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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES SEPTEMBER 8, 2004 PRESENT: Dan Carpenter, Robert Cornell, Cheryl Hentz, Larry Lang, and Edward Wilusz EXCUSED: Donald Pressley and Meredith Scheuermann 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. Mr. Carpenter commented he was pleased the with the Board’s action in regard to 2301 Universal Street. Minutes of the August 25, 2004 meeting were approved as mailed. Cornell/Wilusz. Unanimous. I: 1410 ALGOMA BLVD. Paine Art Center and Gardens, owner, Aaron Sherer, applicant are requesting a variance to construct an additional identification sign that will have a 0 foot front yard setback, whereas Section 30-18(B)(3)(c) of the City of Oshkosh Zoning Ordinance requires a 25 foot front yard setback for an identification sign. Mr. Tucker introduced the item and circulated colored photos of the proposed sign. Aaron Sherer, Executive Director, Paine Art Center Center and Gardens, 1410 Algoma Blvd., stated the current sign is located between the street and the sidewalk and occasionally gets hit by vehicular traffic. The Paine wishes to replace the sign with a more appropriate, monument style sign. The proposed new sign would be set back from the sidewalk and be more appropriate for the building. The existing sign would be removed after installing the proposed new sign. Mr. Cornell questioned Mr. Tucker about the staff report stating the proposed sign would be an additional identification sign, but yet the old one is going to be removed? Mr. Tucker explained that the existing sign in the terrace area will be removed. He also explained there are a number of small emblems and signs that identify the Paine Art Center and Gardens, which are considered identification signs according to the ordinance. However, they are not the primary identification sign. Mr. Lang and Mr. Sherer discussed location of the sign relative to the existing sidewalk. Mr. Lang inquired if the board would be asked at a later date to grant a variance for an additional signage identifying the current events at the Paine. Mr. Sherer replied no, they currently display banners to inform the public of events and will continue to do so in conformance with the City’s ordinances. Board discussion ensued with the board concluding the proposed sign would be a definite improvement over the existing sign. Motion by Lang for approval of the variance request to construct an additional identification sign that will have a 0 foot front yard setback. Seconded by Cornell. Motion carried 5-0. Finding of the Fact: Chairperson Hentz stated the proposed sign would be a definite improvement over the existing sign, and it would be an improvement to having the terrace sign removed. Board of Appeals Minutes -2 -September 8, 2004 II: 915 HAZEL ST. Oshkosh Area School District, owner, Patricia Vickman, applicant are requesting a variance to permit an additional bulletin board sign that will be 60+ sq. ft. in size, whereas Section 30-37(F)(1)(c) of the City of Oshkosh Zoning Ordinance permits one bulletin board sign, not to exceed 24 sq. ft. in sign area. Mr. Tucker introduced the item and circulated photos of the proposed sign. Patricia Vickman, Principal, Webster Stanley Elementary School, 915 Hazel St., handed out brochures including information about the many activities, events and programs held at the school. She stated that often people participating in events are not familiar with the school complex. She stated they have tried to utilize the middle school’s message center sign, which is free standing and 24 sq.ft. on each side. This has not worked well due to the fact the sign is located approximately a block away from the elementary school entrance. Ms. Vickman also stated there is no opposition from the neighbors regarding the proposed sign. Mr. Carpenter asked about the graphics on the sign. Ms. Vickman replied the school recently won national and state awards, represented in the graphics found on the two lower corners of the sign. Ms. Vickman explained the clip art in the middle of the sign is what they use in all of their promotional materials so that all nationalities feel they are a part of the school community. She further stated last year the school was open 1200 hours for community groups. Ms. Hentz asked what hours the sign would be lit. Ms. Vickman replied from dusk until about 9:00 P.M., daily. Mr. Lang inquired about the lighting of the sign. Ann Simon, Appleton Sign Company, stated the sign would be internally lighted, using florescent bulbs. A discussion followed with Ms. Vickman and Mr. Tucker noting the number and location of all of the signs on the property. Ms. Simon was asked if the sign could be 24 sq. ft. and still get the message displayed. She replied it would would not be