HomeMy WebLinkAboutMinutes - 9/27/1995
BOARD OF ZONING APPEALS MINUTES
SEPTEMBER 27, 1995
PRESENT: Fred Dahl, Joyce Goers, Randy Husman, Don Krueger, Reinhard Roehlig, John Schorse
STAFF: Bruce Roskom, Principal Planner; Patricia Wendorf, Recording Secretary
Chairman Krueger called the meeting to order. Roll call was taken and a quorum declared present. .
Motion by Schorse for approval of the September 13, 1995 minutes as distributed; Seconded by Roehlig.
Motion carried 5-0.
Chairman Krueger stated that 4 affirmative votes are required to approve a variance; if 3 affirmative votes, the
item will be laid over; less than 3 affirmative votes, the item is denied. He also explained the process for
obtaining buildi rmits, if the variance is approved, or the appeal process, if the variance is denied.
Ja , ner/applicant, requests a variance for a wall sign which exceeds 10% of the wall area of the
building; whereas Section 30-33(E)(2)(d) Wall. Projecting and Roof Sign Areas Permitted of the City of Oshkosh
Zoning Ordinance permits a maximum of 10% of a wall area which can be utilized for wall signage.
Jack Klein, owner of Fox Valley Cellular, 144 High Avenue, gave a brief history of the property in question and
reiterated the variance request. He stated he had received positive responses from adjacent property owners
as to the painted wall. He also stated several letters to the Editor of the Oshkosh Northwestern were of a
positive nature. When he contacted the City for a permit, he was under the impression that he was allowed
30% for signage, but has since learned that it is only 10% for the wall signage. Being a new property owner in
Oshkosh, he was not aware of the restrictions. He reiterated the hardship is for the youth not being able to do
things in a positive manner. Several businessmen have come into his store to inquire who painted the mural
because they wanted to do the same thing to their businesses. He inquired if 10% of the wall could be for
advertising of Fox Valley Cellular and the remainder of the wall painted as a mural.
Mr. Roskom stated the Board can't react to anything other than the specific request.
Chairman Krueger stated the Board can only treat this matter as a sign - not as a mural or artistic work. The
sign issue is what is in violation of the Zoning Ordinance.
Mr. Klein inquired if it didn't promote the business name, would it still be a sign.
Mr. Roskom stated it would because it is drawing attention to the use - it doesn't specifically have to have the
name of the business on it.
Mr. Klein inquired what if it had decorative brick in a design when you build a building.
Mr. Roskom stated that's part of the architectural structure - something that is painted, that meets the definition
of a sign which is different. Decorative brick doesn't form letters of the business.
Thomas Brinkman, owner of 132/136/140 High Avenue, inquired if staff had received any correspondence or
comments from adjacent neighbors and Mr. Roskom stated they have not.
Mr. Brinkman stated he is a customer of Mr. Klein's and a personal friend, but was in opposition of the variance
request. His building is next door and noted it is on the Register of Historic Places and he feels the mural is
out of character with the neighborhood, and that it detracts from the historic aspect of his building.
BOARD OF ZONING APPEALS MINUTES
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SEPTEMBER 27, 1995
Mr. Schorse stated he felt this was a unique situation. When he first saw it, he didn't think it was a sign, he
considered it a mural.
Mr. Roehlig stated that while it is attractive and well done, if done to other businesses in the neighborhood, it
would become a "cluttered" mess.
Motion by Roehlig for approval of a variance for a wall sign which exceeds 10% of the wall area
of the building. Seconded by Schorse. Motion deni'ed1-4 (AYES: Schorse; /VA YS: Dahl,
Husman, Roehlig, Krueger).
As to the Findings of Fact, Mr. Roehlig stated the hardship is basically self-created and there are other options
available for signage to meet the requirements. The wall signage would create a detrimental impact on the
neighborhood. Chairman Krueger added that on the testimony provided, there are historic buildings and such
in the immediate neighborhood that would be negatively affected.
There being no further business, the meeting adjourned at 4:00 P.M.
Respectfully,
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BRUCE A. ROSKOM
Principal Planner
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