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Home My WebLink AboutLetter-Board of Appeals approval 0,' !{*-.,:~ <;j!y,"";::;C 'o~.'if{;V . 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 OJHKOfH ON lliE WATER Darryn Burich Director Planning Services Division October 11, 2007 Mssrs. Steven & Darryl Thoma 5254 Samers Bay Rd Omro, WI 54963 RE: 2404 Harrison St Dear Mssrs. Thoma: On October 10 2007 the Board of Appeals approved a variance to limit the amount of solid fencing required to enclose an open storage area with the following condition: a. Fence and slat detail is to be reviewed and approved by the Department of Community Development. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on October 11, 2007. Per Section 30-6(C)(3) and' (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on April 11, 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 Cl-t the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 -1 :30PM, 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. RespectfullY /I To~eY Associate Planner/Zoning Administrator TM/kj g CC. Inspection Services Division, City Hall ON1lfEWATEfl 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 _sf _... ~~.\g;;;w ."":+'" OJHKOJH Darryn Burich Director Planning Services Division BOARD OF APPEALS AGENDA OCTOBER 10, 2007 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 10,2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL AND DECLARATION OF A QUORUM APPROVAL OF AUGUST 8, 2007 MINUTES APPROVAL OF AUGUST 22, 2007 MINUTES HEARING OF NEW APPEALS AND APPLICATIONS I. 1842 Mount Vernon Street Allen J. Wallace-applicant/owner, requests a variance to permit the creation of an asphalt driveway with a 0' setback. Section 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street Parking and Loading Facilities requires a driveway to be a minimum of 6" from a side lot line. II. 504 & 506 Knapp Street Dennis E. Schwab-applicant, 504 Knapp Street LLC & 506 Knapp Street LLC owners, request the following variances to permit the creation of a new off-street parking area: Required (Section 30-25 (B)(2)) I) 25' front yard setback (west) II) 25' front yard setback (north) Proposed 11 ' 6" front yard setback (parking) 12' front yard setback (parking) Required (30-35 (B)(1 )( c) III) 19'2" transitional yard setback (east) Proposed 11 ' 6" transitional yard setback (parking) III. 2404 Harrison Street Steven & Darrell Thoma-applicants/owners, request a variance to limit the amount of solid fencing required to enclose an open storage area. Section 30-30 (B)(7) of the Oshkosh Municipal Code: General Industrial District requires open storage areas to be enclosed by solid fencing not less than 6' in height. IV. 207 E. Irving Avenue Corey Godina (Mitech Services)-applicant, Dale School Apartments Inc.-owner, request a variance to permit the placement of non-residential accessory structures with a front yard setback of 10' and a side yard setback of 3'. Section 30-19 (B)(4)(g)(ii) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires a front yard setback of 25' and a side yard setback of 7 'h.'. DISCUSSION OF BOA PROCEDURES ~ '~ STAFF REPORT BOARD OF APPEALS OCTOBER 10, 2007 ITEM ill: 2404 HARRISON STREET GENERAL DESCRIPTION AND BACKGROUND Steven & Darrell Thoma-applicants/owners, request a variance to limit the amount of solid fencing required to enclose an open storage area. Section 30-30 (B)(7) of the Oshkosh Municipal Code: General Industrial District requires open storage areas to be enclosed by solid fencing not less than 6' in height. The subject 2.11 acre (approx. 