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HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES February 11, 2009 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Mark Nielsen, Cheryl Hentz EXCUSED: Edward Wilusz STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Deborah Foland, Recording Secretary; Kathleen Fredrick, 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 January 14, 2009 were approved as presented. CornelUCarpenter 5-0. ITEM I: 310 W. IRVING AVENUE Thomas Wagner-applicant/owner, requests a variance to permit multiple commercial identification signs in a residential zoning district. Section 30-37 (F)(1)(a) of the Oshkosh Municipal Code: Sign Regulations does not permit commercial identification signage in a residential zoning district. Mr. Muehrer presented the item and distributed photos of the subject site. He stated that this item was laid over from the November 12, 2008 meeting until the December 10, 2008 meeting where the variance was denied 1-4. He also stated that Mr. Wagner did not attend either of the previous meetings. In June of 2008 the property owner was granted a conditional use permit to re-establish a legal non-conforming professional office at the subject property. The conditional use permit did not include any provisions for signage at the property. A complaint was made to the City in September regarding signs that were erected without a valid permit. A correction notice was issued to the property owner for compliance. The petitioner is purposing to erect a 3'x5' internally illuminated wall sign, and a 2'x4' non-illuminated wall sign on the south facade facing W. Irving and likewise, another 3'x5' internally illuminated wall sign and a 2'x4' non-illuminated wall sign on the west facade facing Jackson St. Mr. Muehrer read into the record a fax sent by Hans Buehler, owner of the adjacent property at 304 W. Irving Ave. Mr. Buehler stated he has no objection to allowing the variance for multiple commercial identification signs on Mr. Wagner's building. Tom Wagner, 310 W. Irving Avenue, was present for this meeting and apologized for not attending the previous meetings. He stated that using a less intense light bulb in the signs would not be an issue should the variance be approved. It is the understanding of Mr. Wagner that signage can cover 10% of the wall on a commercial building and since the purposed signs are under that limit they meet that obligation. Mr. Wagner believes without the purposed signs it will be hard for his customers to find his business. Michael P. Foerster, 914 E. Irving Ave., works as an independent insurance agent for Mr. Wagner. He also stated that without signs he feels it's difficult for customers to find this property. It is located at a busy intersection and they often use the wrong driveway off of Jackson Street, which is a rental property, instead of the driveway on Irving Ave. Board of Appeals Minutes 1 February 11, 2009 NIr. Wagner requested that if during tax time (January through April) the lights could be turned on until 10:00 p.m. Board members discussed whether the signs would be physically located in the windows of the building and it was clarified that the signs would be located physically on the exterior wall and that "internal" meant inside the sign not inside the building. NIr. Carpenter asked if there is a connection between NIr. Buehler (304 West Irving Ave) and NIr. Wagner. NIr. Wagner stated that there isn't a business relationship; they only share the parking lot. NIr. Wagner doesn't own the parking lot but he does maintain it. Ms. Hentz asked how much time the applicant would have to bring the foot candles into compliance if the variance was approved. NIr. Muehrer said that he would have to confirm with the Planning Director, but the applicant would not be able to turn on the signs until the proper foot candle readings are obtained. NIr. Cornell questioned the importance of a lit sign. NIr. Wagner responded that a lot of customers come in for appointments at night and they need to able to see where the office is located. He feels that customers cannot read the address numbers on the building if they aren't familiar with the area. NIr. Foerster stated that sometimes he has customers in his office until 10:00 p.m. and a lit sign would be beneficial for them to find the building. It would also benefit the elderly. Karla and Harmon Seaver, 651 Jackson St., stated they are opposed to the variance. This is the third meeting they've attended on this issue. NIr. and Mrs. Seaver feel that light pollution deteriorates their neighborhood. They are not adverse to the business being there, only the signs. NIr. Seaver had the understanding from the December 12th meeting that NIr. Wagner was to remove the existing sign and start over with a new design. Ms. Hentz replied that was not the case. NIr. Wagner was told he could not have his sign turned on and to her knowledge he has complied with that order. The Board discussed and clarified that they were voting on two lit signs and two non-lit signs and where the signs would be located. It was noted the previous business, a chiropractic office, did not have lit signs and was very successful. Also, the property is located on the edge of a historic district and the signs would not mesh with the surroundings. The argument was made that the sign would only by lit until 8:00 p.m. excluding January through