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BOARD OF APPEALS MINUTES OCTOBER 27, 2004 PRESENT: Dan Carpenter, Robert Cornell, Cheryl Hentz, Larry Lang, Meredith Scheuermann EXCUSED: Donald Pressley, Edward Wilusz STAFF: Matt Tucker,
Associate Planner; and Debra Berger, Recording Secretary The meeting was called to order by Chairperson Hentz. Roll call was taken and a quorum declared present. Minutes of the October
13, 2004 meeting were approved as mailed Lang/Cornell. Unanimous. HEARING CONTINUANCE: 721 WASHINGTON AVE. Anne Cutts, applicant and owner is requesting a variance to construct an off-street
parking area in the in the front yard area of the property to Shawano Avenue, whereas Section 30-36 (C)(5)(a) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback
for an off-street parking area. Mr. Tucker introduced the item and circulated photos of the property. The original variance proposal requests an area greater than we typically see for
an off-street parking space located alongside a garage. Mr. Tucker then circulated an updated plan, submitted by the petitioner, that shows a smaller parking space. He stated staff received
this on October 25th, so it was not possible to include it with the staff report to provide the board with an analysis before this hearing. Mr. Tucker stated if the board determines
there is a hardship for this property due to not having driveway parking area, staff would consider what the applicant is proposing as reasonable. Anne Cutts, owner and petitioner, 721
Washington Ave., stated after she received the staff report, she decided to eliminate the proposed patio area. In her opinion, this, then would be the least possible request necessary
in order to accomplish what she needed. They need the proposed offstreet parking area for their third vehicle. Mr. Lang asked Mr. Tucker if there is parking permitted on Shawano Avenue.
Mr. Tucker replied there is parking allowed on both sides of the street and special parking enforcement practices are in place due to the double frontage of the homes on Washington Avenue,
and their lack of available parking. Mr. Tucker further stated there is no curb and gutter on the north side of Shawano Ave. and there are no immediate plans to reconstruct this street.
Mrs. Cutts noted she is waiting to pour the apron pending approval of this variance request. Board discussion followed. Mr. Cornell asked Mr. Tucker a procedural question regarding the
handling of this request. Mr. Tucker replied that this is a continuation of the original variance request heard at the last meeting. The board may amend the petitioners’ original request
by modification of a motion. Mr. Lang stated he feels he has not been given sufficient notice to review the change Mrs. Cutts submitted. He further stated that this time, this request
is not a very complex issue, but in the future he wants to have advanced notice of what the petitioner is requesting if changes are proposed. He’d also like the petitioner to sign off
on what he or she is asking for.
Board of Appeals Minutes -2 -October 27, 2004 Motion by Carpenter for approval of the variance request to construct an off-street parking area in the in the front yard area of the property
to Shawano Avenue, as originally submitted by the petitioner. Seconded by Lang. Chairperson Hentz moved to modify the motion, to approve a 12 ft. wide x 20 ft. deep parking space, as
depicted on the site plan submitted by the petitioner. Seconded by Scheuermann. Voice vote on amendment carried unanimously. Roll call on original motion, as modified. Carried 4-1. Nay
Lang. Finding of the Fact: Mr. Lang stated for the minority’s position, owner induced hardship. The majority concluded approving this variance would not be a hindrance to the neighbors
and relieving parking on the street, makes it a positive situation for this unique property. I: 325 S. EAGLE ST. Principal Anne Schultz, applicant, for Oshkosh Area School District,
owner, requests a variance to permit a bulletin board sign that will be 32 sq. ft. in size; whereas Section 30-37(F)(1)(c) of the Zoning Ordinance permits a bulletin board sign not to
exceed 24 sq. ft. in size. Mr. Tucker introduced the item and circulated photos of the subject property. Anne Schultz, 428 Forest View Rd., Oshkosh, stated the parents of the students
are asking for this proposed sign and have worked long and hard to raise money for it. The sign is intended to provide information about school events, noting that sometimes the students
forget to tell their parents. Mr. Lang inquired about an existing identification sign. Ms. Schultz replied that both Sunset Elementary and Perry Tipler school names are on it. It is
located near the entrance of the school. Connie Warning, 1500 Adams Ave., Oshkosh, spoke in favor of the proposed sign. She is a parent of a middle school student and a member of Perry
Tipler’s parent group, who last year undertook fundraising activities to finance a reader board for the school. In her opinion, the city’s sign ordinance has not kept up with the contemporary
needs of educational facilities in the community. She further stated she thinks the request for a 4ft x 8ft sign is a reasonable size considering both the middle and elementary school
use it. During board discussion it was noted that an internally illuminated sign would not be intrusive or have an adverse impact on the neighborhood. Motion by Lang for approval of
the variance request to permit a bulletin board sign that will be 32 sq. ft. in size as requested by petitioner. Seconded by Carpenter. Motion carried 5-0.