91,718 sq. ft.) property is zoned M-2 Central Industrial District and is being used for open storage purposes. Mini-warehousing units to the north and south border the parcel, while railroad right-of-way exists to the east. The general area can be characterized as a combination of light manufacturing and low-density residential. The applicant received a Conditional Use Permit (see Resolution 07-229) on August 28,2007 to establish open storage of semi-trailers at the property. One condition of approval was to provide a solid screening element at least 6 ft. tall around the storage yard or to obtain a variance from the requirement. The applicant has chosen the latter and is requesting a variance to reduce the amount of solid fencing required. ANALYSIS AND RECOMMENDATION 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 spch 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 applicants are proposing to use chain-link fencing with slats to screen the entire fence area on the west property line (facing Harrison Street). Additionally, the applicants are proposing to continue the chain~link fencing with slats along the north and south property lines to screen the front 30' ofthe storage area (see attached site plan). Details on the specific fence and slat materials have not been submitted to date. In the applicant's opinion, the variance would not have an adverse effect on surrounding properties because mini-warehousing units exist to the north and south of the subject property and a rail line is the east. The petitioner feels the subject property will be mostly hidden by public view from Harrison Street due to the placement of existing buildings and the proposed slatted fencing. The unique combination of light manufacturing and low-density residential uses in the area is the special condition that applies to the lot in the applicant's opinion. A hardship would occur if the variance were not granted because the property owner could potentially lose their existing lessee. In staffs opinion, the unique combination of land uses is creating a justifiable hardship for this particular parcel. The R-I Single Family Residence District juxtaposes the M-2 Central Industrial District immediately across Harrison Street to the west. Since the single-family homes are most affected by this request, the applicant appears to be taking the necessary steps to mitigate any 1 STAFF REPORT ITEM m -2- BOARD OF APPEALS OCTOBER 10, 2007 potential conflicts by reducing the visual impact the open storage use may create along the west property line with the slatted fencing. The existing storage units along the north lot line and the existing landscaping/tree line along the south property line adequately screen public sightlines to the rear of the subject property. Therefore, requiring solid screening around the entire open storage area perimeter appears to be unnecessarily burdensome in this particular case. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance with the following condition: I. Fence and slat details shall be reviewed and approved by the Department of Community Development. 2 . ,..... -- ~GUST 28, 2007 ~~---- 07 -229 ----~--- .. R;SOLUTIO~ WITHDRAWN (APPROVED 7 -0 LOST LAID OVER PURPOSE: GRANT CONDITIONAL USE PERMITS; APPROVE I REVISE PLANNED DEVELOPMENTS: A) 2351 WESTOWNE AVENUE B) SOUTH WASHBURN STREET, SOUTH OF 3265 SOUTH WASHBURN STREET ~~ 3530 nMNI DRIVE CD 2404 HARRISON STR~" INITIATED BY: A) MENARD INC., OWNER B) BERGSTROM, PETITIONER C) OMNI PAINT & GLASS, OWNER D) DARRELL THOMA, OWNER PLAN COMMISSION RECOMMENDATION: Approved with conditions as noted BE IT RESOLVED by the Common Council of the City of Oshkosh that conditional use permits are hereby granted for the following properties under Section 30-11 of the Oshkosh Zoning Ordinance, and that said permits are granted with conditions, if any, as noted for each respective property, and the Planned District Overlay and development plans, per the attached exhibits, are hereby approved. A) 2351 Westowne Avenue; Menard Inc., owner A conditional use permit to revise a previously approved planned development to allow construction of a new warehouse facility and expansion of the existing garden center and storage area, per the attached "Exhibit A", with the following conditions: 1) Base standard modification to allow a zero (0) foot east side yard setback per the attached. 2) Sign off on the proposed relocation of the ANR pipeline easement from ANR. 3) Sign off on the proposed easement crossings from the Town of Algoma. 4) Establishment of cross access and cross drainage' easements between the two lots. 5) Removal of the parking stalls backing onto the traffic lane and addition of parallel parking for a temporary loading zone with signage. 