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HomeMy WebLinkAboutLetter (BZA/variance) - 06/27/2002 City of Oshkosh Dept. of Community Development JACKSON R. KINNEY 215 Church Ave., PO Box 1130 Director Of HKOIH Oshkosh, WI 54903 -1130 (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER June 27, 2002 Chris Mokler 117 W. New York Avenue Oshkosh, Wisconsin 54901 3645 RE: 110 Cimarron Court Dear Mr. Mokler: On June 26, 2002 the City of Oshkosh Board of Appeals approved your variance to construct an identification sign for a multi family complex that will have a 5' front yard setback, with the following condition: 1) The sign may not be internally or externally lit in any manner. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on June 27, 2002. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on December 27, 2002 unless you have obtained a permit for the activity allowed by the variance. If you fail to get a permit 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 -5062. Sincerely, Matt Tucker Associate Planner MT /mld cc: Inspection Services Division, City Hall City of Oshkosh Dept. of Community Development City Hall 4 215 Church Ave., PO Box 1 130 z_ Oshkosh, WI 54903 (920)236 -5059 BOARD OF APPEALS AGENDA JUNE 26, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JUNE 26, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JUNE 12, 2002 MEETING MINUTES I: 930 BAVARIAN COURT Inam Ul Hague, owner, is requesting a variance to construct an addition on the front of a house, that will result in the principal structure having a 23' 8" front yard setback, whereas Section 30- 17(B)(3)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for a principal residential structure. II: 110 CIMARRON COURT Chris Moker, Molder Properties, applicant and owner, requests a variance to construct an identification sign for a multi family complex that will have a 5' front yard setback, whereas Section 30- 22(B)(2)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. III: 3125 MEDALIST DRIVE Martin Johnson, applicant, and Mark Toll, owner, are requesting a variance to construct an off street parking area that will have a 7' front yard setback, whereas Section 30- 30(B)(1) of the City of Oshkosh Zoning Ordinance requires a 30' front yard setback. IV: 491 S. WASHBURN STREET Andy Dumke, applicant for Dumke Associates LLC, is requesting a variance to construct an access aisle way that will have a 5' side yard setback, whereas Section 30- 34(D)(4)(b) of the City of Oshkosh Zoning Ordinance requires a 15' side yard setback. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236 -5059, BETWEEN 8 AM 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS JUNE 26, 2002 ITEM II: 110 CIMARRON COURT GENERAL DESCRIPTION AND BACKGROUND Chris Mokler, Mokler Properties, applicant and owner, requests a variance to construct an identification sign for a multi family complex that will have a 5' front yard setback, whereas Section 30- 22(B)(2)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. Single family and multiple family use characterizes the land use of the general area. The subject property abuts U.S. Highway 45, a primary arterial of the City. The subject property is zoned R -5, Multiple Dwelling District. The subject property is a 96 unit multi family complex. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: Is there an unusual or unique characteristic about the subject property which creates a hardship? Is the hardship self created? Is the variance being requested the least possible needed to remove any hardship? Will granting of the variance have a considerable adverse impact on the neighboring properties? The applicant is requesting a variance to construct an identification sign for a multi family complex to replace the existing illegal sign, that does not meet setback requirements, which was erected without first obtaining a building permit. The applicant recently purchased the property, and now wishes to construct an identification sign visible from Fond du Lac Road. The subject property is a 96 unit multi family complex, constructed in 1990. The subject property has a 60' wide lot width at the right -of -way line of Fond du Lac Road (U.S.H. 45), with a 30' wide private access drive for the apartment buildings, Cimarron Court. In regard to potential options, the applicant could locate the sign along the north lot line, but the neighbor to the north has substantial tree and shrub growth that would prohibit visibility of the sign from traffic traveling southbound on Fond du Lac Road. The