April. Therefore, it wouldn't be detrimental to the neighborhood. That prompted a modification in the verbiage of the condition recommended by staff to read that the signs can only by turned on from 8:00 a.m. to 8:00 p.m. Motion by Penney to approve the request for a variance to permit multiple commercial identification signs in a residential zoning district with the following condition: 1. The illuminated signs can only be turned on during the hours of 8:00 a. m. to 8: 00 p. m. Seconded by Cornell. Motion denied 2-3. Ayes-Nielsen/Penney. Nays-Cornell/Carpenter/Hentz. Board of Appeals Minutes 2 February 11, 2009 ITEM II: 301 N. SAWYER STREET Mary Mettler, Green Bay Sign & Design, LLC-applicant, Richard/Virginia Naslund Rev. Trust-owner, request a variance to permit a ground mount sign with a 7'6" front yard setback. Section 30-25 (B)(2)(c) of the Oshkosh Municipal Code: C-2 General Commercial District requires a 25' minimum front yard setback. Ms. Hentz stated that she has a professional relationship with the owners/applicant and although she will participate in the discussion, she will abstain from voting. Mr. Muehrer presented the item and distributed photos of the subject site. The property currently features a legal con-conforming ground mount sign with a 5' front yard setback. The petitioners are proposing to modify the existing sign by adding a 10'x2'8" double sided message center sign on top of the existing structure. However, according to the applicant the existing footings are under engineered and cannot support the additional weight. Subsequently, the petitioners are proposing to pour new footings and move the existing sign structure an additional 2'6" further back from its current location. Mary Mettler, 2803 S. Packerland Drive, Green Bay, Wisconsin was present and stated the current sign is under engineered. She feels it is very responsible of the owner to replace the footings at his cost to make the situation safer. The addition of the message center to the existing sign would still be in compliance with the height and square footage for the sign. She also stated that the signs of nearby properties are all in the same line, so to have one sign placed at a 25' setback would be inconsistent in this area. In addition, Green Bay Sign & Design constructed the sign at Morton Pharmacy located up the street which has the same set back as they are proposing. Mr. Cornell stated that although moving the sign back would take up more space in the parking lot it wouldn't be detrimental as it is a large parking lot. Board members discussed and questioned Ms. Mettler relative to the message board and how it works. Ms. Mettler replied that the sign would meet city code requirements, but at this meeting she is specifically asking the Board of Appeals for a variance to move the sign over and put in new footings. Mr. Cornell recalled the Board approving a similar variance for Morton Pharmacy because it was safer for the sign to be nearer to the street rather than at the 25' setback. Mr. Carpenter added the new footings made common sense. Mr. Cornell asked Ms. Mettler if the condition of adding a planting bed would be a problem. Ms. Mettler replied, no. Motion by Cornell to approve the request for a variance to permit a ground mount sign with a 7'6" front yard setback with the following condition: 1. A planting bed (no less than 9'x18' in area) featuring low-level plantings shall be included around the sign base. Seconded by Carpenter. Motion carried 4-0-1. Ayes-Cornell/Nielsen/Penney/Carpenter. Abstentions- Hentz (business relationship with applicant/owner). Board of Appeals Minutes 3 February 11, 2009 Finding of Facts: It is the least variance necessary to improve the situation. No harm to public interest. New footings will make it safer. ITEM III: 440 W. SOUTH PARK AVENUE Tom Donovan-applicant, St Jude Catholic Parish-owner, request variances to permit two parcels with less that 60' of lot width and to permit a detached garage in a front yard. Section 30-19 (B)(1)(a)(i) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires lot width to be 60' minimum and Section 3-1 (A)(2): Definitions requires accessory structures to be located in the rear or side yard. Mr. Muehrer presented the item and distributed photos of the subject site. The petitioners are purposing to divide the current single parcel into four separate parcels. Under the proposed scenario, Lot 1 would become an irregular shaped parcel and have double frontage on both W. South Park Avenue and W. 12th Avenue. The existing vacant church would be converted into a single family residence and a portion of the former church parking lot would be reconfigured to include increased green space, three open off-street parkinu~ stalls and a proposed detached garage. The proposed detached garage would be located 91' from the W. 12t Avenue front yard property line. A variance is required because by definition of the zoning ordinance this area is considered a front yard due to its double frontage. Lots 2 and 3 would become rectangular-shaped parcels and front W. 12th Avenue. Both of the parcels would be 10' short of the width required by the zoning ordinance and would need variances. Although proposed Lots 2 and 3 currently serve as an asphalt parking lot for the church, the existing asphalt and access drives would be removed and the vacant lots would be required to be seeded with turf