HomeMy WebLinkAbout09-102APRIL 14, 2009
09 -102 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE PLANNED DEVELOPMENT AMENDMENT TO
PERMIT WALL SIGNS FOR A COMMERCIAL BUSINESS IN
A RESIDENTIAL DISTRICT AT 310 WEST IRVING AVENUE
INITIATED BY: GLENN STEINBRECHER & THOMAS WAGNER
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Common Council previously approved a planned development to
allow the continued use of a commercial building within a residential district at 310 West
Irving Avenue; and
WHEREAS, the owners desire to amend the development plan to install four unlit
wall signs, per the attached.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the planned development amendment at 310 West Irving Avenue is
hereby approved to permit installation of 4 unlit wall signs, per the attached.
0
OYHKOf
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kim y
Director of Co ity Development
DATE: April 9, 2009
RE: Approve Planned Development Amendment to Permit Wall Signs for a
Commercial Business in a Residential District at 310 West Irving Avenue
BACKGROUND /SUBJECT PROPERTY
The subject property is a 0.13- acre /6000 square foot parcel of land located at the northeast corner
of Jackson Street and West Irving Avenue. The existing office was developed in 1978 in
conjunction with an adjacent residential structure to the east and received a variance through the
Board of Appeals allowing a "professional building" within an R -5 Multiple Family District. A
variance was also granted to permit a wall sign in a residential zoning district for identification of
the office use. The building has since been vacated and a new conditional use permit was
granted in June of 2008 for a new office use on the site. The new owner had applied for a
variance to the Zoning Code to allow illuminated wall signage on the property but was denied by
the Board of Appeals both in December of 2008 and February of 2009.
ANALYSIS
The property owner is proposing to erect four commercial identification signs, (two on the south
fagade facing West Irving Avenue and two on the west fagade facing Jackson Street). Since the
property is located in a residential zoning district, commercial signage is not permitted by -right
and requires a base standard modification to be allowed. The proposed signage on both facades
appears to be reasonable in terms of scale and aesthetics and is not to be illuminated. This
should address traffic safety issues that could develop with customers attempting to locate the
businesses on high - traffic, arterial routes without creating visual or audible nuisances in a
residential area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its April 7, 2009 meeting.
Approved,
a.
Nw-
.
City Manager
ITEM: DEVELOPMENT PLAN REVIEW FOR WALL MOUNTED SIGNAGE AT 310 WEST
IRVING AVENUE
Plan Commission meeting of April 7, 2009
GENERAL INFORMATION
Applicant: Glenn Steinbrecher & Thomas Wagner
Property Owner: Thomas Wagner
Action(s) Requested:
Development Plan approval: The petitioners are requesting approval to install a total of four unlit wall signs
on the existing office building at 310 West Irving Avenue.
Applicable Ordinance Provisions:
This site is regulated by the Section 30 -19: Two - Family Residence Zoning District as well as Resolution 01-
58, which established a Conditional Use /Planned Development Overlay District upon properties located in the
Wisconsin Street/New York Avenue/Irving Avenue/Division Street Area. General standards for the Planned
Development Overlay District are located in Section 30 -33 (E) of the Zoning Ordinance.
Property Location and Background Information:
The subject property is a 0.13- acre /6,000 square feet parcel of land and is located at the northeast corner of
Jackson Street and West Irving Avenue. The existing office was developed in 1978 in conjunction with the
two- family residential structure adjacent to the east, addressed as 304 West Irving Avenue through a Board of
Zoning Appeals granted use variance allowing a "professional building" within an R -5 Multiple Family
District. In conjunction with the use, the Board of Appeals granted a variance in 1982 to permit one 9 square
foot wall sign in a residential zoning district for identification of the office use. In 2001, the City Council
approved a rezoning of a 16 block area from said R -5 Multiple Family District to the R -2 Two - Family District
with Planned Development Overlay, which included this parcel. Subsequently, the chiropractic office vacated
the building approximately two and one half years ago removing the nonconforming use and a new
Conditional Use Permit/Planned Development for professional office use was granted in June 2008.
