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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES MARCH 22, 2006 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Edward Wilusz, and Chairperson Cheryl Hentz EXCUSED: Larry Lang, and Moss Ruedinger STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Chairperson Hentz. Roll call was taken and a quorum declared present. Motion by Mr. Cornell for approval of the March 8, 2006 meeting minutes, seconded by Mr. Wilusz. Motion carried 5-0. I: 501-519 EAST PARKWAY AVE & 526-578 BROAD STREET (Boys & Girls Club of Oshkosh) AEC Architects/Engineers-applicant, Marc Dosogne, Boys and Girls Club Oshkosh LLCowners, request a variance to permit the placement of playground equipment and a dumpster enclosure within the required setbacks, to construct a 6 foot fence within the front yard setback and to construct a 10 foot fence in the rear yard setback. Section 30-35 (E) of the Oshkosh Municipal Code: Additional Standards and Exceptions limits fence height to 4 foot high in required front yards and 6 foot high in other required setbacks. Section 30-35 (B)(1) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires less restrictive uses abutting more restrictive uses to provide a transitional buffer yard area between them and requires the deepest front yard setback on mixed zoning blocks. Mr. Cornell asked to discuss each item separately Mr. Buck introduced items 1 & 2 (fencing) and passed around colored pictures. Bill Aubrey, Project Manager AEC Architects Engineers-applicant, 5703 Cty Rd A Mr. Aubrey stated the fence on Broad St. is currently a 4 ft. fence and they plan on keeping the same height. A 4 ft. fence along the playground area of East Parkway is too low and is unsafe for the children, that’s why they are proposing a 6 ft. fence in that area. The owners are purchasing the lot adjacent to the South and would like to move the ball field and extend the fence. The 10 ft. fence currently runs a good distance between the two properties. Mr. Wilusz asked if any thought was given to install a more substantial backstop at the ball field. Mr. Aubrey stated they would like to install a full backstop with an angled top, which would be higher than 10 ft. Mr. Carpenter asked if the fence is going to have an angled top. Mr. Aubrey stated it would be straight up. Mr. Carpenter stated Mr. Aubrey made a wonderful sales point about having more offenders in the area and for the safety of the kids a 6 ft. fence would be better than a 4ft. Mr. Buck introduced item 3 (dumpster). Mr. Buck stated there is a 25 ft. transitional setback in that area and the dumpster is proposed in that area to maximize parking on the site. To minimize Board of Appeals Minutes -2-March 22, 2006 any impact the applicant proposed to screen the dumpster with an enclosure made out of masonry. Mr. Buck stated he felt the design of the dumpster enclosure should be reviewed and approved by staff and that vegetation should be placed between the enclosure and the neighboring lots. Mr. Aubrey stated their current dumpster is located by the current garage location, which is located by the proposed playground. They would like to minimize the amount of traffic conflict with vehicles and children to ensure of the children’s safety. By placing the playground to that location the children will be better monitored. Mr. Penney asked where the access would be for the dumpster. Mr. Buck stated the access would be off Broad St. Mr. Penney asked if there was any danger to kids through that path. Mr. Buck stated the railroad tracks are across Broad St. and the only thing located to the South of the parking lot is the ball field. Mr. Buck introduced item 4 (Playground equipment). Mr. Buck stated the applicant states the equipment is optimal in location as it is a quick easy route for the children of the Boys and Girls Club and the Headstart program. Mr. Aubrey stated they could fit the playground equipment within the setback areas; however it would be more compacted than they wanted, they wanted the children to have more room to move from equipment to equipment. Mr. Cornell asked what separates the playground equipment from the parking lot. Mr. Aubrey stated there is a 4 ft. fence there. Mr. Aubrey also stated they are adding a 4 ft. fence with a gate going from the building to the playground equipment. Any vehicle traffic going to the garage will have to get out of the vehicle to open the gate, which means they will have to stop and be aware of the surroundings and the children. Kurt Koeppler, Board President Boys and Girls Club, 1726 Rivermill Rd Mr. Koeppler stated he knows 4 variances are a lot to ask for, however he is asking for support on this. They have done a lot of homework on this plan, they worked very hard to ensure the safety, entertainment, and education issues have been met. They can’t move to another location, since this is where the kids are. The only means of transportation for a lot of these kids is either by walking or riding their bicycles, therefore they need to be in the area they are in. They currently have a membership of over 2,000 children. Mr. Cornell asked if this were denied, would it be very detrimental to the