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HomeMy WebLinkAboutLetter-Board of Appeals approval~~„ City of Oshkosh Jackson R. Kinney. (, )~- Dept. of Community Development Director `~/ Planning Services Division Dept. of Community Development OJHKOIH 215 Church Ave., PO Box 1130 oxTMEw„~. Oshkosh, WI 54903-1130 Darryn Burich (920) 236-5059 (920) 236-5053 FAX Director http://www.ci.oshkosh.wi.us Planning Services Division November 20, 2007 . Mr. John Landolt, Jr. 934 N. Main St Oshkosh, WI 54901 Re: 934 N Main St. Dear Mr. Landolt: On November 14 -2007 the Board of Appeals approved variances to permit the creation of a new automotive commercial service, center building with an off-street parking area with the following condition: a. The 6' tall solid wood fence shall extend along the south perimeter. of the: proposed snow removal and temporary storage area and completely enclose the area shown on the submitted site plan. The decision of the Board was filed in the Planning Services .Division Office of the Department of Community ;Development on November 15, 2007. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on May 15, 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 ofAppeals 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) 236-505.7. Respectfull - , :.._ Todd hrer Associate Planner/Zoning Administrator TM/kjg' CC: Inspection Services Division, City Hall Brian Malchow, Fox Cities Construction Corp. City of Oshkosh _ Planning Services Division f~H 215 Church Ave., PO Box 1130 . ~„~wa,~, Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us BOARD OF APPEALS AGENDA NOVEMBER 14, 2007 3:30 PM To Whom It May Concern: Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director Planning Services Division Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, NOVEMBER 14, 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 OCTOBER 10, 2007 MINUTES HEARING OF NEW APPEALS AND APPLICATIONS L 556 W. 5~` Avenue Carl Sosnoski-applicant, Dean T. Sosnoski et al.-owners, request the following variances to permit the creation of a new off-street parking area: Required (Section 30-26 (B)(3)) Proposed I) 25' front yard setback (north) 0' front yard setback (parking) II) 25' front yard setback (south) 0' front yard setback (parking) Required (30-35 (B)(1)(c}) Proposed III) 19'2" trans. yard east setback (north %2 of lot) 6'trans. yard east setback (parking) IV)19'2" trans. yard west setback (north %2 of lot) 0' trans.yard west setback (parking) V) 19'2" trans. yard east setback (south'/z of lot) 4' trans.yard east setback (parking) Required (30-35 (I)(2)) VI) Solid fence, wall or hedge min. 5' high Proposed Existing fences not on subject property & new landscaping/shrubs II. 904 Brookwood Court Luanne Pupeter-applicant, James M. & Paula A. Pupeter-Troiber-owners, request a variance to permit the creation of 1,016 sq. ft. attached garage with a 12' front yard setback. Section 30-17 (B)(4)(a) of the Oshkosh Municipal Code: Single Family Residence District requires a 25' minimum front yard setback for an attached garage. III. 934 N. Main Street Brian Malchow-applicant, John E. Landolt Jr. owner, request the following variances to permit the creation of a new automotive service center building with anoff-street parking area: Required (Section 30-26 (B)(3)) I) 25' front yard setback (north) Proposed 8' front yard setback (parking) Required (30-35 (B)(1)(c)) Proposed II) 25' transitional yard setback (west) III) 19'2" transitional yard setback (south) IV) 19'2" transitional yard setback (east) V) 19'2" transitional yard setback (east) Required (30-36 ©(3)(e)) VI) 18' deep parking space depth DISCUSSION OF BOA PROCEDURES ADJOURNMENT 5' front yard setback (parking & bldg) 10' transitional yard setback (parking) 10' transitional yard setback (parking) 5' transitional yard setback (storage) Proposed 16' deep parking space depth IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT (920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS NOVEMBER 14, 2007 ITEM III: 934 N. MAIN STREET GENERAL DESCRIPTION AND BACKGROUND Brian Malchow-applicant, John E. Landolt Jr. owner, request the following variances to permit the creation of a new automotive commercial service center_ building with anoff-street parking area: Required (Section 30-26 (B)(3)) I) 25' front yard setback (north) Required (30-35 (B)(1)(c)) II) 25' transitional yard setback (west) III) 19'2" transitional yard setback (south) IV) 19'2" transitional yard setback (east) V) 19'2" transitional yard setback (east) Required (30-36 ©(3)(e)) VI) 18' deep parking space depth Proposed 8' front yard setback (parking) Proposed 5' front yard setback (parking & bldg) 10' transitional yard setback (parking) 10' transitional yard setback (parking) 5' transitional yard setback (storage) Proposed 16' deep parking space depth The subject 0.31 acre (approx. 