6) Pavement connection of the fire gate to the existing access lane. 7) Base standard modification to exceed the maximum 0.5 foot candles at shared eastern property line per plans submitted to Planning Services Division. 8) Stormwater, drainage and grading be reviewed and approved by the Engineering Department. 9) Addition of landscaping along the fence behind the warehouse area to be approved by the Dept. of Public Works and Dept. of Community Development. 3 AUGUST 28, 2007 07-229 RESOLUTION CONTD B) South Washburn Street, South of 3265 South Washburn Street; Bergstrom Automotive A conditional use permit for a planned development to establish an automobile dealership (Subaru) to include, but not limited to, construction of a 2,800 sq. ft. building, display pod/platform, customer parking, auto display stalls and associated amenities, per the attached revised "Exhibit B", with the following conditions: 1) Land division consistent with the proposed plans is executed for the site. 2) Provide an access easement for the two internal drives to the Bergstrom Honda site to the north. 3) Base standard modification to exceed .the maximum illumination levels at the north property line. 4) Stormwater, drainage and grading plans be reviewed and approved by the Engineering Division. . 5) Addition of two full landscape islands to the interior of the rear parking lot and two half landscape islands to the perimeter of the rear parking lot. C) 3530 Omni Drive; Omni Paint & Glass, owner A conditional use permit to revise a previously approved planned development to permit out?ide storage, per the attached "Exhibit C", with the following conditions: 1) Approval of final fence type and color by the Dept.. of Community Development. 2) Base standard modification to permit a chain link or vinyl solid fence to enclose the outside storage area. 3) Storage area perimeter to be landscaped to parking lot perimeter standards with the exception of decreasing the span between deciduous trees from 50 ft. to 25 feet. D) 2404 Harrison Street; Darrell Thoma, owner A con I I I 0 es a IS open s orage of semi-trailers within an area enclosed with a chain link fence, per the attached "Exhibit 0", with the following conditions: 1) Solid screening element, at least 6 ft. tall, be installed enclosing the storage yard . or a variance from this requirement be received. 2) Remove gravel between fence and road right-of-way and replace with vegetative ground cover and landscaping to be approved by the Dept. of Community Development. 3) Driveways be improved to a hard surface as approved by the Dept. of Public Works. 4) The two inside curb cuts/driveways be closed and replaced with curbing. S). Stormwater, drainage and grading plans be reviewed and approved by the Engineering Division. 6) Hours of operation be limited to 7:00 am to 9:00 pm. 4 ~'" EXHIBIT D -~-,-- lD C) E! .B rJ) 'C. ~ r: o ~ II) ~ I I I I ., I I I I I I , I , I I I 1 I I To I T'" I I " I I , , " I I I I , I I I I I I , .( I I I I " '....:1... lIP!; :~~.::~:l=3~: . ~~l~f i"J.'.'J' l~.. . 11;":':: ~J r ," ,'. I:"~:~ '~(~.~::::::~ '=~.= i:~":~;~ Iof,l ~-. ....... ... .-=:~. ;....... :'::=-:~f"~~::~~, '~:'.;.:'1t. :. f:.' ;':~:!:~~,~i.:: .'I....=-.-:-_..~i- -: . ~:~-::~~.. .~~~~ ..~;...._ :.:. :',1'. ,- ~ .' ..., :0"-' ~.. .'.r :1"T'I"l':Il"n. I -..t. . ~ .,.,..,.: ..:. o N --~- - - - - -.- o s Ol t:I . "? F-. v. J , Harrison StrE?et >J~J: . L....:i .. . :':'1 i ~~' . :.,,,~,.~~?jpt, " , .~:1 . .::\ ~..:..~~~.~,=:~j .~ t. ~1.:~ 1~ . ,'.... 1 1.=...,l;l....\o!,I;,'II,........~ . " .?. "" r. ..;l 41. , "-.".... .....i;:>. l~",=.~t'"...."'.l '. '.. 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I .~ .... .n ~ a; 13 CI)' I.. . >>J i I '1' I ! ilU ~h i ~d UI 1 !!kj hi I Hi m l ~~!i. ," . .r~ .". J ~".I"'I Q .. ~ Ii ! ! i J ~ I ! i'! 1 i I f Ii . H~B&t o. Please Tvpe or Print in BLACK INK ~ 0IH<QfH Ott'nEWI'>.l'Efl Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSII APPLICATION FOR VARIANCE Please submit a complete reproducible site plan (maximum size II" 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: 2'-\ O'i rl.....rr I ~'Olr"\ S..f.. , Petitioner: S4 ~u <... .. ~r"'L \ \ \lo..--c...... Home Phone: q 20 - 2 J:1-Co..( f '-(5; Petitioner's Address: s<. 