HomeMy WebLinkAboutLetter-Variance approved w/condition
ON U1EWATtA
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.ci.oshkosh.wi.us
Jackson R. Kinney
Director
Dept. of Community Development
e
OJHKOJH
DaiTyn Burich
Director
Planning Services Division
August 23,2007
Mr. Thomas Donovan
1025 W 5th Avenue
Oshkosh, WI 54902
Re: 505 Knapp Street
Dear Mr. Donovan:
On August 22, 2007 the Board of Appeals approved a variance to construct a double-sided
illuminated ground sign with a 5' front yard setback along Knapp Street with the following condition:
a. The base of the sign shall be landscaped with low-level plantings.
On August 22, 2007 the Board of Appeals denied the sign area variance request.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on August 22, 2007. Per Section 30-6(C)(3) and (4) of the City of
Oshkosh Zoning Ordinance, your variance will expire on February 22, 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 a.p.d information necessary for
review when obtaining your building permit. .
If you have any questions, feel free to call me at (920) 236-5057.
Res~J/L! /7. _.......
I'-/V~
Todd Muehrer
Associate Planner/Zoning Administrator
TM/kjg
CC: Inspection Services Division, City Hall
.. City of Oshkosh
<l;#ltIsw' Planning Services Division
OJHKOJH 215 Church Ave., PO Box 1130
Oshkosh, WI 54903-1130
(920) 236-5059 (920) 236-5053 FAX
http://www.cLoshkosh.wi.us
Jackson R. Kinney
Director
Dept. of Community Development
Darryn Burich
Director
Planning Services Division
BOARD OF APPEALS AGENDA
AUGUST 22, 2007
3:30 PM
To Whom It May Concern:
Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 22, 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
HEARING OF NEW APPEALS AND APPLICATIONS
1. 505 Knapp Street
John Beck-applicant, Sacred Heart Church-owner, requests variances to permit the placement of a ground
sign within the required front yard setback and to exceed the permitted sign area in a residential district.
Section 30-19 (B)(2)(c) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires a 25'
minimum front yard setback. Also, Section 30-37 (F)(1)(c) of the Oshkosh Municipal Code: Sign
Regulations limits institutional bulletin board signs to 24 square feet in area.
DISCUSSION OF BOA PROCEDURES
ADJOURNMENT
IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT
(920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY
;.,~
BOARD OF APPEALS MINUTES
AUGUST 22, 2007
PRESENT:
Robert Cornell, Dennis Penney, Edwa,rd Wilusz, Mark Nielsen (arrived late) Cheryl
Hentz
EXCUSED:
Moss Ruedinger
STAFF:
Todd Muehrer, Associate Planner/Zoning Administrator;
Karin Gehrke, Recording Secretary
Chairperson Hentz called the meeting to order at 3:35 p.m. Roll call was taken and a quorum declared
present.
I. 505 KNAPP STREET
John Beck-applicant, Sacred Heart Church-owner, requests variances to permit the placement of a ground
sign within the required front yard setback and to exceed the permitted sign area in a residential district.
Section 30-19 (B)(2)(c) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires a 25'
minimum front yard setback. Also, Section 30-37 (F)(1)(c) of the Oshkosh Municipal Code: Sign
Regulations limits institutional bulletin board signs to 24 square feet in area.
Mr. Muehrer presented the item.
Mr. Thomas Donovan, 1025 W 5th Avenue, Business Administrator for St. Jude Parish was present to
represent the petitioner. He said he agreed with the staff requirement to have plantings at the base of the sign
but did not understand the denial as presented by Mr. Muehrer.
Mr. Muehrer explained that the request was for 28 sq. ft. of signage and the zoning only allows for 24 sq. ft.
Mr. Donovan asked if that area was just for the changeable copy.
Mr. Muehrer confirmed it was.
Ms. Hentz asked staff if the proposed height would remain at 8 ft. ifthe sign space were reduced to 24 sq. ft.
Mr. Muehrer explained that it would be up to the petitioner. The height of 8 ft. is not a zoning issue so it
could stay that height.
Mr. Donovan said that because the parishes had now combined they wanted to keep all the signs as similar as
possible. He referred to the sign at the corner of South Park and Oregon St. (previously St. Vincent's
Church) as a reference.
