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Home My WebLink AboutBZA (variance) - 10/20/08O City of Oshkosh Jackson R. Kinney Dept. of Community Development Director Planning Services Division Dept. of Community Development 7~ 215 Church Ave., PO Box 1130 ~'~ Oshkosh, WI 54903-1130 Darryn Burich (920) 236-5059 (920) 236-5053 FAX Director http://www.ci.oshkosh.wi.us Planning Services Division October 20, 2008 Mr. Ryan Meyers Oshkosh Corp. 2307 Oregon St. Oshkosh, WI 54902 Re: 333 W. 29th Av. Dear Mr. Meyers: On October 8, 2008 the Board of Appeals approved a variance to permit a parking lot with no perimeter curbing. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on October 9, 2008. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on April 9, 2009 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 and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236-5059. Respectfully, ~~. __ Todd M. Muehrer Associate Planner/Zoning Administrator TMM/dff CC: Inspection Services Division, City Hall Chris Murawski, STS, 558 N. Main St., Oshkosh STAFF REPORT BOARD OF APPEALS OCTOBER 8, 2008 ITEM III: 333 W. 29~ AVENUE GENERAL DESCRIPTION AND BACKGROUND STS (Christopher L. Murawski}-applicant, Oshkosh Corporation-owner, request a variance to permit a parking lot with no perimeter curbing. Section 30-36 (E)(4) of the Oshkosh Municipal Code: Off-Street Parking and Loading Facilities requires industrially used parking lots to install a minimum 6" high curb around all parking areas. The subject property is zoned M-2 Central Industrial District and developed with several industrial buildings, storage yards, and off-street parking lots for Oshkosh Corporation. The 81.3 acre parcel is irregular in shape and fronts three public streets (i.e. Hughes Street to the west, W. Waukau Avenue to the south, and W. 29~' Avenue to• the east). The general area can be characterized as industrial. 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 proposing to construct a new employee parking lot in the southwest corner of the parcel near the intersection of W. Waukau Avenue and Hughes Street. The new parking area would provide an additional 189 new off-street parking stalls. As part of the new development, the applicantlowner is requesting no curbing be required around the perimeter of the parking lot. The request is specifically attempting to take advantage of the water quality benefits that a grass lined swale provides for stormwater runoff from the new parking area. The application states filtering the sediment through grass areas is most beneficial when the stormwater sheet flows from the paved area prior to being concentrated by curbing and then discharged by a flume. Erosion is also a concern as the concentrated stormwater discharges from the flume into the swale. According to the applicant, the variance request would not have an adverse effect on surrounding properties due to adjacent properties having parking areas that are uncurbed and would be unaffected. Internal landscape island curbing (and landscaping) is being provided in this development, which complies with the current zoning ordinance standards. STAFF REPORT BOARD OF APPEALS ITEM III -2- OCTOBER 8, 2008 The special condition applicable to the subject lot is the western portion of the existing loading area and building is lower in elevation than the centerline of the existing public road (W. Waukau Avenue). The petitioner