'S'''i SGi."')e.r.... ~~ 'R.J '. O_rol~ork Phone: ~ BPi"" Iir Signature ReqUired:=u.t!:.l........... 0 ~ ~ {~ . Date: C; 1\ -e.{o7 Owner (if not petitioner): Home Phone: Owner's Address: Work Phone: 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 yonr proposed plans and ~hY yoo are reqoesting a variance: . S ~~~- ~":p~l:"-11~,:5~t~:~+?:::f 5~~~L{~r,.7$:~ S~~ ,,~. w'C....l\ AS ~D' of' rle- f2~f"\C-&!.- ~V\. t-kc.. r"\o....tkq. s~u-l~ S \ d ~.$" (f) +- ~ ~ .{' L '^ C. ~ +-L ~ +- ~.... d i ^ ,.: <:" + l 4! <<....H!~ S. 4 $ \ J ~ (!;) {: + l <... .f'~ '" L .e.. 1.0 r .r c .J 4- L..- ~ i -T : "' d", ... c.<.:~r "{ .{:'+ ~~ d -rl ~ ~"'-\.~r~ -rt."'c:....~J '''''' c;....,...~c.... b~c.....c....L.t~~ __ c...O'S ___ lI'Y\.c...~"'\+<t'\....~"",c...~. (..j-<- f4t..~-J 1'"~c:......+ T-~<- 5ut'",..o.~~~\'~ y:'rc::=ot.J.: ~GS +. +h.c.. 'hPr+h, ~o~+kQ- ~~S t U)\ Ll ""'~+ bt ;~~t~ .:::~r:~~l;t~:~~ ;~t~~A<>-~: +C~::':j'; ~~;~ 7. SUBMlrrED BY APPLICANT RbN<<~ 2. Describe how the variance would not have an adverse effect on surrounding properties: ;;:'J (.:;tr~n~r ~ .: s ...:;./.;(: 7::;:1 ;;5-/-: ~1 ::;'::; s :';i <>.-/ 2'-1Ky, /I.rr;r,",~ s-'-r. ~/II. be- 4 r;.jJ.~ ''7 -FLe. s/~T <'''''0 r 1l.N 1.. Co..... &/, e... c. t"") ~6""'" /lC.,." r 6" C. {" 7'. r",,- sl&./l.7.J .5J.~vIJ J.6~~'}O ~~.ItPt"se...cr-l(;~T~", CAA1~ -/~~: ~~~~,; Q'r~r~~s. ;'';- L~lb~/d ~;.'e.n~e -., / - . . orA '&! ~ r f!;. e.... . . 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: I .. <II!!!'. h ~ e. 2. S T-ord. ~ U5:~. :t::~.u~:(i~:s ::f.!.{:r~\ ...t -"'~""'<' ~...,,,.1 4. that would result if your varian e , .,.. re... p....r ~ +04!l. ~L--\- 'tv ~ . re-Y\. + ~....... 5 '_~-t-l_ +~^LC.~ -4' ~... ~ · ~ 'f'<"'" ,.. S S I ~,,+- k:~'^. +l.-!' ,,-.-.* +-~ O~klco$l 'ru~ k f .,... 0 \ ~,....~c...r b L- ~ ~ ~<t- lOr ~~~ o'\-l.- '?.....s~ \.~ ~~\~ ?~C-~ ~~. +-l~ ~f~t'~'u~ ,\>.e..-r+. y r~per~ r......~ SUBMllTED BY APPLICANT 8 Railroad Tracks 1111111111111111111 111111111111111111111111 H++++H 111111111111111111111111111111 ___U -\fJ - j-- I I I I I I I I .- I I 1 I I I I I & I e I o U5 I C t ~ ..... 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DISCLAIMER This map Is nelther I legally I'8COl'CIed map nor I survey andlt Is not Intended to be used lIS one. This draWIng Is a compilation of records, data am:llnfoml&tiQllIoeat8d In varia.... cIty,l:Ounty and state offices Ind other sources affecting the area shown Ind It Is to be uSlIld for reference purposes only. The City of Oshlc.Osh 1& not re- sponsible for any inlccut'llCles herein contained. If dlscrepencles Ire found, plea" contact the City of Oshkosh. TRAILER STORAGE YARD 2404 HARRISON ST ~ OJHKOJH ON~tfEWA'lCl1 Scale: 1" = 200' City of Oshkosh Department of Community Development SUBMITTED BY APPLICA.NT 10 u o c (') I . ~ ~ I <( N ~ rA.l.a SUBJECT Iz w-gr SITE I- - .~ ~ ~ I~.. .- ~..3P:f ' : AVE. ~ · M-2 1~1 4" . E. ~~ERAVE. 7/-.... r: \ "7~ '\,.0 .~ 1.-2 \ f. --;/. \ I - - ';C . c ~ - R-~ LIB EYAVn b t:i.+- = - EJ=Hi- .~ =:...:_ .;..._~r _ !~ -i= == - EE::Il:: -' . U~III Itlll - - - - , = ... .1 I. 11 I r ~ ~~ Tll I ..... ~ ~=;.... ~;.... ::.. 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The City of Oahkosh Is not re- sponsible for any Inaccuracies herein contained. If discrepancies are found. please con1aCt the City of Oahkosh. 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"'. ~. ~~ I" -'II ~ \I C'I o - L.- "l!!! .,.... - 1=::.1' "1- - c:: Q) J: E ..c::.... a. \.... en 0 0 ...::) 0 - ~~~'EQ) ~; ~ Q) ~ .x.wOEO J:i!i....1::>. w \.... ~ 0 ~~ .-::l >. Q) c:: o 5o~ E o () ,.... o o ~ T"" -. 0) (J') _r 1.,,- II !!!ih-~-JL/ " 0 "'" i= b ~ g w .... _ 'l.0 S.HO.t: . .. r-I ....... en c: o (J') III! ~ N - I I - .;;:. -I b o LO II llflll!l ..::-- .. . IilI @I! - ~ I DISCLAIMER Scale: 1"= 150' ~ N 9/18/2007 Thb mftp il; neither 11 legllDy ",curded map nor II: 5Urve)' and If Is hut intended tfl be ~ QS one. ThL~ drllwing Is a l.:nmplhltlon of rKOn.Is, data and inronnlltion located in "Ilrious dl)', tllunly and slate-nffices and olher sources arre.:ting tbe aru sbown aDd It b; to be used fur rdt"rence purpusCB unly. The City of Oshl(Osh is 1I0t re~ sponsible for any bUlccuracles herein contained. If disu-cpencies lire found, ph'ase contuet the Clf)' or Oshkosh. 