future of their operation for anything else they wanted to do or affect the expansion. Mr. Koeppler replied there is no question on what it would limit, the amount of kids they could serve. Right now it’s hard to get teens to come there without their own facility. There is no place for those kids to go and be supervised, also there is more to the facility than just entertainment they have computer labs, structure, homework studies. Ms. Hentz asked Mr. Aubrey in their addendum to the application it states they currently have a backstop within the setback, is that the same backstop Mr. Wilusz is talking about or is that a different backstop. Mr. Aubrey stated they would like to install a more traditional backstop. Board of Appeals Minutes -3-March 22, 2006 Motion by Cornell for approval of a variance to permit the placement of playground equipment and a dumpster enclosure within the required setbacks, to construct a 6 foot fence within the front yard setback and to construct a 10 foot fence in the rear yard setback with staff’s recommendation: 1 The design of the dumpster enclosure be reviewed and approved by staff and that vegetation be placed between the enclosure and the neighboring lots. 2 A backstop is installed at home plate of the ball field. Seconded by Carpenter. Motion carried 4-0-1, Mr. Penney abstained from voting. Finding of Facts: Mr. Wilusz stated this is clearly in the public interest, no adverse impact to the neighboring property owners, and unique physical limitations for this type of facility in the central part of the city. Strict compliance would pose unnecessary hardship. Ms. Hentz stated if this was denied, it could potentially result in harm to the public interest, this is a great place for the kids that might not otherwise have any other place to go. Mr. Cornell stated there was no harm to the neighboring property owners from the way it is fenced in and controlled. II: 450 JOSSLYN STREET (UW-Oshkosh Sports Complex) Steven Arndt, applicant, University of Wisconsin-Oshkosh, owner, request a variance to permit the installation of light poles and fixtures varying from 50 to 80 feet tall on the baseball and softball fields of the Oshkosh Sports Complex. Section 30-22 (B)(5) of the Oshkosh Municipal Code: R-5 Multiple Dwelling District limits structures to a maximum of 45 feet in height. Mr. Buck introduced the item, passed around color pictures and stated a public neighborhood meeting was held on 3/20/06 regarding the Oshkosh Sports Complex. Tom Sonnleitner, Vice Chancellor for Administration UW-Oshkosh, 800 Algoma Blvd Mr. Sonnleitner stated Musco Lighting Inc., who is the largest most respected lighting company in the United States, is installing these lights. They do about 75% of the lighting fixtures in this country. The Light Structure Green is a new product that reduces spillage and maintains light focus on the field. If they weren’t able to get the variance they would be eliminated from the NCAA Division 3 regional baseball. The university did a light meter study around the area; it shows 54 foot candles on the edge of their field, stepping onto the track the reading was down to 10.4 foot candles, moving across to the practice field it is down to 0.5 foot candles. They also took the light levels on Taft Ave. and found regular streetlights reflect 0.7 down to 0.1foot candles. The University is prepared to perform the following during events: ask that music is not played during practices, turning off some of the lights during cleaning of the facility after the games and installing mature trees along the practice field. Mr. Penney asked if there is a requirement by Division 3 that light fixtures have to be a certain height. Mr. Sonnleitner said there is no height requirement; the problem is that if the lights on the baseball field were placed at 45 ft. it would be unsafe to play under. Mr. Wilusz wanted to clarify that they could put the lights at 45 ft but the University wouldn’t put them at 45ft. Board of Appeals Minutes -4-March 22, 2006 Mr. Sonnleitner stated he couldn’t commission the expense to be placed at 45 ft.; it would require more poles and for them to be shining horizontally or even up in the air for view of fly balls. Mr. Wilusz asked if Musco provide any guarantee to adjust the lights. Mr. Sonnleitner stated they do guarantee the light and they are also entering a maintenance contract with them. Each year they will come back look at the lighting pattern and change any burned out lamps. Mr. Wilusz and Mr. Cornell stated for the record they were in attendance at the neighborhood meeting that was held on March 20, 2006 by the University on the lighting. Mr. Cornell asked if the cover over the lights are the same as what is installed at the football field. Mr. Sonnleitner stated there are shields on the football stadium lights but they are not the exact shields. Mr. Cornell then asked if the football field would illuminate more light than what the ball fields would, as far as horizontal light expanded out the sides. Al Ackerman, Athletic Director UW-Oshkosh, 800 Algoma Blvd Mr. Ackerman discussed how the football field and soccer/track field only has 4 light poles, with the lights shinning out onto