states it is not possible to raise the proposed parking lot by six inches for the new curb due to the top of the curb needing to accommodate the storm water runoff from the north loading area. Valuable stormwater storage volume would be lost and a greater potential for flooding would exist by lowering the new pavement six inches. In general, increased flooding potential, minimized storage capacity, and reduced water quality would occur if the variance is not granted according to the application. The Department of Public Works (DPW) was asked to comment on the proposed variance request and its effect on stormwater drainage. Although no formal stormwater drainage plan has been reviewed or approved to date, preliminary discussions with the petitioner have suggested not including curbing along the majority of the south edge of the proposed parking lot appears to have benefits. This is primarily due to the fact that if runoff sheet drains on the parking lot in a southerly direction as proposed, the runoff will enter a drainage swale located along the southern edge of the property and transfer to a stormwater detention pond located to the east of the proposed new parking lot. If curbing is installed in this area, the stormwater flow would be altered and the potential for erosion and other detrimental effects would increase. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance as requested. Sep, 19. 2008 8.43AM No, 2461 P. 2 P1oASe Type ar Prfnt in BLACK INK ~ IZeturn to: Department of Communlty Development 215 Church Ave. °""`""" 1'.0, Box 1130 t7shkoah, WI 54403-1130 ' CITY' OF OS~~OS~1 APPLICATION FOR VARIANCE Please submit a complete ret~roducible site plan (maximum sixe 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. P~ YS N'ON-izRFC71~11)A)3LE. The fee is payable to the City of Oshkosh and due at the time the application is submitted. AddreasofY'arcelAffeeted; 333 W. 29th Avenue Petitioner: STS - Christopher L. Murawski,P.E. Home Phone: 920-582-4490 1'etitioner'sAddress: 558 N, Main Street, Oshkosh, WI Virarkphane: 920-236-6714 Signature Ttequired; Date: 9 -19 - 0 8 Owner (rf nat petitioner): Oshkosh Corp . - Ryan Meyers Home Phone: Owner's Address: 230 regon Street, hkosh, WI 'VVorkplio»e:920-235-9151 ex 22962 Signature lEiequired; Date: 9 -19 - 0 B In order to be granted a variance, each applicant must Idle to prove that an unnecessary hardship would be created if the variance is not granted. The bw~den of proving an unnecessary hardship rests upon the applicant, The attached sheet pt•ovides infonmation on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the infortation -•equested. Additional information may be requested as needed.) 1. Pxplain your proposed plans aatd Why you are requesting a variance: The_proposed_plan._is-to-co~.st~u•ot-a-new-emp-l-ogee-par-king lat;-a~t-t;.he northeast corner ot: Waukau Avenue and Hughes Street. The new parking lot will provide an. additional 189 new parking stalls, reducing parking congestion. The variance being requested is to waive the perimeter curbing as required by the Off-Street Parking and Loading Facilities Zoning Ordinance Section 30-36. This request ie being submitted in order to take advantage of the water quality benefits that the grass lined Swale can provide for storm water runoff from parking areas. _ Filtering the sediment through grass areas is mast beneficial when the storm water sheet flows from the