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BOARD OF APPEALS MINUTES JULY 12, 2006 PRESENT: Robert Cornell, Larry Lang, Dennis Penney, Moss Ruedinger, Edward Wilusz, Chairperson Cheryl Hentz EXCUSED: Dan Carpenter STAFF: David
Buck, Associate Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairperson Hentz. Roll call was taken and a quorum declared present. REORGANIZATION-ELECETION
OF OFFICERS Mr. Cornell nominated Cheryl Hentz for Chairperson. Dennis Penney seconded the motion. Mr. Lang moved that the nominations be closed by unanimous consent for Ms. Hentz. Motion
failed for lack of a second. Ballot vote was taken. Ms. Hentz was elected Chairperson. 6-0 Unanimous. Dennis Penney nominated Larry Lang for Vice-Chairperson. Seconded by Edward Wilusz.
Ballot vote was taken. Mr. Lang was elected Vice-Chairperson. 6-0 Unanimous. The minutes of June 28, 2006 were approved as mailed. Lang/Wilusz I: 811 MERRITT AVENUE Cal Kapp, Condon
Companies-applicant, B. Kent & Eileen W. Bauman-owners, request a variance to permit an off-off-street parking area and drive lane that will have a 0 foot rear and side yard setback.
Section 30-35(B)(1)(c) of the Oshkosh Municipal Code: Additional Standards & Exceptions requires lots adjacent to a residential use/district to provide a transitional yard setback. David
Buck introduced the item and shared photos of the subject property. Cal Kapp, applicant, stated that the current parking lot is in need of general clean-up and maintenance. The redevelopment
is to include a laundromat and his intent is to pave the area, and to add lighting and fencing, which would enhance the area and make it more appealing for the neighborhood. It was noted
that a copy of the plans was not included in all member packets. There was discussion on the proposed location of the fence and the proposed area of new paving. Shaun McAuley, 823 Merritt
Avenue, described the location he desired for the proposed fencing. There was also discussion on the fence location relating to 450 Bowen Street. Discussion ensued on possible lighting
issues. It was noted that paving and striping of the parking lot would improve the area. Dumpster location was discussed and Mr. Buck explained that the dumpsters would need to be screened.
It was decided that an additional condition would not need to be noted because the screening of dumpsters is a general code requirement. Mr. McAuley stated that proper lighting, fencing
and perhaps a camera would be desired in the area. He stated he would like to see the property maintained through the years.
Board of Appeals Minutes -2-July 12, 2006 Jeff Lemay, 814 Fluor Court, mentioned a concern with lighting and garbage issues. He stated that the fence would assure his privacy. He also
stated that cleaning up the area, the proposed paving and lighting would be an improvement to the area. Frank Topp, 450 Bowen Street, said he has resided at this property since 1979.
He praised the applicant for addressing issues that have been presented in the past. Mr. Buck commented that Planning staff had received a call from Derek Dettlaff, 818 Merritt Avenue,
stating no objections to the variance request. During board discussion Mr. Buck clarified the lighting code. He explained that there are several items associated with the Ordinance however,
the two main categories are the power of the lights, which are measured by foot-candles, and the exposure of the lighting elements. He noted that a light plan would need to be approved
when submitted with the permit application. Mr. Buck further explained that lights are not allowed to spill over property lines more than 0.5 foot candles and lighting elements can not
be exposed. There was further clarification on the location of the proposed fencing. Staff stated a desire to have the fence go around the entire commercial property. Mr. Buck stated
that the intent of the fencing is to block headlights, noise, emissions, and garbage from spilling over to adjacent properties. Discussion ensued on possible verbiage for conditions.
Motion by Mr. Lang to permit an off-street parking area and drive lane that will have a 0 foot rear and side yard setback, with the following condition: 1. A solid wood fence, a minimum
of 6’ tall, be installed along the portion of the lot line adjacent to the paving, except on the east side yard up to the existing fence at 823 Merritt Avenue. Seconded by Mr. Cornell.
Motion approved 5-0. Finding of Facts: Corrects a current non-conforming parking lot and improves the situation. The property had unusual limitations, a variance was necessary to make
it useable. Granting of the variance will not result in harm to the public interest. OTHER BUSINESS Mr. Buck stated there would be a Workshop after adjournment. There being no further
business, the meeting adjourned at 4:15 pm. Respectfully Submitted, David Buck Associate Planner DB/mld