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HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES February 10, 2010 PRESENT: Robert Cornell, Cheryl Hentz, Dennis Penney, Dan Carpenter, Jane Cryan, Mark Nielsen EXCUSED: Ed Wilusz 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 January 13, 2010 were approved with the following correction: Page two, paragraph two; Ms. Hentz declared she would abstain from voting on this item. Hentz /Penney 5 -0. Mr. Muehrer explained that the staff report numbers will not match the agenda as the original Item I was pulled from the agenda at the last minute by the petitioner. Also, the two remaining items on the agenda are closely related involving a project with the Department of Public Works. Both items are similar requests with the difference being Item III (925 Florida Ave) has a corner location involved so there is an additional code section that applies. ITEM I: 1601 KNAPP STREET City of Oshkosh Department of Public Works - applicant, City of Oshkosh - owner, request a variance to permit a 6' high fence with a 0' front yard setback. Section 30 -35 (E)(3) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires a 25' setback. Mr. Muehrer presented the item and distributed photos of the subject site. The City of Oshkosh Department of Public Works needs to install an active methane removal system in the existing landfills located at Quarry Park West and East. Reason being the current passive venting system installed at these facilities is not sufficiently removing the methane gas thus creating a public safety issue. The property owner notification letter composed by the Department of Public Works details the circumstances and plan of action proposed. During construction activities to install the active methane removal system, deep excavation trenches and refuse will be present on site. Given the proximity to residential neighborhoods, security of the site is important. Subsequently, the Department of Public Works is proposing to erect a 6' high chain link fence up to the property line along the perimeter of the parcel. A variance is needed as the zoning ordinance requires all fences 6' in height to be erected on those parts of a lot that are as far back or farther back from a front property line than the principal structure. The Department of Public Works is anticipating the fence to be in place for 18 months to insure the turf restoration work is successful in the affected project areas. Steve Gohde, Assistant Director, City of Oshkosh Department of Public Works, was present for the meeting. Mr. Gohde reiterated that this project is a step the City is taking to improve safety for the residents in the surrounding area of Quarry Park. The Vulcan Quarry, which operates just to the north, continues to blast deeper lowering the ground water table in the area. As that is happening, the trash that was buried in the landfill is exposed to oxygen which causes it to decompose and produce /increase new levels of methane gas. The active system being put into place will extract the methane gas and keep it from getting into the adjacent properties. The chain link fence is being put up for public safety until the turf can be well established to prevent tearing up and erosion which could cause problems for the active system. Ms. Cryan asked Mr. Gohde if the Department of Public Works and explored other ways to vent the methane gas other than releasing it into the atmosphere. Board of Appeals Minutes 1 February 10, 2010 Mr. Gohde replied the level of methane gas being released into the atmosphere is very small therefore it is not a hazard to vent it. It is not at a high enough concentration to burn or ignite. However, if the methane is allowed to accumulate and get into a closed structure and accumulate it does post a risk. Mr. Cornell reminded the Board that only discussion pertinent to the variance request is permitted. Mr. Nielsen asked Mr. Gohde how long he anticipates the fence to be up. Mr. Gohde reiterated 18 months. The construction of the active system should be completed by mid summer and they want the grass to be good and established for at least a year before they take the fence down. Mr. Nielsen inquired as to how deep the trenches will be during the construction phase. Mr. Gohde replied the trenches will be between fifteen and twenty feet deep. Mr. Carpenter inquired if six feet was high enough for the fence. Mr. Gohde answered that although it is possible to scale a six foot high fence it would take considerable effort. Mr. Carpenter is concerned about visibility as there is a school nearby. He asked if it was necessary to dig right up to the sidewalk. Mr. Gohde replied the excavation limits are a little unknown as they will need to locate the edge of the existing quarries. Once they have that information they need to be ten to twenty feet off the base of the quarry for the extraction system to work. Depending on where the actual base of the quarry is and the actual landfill material is will determine where the fence will be. It is not their desire to have the fence right up to sidewalk; that would be a worse case scenario. They expect the fence to be a couple of feet from the sidewalk. Mr. Penney asked the Board to consider making it a condition that the fence remains four to five feet from the sidewalk. The Board discussed that the Department of Public Works doesn't know where the edge of the quarries are so that condition could not be stipulated. Mr. Carpenter said he would talk with Dr. Brown, Principal of Jacob Shapiro School, to see if the school could do something to increase the security in the area while the fence is up. Mr. Gohde stated the Department of Public Works held a neighborhood meeting at the school to make them aware of what the City's plans are. A neighborhood meeting was held at Jacob Shapiro School. Principal Dr. Lynn Brown was present and left early. Gary Theabo, 1639 Knapp Street, was present for the meeting. He is concerned about snow removal if the fence is erected right up to the sidewalk. His other issue was the north side