Mr. Muehrer explained that the smaller size requirement is because the 505 Knapp St. location is zoned
residential whereas the South Park/Oregon St. location is zoned commercial.
Mr. Wilusz asked if that was the location with the electronic sign.
Board of Appeals Minutes
August 22, 2007
Mr. Muehrer confirmed that it was and explained that they could not have one at 505 Knapp St. because it is
not zoned commercial. He went on to clarify that they could not even apply for a variance for approval.
Mr. Donovan said he was comfortable with the change in size requirement. He added that they would be
taking the bushes down in the back area.
Mr. Cornell asked Mr. Donovan if the sides of the sign would be reduced.
Mr. Donovan said Mr. John Beck would be determining how the sign would be altered. He mentioned the
color of the sign on Oregon St. is red but the sign for Knapp St. would be green.
Mr. Penney asked if the Madonna statue would be moved.
Mr. Donovan said no, the plantings behind it will be trimmed down and new plantings added in spring.
Mr. Cornell asked if the sign copy area would be reduced from east west or north south.
Mr. Muehrer said it didn't matter as long as they meet the 24 sq. ft. requirement.
Mr. Cornell questioned if the size of the letters would need to change. With the reduced size of the copy area
the 8" letters could potentially result in wasted space.
Mr. Muehrer said it would be up to Mr. Beck to determine how they will reduce the size of the copy area.
Ms. Hentz asked what made the area an R-2 district and not commercial as there is a restaurant (Mahoney's)
across the street and there used to be a meat market on the other corner.
Mr. Muehrer said the street side with the restaurant is zoned commercial but the neighborhood abutting the
church property consisted of single and multi-family homes and therefore has an R-2 designation.
Mr. Donovan mentioned that the house next to Mahoney's Restaurant would be torn down eventually to
create a parking lot.
Mr. Cornell questioned the need to enforce the smaller size of24 sq. ft.
Ms. Hentz said she agreed especially with the commercial buildings across the street. She asked Mr.
Donovan if the smaller size could be achieved or if the signs came in standard sizes.
Mr. Donovan said he thought the smaller size could be done but that Mr. Beck had planned to be at the
meeting and he would be able to confirm it.
Ms. Hentz asked Mr. Donovan then ifhe was not sure that the smaller size could be made.
Mr. Donovan said he did not know enough about signs to know for sure.
Mr. Wilusz commented that if the smaller size could not be achieved they could come back to the board.
Mr. Penney asked Mr. Donovan if he had consulted with someone previous to the meeting since he said
earlier that he did not have an issue with the reduced size.
Board of Appeals Minutes
2
August 22, 2007
Mr. Donovan said he did not know about the reduced size until the staff report was read and he surmised that
it would be okay.
Ms. Hentz asked staff if the petitioner would need to pay another fee if they had to come back next month.
Mr. Muehrer said yes.
Mr. Wilusz questioned if the board should lay the item over until the next meeting so that Mr. Donovan
could find out for sure if the smaller size could b~ accomplished.
Mr. Donovan asked the board ifhe could call Mr, Be9k ill hopes of getting him to the meeting.
The board agreed.
Mr. Donovan left the room and returned moments later with Mr. Beck
Mr. John Beck, 2925 S. Oakwood Rd., Oshkosh apologized to the board for arriving late.
Ms. Hentz explained the issue of the sign size.
Mr. Beck asked how the board would want it done. He asked if the top portion of the sign needed to be
smaller.
Mr. Muehrer explained that the top (identification) portion of the sign was okay. The bottom portion of the
sign for the changeable copy needed to be reduced to meet the 24 sq. ft. ordinance.
Mr. Beck asked if it would be okay if the sign were 6 ft.
Mr. Muehrer asked if it was a problem for him.
Mr. Beck said he would like the sign larger to get three lines of copy with 8" letters on it. He mentioned that
he would like the readable copy portion of the sign longer. He said it would be the same size as St.
Vincent's sign except it would not be an LED.
Mr. Wilusz said he understood what Mr. Beck wanted. He wanted to know if he could make the sign
smaller.
