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HomeMy WebLinkAboutMINUTES BOARD OF APPEALS MINUTES May 13, 2009 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Edward Wilusz EXCUSED: Cheryl Hentz, Mark Nielsen STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Kathleen Fredrick, Recording Secretary Vice-Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of April 8, 2009 were approved. Carpenter/Cornell 4-0. ITEM I: 1836 MINNESOTA ST James L. Vaughan-applicant/owner, requests a variance to permit a driveway with a 0’ side yard setback. Section 30- 36 (B)(1)(b)(i) of the Oshkosh Municipal Code: Off-Street Parking facilities requires single family residential driveways to be setback a minimum of 6” from a side lot line. Mr. Muehrer presented the item and distributed photos of the subject site. The petitioner is proposing to reconstruct the subject property’s driveway in order to properly drain storm water away from the principal structure. Since the driveway provides shared access with 1842 Minnesota Street via a singular curb cut, a 6” setback variance is needed in order to reconstruct the driveway with a 0’ side yard (south) setback. Mr. Muehrer explained that if the variance is approved, the driveways at 1836 and 1843 Minnesota Street would not be shared as 1836 Minnesota Street would be a formal driveway with an 8’ approach and 1842 Minnesota Street would be a formal driveway with an approach of a little more of 9’. City staff is repealing the condition that a shared driveway easement be recorded should the variance be approved. Mr. Muehrer also noted that the City of Oshkosh Planning Services Division received a phone call from Jason Neitzel, owner of the property at 1832 Minnesota Street, stating that he wasn’t able to attend the meeting but has no objections with the variance request and is supportive of the reconstruction of the driveway. Mr. James L. Vaughan, 1836 Minnesota Street, was present for the meeting and wanted to express to the Board that Mr. Muehrer did an excellent job in his presentation and made the process less complicated. Mr. Cornell asked Mr. Vaughan if he had any disputes with the neighbors at 1842 Minnesota Street regarding the driveway. Mr. Vaughan answered no. Mr. Penney asked who owned the property at 1842 Minnesota Street. Mr. Vaughan replied that Pie Investments owns the property and uses it as a rental property. Motion by Carpenter to approve the request for a variance to permit a driveway with a 0’ side yard setback. Seconded by Wilusz. Motion carried 4-0. Finding of Facts: Hardship due to size of lot. Unique situation. Board of Appeals Minutes 1 May 13, 2009 ITEM II: 1965 S. WESTHAVEN DRIVE Terrance E. Henkel-applicant/owner, requests a variance to permit an uncovered parking space alongside a garage to be 7’4” wide. Section 30-36 (C)(1)(b) of the Oshkosh Municipal Code: Off-Street Parking Facilities requires an uncovered parking space to be a minimum of 9’ wide. Mr. Muehrer presented the item and distributed photos of the subject site. The petitioner is proposing to construct a concrete uncovered parking space on the south side of the existing attached garage to store a fishing boat. Mr. Muehrer noted that several neighboring property owners have written letters to the City of Oshkosh Planning Services Division in support of this variance request. Mr. Terrance Henkel, 1965 S. Westhaven Drive was present for the meeting. Mr. Henkel stated he believes this parking space is the best thing for the neighborhood as he keeps his property immaculate and the boat parked in his driveway creates an eyesore. Mr. Carpenter asked if a tree near the proposed site would have to come down. Mr. Henkel replied he is trying to save the tree. Mr. Cornell asked if Mr. Henkel had a problem with the condition of a fence or hedge screen. Mr. Henkel answered no and asked about how to plant a hedge. Mr. Muehrer replied to space the bushes for how big they’ll be a maturity but they must start out at least 5 feet high. Mr. Wilusz wanted to know if Mr. Henkel could fit the boat in his garage. Mr. Henkel answered no. Mr. Penney expressed concern that there was a personal hardship, not a property hardship, in this case. Mr. Carpenter stated he believes the hardship is the issue of the size of the lot, therefore not personal. Motion by Wilusz to approve the request for variances to permit an uncovered parking space alongside a garage to be 7’4” wide with the following condition: The west and south sides of the uncovered parking space shall be screened by a solid fence or dense evergreen hedge not less than 5’ tall. Seconded by Carpenter. Motion carried 3-1. Ayes-Carpenter, Wilusz, Cornell. Nays-Penney Finding of Facts: Improves aesthetics of neighborhood. No harm to public interest. ITEM III: 323 N. SAWYER STREET Richard & Virginia Naslund Rev. Trust-applicant/owner, request variances to permit a solar tracker structure with a 0’ side yard (north) setback and to reduce a parking stall to 17’ in length. Section 30-25 (B)(2)(b) of the