the Boys &
Girls Club.
Motion approved 2-0 Ayes-Cornell/Hentz. Nays-None.
Findings of Fact:
The higher fences will provide safety for the children.
The neighboring bar is being taken into consideration.
The project will remove property that is in deplorable condition.
-6YI....r.K 'Ou~l1~.r.&~
en z egan ot er usmess WIt t e discussion regarding the name of the board. e
name hanged from Board of Zoning Appeals to Board of Appeals 3 to 4 years ago because mgs
not related to variance requests. Ms. Hentz voiced concern that the titl not consistent
throughout city docum nd requested that staff be responsible for ch e title in the Municipal
Codes where it is sti11listed a rd of Zoning Appeals. She su that this would need to be done
through the City Council.
for final approval. She did
recommended by Mr.
Ms. Hen entioned that they have not received clarification regarding Article 8."renden cision within
30 from a hearing." She indicated that she thought this referred to when there was a hearing
pply to zoning requests. She indicated she still wanted clarification on this article.
Board of Appeals Minutes
8
July 11, 2007