13,560 sq. ft.) property is zoned C-3 Central ,Commercial .District and is being used as commercial automobile service garage (i.e. John's Automotive Service Center). The parcel is a corner lot (N. Main Street & E. Melvin Avenue) and is bordered by a single-family lot to the east and amulti-family residential lot to the south.. The general area is comprised of a combination of commercial uses and low-density residential uses. 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 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 property owner is proposing to demolish the existing, aged principal commercial structure and construct a new facility to meet current business needs. According to City records, the existing single story commercial facility was constructed in 1965, is approximately 1,632 sq. ft. in area, and located on the eastern side of the parcel. The proposed new building structure would be 3,200 sq. ft. (80'x40') in area and sited near the south side of the parcel. Although renderings have not. been. submitted, the site plan indicates a combination. of masonry and glass will be the dominant materials being used along the N. Main Street elevation. Proposed building amenities include. a customer service/waiting area, office, bathrooms, and four service bays. A 6'tall solid wood privacy fence is being proposed along the entire east lot line to buffer the proposed development from the adjacent residential uses. The 1 STAFF REPORT BOARD OF APPEALS ITEM III -2- NOVEMBER 14, 2007 fence will also enclose a temporary storage/snow removal area that. is being proposed in the southeast corner of the lot. Per the submitted site plan, access to the development would occur via a single curb cut off of E. Melvin Avenue and all other existing curb cuts would be closed. Four customer and one handicap accessible parking spaces are proposed along the west property line fronting N. Main Street. No refuse disposal area is indicated on the submitted site plan but it is anticipated to be located either within the building or behind the fenced. storage area. An existing legal nonconforming ground mount monopole sign would remain in the northwest corner of the properly. A combination of landscaping and green area is being proposed in the setbacks areas surrounding the parcel. Details on type and quantity have not been submitted to date; however, the official site plan review process will identify if compliance is achieved or if adjustments will need to be made. In general, the proposed project is intended to enhance the business operations of the property owner as well as the subject property and the neighborhood overall In the applicant's opinion, the variance would not have an adverse effect on surrounding properties because the current proposal is incorporating more green space throughout the parcel and the new building structure will enhance neighborhood aesthetics. The special condition that is applicable to the subject lot is its unique configuration and proximity to residential uses and/or districts that trigger transitional yard setback standards and limit the developable area. If the variances were not granted the current business would no longer be feasible at this location because the existing structure is in need of significant improvements, repairs and alterations. Principal commercial structures located in the C-3 Central Commercial District have no required setbacks under normal circumstances. The relaxed setback standards are intended to foster appropriate commercial developments in the City's older urban core where space is at a premium due to diminutive lot dimensions in some instances. However, the subject parcel is unique because it is sharing block frontage with a residential district to the east and abuts a residential