the fields. Softball/baseball fields have a lot more poles, each pole is lighting a much smaller area; which will have less spillage and with the new guards on the lights there will be even less spillage. Ms. Hentz stated she was not at the neighborhood meeting held on March 20, 2006 and she wanted to thank the University for conducting that meeting, she wishes more people in the community would take neighbors into consideration. She also stated she liked the approach as far as working with the neighbors to address their concerns. Discussion was held on what the University is willing to do for the neighbors to reduce the noise and light spillage. Mr. Penney asked for more detail about a statement that was mentioned the lights would only be on during the game time situation. Mr. Sonnleitner stated the lights would be on roughly ½ hour before and after the games. Mr. Ackerman also stated during some of the practices there is a need for lights, he feels that practices should be included with games. Evon Van Ornum, 943 Taft Ave Ms. Van Ornum stated she has looked at the scheduling for the fields and they will be playing until 10:30 p.m. and was wondering if they are going to comply with the noise/lights ordinance of 11:00 p.m. Ms. Van Ornum also wanted to know if anyone has checked to see what the height is at E.J. Schneider field is. Mr. Carpenter stated he checked with Mr. Wenig who is in charge of the Oshkosh Recreation Department and he states in his opinion the lights for baseball need to be higher than for softball and this would be constant with E.J. Schneider and the softball fields. Discussion was held about other softball and baseball diamonds in the area. Discussion was held about the noise and lighting issues and the concerns of environmental issues where the lights are to be installed. Mr. Ackerman stated the lights are installed by placing a cement pillar into the ground first and then the placing the light poles on top of that. Board of Appeals Minutes -5-March 22, 2006 Dan Van Ornum, 943 Taft Ave Mr. Van Ornum states he appreciates the compromises the University has agreed upon. If the diamond has to have lights he would rather not see them having the 45 ft. poles; the higher the better so they shine down to the ground not out into the neighborhood. Mr. Carpenter stated he did not attend the public hearing held on 3/20/06. He also stated the efforts of compromise that were made are excellent. The one thing he is bothered with is that they are looking beyond our scope; they are just looking at the height of the lights and if they don’t approve the variance they can install as many lights as they want with spillage all over the place. Noise factor, clean-up time and drainage is not what they are looking at, the one thing he is hearing from all sides is the higher the better. Mr. Buck stated the conditions should only be for the baseball and softball field lights. Mr. Wilusz stated the process the University and the neighbors followed was very helpful, a great model to be used. Mr. Penney stated anything that will make Oshkosh a more pleasant and active place to draw the crowds should be encouraged. Ms. Hentz moved to approve with the following condition: 1. When cleaning the facility the bank of lights at the southwest corner is turned off. Mr. Carpenter stated that is directly related to the stadium, not the baseball fields. Mr. Cornell stated anything other than the height of the poles is immaterial of what the BOA is making the decision on today. Ms. Hentz stated it was commented that the trees would directly relate to the spillage of the lights. Mr. Cornell stated he doesn’t think it relates to the height of the poles. Mr. Buck stated the trees could be related to the light spillage, it also helps block vision of the taller lights from the backyards. Mr. Sonnleitner stated they are going to do this regardless. Mr. Van Ornum stated he was good with a handshake. Motion by Hentz for approval of a variance to permit the installation of light poles and fixtures with the following condition. 1. A series of mature trees be installed on the north side to help contain lights from the baseball and softball fields. Seconded by Wilusz. Motion carried 5-0 Finding of Facts: Mr. Wilusz stated it is a win win situation and it is a clearly a hardship. Mr. Carpenter stated it creates the lease variance necessary and beneficial to all. Ms. Hentz stated they have worked very diligently to try to minimize and/or reduce adverse impact on neighboring properties. Board of Appeals Minutes -6-March 22, 2006 OTHER BUSINESS Mr. Buck stated he thought the agenda was going to be long so he didn’t include any of the zoning code information. The next meeting there will be a workshop following the meeting. Mr. Wilusz asked why was the 45 ft height regulation used. Mr. Penney asked staff if the workshop could be postponed for a month Mr. Buck stated this is just an educational process for everyone and will be on going. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this time. There being no further business, the meeting adjourned at approximately 4:55 p.m. (Cornell/Carpenter) Unanimous. Respectfully Submitted, David Buck Associate Planner DB/pal