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BOARD OF APPEALS MINUTES
October 14, 2009
PRESENT: Robert Cornell, Dennis Penney, Edward Wilusz, Cheryl Hentz
EXCUSED: Mark Nielsen, Dan Carpenter
STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Kathleen Fredrick, Recording
Secretary
Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present.
The minutes of August 12, 2009 were approved as presented. Hentz/Penney 4-0.
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ITEM I: 34 W 12 AVE
Esther Ramirez-applicant/owner, requests a variance to permit a principal two family structure with a 12’6” front yard
setback. Section 30-35 (B)(1)(c) of the Oshkosh Municipal Code: Additional Standards and Exceptions permits the
front yard setback for a principal two family structure to be the average of the existing front yard setbacks of the two
lots abutting the subject lot, but not less than 15’.
Mr. Muehrer presented the item and distributed photos of the subject site. A variance is being requested to permit a
covered front porch to be reconstructed that would leave the principal structure with a 12’6” front yard setback. The
current covered front porch is severely dilapidated in condition and needs to be replaced before an injury occurs
according to the petitioner.
Mr. Adrian Ramirez, 1864 Doty St was present for the meeting and speaking on behalf of his mother, Esther Ramirez.
Mr. Muehrer explained the reason the variance is needed to Mr. Ramirez.
Mr. Penney commended Ms. Ramirez for being a responsible homeowner in that she is replacing the dilapidated porch.
Motion by Penney to approve the request for a variance to permit a principal two family structure with a
12’6” front yard setback.
Seconded by Hentz. Motion carried 4-0.
Finding of Facts:
Least variance required.
No harm to the public interest.
No adverse effect on the neighboring properties.
DISCUSSION OF BOA PROCEDURES
Mr. Cornell relayed to the Board an email from Mr. Muehrer stating the city attorney would not be able to meet to
discuss Board of Appeals Procedures until after the city budget is complete. Mr. Muehrer briefly discussed the
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proposed changes in the procedures from the August 12 meeting with the assistant city attorney. In the opinion of the
assistant city attorney, the recommended changes were not a problem except for Article III, paragraph 5. It is his
opinion that the added “to approve a variance” should be removed because the Board should have findings of facts for
both approvals and denials. The Board wishes to discuss this issue with the city attorney.
Ms. Hentz inquired as to why the agendas do not follow the outline in the procedures. “Communications” is not
currently part of the agenda.
After some discussion it was decided to leave the agenda the way it is until the Board meets with the city attorney.
Board of Appeals Minutes 1 October 14, 2009
Ms. Hentz asked Mr. Muehrer what the status is of the PODS at the former Ponderosa site.
Mr. Muehrer stated that Ponderosa is in the midst of bankruptcy and once the cash flow is freed up their intent is to
renovate the building.
Ms. Hentz stated she has been approached regarding whether there are drains in the parking lot at the corner of
Division Street and Pearl Avenue.
Mr. Muehrer replied to the best of his knowledge there is a drain in the northeast corner of the lot.
Mr. Cornell informed the Board of a new member appointed by the mayor. Jane Cryan will fill the vacancy left by
Moss Ruedinger, whose term expires 6/1/2010. The Board discussed whether Ms. Cryan would serve as alternate
number one or alternate number two. It was decided to table the matter until the Board meets with the city attorney.
There being no further business, the meeting adjourned at 3:58 p.m. (Penney/Hentz).
Respectfully submitted,
Todd Muehrer
Associate Planner/Zoning Administrator
Board of Appeals Minutes 2 October 14, 2009