Oshkosh Municipal Code: C-2 General Commercial District requires a 10’ minimum side yard setback and Section 30-36 (E)(7)(a) Off Street Parking Facilities requires parking stall length to be 18’. Mr. Muehrer presented the item and distributed photos of the subject site. The petitioner is proposing to erect a solar tracker structure along the north property line within the existing parking lot. The proposed unit would be 13’ x 17’ (221 square feet) and supported by a monopole measuring 2’ in diameter with a 12’ clearance. The overall height of the structure will be 25’. The monopole is proposed to be placed in between the middle parking rows where the Board of Appeals Minutes 2 May 13, 2009 northernmost two stalls abut one another. In addition to the setback and reduced stall length variances being requested, a conditional use permit will need to be applied for and granted by the City of Oshkosh Common Council prior to the unit being installed. Mr. Richard Naslund, 729 N. Washburn Street, was present for the meeting. He believes the solar tracker unit would provide a renewable energy source utility that would be sold to Wisconsin Public Service. He also stated the proposed placement within the setback is needed because of safety, cost issues, and aesthetics. Mr. Naslund said he is worried that if he can’t put the structure where he is proposing, plowing snow would be difficult. Mr. Carpenter asked Mr. Muehrer to clarify what the Board is voting on i.e., the existence of the structure or the placement of the structure. Mr. Muehrer replied the Board’s decision is in regard to the placement of the structure for setback and the reduction of the parking stall length. Mr. Wilusz asked if the structure could be placed on the roof top. Mr. Naslund replied yes, but it wouldn’t attract the attention he wanted from the roof. He added that it wouldn’t be cost effective to put it on the roof. Mr. Penney asked if there were additional sites that the State of Wisconsin chose as ideal for this solar tracker. Mr. Naslund replied there were several areas by the sidewalk that could accommodate the tracker, but due to setback requirements and the aesthetics from not being visible from Sawyer Street he does not favor them. Mr. Carpenter asked why it would cost more to have the structure moved out farther into the parking lot. Mr. Naslund answered that where he is proposing to the put the solar tracker runs directly in line with the LED sign. Electrical lines for both are in the same spot. Mr. Cornell asked Mr. Naslund if the structure could be placed on an island in the parking lot. Mr. Naslund replied that an island would reduce parking stalls. Mr. Robin Cardell, 803 Waugoo Ave, is an electrician for Mr. Naslund. He stated, in his opinion there would be a shadow from an existing utility pole if the structure was placed out farther in the parking lot. Solar trackers work more effectively in open areas away from signs, poles, etc. that could cast shadows. He also stated that the tracker is more aesthetically pleasing at the site proposed. Mr. Carpenter asked if the tracker was placed farther into the parking lot would it block the signage of tenants in the strip mall. Mr. Naslund stated that the tracker height would be above the fascia of the building and would not affect the signage of tenants. Mr. Penney explained to Mr. Naslund that the Board does not try to find ways to deny variance requests. Mr. Wilusz added that the Board of Appeals must abide by the procedures and regulations set forth by the State of Wisconsin. The Board was in agreement that the solar tracker is a great idea, and discussed if there were convincing arguments to grant the variances. Board of Appeals Minutes 3 May 13, 2009 Motion by Wilusz to deny the variance request to permit a solar tracker structure with a 0’ side yard (north) setback and approve the variance request to permit a parking stall to be reduced to 17’ in length. . Seconded by Penney. Motion carried 3-1. Ayes- Penney, Wilusz, Cornell. Nays-Carpenter Finding of Facts: Reduced parking stall length. Least variance required. No harm to public interest. DISCUSSION OF BOA PROCEDURES Mr. Carpenter is concerned about enforcement of variance approvals. Mr. Muehrer explained there isn’t enough man power but city staff does its best to enforce ordinances. He encouraged board members to call City Hall if they encounter code violations. Mr. Penney’s prospective candidate for the Board no longer has interest in becoming a board member. th Mr. Muehrer reminded the Board that the June 10 meeting is the reorganization of the Board. Mr. Wilusz is concerned about what he feels is inconsistency in some of the Boards’ decisions and asked if the Board could meet with the city attorney to get a “refresher” on policies and procedures. Mr. Muehrer said he would talk to the city attorney and arrange a time to meet. There being no further business, the meeting adjourned at 5:03 p.m. (Cornell/Carpenter). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 4 May 13, 2009