use to the south. Both of these variables are triggering restrictive setbacks standards that would limit the buildable area for any commercial development at this location. Therefore, staff concurs with the applicant and feels a legitimate hardship exists at the property and variances are needed. In terms of alternatives or rehabilitating the existing structure(s) on site, it should be noted that if they were improved/repaired to an extent of greater than 50% even in the current location, substantial variances would be needed as well. Staff believes the proposed 5' front yard setback for the building and off-street parking area along N. Main Street provides an appropriate visual break for sightline and safety purposes for pedestrians. This area will also be beneficial for increased green space/landscaping for the property. Also, the proposed 8' front yard setback along E. Melvin Avenue for the off-street parking area provides an adequate safety buffer for pedestrians and an area to provide green space. The proposed 10' and 5' transitional yard setbacks along the east property line and the combination of proposed fencing and landscaping should properly buffer the commercial use from the adjacent residential use the east. Likewise, the proposed 10' transitional yard along the south property line allows ample area for green space to be increased and implemented while buffering the contrasting uses from each other. Staff is also supportive of the request to reduce the required stall depth from 18' to 16' along the east property line in order to eliminate any potential conflict the parking spaces may have with the service bays or internal pedestrian walkways. 2 STAFF REPORT BOARD OF APPEALS ITEM III -3- NOVEMBER 14, 2007 The only concern staff has with the submitted site plan is the lack of fencing along the southern- most edge of the proposed snow removal and temporary storage area. The site plan indicates the fence will terminate at the southeast corner of the property, which leads staff to believe the area will be exposed/visible from the abutting residential property to the south. Staff recommends the fencing continue westerly and attach to the proposed new building to completely enclose the storage area. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variances requested with the following condition: a) The 6' tall solid wood fence shall extend along the south perimeter of the proposed snow removal and temporary storage area and completely enclose the area shown on the submitted site plan. 3 ' Please Tvpe or Print in BLACK INK Return to: Department of `+ Community Development pf~pn-~ 215 Church Ave. ON THE WNTEP 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, al] 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; 934 North Main Street Petitioner: Brian Malchow, Fox Cities Construction Corp. Home Phone: 920-379-2827 Petitioner's Addres~• Signature Required 4614 Red Fox Road, Oshkosh, WI 54904 work Phone: 920-235-8008 Owner (if not petitioner): John Landolt -Home Phone: Owner's Address: 934 North in Street Work Phone: 920-231-5369 Signature Required: Date: ® ~ ~~ In order to be granted a variance, ach 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: John's Automotive Service Center, Fox Cities Construction, and the Planning Services Division of the City of Oshkosh have been working together in an effort to produce a plan that would meet the city ordinances as well as be a useable facility for John's Automotive Service Center to operate. Together, we have-come to the conclusion that some consideration with regard to the setbacks is necessary. John`s Automotive Service Center would like to erect anew building on the same parcel in which the existing building is located We greatly appreciate your consideration for a reduction in some of the setbacks. Please reference the attached proposed site plan titled "OPTION F" Due to the unique shape of the parcel, the various zoning,-and the various uses ,. of adjacent property, a significant hardship exists. It is our intention to improve the overall quality of this parcel. We will accomplish this by building an aesthetically pleasing facility with complimentary landscaping both of which will have a positive impact on the neighboring properties. 