pavement prior to being concentrated by curbing and then discharged by a flume. >rrosion is also a concern as the concentrated storm water discharges from the flume into the Swale. ~I 3 , A fAl~ 2. Describe how the variance would not have an adverse effect on surrounding properties: The adjacent properties have parking areas that are uncurbed and would be unaffected by granting this variance. Internal island curbing and landscaping is being provided as part of this development which-exceeds past requirements for manufacturing facilities and remains in conformance with the new Off-Street Parking and Loading Facilities Zoning Ordinance. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: The special conditions that exist for this site include that the western portion of the existing loading area and building is lower in elevation than the centerline of the existing public road. It is not possible to raise the proposed parking lot by a half foot for the new curb because top of curb needs to accommodate the storm water runoff from the north loading area. By lowering the new pavement a half a foot valuable storm water storage volume is lost and a greater potential exists of flooding the new parking area during larger storm events. It is not possible to lower the pond because of the elevation of the storm sewer in the ROW. 4. Describe the hardship that would result if your variance were not granted: If curbing is required the risk due to floodin is increased due to the flumes in the curb line would need to be lowered to direct the water to the swale. Not only would a half foot of storage be lost by lowering the pavement to allow for the curbing but an additional foot would be lost to direct the storm water along the curb towards the flume. The storage volume from the pond and swale would be transferred to the parking area. Due to the elevation of the public storm sewer, storage would be lost and increasing the potential to flooding in the parking areas. Water quality benefits would also be lost to remove sediment by filtering the water through the grass prior to concentrating it along the curb. Greater velocities would be reached as water exited the flumes increasing the potential of scouring and erosion. 4 0 V 4 ~;a e ;;; ~ N ~g ~ ~~. c°o Z `0 O '- NISNOOSIM'HSONHSO d0 JU.10 3f1N3A`d f1~1fIdM 1Md'id 1S3M N011~1LIOdZl00 HSO~IHSO N'd'ld 1f10.1Y1311S ~ ~ ~ ~ ~~ ~ ~ ~ ~~~ ~ ~ ~.~ R ~~~ ~~ ~~~~~ ~ ~~~' R ~E ~~ ~a ~~ ~ ~~ ~~B ~! d ~~ n, '~ a ~ ~ ~~ ~~ ~~~ ~§~ ~~~. ~~~~ ~~ ~~~ ~~ ~~ ~ ~~ ~~~ ~~~~~~ $ ~®,~®~ a • :: I ~~m~~~ ~~~~~~~~~~~ -' ~ , lll~l~~l . . ~~ ~~ ~, ~ ~ ~ ~~ ~~ .~~\ m °s ~ °' N O O A O $ •1 ~ ~ $ $ V ~ ~~ ~~ ~~ ~ ~~ ~iix (~~EE ~ ~4EEE r ~~ ~n ~ , ~R41t 1011 Y7MVOtID M pMlOl ~OL/R/~ WPIY~ILEC~00W~M~Y ~^PA OVA 333 W 29TH AV BOA: 10-08-08 MILLER EUGENE H 2573 OREGON ST OSHKOSH WI 54902 7129 RE 2703 OREGON ST & VACANT LOT WTS PROPERTIES LLC 2415 NOEL CT OSHKOSH WI 54904 RE 2665 OREGON ST THOMA PAUL/DARRELL/STE 5254 SAMERS BAY RD OMRO WI 54963 RE 2815 OREGON ST & VACANT LOT W-M INVESTMENTS LLC PO BOX 44326 MADISON WI 53711 0326 RE 2855 OREGON ST COOPER JANELLE GOETZ DIANE 2819 HUGHES ST OSHKOSH WI 54902 OSHKOSH CORPORATION PO BOX 2566 OSHKOSH WI 54903 2566 RE 300/370 W WAUKAU AV/333 W 29TH AV/2307/3231 OREGON ST KINGSBURY INC PO BOX 2526 OSHKOSH WI 54903 2526 RE 455 W WAUKAU AV SCHLOESSER JACK W PO BOX 2443 osxxosH WI 54903 2443 RE 555 W WAUKAU AV TOLLROGE PROPERTIES LLC 