Loading...
HomeMy WebLinkAboutBOA Minutes - Fence Approved BOARD OF ZONING APPEALS MINUTES PAGE FOUR AUGUST 5, 1987 MEETING Mr. Decker said he would prefer to construct another stairway and go the additional 8 feet to the ground. He also stated he would like to wait until spring to paint the structure. Motion by Hintz to move approval of a variance to construct a stairway with a 4 ft. side yard setback with the condition that it be painted to blend in with the home. Seconded by Krueger. Motion carried 4-0 Regarding the findings of fact, Ms. Hintz stated that this is a case that will not need to come before us after the Zoning Ordinance is revised. It is a requirement of the State to have an access to the apartment. Mr. McGee stated there is no other alternative location for the necessary access and this does not further infringe into the setback. IV. 258 W. 8TH AVENUE - Oshkosh Church Supply; Allen Krause Mr. Lamine explained the applicant is requesting a variance to place a wall sign on a legal non-conforming commercial structure in a residential zoning district; whereas the Ordinance does not permit commercial signs in a residential district. Mr. Krause stated there is presently a sign on the building. Our business has been there for years. The sign is not very attractive and we would like to replace it and move it over 5 ft. We have received permission from the landlord to put it on the false roof. We think it would enhance the property. It will be roughly the same size as the present sign. Ms. Hintz inquired if the sign would be lighted. Mr. Krause replied no, and it will be professionally done by Wisconsin Sign Company and will be flat on the building. Mr. McGee said that clearly a business has a right to signage. Motion by Hintz to move approval of a variance to place a wall sign on a legal non-conforming commercial structure in a residential zoning district with the following conditions: 1) Any illumination for the sign shall be shaded, shielded or directed from surrounding properties and the source of light shall not be exposed to the neighboring properties; and 2) No more than one sign shall be allowed for the business. Seconded by Larson. Motion carried 4-0. Regarding the findings of fact, Ms. Hintz stated this is a n~ce improvement and there is no negative impact. This is a legal non-conforming structure and it would be a hardship not to have any identification for the business. V. 562 GROVE STREET - Mercy Medical Center of Oshkosh, Inc. Mr. Lamine explained the applicant is requesting a variance to use an existing 10 ft. high fence with a 0 ft. setback to border a proposed hospital parking lot; whereas the Ordinance requires a 6 ft. chain link fence with a 3 ft. setback. Mr. George Thomas, Vice-president of Mercy Medical Center, stated this fence has been there for many years. Removing the fence would 1) disrupt a lot of neighbors' yards; 2) incur an additional cost of $5,000 to replace it; and 3) we granted an easement to the phone company so we would have to be 8 ft. back instead of the 3 ft. required. I -'" ,BOARD OF ZONING APPEALS MINUTES PAGE FIVE AUGUST 5, 1987 MEETING Mr. Thomas continued there would be more hardship on the neighboring properties in order to meet the lettering of the Ordinance. Mr. Lamine stated any new fencing would be 6 ft. high. Mr. Thomas stated that's right. Mr. McGee stated you will have to tear out a portion of the fence for the driveway. Mr. Thomas stated that is correct. Mr. McGee asked why the fence is to remain along a section of Grove Street. Mr. Hansche, Mercy's architect, stated there is a lot of planting that would be destroyed if we had to take it out. Ms. Hintz asked how far back from the property lines are the cars parkedZ Mr. Lamine stated the Special Use Permit allows parking within 15 ft. Mr. McGee stated landscaping will be provided but it will be within the fenced area. Mr. Dale Ferguson, '552 Grove Street, stated that since the fence is on the property lines how will Mercy take care of the fence? Mr. Thomas stated we will need to talk with the neighbors when it is time to paint it. Mr. Lamine stated this is a situation that pertains to all fence situations. Mr. McGee stated they are requesting that the fence be allowed to remain on the property lines. Mr. Hansche stated Mercy Hospital has a legal requirement to maintain their side of the fence. They have no jurisdiction on the other side of the fence. Mr. Ferguson stated the fence is actually an eyesore. Mr. Krueger asked if the neighbors are aware that the fence is to be left in. Mr. Thomas replied the neighbors have been notified and there have been several meetings. Mr. Hansche stated the neighbors are asking that the fence be left in and maintained. Mr. Lamine stated he has recei~ed no objections from any neighbors. Motion by Larson to move approval of a variance to use an existing 10 ft. high fence with a 0 ft. setback to border a proposed hospital parking lot with the conditions that: 1) a landscaping plan be approved by the Dept. of Community Development staff prior to issuing a building permit; and 2) That any new fencing will not exceed 6 ft. in height. Seconded by Hintz. Motion carried 4-0.