5 ~~~3i'~"f'E® ~1r ~PLfC~iIT ~D ~~l`~' i 2. Describe how the variance would not have an adverse effect on surrounding properties: The new John's Automotive Service Center will have a positive effect on the North Main Street community as a whole. The new building will have a positive impact on both the business community as well as the neighboring properties that are currently being utilized as residences. This will be accomplished through a newer, safer, more aesthetically pleasing structure, increasing green space, and improving the quality of the landscaping. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: The John's Automotive Service Center parcel is unique in shape (see site vlan.~ Due to the fact that the neighboring properties are zoned differently or beinc ,til;zed in a p y y g ficant impact on the useable_syace. different ca acct than the are zoned has a si ni According to the city ordinance, and subsequent setback distances, we are currently allowed to utilize a mere 34~ of the taxed property. 4. Describe the hardship that would result if your variance were not granted: If the minimal variances that we have requested are not approved, it will be extremely difficult for Jrihn's Automotive Service Center to'continue to operate at this location. The current business volume has outgrown the exiting facility. This coupled with the fact that the existing building is in need of extensive repairs that are cost prohibitive in a building of this age, requires a larger more efficient building 6 JOHN'S AUTOMOTIVE SERVICE CENTER, INC. 934 N. MAIN STREET w w z MASONRY& GLASS FACADE OSHKOSH, WI OPTION "F" MELVIN AVENUE LAWN ~ o 2 3 4 ~ C. H . ~~~~. 0000 WAITING ^ MEA STOAIER 5 OFF GE II IPII.I I IIIi FACILITY I W wH~ O ~ W O W Z z V W ~ ~ ~ ~ W V W ax=~QZ~ OU ~ ~ O V u.O ~ ~ Z ~wO 1-O~ o~a0.°wQ~=H pQ'OF-J~C~ ~ ~ c~~ aa ZpO~QWp t~ Q v O~~ w a p~paOWW O ~. C~~-v wzV o~i-~~~0 O ~, Z Quo ~~'~~ U I 1 ,I PROPOSED BUFLDING , 80' X 40' ? _____________ __________~_ __; SNOW REMOVAL & TEMPORARY STORAGE a ~__________o___________ __ 1 ~ _ ~ SETBACK PERIMETER ~ (TYP.) 6' TALL ~ ~ WOOD FENCE _I Cn'P~) I I ~__________________________ _ I LAWN BOA CTX MORTGAGE CO LLC XIONG SAMUEL N 934 N MAIN ST 3100 MCKINNON ST 1519 JEFFERSON ST 11/14/07 DALLAS TX 75201 OSHKOSH WI 54901 14 E Melvin Ave 1001 N Main MICKEY PROPERTIES INC PRENTICE LIFE ESTATE LANDOLT JR JOHN E PO BOX 634 MARGARET 934 N MAIN ST OSHKOSH WI 54903 0634 13 E MELVIN AVE OSHKOSH WI 54901 3806 935 N Main st OSHKOSH WI 54901 3845 KLISS WILLIAM E KLOEHN SANDRA L WARFIELD MARIANTONELLA 931 JEFFERSON ST 925 JEFFERSON ST 926 N MAIN ST OSHKOSH WI 54901 3829- OSHKOSH WI 54901 3829 OSHKOSH WI 54901 3806 SOSNOSKI STEVEN T BRIAN MALCHOW BRIAN MALCHOW 1002 N MAIN ST FOX CITIES CONSTRUCTION FOX CITIES CONSTRUCTION OSHKOSH WI 54901 3838 4614 RED FOX RD 4614 RED FOX RD OSHKOSH WI 54904 OSHKOSH WI 54904 LANDOLT JR JOHN E 934 N MAIN ST OSHKOSH WI 54901 3806 8 x ~'.} '~ s : ~ 1. _ . - ~, _ '~ ~ ~T` ~' ~ -s _ _ , t . a_ 'y` = ~ _, ~.'~ Y F . 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The Ciry of Oshkosh is not re- spaoihle fur en) inaccm'xciex herein eonlxineJ. rfJkxnnpenrlexarelbnngpleaxecnnhmtfhn Scale: 1 "- 30' .cl,.nrahw,xh. - 10/25/2007 Created by - kjg Source: City of Oshkosh GIS 9 213 209 203 n21 -" ~ M.. i5 t9 21 1.1A Ip - -_ _ ~ - ~ ~' K ~ _ 1. I° i_ - - I - 1 _ _ - ~ • ~ ~ avF - ~-- - ~ - ~ ~ - ,,,. - .e.~ -- , - - ~ a ~ ,.- .., s l ~ ~- - - _ - _ - - - ~ i; s _-~ -- - _ I - - J ~' - ~ r -- _ -- . - - - BALD ~ - - I - . . --~ , I _ ~ , , -• - f • g _ 14 ~ i 'B 11121 f08 - I .- .-.-_ - ___.. AVE. ~ _- -_ ` ~ -- z - ~, ,~ _ _ u . o. !, 3 LL ~'- Z - - Ll. I.L. I Z ,,,. w €3 i `II '~oa n, e I , id yl` tta ~ V '~ ,.,~, j~ ~ ~,,.~-~ ~ e ~ c I~. -J3 ~ v7 -~Pdr .' Bs _- - - - - n. -. ~ - J - - J - k a Q : _ - - .. 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Y ~r ~ ry . (S ' .r .. Hs' t l 1~^.- a ~-trr~^N~ ~'~'+y!`r ~-`~i,K` `~'~l'_'tr~ ~ - ~,V `i- "l~ ~ Ff {~ 1 `~F ~ .ay..7 ~ a " ~..~i~ u4 r~~~ o J rr, .~ . .. _, ~. ,- ..-u~ ~~l:;l~: t,1 •~1~)3f'ti:~ ~7r~)~?f',~i1' TC}T~f ~. ~ ~~~`lil ~~~1:. ' i !~,f;i ' ~i.~i~.~7,~ ;r ~~ d '~ r ~ r { ~ yJ 1 3 1 ~' P ~~ in ~.., _ rt i l JV ,' I 'CIF ~v ~ ~~.. ~+.~H.'_ CfM~_'- _ ~ ..~ win-r ~rvr.~ .. ' 4 n - '~.. .. - --. ,~ . ~~i{, ~'1 ,.,! 1. A !~-,. s„~ ~-. ~,y~t~:' .,~ •,ll i..