Mr. Beck mentioned the LED signs are better because vandals steal letters.
Mr. Muehrer explained that the LED sign is not allowed in a residential district.
Ms. Hentz referenced the information that the sign would be lit from inside. She questioned if the light
would be on all the time.
Mr. Beck said no, it would be on a timer.
Mr. Beck went on to say the goal was to make all of the signs as similar as possible because of the
consolidation of the parishes.
Board of Appeals Minutes
3
August 22, 2007
Mr. Cornell asked if reducing the length of the sign from 7 ft to 6-1/2 ft would be acceptable.
~
Mr. Muehrer said no.
Mr. Penney said he had difficulty seeing a hardship to justify approving the additional 4' of signage space
since the sign would not be set back against the building.
Mr. Wilusz agreed.
Mr. Cornell asked if the two items in the zoning request (size and location) needed to be voted on separately.
Mr. Muehrer said the item could be voted on as one item as presented by staff.
Motion by Ms. Hentz to approve the sign placement/location variance as requested with the
following condition:
a. The base of the sign shall be landscaped with low-level plantings,'
And to deny the sign area variance request.
Seconded by Cornell.
Motion carried 4-0. Ayes-Cornell/Penney/Wilusz/Hentz. Nays-None.
Finding of Facts:
There are unique limitations to the property.
There will be no adverse impact on the neighborhood
There is no hardship to the petitioner with the denial of sign size.
The approval is for the least required variance.
~ .;f,~::were~~riftoms<h:}'hw"~E:l~~idofe~
Ms. 'el1t;f then brought forward a discussion of a citizen complaint at the last Common Council mee~
regarding"trts4~bances caused by activity at the Oshkosh Sports Complex. She shared that Mr~.>>~ Ornum
complained abot'tt.lJlany different things (lighting in particular) from the stadium during fog~ll games being
so bright she could ~ad~,Qer newspaper .by i:. Council member McHugh mentione~~ere was a variance
approved by the Board or-Appeals for lIghtmg. Ms. Hentz went on to say she s~J'l't' an emml to all of the
council members, Mr. Wollall~;\J:?avid Buck and Todd Muehrer explainillg>,tt5them that the lighting that
was approved by the Board of App~a was only for baseball/softball di~ond fields and not for the football
field. /"
Mr. Cornell said he called Mr. McHugh and had 8:>0 UJi,dlSCUssion with him. They were able to clear up a
lot of point~ that he misunder~tood because of info~ """~he received from Mrs. V ~ Ornum viae~ail on a
week~y baSIS: Mr. Corne~l saId he went over t~~e Sports"@ ter the next day and dId not see any lIghts
assocIated WIth the ball dIamonds at all. ~..
Mr. C~rnell went on to sa~ that i~.~/,~' en at least 18 .months since they reiyed their appro,:,al and they only
have SIX months to act on It.tfie lIghts would be mstalled now they woura'*@~ non-complIant.
Mr. Muehrer saidi&t pulled the permit it would have been valid for a year from ate. He recalls
there.was a ~~dition requiring a bu~~er, e.g. trees. He questioned ifMr. Cornell noticed an'~d of
Pla::-~f.~kat would meet that condItIon. ",
~~"'Cornell said he did not.
Board of Appeals Minutes 4 August 22, 2007
STAFF REPORT
BOARD OF APPEALS
AUGUST 22, 2007
ITEM 1:505 KNApp STREET
GENERAL DESCRIPTION AND BACKGROUND
John Beck-applicant, Sacred Heart Church-owner, requests variances to permit the
placement of a ground sign within the required front yard setback and to exceed. the
permitted sign area in a residential district. Section 30-19 (B)(2)( c) of the Oshkosh
Municipal Code: R-2 Two Family Residence District requires a 25' minimum fr:ont yard
setback. Also, Section 30-37 (F)(1)(c) of the Oshkosh Municipal Code: Sign Regulations
limits institutional bulletin board signs to 24 square feet in area.
The land use in the general area is characterized by low-density residential, institutional,
and commercial uses. The subject property is bounded by W. 5th Avenue on the north,
Knapp Street to the east, W. 6th Avenue to the south, and single-family homes to the
west.