3125 MEDALIST DR OSHKOSH WI 54902 7121 JBWC PROPERTIES LLC PO BOX 2825 OSHKOSH WI 54903 2825 RE 3031 OREGON ST WINNEBAGO COUNTY AIRPORT PO BOX 2808 OSHKOSH WI 54903 2808 RE 525 W 20TH AV/WAUPUN RD/HUGHES ST/KNAPP ST/W WAUKAU AV HOFFMAN JAMES H 934 STARBOARD CT OSHKOSH WI 54901 RE 2607 OREGON ST LIESKE JOHN A 2721 OREGON ST OSHKOSH WI 54902 7133 RE 2711 OREGON ST POESCHL JR/J POESCHL THOMAS J 495 W WAUKAU AVE OSHKOSH WI 54902 7106 STS ATTN CHRIS MURAWSKI 558 N MAIN ST OSHKOSH WI 54901 6 e / ~ L~=7 i I ~ '1, % I i I ~^ , f i i i i i o i i i i ® i 1° I / r ® ` ~/ I ~\ / ~ ~ i ~ j' _ i ~ 1 i 4 ~ ti > !~ i ~ - ~ % X -~ ~~ i ~ ! _~ ! ®' I ® ~~'~ ~ ~ .. '~ ,•' ,~ % ® i ! • . ' ' I 1 ! y ~ b ~ ; •. '. i ~ I ~7 i ~~ F~~~<. '~ y 1~~~ ~ ~ ,~ i \~ / I i ~ ~ I ~~ i ~ t ~~ / ~ r ~ , ~ k' ~ i I . i ' ''emu>><xk " ~ ~ I ~ ~ _ I ~ I i ~ x ~ ,I, r i __ i J ~ -~ I i I ! i i _ ~ . ! I ~ ~ ~~ I % I I ~: I i % ~5,^ ~ ~ j I e I i ~\ ~ o i -~ ~ vY.-PDRI#vE:-~_._.y ~ r ~ _ . ~~ i ~ I ~~ ® ~ i i i i ! i ~ i Y ~- i ! i ~~ I i i ' Kx i - k i "~ +t `~ j ~ r i i k i ~ i ~~ i i i i ~ i - I i i ! ! I - J I ® f_" ` ~ ~ f ~. f i ItiZ~ i _ i I i ~ i ~I i I~ I ~® 4 -- I ® ® ~ DISCLAIMER (/ ~) This map Is neither a legally recorded map nor a survey and It Is nat Intended to be used as one. 333 W 29TH AV \~f ~T This drawing Is a compilation of records, data d i f i l d ~ ~ ~~ 1V an orrnat n on ocate in various city county and state offices and other sources affecting the area shown and It is to be used for reference purposes only. The City of Oshkosh Is not re- a~ n+e wren City of Oshkosh sponsible for any Inaccuracies herein contained. Department Of If discrepancies are found, please contact the City of Oshkosh. - Scale. 1 " - 600' Community Development Created by - dff ~9~29/O$ 7 U ~ ~~y ~{ °' ~.LJ o a U 8 TRL. -LAKE W~ ~' WINNEBAGO Z Z M- `"~ Z A~ o 4 SUBJECT s SITE ~o. M- N - RO. v~~ - - WITTMAN RD.• ~ CIMA y M-3 LAPP AVE.` d~~\ ~ ~ AUDREY LN' P G~' W • 28TH AV Z O QJ' Z O ~ Z < J ~ h O ~ < Q ~gy O L~ BEACHCO ~.X a E ~ y c9 a ~ ~ Y o o~ SJ~ o o W U Z GALATIN AVE.` ~ ~ T ~ M-2 °T. AVE. A KILPS AF/E.• ~ " TORIA C CELEBRATION ~ ~ ~, TLE T W. RD VERN AVE ~ ID LN. w '" p W. 34TH AVE. = JOHNSON w i M AVE JURKINS ~ ~ LN. o LL W W Z ~~ ~ W.3 AVE. pAR OAKLAND LN. ~ m JQJ ~ CT. ECHO RES F ~~ W ELLE DR. TALBOT LN < T F EOOE LN 3 ~ g - ~c~ DISCLAIMER n This map Is neither a legally recorded map nor ~,,~ a survey and it is not Intended to be used as one. ~T 333 W 29TH AV This d i i il b ~ ~~ raw ng s a comp at n of records, data l~ and Information located in va i it t r ous c y, coun y °" nie w"TE" and state offlees and othe ff tl r sources a ee ng the area shown and k Is to be used for reference Clty Of OShkOSh rposes onlyyThe City of Oshkosh Is not re- ~ r s nsibleforan inaeeuraelashereincontalnea. Department of - I If discrepencles are found, please contact the Community Development SCaIe: 1 - 1500 City of Oshkosh. Created by - dff 09/29/08 8 DISCLAIMER This map is neither a legally recorded map nor a survey and it Is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff 333 W 2~TH AV Scale: 1" = 600' 0 N O.IHKOlH ON TXE WATER City of Oshkosh Department of Community Development 09/29/08 9 Attachment to BOA Packet 10/08/08 333 W. 29~' Avenue ~~.~- 10 View of subject parcel looking northeast View of subject parcel looking north Attachment to BOA Packet 10/08/08 333 W. 29~' Avenue View of subject parcel looking west 11