grass until developed. Lot 4 would become irregular in shape and front W. South Park Avenue. The existing parsonage facility and detached garage would remain where they are and continue to be used as a single family residence. Tom Donovan, 1025 W. 5th Avenue, was present and stated he wanted to clarify that St. John's Catholic Parish merged with St. Jude Catholic Parish in June, 2007 and is now operated under the name of St. Jude Catholic Parish. He also wanted to clarify that the prospective buyers are proposing the detached garage to be constructed after they close on the property which will hopefully be at the end of February. Mr. Cornell asked Mr. Donovan if he knew why the proposed buyers want three off-street parking stalls. Mr. Donovan did not know. Mr. Cornell questioned whether the three off-street parking stalls in addition to the garage meant the property could be changed from a single family residence to potentially a multiple unit rental property. Mr. Wagner stated the property is intended to be used as a single family residence. Mr. Muehrer made clear that the residence could only be converted at most to a two family dwelling. He speculated that with the long, narrow driveway of the property the parking stalls would give more flexibility and maneuverability. Mr. Muehrer further explained that since the detached garage is only a proposal to be constructed in the future, the conversion of the church to a single family residence would require the buyers to have a minimum of two parking stalls. Board of Appeals Minutes 4 February 11, 2009 Mr. Penney questioned why the variance was being requested if St. Jude's isn't constructing the garage. Mr. Muehrer explained that the main variance request is for the two additional parcels. The variance to permit the proposed garage is a courtesy to the buyer. They will have six months to pull the permit to build the garage. Mr. Donovan added the variance request also applies to the church and rectory as they are on one parcel and need to be divided. St. Jude Catholic Parish plans to sell the rectory as a single family residence in the future. Mr. Carpenter inquired if there would be a need for future variances for the two proposed 50' lots. Mr. Muehrer replied that typically, 50' lots usually have a detached garage which require less set back. Also, the majority of the lots in this area are 50' wide as it is an older urban core. There should be enough flexibility in the lot dimensions that the owners of proposed lots 2 and 3 would not have to come back to the Board of Appeals for variance requests. Kathy Berger, 237 W. 12th Avenue, asked if the structures built on the proposed vacant lots would be one or two family residences. She is worried about more rentals in the neighborhood. Mr. Muehrer answered that although R-2 zoning allows for two family developments, typically two family structures require more set back. If a two family structure were to be built on the proposed lots it would need to be reviewed by the Board. Generally, only single family dwellings are constructed on parcels of this size. Ms. Berger expressed concern regarding the school located on W. 12th Avenue which St. Jude Catholic Parish also owns. She questioned if the Board approves this variance request would it automatically include the school. Mr. Muehrer replied that the variance request is specifically for St. Jude's Parish at the subject parcel only. Thomas Berger, 446 W. 12th Avenue, wanted to know if there was a time line for the two asphalted lots to be seeded. Mr. Muehrer indicated the lots would need to be seeded within twelve months of the permit issuance. Mr. Donovan clarified it was the intention of St. Jude's to have it done immediately. The bids are in place and they are waiting for spring. Mr. Berger also expressed concerned that the three off-street parking stalls and the size of the dwelling will lead to a multiple rental unit. Mr. Muehrer replied that this was not in the Board's purview and reiterated that the garage is only proposed. The requirement for a minimum of two parking stalls would still exist if the garage is not built. Motion by Nielsen to approve the request for a variance to permit two parcels with less than 60' of lot width and to permit a detached garage in a front yard as requested. Seconded by Penney. Motion carried S-0. Board of Appeals Minutes 5 February 11, 2009 Finding of Facts: No harm to public interest. It is the least variance necessary. DISCUSSION OF BOA PROCEDURES The Board briefly discussed if there is any interest from the public regarding the vacant board member position. There are no applicants at this time. Mr. Carpenter had questions regarding time lines after a variance is granted. Mr. Muehrer explained that once a variance is granted, the applicant has six months to apply for a permit in order for the variance to remain valid. To the best of his knowledge, Mr. Muehrer stated that once the permit is issued, the applicant has twelve months to complete the project. If the permit expires before the project is completed the applicant would have to renew the permit. If the permit is not renewed it becomes an enforcement issue and citations could be issued. Mr. Nielsen will not be at the March 11, 2009 meeting. There being no further business, the meeting adjourned at 4:48 p.m. (Penney/Cornell). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 6 February 11, 2009