In September 2008, a complaint was filed with the Department of Community Development that overly
illuminated signs had been erected at the subject property without a permit. The illegal sign installation and
excess illumination levels were confirmed by staff. The property owner applied for a sign area variance to the
Zoning Code in November 2008, which was denied by the Board of Appeals in December 2008. The property
owner applied a second time with the identical request in February 2009, which was also denied.
Subject Site
Commercial/Office R -2PD
Adiarent i.nnd Rqe. and Znnin¢
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North
Residential (Two-famil
R -2PD
South
Residential (Two-family)
across W. Irving Ave.
R -2PD
East
Residential (Two-famil
R -2PD
West
Residential (Single famil y)
across Jackson St.
R -2PD
ANALYSIS
The property owner is proposing to erect four commercial identification signs (two on the south fagade facing
West Irving Avenue and two on the west fagade facing Jackson Street) on the existing principal structure.
However, since the property is located in a residential zoning district, commercial identification signs are not
permitted by- right. Attempts to receive relief through the City Board of Appeals have failed based on inability
to prove hardship and the petitioner is now attempting to receive a Planned Development base standard
modification for signage, modified from previous requests by the removal of the signs illumination.
The petitioner is proposing one 3'x 5' (15 square feet) non - illuminated wall sign (display to read "Oshkosh
Insurance Services ") and one 2'x 6' (12 square feet) non - illuminated wall sign (display to read "Garcia's Tax
Service ") on the south fagade facing W. Irving Avenue and the same on the west fagade facing Jackson Street
(see attached photos) for a total of four signs equaling 54 square feet of total signage on the building. In
general, the proposed signage on both the south and west facades appears to be reasonable in terms of scale
and aesthetics, especially taking into account that the signs are not proposed to be illuminated. The total
proposed south fagade signage would cover approximately 6% of the supporting wall area (27 s.f. of sign area /
488 s.f. of wall area), while the total west fagade signage would cover approximately 10% of the supporting
wall area (27 s.f. / 256 s.f. of wall area), which is consistent with the regulation governing the City's
neighborhood business district.
Staff feels a unique set of circumstances are in place with this request as it is the only commercially -used
property in the general area. Traffic safety issues could develop for customers attempting to locate the
businesses if appropriate commercial identification signage could not be displayed as the property is located on
high - traffic, arterial routes. However, the need to reasonably limit the type and amount of signage at the
subject property due to the surrounding area being predominately residential is necessary as the purpose of
limiting signage in residential districts is to protect neighborhoods from signs that could create visual or
audible nuisances. Staff is of the opinion that the objective of protecting the residential nature of the area as
well as addressing business identification has been achieved with the limits of the requested signage.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the PD request with base standard
modification for additional signage as requested.
The Plan Commission approved of the Planned Development request with the base standard modification for
additional signage. The following is the Plan Commission's discussion on this item.
Mr. Buck presented the item and explained that the site was previously developed for office use in 1978 and a
variance was granted at that time for signage on the parcel. The property has been vacant for approximately
two and one half years and received CUP approval for a new office use in 2008. The owner has since applied
to the Board of Appeals to grant a variance to allow illuminated signage on the site in both November of 2008
and again in February of 2009. Both requests were subsequently denied and the owner is now requesting a
base standard modification to the planned development to allow four unlit wall signs on the structure for
identification purposes. This should alleviate possible traffic hazards on a high - traffic, arterial route with
customers attempting to locate the businesses on the site.
ITEM -310 W Irving Sign_PD
Mr. Bowen questioned if the amount of signage could be split between numerous signs as requested or if one
large sign would be required.
Mr. Buck responded that either option is acceptable.
Ms. Mattox asked if ground signage was considered.
Mr. Buck replied that there would be setback issues for ground signage on this parcel.
Glenn Steinbrecher, 840 West South Park Avenue, stated that he had been in business for 30 years in the
community and has been located in residential areas in the past. He further stated that the site has been vacant
for three and one half years and they have made improvements to the exterior of the building and landscaping
and plan on keeping up a well- maintained site. He commented that they would have preferred an illuminated
sign, but understands that it is not appropriate in a residential neighborhood.
