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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES April 9, 2008 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Edward Wilusz, Cheryl Hentz EXCUSED: Mark Nielsen, Moss Ruedinger STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Lynn Lorenson, Acting City Attorney; Karin Gehrke, Recording Secretary Chairperson Hentz called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of February 13, 2008 were approved as distributed. Cornell/Carpenter 5-0. Ms. Hentz began by indicating that Acting City Attorney Lynn Lorenson wanted to make a remark regarding one of the items on the agenda. Ms. Lorenson asked if anyone who represented the applicant or owner in regard to the 2150 S. Washburn St. application was present. No one was present. The meeting continued. ITEM I: 2920 OREGON STREET Beck Signs, Inc.-applicant, UAW Local No. 578 Bldg. Corp.-owner, request a variance to permit a ground sign with a 20’ front yard setback. Section 30-30 (B)(1) of the Oshkosh Municipal Code: M-3 General Industrial District requires a 30’ front yard setback. Mr. Muehrer presented the item. Mr. John Beck (Beck Signs), 2925 S. Oakwood Rd., Oshkosh, was present to provide information and answer questions. Mr. Beck said the letters currently on the wall of the building are difficult to see and people miss the building because of it. Mr. Cornell referred to the first paragraph on page 2 of the staff report, specifically the last sentence which states, the application also states that some neighboring properties have signs that are setback less than 30’. He questioned staff as to why this was included in the staff report since the guidelines for the board indicate that the members cannot take into consideration what has been done with other properties. Mr. Muehrer said it was included because it was part of the petitioner’s application. Mr. Penney asked staff if they were convinced this was the least variance required. Mr. Muehrer stated that it was. Motion by Mr. Penney to approve the item as submitted. Seconded by Mr. Wilusz. Board of Appeals Minutes 1 April 9, 2008 Motion carried 5-0. Ayes-Carpenter/Cornell/Penney/Wilusz/Hentz. Nays-None. Finding of Facts : It is the least variance needed. There will be no adverse impact on the neighborhood. It will enhance traffic flow in the area. ITEM II: 2250 S. WASHBURN STREET Ms. Lynn Lorenson, Acting City Attorney advised those in attendance that information was received by the City just prior to this meeting that another party is indicating they hold a lease on the property and the applicant would no longer have the lease rights to the property. The applicant is not present so it has not been verified that they have received this information. She went on to say she did not have time to review the lease prior to the meeting and recommended that the item be laid over to the May meeting. Ms. Hentz asked staff if it will be the first item addressed at the May meeting if it is laid over. Mr. Muehrer confirmed it would be. Motion by Mr. Cornell to lay the item over as recommended. Seconded by Mr. Carpenter. Motion carried 4-0. Ayes-Carpenter/Cornell/Penney/Wilusz. Nays-none. Abstention-Hentz. Ms. Hentz stated she had abstained from voting because she learned just prior to the meeting that she has a business relationship with one of the neighboring properties. Although she was advised by legal counsel that she would technically not need to abstain, she felt it best to avoid the appearance of any impropriety. She went on to say that if the item comes back to the board she will abstain then as well. III: 251 N. SAWYER STREET Gries Architectural Group Inc.-applicant, Morton Properties LLC/Appleton Exchange-owner, request variances to permit the placement of an off-street parking area with a 6’ transitional yard setback and a refuse disposal area with a 10’ transitional yard setback. Section 30-35 (B)(1)(c) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires a 17’6” transitional yard setback for all structures. Mr. Muehrer presented the item. Mr. Jay Johnson, Gries Architectural Group, 500 N. Commercial St., Neenah, was present to provide information and answer questions. He commented that Mr. Muehrer had summed up the situation. The lot is extremely narrow and 25’setbacks from both sides do not leave a whole lot of space to maintain the parking. Once the drive variance was put in to affect 10’ off the property line, it really limited the entire site. It was felt this was the best way to develop the property. Mr. Cornell asked if there were light standards that would affect the neighbors. Mr. Johnson said the all lighting would be full cut off and 0 foot candles are by code so there would be no adverse lighting past the property line to affect the neighbors. Mr. Wilusz stated that in the interest of full disclosure he was having a difficult time granting a variance for Board of Appeals Minutes 2 April 9, 2008 brand new construction. He felt that since it is new construction, by definition the hardship is self-created. He asked if they can take the whole layout and move it to the east a little bit. Mr. Wilusz said the practical effect of moving it east would be that it would take out four stalls from the front. Mr. Johnson said there is a billboard on the site and this has been the biggest problem going forward. Time- Warner Cable has a four year lease on the billboard that is non-negotiable. Dumke Management has tried to buy it out at a larger dollar amount than what is left on the lease but they would not negotiate. The photo on page 14 of the staff report shows the billboard. Mr. Wilusz asked if it was possible to eliminate the two stalls adjacent to the billboard. He questioned if there was some way the whole thing could be pulled over to the east. Mr. Johnson said the drive entrance gets too close to Sawyer St. which was considered a public hazard due to traffic coming in and out of the property, and the drive entrance being too close to the corner of Sawyer St. and Southland Ave. It would eliminate parking in front of the building as well. Mr. Wilusz questioned if this had something to do with the drive entrance. Mr. Muehrer said yes. If they would move the building any further to the east they would run into conflict with narrowing the access drive off of that drive entrance. The driveway from a code stand point could not be moved any further to the east. That is regulated by the access control ordinance which is regulated by the Department of Public Works. Mr. Wilusz said he understood now, and it would mean they would be exchanging one variance for another. Mr. Muehrer said that was correct. Mr. Carpenter asked how long the car dealership had been out of that location. Mr. Johnson said approximately a month. Motion by Mr. Wilusz to approve the item as requested. Seconded by Mr. Carpenter. Motion carried 5-0. Ayes- Carpenter/Cornell/Penney/Wilusz/Hentz. Nays-none. Finding of Facts: It is the least variance necessary. There would be no adverse affect to the neighborhood. The landscaping will be an improvement for the area. Ms. Hentz congratulated Mr. Wilusz on receiving his plaque in recognition of his years of service. There being no further business, the meeting adjourned at 3:50 p.m. Wilusz/Cornell 5-0. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 3 April 9, 2008