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 variance to construct a double-sided illuminated ground sign
with a 5' front yard setback along Knapp Street (25' is required). The proposed sign will
feature a triangular shaped identification portion as well as a Tx 2' (28 square feet total)
changeable copy portion. The changeable copy portion of the sign exceeds the
permittable area by 4 square feet. The overall height of the proposed sign is 8'.
The applicant has stated that they are proposing to take down the existing legal non-
conforming free standing (and temporary) sign(s) on-site and place the new sign
perpendicular to Knapp Street for better visibility. The sign is needed due to the recent
consolidation of Catholic parishes in the community.
According to the applicant, the variance would not have an adverse effect on surrounding
properties due to the church consuming a majority of the city block and a commercial
restaurant/tavern being located across the street. They also believe the neighborhood will
be improved aesthetically by reducing the number of on-site signs.
The applicant has stated that the site is unique and unusual because of the location of pre-
existing built structures (i.e. the church facility, former school facility, etc.) on the site.
The petitioner feels a hardship will ensue if the variance is not granted because the
church will be difficult to identify appropriately.
1
STAFF REPORT
ITEM I
-2-
BOARD OF APPEALS
AUGUST 22, 2007
In regard to sign placement, staff concurs with the applicant and feels a unique hardship
exists on the property due to the existing built structures limiting the available area to
locate a new sign to meet code standards. Staff recognizes the importance of sign
identification for institutional uses and feels thepropased location is the least amount of
variance needed to functionally place the sign on-site.
It should also be noted that vision problems are not anticipated with the placement of the
sign at its proposed location. Specifically, the sign will be located approximately 150 feet
south of the W. 5th Avenue/Knapp Street intersection and will be approximately 130 feet
north of the W. 6th Avenue/Knapp Street intersection. Aesthetically speaking, staff feels it
would be appropriate to include low-level plantings at the base of the sign to veil the
proposed pole skirt. In general, staff does not believe any adverse impact or harm to the
public interest would take place by granting the sign placement/location variance
request.
In regard to sign area, however, staff does not see a legitimate hardship unique to the
property. In fact, visibility of the changeable copy portion of the sign should not be an
issue since the sign location standards are proposed to be relaxed by almost 20' and the
associated speed zone on Knapp Street is only 25 m.p.h. Overall, staff believes the
proposed changeable copy sign portion would be practical and effective within the
established code standard of 24 square feet total.
RECOMMENDATION
Based on this information, staff recommends denial of the sign area variance request.
However, staff recommends approval of the sign placement variance as requested with
the following condition:
a. The base of the sign shall be landscaped with low-level plantings.
2
Attachment to BZA Packet 08/22/07
505 Knapp Street
View looking north along Knapp street
View looking south.along Knapp Street
3
Attachment to BZA Packet 08/22/07
505 Knapp Street
...
View (looking north) of proposed sign location
View (looking south) of proposed sign location
4
Attachment to BZA Packet 08/22/07
505 Knapp Street
Alternative view (looking south) of proposed sign location
View (looking west) of proposed sign location
5
Please Type or Print in BLACK INK
~
OJHKOIH
ON THE WATEOl
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.
Signature Required:
SA-clek")~ H e----r:+R7
Home Phone: (Cf'W") ~ 31 - l 1 &'0
- ./
Work Phone: (<2(70) t:.t / D~ o97g
Date: JvLJf 20, "UX-'1
f
Home Phone:
Work Phone:CC(-uJ) '<:35- 2073
Owner's Address: lO2-5
Signature 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 information may be requested,as needed.)
1. Explain your proposed plans and why you are requesting a variance:
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2. Describe how the variance would not have an adverse effect on surrounding properties:
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures:
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DISCLAIMER
Created by - kjg
Scale: 1 "= 150'
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7/23/07
This map is neither 8 legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilatioll of records, datu
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for rdel-ence
purposes only. The City of Oshkosh I:J Dot re-
sponsible for any iDllccUl'ades herein contllmed.
If dl.screpencies are found, please contlu::c rbe
Ci~' of Oshkosh.
1025 W 5TH AVE/505-519 KNAPP $T
Source: City of Oshkosh GIS
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