Ms. Propp questioned if the signs would be identical on both sides of the structure.
Mr. Steinbrecher responded that there would be two signs for Garcia Tax Service and two for Oshkosh
Insurance Services, both would be identical, with one on each fagade.
Karla Seaver, 651 Jackson Street, stated that she attended the Board of Appeals meetings and objected to the
illuminated signs. She further stated that she questioned the need for four large signs on the building and was
concerned with aesthetics and the effect this would have on property values in this area. She commented that
the last occupant on this site only had one sign and she felt that the additional signage was more for advertising
purposes than for identification of the businesses.
Ms. Mattox commented that she likes the architectural style of the building and questioned what the signs
would look like and if they would compliment the structure and coordinate with the historic district adjacent to
the site.
Mr. Nollenberger commented that he passes this property every day and has noticed that the site has been well
maintained since the new owner has acquired it.
Mr. Steinbrecher explained that the proposed signage would be constructed of white plastic housing with light
blue lettering encased with a polished silver finish on the edge. The lighting elements for the signs would be
removed.
Commission members discussed if the signage should be required to be more in character with the neighboring
historic district, but concluded that the lack of any guidelines or design standards relevant to aesthetics for
signage in this area made it difficult to regulate the style of signage appropriate. Mr. Thorns also commented
that the insurance sign was the standard emblem the company has used for 40 -50 years for their business and
he was confident that they would want to retain the familiar identity associated with their signage.
Motion by Nollenberger to approve the development plan review for wall mounted signage at 310 West
Irving Avenue as requested.
Seconded by Thoms. Motion carried 6 -0.
ITEM -310 W Irving Sign PD
W nfO-
ON THE WATER
APPLIC� urns 1rX7L lIUA/f A r Tn N
Petitioner:
Petitioner';
❑ Tenant ❑ Prospective Buyer
Telephone #: ( -7?�� Other Contact # or Email:
Status of Petitioner (Please
Petitioner's Signature
Owner's):
Owner(s) Address: AJ
Telephone #: ( ) Fax:
SUBMIT TO:
Dept of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
s /y Date: 3�
City: og/�IV� , 4 State: Lip:
Date: � — 0 ?j
Date:
State: Zip:
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necess to process this application. I also understand that all meeting dates are tentative
and may be postponed by the mgrv�ce Div / n�ow complete submissions or other administrative reasons.
Date: - -7 - - 0,/ ' — V� 9
Property Owner's
Address/Location of Proposed Project: - 75 / 0
..
Proposed Project Type: f/L /
Current Use of Property: / cam 6 '" ,11 - zoning. 2 —
Land Uses Surrounding Your Site: North: rtA D M 7L $
City of Oshkosh Application
Conditional Use Permit
* *PLEASE TYPE OR PRINT USING BLACK INK **
South: +
East: _ cJ M QV-421 I"
West: 0 Alq Al,, d✓W
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE I5 NON - REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/ Community _Development /Planning.htm
Staff Date Rec'M o
3
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands. r rocs 3 *.9 /,V G'
�s.4 s G tiS W l"L L e we &;v s e/ a
2. Pedestrian and vehicular circulation and safety. y �K d G L �� W e.—
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3. N i e, ir, water, or o er forms of en ironm tal pollu on.
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4. The demand for and availability of public services and facilities.
5. Character and future development of the area.
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SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
➢ A narrative of the proposed conditional use and project including:
� . Proposed use of the property
I;X- Existing use of the property
Identification of structures on the property and discussion of their relation to the project
Projected number of residents, employees, and/or daily customers
Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the
nearest one - hundredth of an acre
Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
Surrounding land uses
Compatibility of the proposed use with adjacent and other properties in the area.
