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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES NOVEMBER 23, 2005 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Moss Ruedinger, Edward Wilusz, and Chairman Cheryl Hentz EXCUSED: Vice Chairman Larry Lang STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Chairman Hentz. Roll call was taken and a quorum declared present. Motion by Mr. Cornell for approval of the November 9, 2005 meeting minutes, Seconded by Mr. Carpenter. Unanimous. I: 1110 & 1120 BAUMAN STREET Wayne Gayhart & Ken Rasmussen, owners, request a variance to create a two-family residence with attached garage space of approximately 1,552 sq. ft. Section 30-24 (B)(1) of the Oshkosh Municipal Code: C-1 Neighborhood Business District allows a maximum area for all accessory uses and structures of 1,200 sq. ft. Mr. Buck introduced the item and passed around colored pictures. Mr. Buck also noted the applicant has been in front of the board at a prior meeting, October 12, 2005, at which time a variance was denied. The applicant has met several times with staff to reduce the size of the garage. The applicant stated to Mr. Buck that the actual use of auto storage space would only be 1,156 sq. ft. for both units. Wayne Gayhart, 1920 Cliffview Court, Applicant/Owner Mr. Gayhart stated they have reduced the garage space from 2,118 sq. ft. to 1,552 sq. ft., which is approximately 27-28% and they are still over the maximum allowed. Mr. Cornell questioned at the last meeting why they couldn’t get down to 1,200 sq. ft. Mr. Gayhart stated that because of the size of the boat and two cars they need to store they couldn’t get the garage down to 1,200 sq. ft. Discussion was held on the tax entities. Mr. Cornell questions how they received the original permit and now they want to make changes. He questioned if this shouldn’t have been done before the permit was issued. Mr. Buck stated that the interior design of the garage space is different than submitted for permits and now has been modified so the boat and small utility storage is going to be separated from the automobile storage by a wall but still the garage space is still over the allowed area. Mr. Wilusz questioned if it is unusual within the city for this type of structure not to have a basement. Mr. Buck stated lakefront property sometimes differ, use a lot of piling and in some cases they need to be floodproofed or they always need to be open to allow the to flow of water in and back out. Board of Appeals Minutes -2-November 23, 2005 Motion by Mr. Wilusz for approval of the variance to create a two-family residence with attached garage space of approximately 1,552 sq. ft. Seconded by Mr. Ruedinger. Motion carried 5-0. Mr. Penney as alternate abstained from the vote. Finding of Facts: Mr. Cornell stated there is no public harm. Mr. Wilusz stated the property is unique and it has unusual circumstances. A variance is the least necessary remedy to hardship. Mr. Cornell also stated that the existence of the floodplain should also be noted, that is something that is uncontrollable by the owner and developer. II: VACANT LAND, S. KOELLER STREET, PARCEL NO. 13-0744-01-12 Encore Designs, LLC, applicant, Robert Messerschmidt, owner, request a variance to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback, whereas Section 30-34(D)(4)(b) of the City of Oshkosh Zoning Ordinance requires a fifteen (15) foot side yard setback for driveways and ground signs. Mr. Buck introduced the item and passed around colored pictures. Mr. Buck also stated this is a renewal of a variance from May 11, 2005 at which time they were granted the variance. The timing of the land purchase and the bid process to construct the building, the petitioners were unable to start construction within the timeframe allowed by the variance. Bob and Lynn Messerschmidt, 1319 County Road FF, owners/petitioners Mr. Messerschmidt stated the first time they came in front of the board to get the variance they had to get the variance before they could purchase the property. Without the approval of the variance they would not have purchased the property. Right now they are in the process of getting bids put together and getting everything set, so come spring they can start construction. Ms. Hentz asked if anything has changed from the May 11, 2005 variance request. Mr. Messerschmidt stated nothing has changed from the original variance, everything is the same. Mr. Cornell stated if the variance is approved, it would expire in May, the construction is going to be started before then or we will be in the same situation. Mr. Messerschmidt stated they are hoping to start construction in April or sooner if the weather permits. Motion by Mr. Cornell for approval of the variance to construct a driveway that will have five (5) foot side yard setbacks and a ground sign that will have a one (1) foot side yard setback Mr. Carpenter stated he remembers this property the only thing that bothers him, it has nothing to do with the property, is the access to the driveway is right on the bend of South Koeller St., he is also going to support it. Seconded by Mr. Carpenter. Motion carried 5-0. Mr. Penney as alternate abstained from the vote. Board of Appeals Minutes -3-November 23, 2005 Finding of Facts: Mr. Cornell stated it appeared to be the least possible variance necessary to permit commercial development on site, it would be no harm to the public and it enhances the area. He also stated the property is a unique shape due to past actions. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES Staff handed out a schedule of next year’s board meeting dates. Ms. Hentz stated it is good to know the dates a head of time. There being no further business, the meeting adjourned at approximately 4:03 p.m. Unanimous. Respectfully Submitted, David Buck Associate Planner DB/pal