~ . _ „_ _~ , +.'i ~ ;~ .,, 15 i ~ ~ . ~ x ;~ '~ -----b ~~: ~1t+':l] I-~.'ti1c'. , ~? ri'~'~, ~}~ °,~, i_~:.?' ~':~~?f'~ W T~I7~. { (:~i~l:itlw:. ;c`ut~i i F=. 1 _ ~ti x ~,r ¢"' ~ ~ ~ f ~,~ ~ ri yh~ k ~ _ 1~ f 1`~ ~ ~ ,: W{~" ~ ~ 4 k`r • ~. ~ N... w ,~ ~ ~~~~ ~ ~ h ~.w'~~ ? ~r~~ -;cal f. ~ i ~~~yy~:,)).~1 ""t'.4't~y~ ~. ~.} SJ:-R t~.i ~ ~ L.t ~"'w >:~~t]i ~~:vS~^ .a ,...~ .. ~.~ ' {~w~~, _ 'JS .-'y.'1 ., ~+ 16 ielsen commented that since. it was. actually a workshop it would not need a driveway. He a ed with Mr. C .ell. Ms. Pupeter ag d but went on to say that the owners had plans to put up a privacy fenc She added that the owners have fi children and a dog. If they put the garage there it would elimina play space for the children and dog. Mr. Cornell commented that i ould be a compromise. They may have to ecide to have it there or not at all. Ms. Pupeter stated again that that was the eply yard there was the children. Mr. Penney explained that the board needed tom t 'ain criteria in order to grant a variance and this situation did not meet it. Mr. Carpenter voiced his agreement w', .Penney. °`~, Mr. Cornell stated that if the;. - ere no other options he would be dined to take a harder look at the request but there are. Ms. Hentz s thized with the petitioner but agreed with her colleagues. otion by Mr. Penney to approve the item as requested. Seconded by Nielsen. III. 934 N. MAIN ST. Brian Malchow-applicant, John E. Landolt Jr. owner, request the following variances to permit the creation of a new automotive commercial service center building with an off-street parking area: Required (Section 30-26 (B)(3)) Proposed I) 5' front yard setback (north) 8' front yard setback (parking) Required (30-35 (S)(1)(c)) Proposed_ _ II) 25' transitional yard setback (west) 5' front yard setback (parking & bldg) III)19'2" transitional yard setback (south) 10' transitional yard setback (parking) IV) 19'2" transitional yard setback (east) 10' transitional yard setback (parking) V) 19'2" transitional yard setback (east) 5' transitional yard setback (storage) Required (30-36 ©(3)(e)) Proposed VI) 18' deep parking space depth 16' deep parking space depth Mr. Muehrer presented the item. Brian Malchow, 4614 Red Fox Rd. Oshkosh, petitioner and John Landolt, 264 S. Clay Rd. Van Dyne, owner, were present to provide information and answer questions. Mr. Landolt began by saying he was fine with the staff recommendation to extend the fence for the storage enclosure along the south perimeter so that the area was completely enclosed. Board of Appeals Minutes 9 November 14, 2007 Mr. Carpenter asked if there are plans to have car sales taking place on the lot. Mr. Landolt said he's been at that location for 19 years and has never sold a car. Mr. Penney referred to the map on page 7 of the staff report and asked where the cars will be while they are waiting to be serviced. Mr. Landolt explained that there will be four bays inside and there are five (including 1 handicapped) spaces for cars outside. Mr. Steve Sosnoski, 625 Maricopa Dr. came forward. Mr. Sosnoski is the owner of Cinder's Charcoal Grill located across the street from John's Automotive. He questioned what the measurements of the corner sign would be. His concern was that it would block vision to his restaurant. Mr. Landolt stated the sign was not changing. Mr. Sosnoski then referred to the limited number of spaces being provided for cars and questioned if there would be parking on Melvin St. Mr. Landolt explained because of the lack of curbs on Melvin St. there is no parking available. He said he will be able to service more cars at one time and therefore have a shorter turn around time so cars will not have to sit out as long. Mr. Sosnoski said he was fine with the project and glad it was being done. His main concern was if his restaurant would be blocked from view. Mr. Carpenter asked staff if the existing sign was okay. Mr: Muehrer said it is Legal, non-conforming. If Mr. Landolt wanted to erect a different sign he would have to meet the current code. Motion by Mr. Cornell to approve the item as recommended Seconded by Carpenter. Motion carried 5-0. Ayes- Carpenter/Cornell/Nielsen/Penney/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. There being no further business, the meeting adjourned at 5:30 p.m. Penney/Corne115-0. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 10 November 14, 2007