right -of -way on Fond du Lac Road just south of the subject property widens 23' to provide access to a home approximately 290' south of the subject property. Taking into consideration the irregular right -of -way line, the 25' setback from right -of -way would require a sign to be placed within the limits of the access drive. The applicant's request will permit the sign to be placed between the irregular right -of -way line to the south and the southern curb line of the access drive. The variance request is the minimum necessary to remove the hardship created by the irregular right -of -way, and since this road was recently reconstructed, the location of the sign will interfere with any future roadway improvements. The sign would be approximately 35' back from the intersection of Cimarron Court and Fond du Lac Road, which would not interfere with the vision clearance of motorists or pedestrians. Based on this information, staff recommends approval of the variance, with the following condition: 1) The sign may not be internally or externally lit in any manner. !'lease Tyne or Print in BLACK INK ,.,Return to: Department of community Development 215 Church Ave. 06 6 oO2 P.O. Box 1130 JUN Oshkosh, WI 54903 -1130 CITY OF R OSHKOSH;> 1; r :t77 APPLICATION �'pp YAR (CEn 4, t T v 4; i 1 b. Please write legibly with black ink and also submit a complete reproducible site Dian (maximum size 11" x 17"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: 110 Cimarron Court Cimarron Court Apartments Petitioner: Chris Mokl Home Phone: 235 -6470 Petitioner's Address: 1117 W. New York Avenue 6y5 0 36 York Phone: 235 -6470 Signature Required: Date: 5/21/02 Owner (if not petitioner): Same Home Phone: Same Owner's Address: Sam Work Phone: Same Signature Required: Date: 5/21/02 In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: We would like to erect a sign for Cimarron Court Apartments 25 from our lot line and the South Main Street right -of -way. Because of the irregular shape of the ia we would be forced to move the sign too far back to be seen and be useful. 2. Describe how the variance would not have an adverse effect on surrounding properties: The current sign is closer thus we will be placing the new sign to code. The new sign will be much more attractive- -see enclosed copy. (Continued on Reverse Side) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: The irregular shape of the South Main Street road right of way in this area only affects our property and forces the set back further into the property compared to other owners with normal road row lines. 4. Describe the hardship that would result if your variance were not granted: We would be forced to move the sign too far back where it would not serve any function as it could not be seen from the road (South Main Street). FOR OFFICE USE ONLY ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) G,C.y <S .,,,r/(n c,[ 6) pf +V. O 1 R4 urn 3 /M 4 u 4 '11.-ftio Qsl Gee id asf iA tif f csy9p� 7_21.2 as kikos K mr: 7.14 2) �1 v/-tNi �Sr� �,Cttsr 7) 4/LyLf A'.f•r /he y Al y ST o? 7) 66 A.1, 44' 1-4< .61 .0,14(779.4) r) V eV a.3 0 S/ i/Gts fre t< cSy9 722 3) d Jsk° c.rldLlAr7' 8) 151-/,'oJ/f 84 b (-2.3? Atq 'i 0 u /Ac 4 A 8t'x _2 n W i/O S'/ Oh; cS5/9n.2 7..20 2 (1SRk cc�-i U6 c S 'jyiz U.3w 4) csz /ze RA--- 9) riit f.2- U- C' coe.4CK '1I ict,a 41.. /.i-c /I(40 c5 S"(_4A1Sr�) csr (icy /SOS 1 (A) ,5,4 2 7,-.1.42- ,At■ 61 5 ie /�id 4 7 2.,4 40 10) 474 st'n-) G 6 Pili c-1 Z 5 'i 5 /440 4J LA-G. 11.4 427 7 cJ /F lQi(aSJi cJy Le/s 1,.-4 2 ark/ asp' cols L -5 Vraz .a /3 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 4. Describe the hardship that would result if your variance were not granted: FOR OFFICE USE ONLY ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) P,L/LL 6 0 A fr a 25.�.2s d a LAS 1,0 ,25' AAto LA-c. ,e p Ur WKJk G s 62 -7a/.7 v_Srfelcq i (.3'.1g4 2 /(ff'L4 t r 7) /ham G.rsS/t /46 L= 7 ?tea v r0 R. L c/ f crAtte 4 4.A Iik r,Jr- .'317( O Sylicbs.E 6-Pr 5'(f6.2 3) y7.,-.42,e /Lc) der 7...„7-7-1_46 8) QS HUA c .23T ?o j athdoi au' 4LL LA o _21 O.Srfr sX L<ys6Z 4 _Co ,EO O.J 1- P-43 1 1./z_ 9) J//7A4 s6 PL-.dG �53..) .640 .Q u LIE- ,RO .245.13 f vA4 4Jc 44,.. 4.0 ()cm- AEI( 4C. .5 'f'6 2 1.zl y Oskrn.5a Jr- a o 5 r, ,_4;/___ 5 10) /294Ztjt r/d 4t4-I/ :41F Osit OztiN .