Board of Appeals Minutes -3 -October 27, 2004 Finding of the Fact: Mr. Lang stated it is consistent with the initiative the school district is undertaking to better inform parents as
to ongoing activities. He also stated the size of the sign seems appropriate to the size of the property. Chairperson Hentz added there is certainly no adverse impact on neighboring
properties. II: 2450 S. WASHBURN ST. Fred Ubrig, Ubrig Properties LLC, applicant and owner, requests a variance to create two substandard lots, which would be approximately 1.34 acres
and 1.43 acres in size, whereas Section 30-34 (D)(5)(a) of the City of Oshkosh Zoning Ordinance requires a one and one-half (1.5) acre minimum for any lot which fronts onto the right-of-way
of U.S. Highway 41, or any of the frontage roads paralleling U.S. Highway 41. Mr. Tucker introduced the item and circulated a copy of a survey of the property. This was the 1995 survey
that subdivided the property into two parcels, which is similar to the request in front the board today. It was noted the petitioner was not present for this hearing. Motion by Lang
for approval of the variance request to create two substandard lots, which would be approximately 1.34 acres and 1.43 acres in size. Seconded by Cornell. Mr. Lang proposed an amendment
to the motion, as follows: the owner agrees that future development on the new lot must meet all zoning ordinance requirements without requesting variances. He suggested that this be
condition #1. Amendment seconded by Carpenter. Board discussion followed. Chairperson Hentz asked Mr. Tucker if the condition was necessary to make, as it seems like it’s already set
forth in the staff report. Mr. Tucker explained a property owner must meet the setback requirements to obtain a building permit, or they may come in front the board to request variances.
Mr. Tucker explained some scenarios where this condition would be problematic for the owner and the City. He further stated the owner may not record the land division until they receive
variance approval. The condition would be an incentive to a potential buyer to make sure whatever they intend to build will fit. Mrs. Scheuermann inquired if the condition would be an
incentive or would it create a hardship in developing the land if a property owner would be restricted from bring something forward for consideration of a variance. Mr. Tucker said he
would defer back to the beginning of the staff report where it talks about unnecessary hardship. The definition of an “unnecessary hardship” is open to interpretation by the board, petitioner
and by the courts. He further stated that many properties are bought and developed without variances. He noted there are unique circumstances that could create an unnecessary hardship,
and there may be a pre-existing condition that has not been presented to the board, such as easements or environmental restrictions. He stated it is a property owners’ due process right
to request a variance and is not sure how legal it would be to take that right from them. Chairperson Hentz Hentz stated she has a concern about future development and has concerns about
potential for litigation, wondering if the board overstepping their bounds.
Board of Appeals Minutes -4 -October 27, 2004 Roll call vote on amendment. Amendment failed 2-3. Nay Scheuermann, Cornell, Hentz. Roll call vote on original motion. Motion carried 5-0.
Finding of the Fact: It was determined through board discussion that granting this variance would not have an adverse impact on the neighborhood, and is a reasonable request, considering
the irregular shape and size of the lot. It appears it can be developed without any additional variance. OTHER BUSINESS: Mr. Lang stated he would like to put a discussion item on the
agenda of the next meeting. He shared some photos of parking in the front and back yard at a property that recently asked for variances from the Board of Appeals. Mr. Lang stated there
is substantial turnover in real estate property, especially in the university area. Some new owners are buying compromised properties that have some real limitations on them. Discussion
followed regarding enforcement issues, including followup on conditional approvals, policing and and fines, continuing enforcement, and the Board’s powers in regard to these issues.
Mr. Tucker stated there will not be a Board of Appeals meeting on November 10, 2004 since there are no items submitted. He added, traditionally the Board does not meet the day before
Thanksgiving due to the lack of a quorum. Mr. Lang said he would prefer to see the item scheduled when the full board could be in attendance, so it may make sense to schedule Mr. Lang’s
discussion item for the December 8, 2004 meeting. Mr. Tucker said he would ask City Attorney Warren Kraft to attend that meeting to assist the board in answering any legal questions
that they may have. There being no further business, the meeting adjourned at 4:37 p.m. Lang /Carpenter. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT/djb