2404 Harrison St Created by - kjg Source: City of Oshkosh GIS 16 Attachment to BZA Packet 10/10/07 2404 Harrison Street View looking northeast at subject property from HarrisoriStreef" View from Mount Vernon 'Street looking north/northeast 17 Attachment to BZA Packet 10/10/07 2404 Street View from Harrison Street looking eas1:/southeaSt View from subject property looking west across Harrison Street 18 Attachment to BZA Packet 10/10/07 2404 Harrison Street Alternate view from subject property looking west across Harrison Street 19 ifficult because of the ems an eCIa y older clientele. Mr. Come asked staff about the issues of curbs, islands and green space with parki lots, and questioned what the diffe ce was with this parking lot versus one where a curb or island is equired. Mr. Muehrer said the al of the proposed new ordinance language was to reak up large impervious areas of cement in parking lots . Shopko, Copps) not only for aesthetic oses but for functionality as well. He explained that for every t 'ty stalls in a row there would nee 0 be a green space island. It was to be applicable whether the parking lot' ,s in a commercial or res' ntial district. Motion by Mr. Wilusz to apP:J; Seconded by Penney. Motion carried 5-0. es- Penney/Wilusz/Carpenter/Cornell s the reason the new guidelines would not apply. Mr. Cornell then asked if the lesser numbe Mr. Muehrer said that was correct. Finding of Facts: The parking I ill be an improvement to the neighborhood The safe ssues involved with street parking are addressed. The 1:. taurant located where it is presents a unique situation. e aesthetics of the area will be improved III. 2404 HARRISON STREET Steven & Darrell Thoma-applicants/owners, request a variance to limit the amount of solid fencing required to enclose an open storage area. Section 30-30 (B)(7) of the Oshkosh Municipal Code: General Industrial District requires open storage areas to be enclosed by solid fencing not less than 6' in height. Mr. Steven Thoma, 1219 Algoma Blvd. Oshkosh and Darrell Thoma, 5254 Samers Bay Rd., Omro- applicants were present to answer questions. Ms. Hentz referred to page 7 of the staff report and asked if the applicants could clarify a word missing from their application in the second paragraph. Mr. Darrell Thoma said it should read, "We feel that it is unnecessary to slat the entire fence in area. . . ." Mr. Steven Thoma shared with the board that the site was previously contaminated and the applicants have been working to get it cleaned up. He went on to say that they are willing to slat the fence area to a height of 8' to address concerns by the neighbors regarding the visual appearance of the property. He said they had agreed to do the landscaping and the paving of the access entrance. He voiced concerns that he could lose the current tenant if more than that was required to be slatted. The slatting of 30' should completely isolate the view of the storage area by the neighbors. Ms. Hentz asked what sections would be slatted. Board of Appeals Minutes 5 October 10,2007 - ~. Mr. Steven Thoma said the entire east facing front, and 30' along the north and south sides that will come up to the storage units will be slatted. Ms. Hentz questioned why the applicant thought they would lose the current tenant. Mr. Darryl Thoma said the cost of slatting the fence is $85 per 10ft. for the slat material plus $3 per linear ft. for installation. It will cost $5000 for the 1/3 of the fence being considered. The total fence would cost $15,000.00. With taxes, improvements and upkeep on the property they are not anywhere near receiving the income needed. He shared that Oshkosh Truck is the tenant and agreed to take care of part of slatting the fence. Current rent is $700.00/month. He said they consider Oshkosh Truck a temporary renter since they do not have a formal contract with them. Mr. Steven Thoma added that the cost for fencing the property is being taken care of by the tenant and in exchange they agreed to dress up the west end of the property. Mr. Darryl Thoma commented that both neighbors have done a nice job with the appearance of their property and they wanted to bring their property up to meet the standards that the neighbors have set. Mr. Steven Thoma