Traffic generation
Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
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➢ A complete site plan including:
❑ Two (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8 '/2" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan
❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
❑ Title block that provides all contact information for the petitioner and/or owner, if different
❑ .Full name and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the plan
preparation
• The date of the original plan and latest date of revision to the plan
• A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 " =60') unless otherwise
approved by the Department of Community Development prior to submittal
❑ All property lines and existing and proposed right -of -way lines with bearings and dimensions clearly labeled
❑ All required building setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios,
fences, walls
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
�. ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary
of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance
❑ Location and dimension of all loading and service areas on the subject property
,,-❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan
❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e.
visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC
equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators
L _ 6 4 4 �� 4
Plan Commission March 9, 2009
RE: Conditional Use at 310 W. Irving Ave., Oshkosh, WI 54901
This property will be professional offices (4 offices and one reception area).
Before we purchased this property it was vacant and deteriorating for almost
four years. Prior to that it was used by a chiropractor. The main building
will be the only structure on this location. There will be 4 sales people and
one receptionist working in this office. The sales people will be in office
about 5 hours per day... receptionist approximately 8 hours daily, 5 days a
week, normally 8 am. To 5 pm. Very little, if any night hours. There could
be as few as 6 customers daily, to 12 during tax time -- -04/01 to 04/15/09.
There will be no permanent resident. There is one unit approximately 3 0 X
60 feet, landscaping and parking—see photo enclosed. The only noise
involved in business, is the cars entering and leaving the parking lot.
The two adjacent properties are both poorly kept student houses. I have
been in business more than 30 years in Oshkosh, two locations in residential
areas and 2 in commercial areas. In all of these locations, we have been the
leader to improve the area. Our offices were always the center of
conversation, because of the value we added to the neighborhood. This
property will be the same. We hope some of the neighbors will follow the
leader. With the approval of the signs requested, it would not be nece$sary
to drive slow or stop in traffic to find our office. We believe the permit
request for one unlit professional sign 3 8" on the wall, and one
unlit wood sign 2' X 6' X 3" is a reasonable request. These are
requested for the south side and the west side of the building. The other
choice we have is to put small colored neon signs on the inside windows and
entrance doors. I understand these could even have moving
scenes...i.e.(from the lands of ski blue waters). This is a tacky choice and
would decrease the value of the entire neighborhood. Oshkosh would be a
better place to live, if all businesses would be as concerned as Oshkosh
Insurance Services.
Please issue permit to have 4 unlit signs on property at 310 W. Irving. The
total area of signs is less than 7% of total building area. We have improved
this area a great deal and the signs will not in any way detract or depreciate
the neighborhood.
Thank you, Glenn H. Steinbrecher
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CUP - OSHKOSH INSURANCE VANGYSEL RHONDA J KIMBER /DAPHNE V YOUNG ERIC
310 W IRVING AV 654 JACKSON ST & JEAN M
PC: 04 -07 -09 OSHKOSH WI 54901 691 FRANKLIN ST
OSHKOSH WI 54901
MINT PROPERTIES LLC
1990 IRISH RD
NEENAH WI 54956
RE 701 JACKSON ST
THOMAS DAVID A
705 JACKSON ST
OSHKOSH WI 54901 4320
STEINBRECHER GLENN
840 W SOUTH PARK AV
OSHKOSH WI 54902
BUEHLER HANS A
39825 SUNSET DR
OCONOMOWOC WI 53066
RE 304 W IRVING AV
ADRIAN JOHN /ZENEIDA
722. -W 9TH AV
OSHKOSH WI 54902
RE 709 FRANKLIN ST
ALL AMERICAN VENTURES LLC
PO BOX 1152
OSHKOSH WI 54903 1152
RE 707 JACKSON ST
SEAVER KARLA MARIE
651 JACKSON ST
OSHKOSH WI 54901 4369
FREUDE BRYAN /PETERS RYAN
1285 ECHO IN
GREEN BAY WI 54304
RE 710 JACKSON ST
OSHKOSH INSURANCE AGENCY
ATTN TOM WAGNER
PO BOX 3150
OSHKOSH WI 54903
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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 discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
WALL MOUNTED SIGNAGE
310 W IRVING AV N.
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