of his property line. He uses the southwest corner of 1601 Knapp Street to access his fields with his plow. If possible, he would like the fence to be erected on an angle so he can continue to do so. Mr. Theabo asked if Knapp Street was going to be torn up to connect the piping from both sides of the street. Mr. Gohde replied yes. Cindy Theabo, 1639 Knapp Street, stated that she wanted to have a natural gas line brought up to their house and the only way they can do that is if Knapp Street is torn up. She asked if the neighborhood would be informed prior to Knapp Street being torn up so she could make arrangements for natural gas to be connected to her property. Board of Appeals Minutes 2 February 10, 2010 Mr. Gohde stated he would request the contractor to notify the abutting property owners as to when Knapp Street would be closed. Willard Eichstadt, 940 Florida Ave, was present for the meeting. He asked Mr. Gohde if there was a dangerous level of methane gas in the area right now. Mr. Gohde replied that the City provides methane monitors for the properties that surround the area. Citizens can contact the fire department if they would like more information. Motion by Hentz to approve the request for a variance to permit a 6' high fence with a 0' front yard setback. Seconded by Penney. Motion carried 4 -1. Ayes- Penney, Hentz, Carpenter, Cornell. Nays - Cryan. Finding of Facts: Improved safety Unique situation No adverse impact on surrounding properties The variance will be temporary ITEM II: 925 FLORIDA AVENUE City of Oshkosh Department of Public Works - applicant, City of Oshkosh - Owner, request variances to permit a 6'high fence with a 0' front yard setback and to be located in the intersection sight distance triangle. Section 30 -35 (E)(3) of the Oshkosh Municipal code: Additional Standards and Exceptions requires a 25' front yard setback and Section 30- 35 (E)(1) requires fencing to be no more than 30 inches high within the intersection sight distance triangle. Mr. Muehrer presented the item and distributed photos of the subject site. The City of Oshkosh Department of Public Works needs to install an active methane removal system in the existing landfills located at Quarry Park West and East. Reason being the current passive venting system installed at these facilities is not sufficiently removing the methane gas thus creating a public safety issue. The property owner notification letter composed by the Department of Public Works details the circumstances and plan of action proposed. During construction activities to install the active methane removal system, deep excavation trenches and refuse will be present on site. Given the proximity to residential neighborhoods, security of the site is important. Subsequently, the Department of Public Works is proposing to erect a 6' high chain link fence up to the property line along the perimeter of the parcel. However, variances are needed as the zoning ordinance requires all fences 6' in height to be erected on those parts of a lot that are as far back or farther back from a front property line than the principal structure and fences located in the intersection sight distance triangle cannot exceed 30 inches in height. The Department of Public Works is anticipating the fence to be in place for 18 months to insure the turf restoration work is successful in the affected project areas. Steve Gohde, Assistant Director, City of Oshkosh Department of Public Works, was present for the meeting. Mr. Gohde stated the situation is similar to Item I, however this is on the opposite side of the street. Mr. Cornell asked Mr. Gohde how the contractors will get in and out of the fenced in area. Mr. Gohde used a map to explain where the proposed gates are. Mr. Carpenter and Mr. Nielsen expressed concern about visibility on the corner of 17 Avenue and Knapp Street if the fence is erected right up to the sidewalk. Mr. Gohde stated once the edge of the quarry wall is found they will pull the fence back as far as possible. Motion by Hentz to approve request for variances to permit a 6' high fence with a 0' frontyard setback and to be located in the intersection sight distance triangle. Seconded by Cornell. Motion carried 4 -1. Ayes- Penney, Hentz, Carpenter, Cornell. Nays - Cryan. Board of Appeals Minutes 3 February 10, 2010 Finding of Facts: Improved safety Unique situation No adverse impact on surrounding properties The variance will be temporary DISCUSSION OF BOA PROCEDURES The board discussed the changes that were made to the Procedures and Regulations — City of Oshkosh Board of Appeals at the previous meeting. Ms. Hentz would like clarification about emailing between the Board; specifically what is a violation of open meetings law. Mr. Muehrer directed Ms. Hentz to contact City Attorney Lynn Lorenson to make sure all of her concerns are addressed appropriately. Motion by Hentz to amend the verbiage of the Procedures and Regulations City of Oshkosh Board of Appeals to read "(as amended through January 13, 2010; adopted February 10, 2010) " Seconded by Cryan Motion carried 5-0. Ms. Hentz couldn't remember if the Board had made changes to Article III Meetings. Mr. Muehrer referred back to the minutes of January 13 2010 where it was determined that the agenda would mirror the order stated under Article III Meetings, however no changes will be made to the Procedures and Regulations. Also, the concerns that Ms. Hentz will be discussing with City Attorney Lynn Lorenson will not result in any changes to the Procedures and Regulations as they relate to what is open for discussion within the subsections. Motion by Hentz to approve the Procedures and Regulations City of Oshkosh Board of Appeals with the proposed changes and amendment. Seconded by Penney. Motion carried 5-0. Ms. Hentz requested that board members receive an updated copy of the Procedures and Regulations. There being no further business, the meeting adjourned at 4:40 p.m. (Carpenter/Hentz). Respectfully submitted, Todd Muehrer Associate Planner /Zoning Administrator Board of Appeals Minutes 4 February 10, 2010