said they have paid $70,000 already towards cleaning up the site and further expenses are now being felt as a hardship. Ms. Jeannie Klinker, 2407 Harrison St. then came forward to comment on the property. Ms. Klinker lives directly across from the property and said it was not being used for parking semi-trailers but was being used as storage for chassis that Oshkosh Truck was working on. She indicated she had no problem with the fencing or slatted amount requested. Her concern had more to do with what was being stored on the property. She commented that both the Klinger and Anderson properties were well taken care of. She felt the fence slatted as requested would hide what was being stored and she was agreeable to the variance requested. Mr. Carpenter asked staff if this was the item discussed at the Common Council meeting. Mr. Muehrer said it was. The applicants needed to have a Conditional Use Permit approved through the Plan Commission and then went before the Common Council for approval. Mr. Carpenter questioned why approval was contingent upon the final plan for the fence to be reviewed by the Department of Community Development. Mr. Muehrer explained that the final materials for the fence and the slat was not known and it was mandatory that the materials used created a solid barrier. Mr. Carpenter commented that he had seen slatted fencing that became an eyesore after awhile. Mr. Muehrer said the ordinance reads that there needs to be "solid fencing." They cannot use slat material that is transparent. The condition insures that the slat material will meet the requirement. Mr. Penney asked if staff was comfortable with only 30' being slatted on the north and south ends. Mr. Muehrer stated he was more than comfortable with it and had viewed the site to be sure the visual barrier would block the view from passers by. Board of Appeals Minutes 6 October 10, 2007 Motion by Mr. Cornell to approve the item as recommended Seconded by Carpenter. Motion carried 5-0. Ayes- Penney/Wilusz/Carpenter/Cornell/Hentz Nays-None. Finding of Facts: There is no harm to the public. It will enhance the property and the neighborhood. It is the least variance necessary. -IV. 207 E. IRVING A ~}.. - Corey dina (Mitech Services)-applicant, Dale School Apartments Inc.-owner, request a variance to p it the placem t of non-residential accessory structures with a front yard setback of 10' and a side yard tback of3'. Sectio 0-19 (B)(4)(g)(ii) ofthe Oshkosh Municipal Code: R-2 Two Family Residence Dis ct requires a front rd setback of 25' and a side yard setback of 7 ~'. Corey Godina, 2137 easant Run, Appleton-petitioner was present to answer questions. AT&T has a signal box won the corner of Jefferson and Irving St. but would like to a to the capacity with larger cabinet boxes. ~~~ ~ize of the box is 10' x 4'. His only concern is that boxes will be on cement slabs that measure 60' ~6" which will encroach on the 6' setback line. " Ms. Hentz asked if Mr. Godina ha~~~g in writing from AT&T that stat the increased size of the boxes is necessary in order for peo~~: ,~ve proper service. Mr. Godina said the larger equipment is neessary to accommodate t increased service for internet use. He did not have anything to present in writing fr AT&T. Ms. Hentz asked staff if he had received anything om the Mr. Muehrer explained this is part of a larger project c ed "lightspeed." He said city staff met with AT&T and this is one project that AT&T is doing througho t th city to increase services to different neighborhoods. ,Y Mr. Wilusz asked if staff was concerned abo the concrete S~ending into the setback. Mr. Muehrer said he was unaware oft cement slab until now and~t it would need to be out of the setback. '\ " Mr. Godina said the slabs are pr aIded but he could check to see if they ~ make it to fit the boxes that are 4' wide. \ . '\ Mr. Muehrer said the at r option would require the board to approve reducing th~setback by 2.5' to accommodate the ce nt slab if the boxes were to sit side by side as originally desi~ed. Mr. Godina co enled that the boxes could be set one behind the other instead of Sid~-side and then they would fit wit n the setback. \ Board of Appeals Minutes 7 October 10, 2007