<1.4.?. i1 i lease( �J SV�oz 8,44e449 ,26 ,cLs .2-7 At4t9 t au [AG Rig 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 4. Describe the hardship that would result if your variance were not granted: FOR OFFICE USE ONLY ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) /)1 q/ e Iea7-z 6) ccS�? ,A 4/1 LA.c. 2 7) _aS Asii.r rdz A -NT62 3) ‘4 }1/.no .r.,— 3 .7/O,i z f7 8) c,2 37 J 4j 2lac. O kiK 0 3)I L s5090 4 F 2 R4L 9) a t5 t .Au LA-c, asJ4 LLb c5 5 10) iirP,' q63 b T V. M J J 15129' I Ca MIN N. r: 80 ,,,..,,t,,,:44 w ;-4 4cfik lz 1 ti e a sp -Cy, k_) itt., 53.° to 2,,, ,:t. sti 4"14 j' t' „i' ax• W f N '''''''''',1„__:::. i 1 14 77 •t -..„.4 ix. _i., „J 1 „ttt„, z nit v t v-4 ?0 sz9 01 611 94 3 3 5 z 7 0 nu VIA 0 DISCLAIMER This map is neither a legally recorded map nor N a survey and it is not intended to be used as one. Cimarron Court L This drawing is a compilation of records, data x and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference OJHKOJH purposes only. The City of Oshkosh is not re_ Community Development sponsible for any inaccuracies herein containe 1 1 00' ON THE WATER If discrepencies are found, please contact the City of Oshkosh. Created by MLD 03/25/02 Jun 11 02 04:41p Mokler Properties 920 235 -6486 p `•�••�•r ow cons. I 6138 831 -6450 p. w t A CD 11= E rffl 144 1 CI E %L 1 9:B M V ea M f NO a 4 x El II can a X v jr i~ v N. 7. oc�a O NN ,..1 L....3.„ s I )1 it..--xt. -1141/4.4-4*---_--0 .t v. .ij r t t mac' M L ti W g S Q ?b t c a 1 g i i t i\ 1c$_a e ig �L9 f K s= S t. W W e �44SS X n cm h� pC yj yy d P9 tc z O •-1 W o W O C OC V L S'• 2 k 'O I N 8 V V W 0 Z m O ct m I v -4,.. b 1 i E o a e s s t. A s k g tr ip 2 re GT s ON r r MA -kikiVrt -.Ai ti s at_ R 4 M i A l X25 1 6 54- ry 3 DISCLAIMER Close Up View This map is neither a legally recorded map nor r' Court V a survey and it is not intended to be used as one. 110 Cif 1 ►Yf a ro t 1 This drawing is a compilation of records, data V and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference O.f HKOlH purposes only. The City of Oshkosh is not re- Community D sponsible for any i Development naccuracies herein contained. LJ 1 �J ON THE WATER If discrepencies are found, please contact the City of Oshkosh. 70 0 70 140 210 Feet 06/07/02 Created by MLD S° ww. woman "i 1 T 7f 84 1T I I 1 1 11 1 11111 1111 111 11111 1= 21'11111111 a ti SWUM num 1 111J WHIM 1 0111)1a2i1111 li►G' UM 111!1 lin 0 Subject Site BERG n 4 s, o aL nu-1 1111 iIi ---r =aim 11► t 111 C L !1111111111111 In 1 101E1 '121 I►11= e 11= r -0 -0 :IIMEIIu11! 1k re i s 1. r i( 111 NRp. IT pV\AT I III 011 Alt26 40-4 ...ft IN W 28 TH A 10111.0 W,N/lk 000 0,00 11 V, r ir. rs l'i;Se oz' in -r J w COVE N. z o 0 g It WI ab W. 29TH A` E. CD m re 111%1 I I a ir �f A 4119 1 .7 1 E /1 N EST lir 1 Er Li 27sL©3p2 L1 i i 1 1 ES DISCLAIMER Birds Eye View This map is neither a legally recorded map nor N a survey and it is not intended to be used as one. 110 C marron Court This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference Community Development OJHKO /H purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the 400 0 400 Feet City of Oshkosh. Created by MLD 06/07/02 il n i rig m1111111111: =MI 1 1.. UP11111;1 aliEjll! �Tll� C 111'1 ■l 11111 t� V! !PA -r• In tl•y El tali raw: V wag a s BERG milm. ELT 1 I �a LW N ■MC I Subject Site 1• li■m LW 1I 111:1 :1: L j j�: 1 pi R ITU 1 nn I� EIn a "1111111111111111\ 'llllfi ff "I 1!SR�IIll t 1■V �u��c�� 1' 1 MI El ►r uN RD' I Sa MINI R -2 yilliF1/4 Oa". iiik oeh l e i lja i t III I 28TH A W �'Ln� I COVE M_2 W.29TH E. 4 1 Ilk 111 MK l 111 i mill i l l: III IIii t ilt0 7 1 4;4a. mi. MI ■111■111131 mil um my Ai a...I DISCLAIMER Existing Zoning A' This map is neither a legally recorded map nor I V a survey and it is not intended to be used as one. 110 Cimarron Court 1 O This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting the area shown and it is to be used for reference Community Development O f HKOf H purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 500 0 500 Feet oN THE WATER If discrepencies are found, please contact the City of Oshkosh. aaamin' Created by MLD 06/07/02 Board of Appeals Minutes 2 June 26, 2002 Mr. Hague replied it would be very difficult because of the need for the equipment. Discussion continued on the lighting requirements in the greenhouse. For the record Mr. Tucker read the letter of support from John Kathy Lenz (said letter on file in the Planing Services office). Chairman Krueger asked if the other homes in the general area met the setbacks. Mr. Tucker responded yes. Mr. Ameringer commented that he is a garden enthusiast and he realizes how important the correct light exposure is and although he is sympathetic he could not support the applicant's request. He commented that in his opinion, the placement of the addition would not be disadvantageous to the neighborhood, however his concern is that there is not a more solid reason as to why the greenhouse design requires the additional 16" into the setback area. Motion by Hentz for approval of the variance to construct an addition on the front of a house that will result in the principal structure having a 23'8" front yard setback. Seconded by Ameringer. Motion denied 0 -5. Unanimous. II: 110 CIMARRON COURT Chris Mokler, Mokler Properties, applicant and owner, requests a variance to construct an identification sign for a multi- family complex that will have a 5' front yard setback, whereas Section 30- 22(B)(2)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. Matt Tucker introduced the item and circulated pictures. Mr. Ameringer noted a point of correction in the Staff Report. The last paragraph should state "the sign will not interfere the word "not" was omitted. Chris Mokler, 3025 Hayward Avenue, introduced himself and said he was available to answer questions. Ms. Hentz asked if the applicant was comfortable with the condition recommended by staff. Mr. Mokler said he agreed that they would not have a lit sign. He added that it is an attractive, colorful sand blasted sign. Discussion continued on the size of the existing sign and the proposed sign. During board discussion Ms. Hentz said she was familiar with both the area and with Mokler Properties and she would support the variance. Motion by Ameringer for approval of the variance to construct an identification sign for a multi- family complex that will have a 5' front yard setback with the following condition: 1) The sign may not be internally or externally lit in any manner. Seconded by Hentz. Motion approved 5 -0. Unanimous. Board of Appeals Minutes 3 June 26, 2002 Finding of the fact: It was concluded there were unusual characteristics of the right -of -way and it did not cause any safety issues. III: 3125 MEDALIST DRIVE Martin Johnson, applicant, and Mark Toll, owner, are requesting a variance to construct an off street parking area that will have a 7' front yard setback, whereas Section 30- 30(B)(1) of the City of Oshkosh Zoning Ordinance requires a 30' front yard setback. Matt Tucker introduced the item and noted the letter of approval that was received from Chamco, Inc. Kevin Revolinski, Vice President of Fox Valley Metrology, said he would be representing Mr. Johnson and Mr. Toll. He explained the project was actually started last year and they canvassed several paving companies to find a solution to the parking problem, which they are now presenting. He noted that the east side of the building has no viable room, so the proposal is to use the north side of the building. He said the stalls run north to south and the easement is necessary due to the narrowness of the area. He added there is not enough parking space for vehicles and gravel was added this past spring because they were parking off the pavement into the grass area. He said their intent is to increase this parking area to meet City code, to enclose the dumpster area, and to landscape the site. Discussion continued on the location of the present dumpsters. Mr. Revolinski said Jack Schloesser, who is the owner of the land to the south, has no interest in selling the vacant lot, which they had considered purchasing for expansion. Ms. Hentz asked if approval of this variance would have a possible adverse impact on future businesses interested in the location. Mr. Tucker said considering the potential of what uses could locate there, it could be possible that the parking area would have adverse impact on neighbors. He added when change of use occurs there are zoning and screening requirements that must be met, and Chamco has covenants within the Industrial Park to protect adjacent properties. He said lack of parking would continue to be a problem for this property. Mr. Revolinski said their intention in regard to future growth is to buy another building and operate a portion of their division off -site. He further explained that they have three different segments to their business, and they would move one of these operations to another building if space becomes a problem. Motion by Hentz for approval of the variance to construct an off street parking area that will have a 7' front yard setback with the following condition: 1) A landscaping plan be submitted and approved prior to obtaining a building permit, showing landscaping and green space, along with providing a solidly screened refuse enclosure area. Seconded by Wilusz. Motion carried 5 -0. Unanimous.