legible from fifty plus feet away, which is the distance you would be if you were in a vehicle approaching the sign. She further stated for every ten feet away there needs to be one inch of character height for a sign to be readable. In her opinion, the characters need to be six inches tall to be readable from the street. Other options such as removing the school name, address and phone number to reduce the size of the sign were discussed. Amy Weinsheim, 1125 Merritt Ave., and Vicki Halliday, 900 Grove St. both spoke in support of the proposed sign stating the positive value it would have, providing information for the public regarding the many events that take place at the school. Mr. Tucker stated the city sign regulations that relate to institutions have not been updated in many years. The city staff is in the process of preparing updates to the ordinance right now. It was noted that a deficiency exists in the current ordinance, restricting an institution to one identification sign for the entire property. Chairperson Hentz asked Ms. Simon if it would be possible to reduce the height of the children characters. Ms. Simon replied, yes, it could be done but the part of their message, ‘a place of heart where we love to learn.’ would not be readable. Mr. Lang stated he is going to support the sign, exactly as it’s being requested. He further stated he will strongly oppose anything other than their original request. Mr. Cornell stated he sees the need for the sign, but not as large as the size they are requesting. Board discussion followed with Mr. Carpenter stated the proposed sign is not offensive in any way, there is no neighborhood opposition, and it is informative. He also appreciates the fact it has a 30 ft. setback from the street and has a timer operating the illumination. Mr. Cornell stated he thinks that there is too much advertising on the sign. He suggested the petitioner could have a smaller sign with 6 inch lettering omitting graphics, address and phone number. Chairperson Hentz indicated she would not support 60+ sq. ft. sign. She would support 48 sq. ft. sign. She feels putting the Hazel St. address on the sign does not accomplish what they want to, since you can not read it when traveling on Hazel St.. Mr. Lang questioned staff about temporary banner regulations. Mr. Tucker provided that information. Board of Appeals Minutes -3 -September 8, 2004 Mr. Lang stated he thinks a 24 sq. ft. sign is really quite small for a building of this size. Mr. Wilusz referred to the standards for approval of a variance, if conformity with the existing code is unnecessarily burdensome? He thinks the consensus is yes, 24 sq. ft. size too small, but 60 sq. ft. is a little too big. The upcoming changes to the code are weighing on Mr. Wilusz. He asked Mr. Tucker if this type of issue will be reviewed at that time. Mr. Tucker replied, yes. Mr. Wilusz would like to consider the petitioner’s request in light of the fact the code could arguably be outdated as it applies to this situation. Mr. Carpenter stated granting this variance would not result in harm to public interest, but in fact do the public good. He supports granting this variance. Mr. Tucker stated only approximately 24 sq. ft. of the proposed sign would be used for bulletin board messaging. They are combining an identification sign with a bulletin board sign into one, with the identification sign part being quite large. This is in addition to the existing identification sign, currently on the building above where the proposed sign is to be placed. He further explained the allowances for signage at the school, which permit a total of 74 sq. ft. of sign of which is a combination of a bulletin board and identification sign. Motion by Lang for approval of the variance request to permit an additional bulletin board sign that will be 60+ sq. ft. in size. Seconded by Carpenter. Motion denied 3-2. Nay Cornell, Hentz. Motion by Hentz for approval of the amended variance to permit an additional bulletin board sign that will be 48 sq. ft. in size. Seconded by Cornell. Motion carried 4-1. Nay Lang. Finding of the Fact: Mr. Lang stated the minority’s position is that the board micro-managed. Mr. Wilusz stated granting this variance is clearly in the public interest. Chairperson Hentz stated for the majority, that, in her opinion, the board did not micro-manage, that this is what they have done in the past on other issues when they have needed to make changes. Changes were made to arrive at a happy medium. Other Business: The Board discussed the method of how the board will handle motions, making amendments, and approvals of requested variances. It was the consensus of the board that they first move to approve the variance request, as proposed by petitioner. After a motion is seconded and is on the table, it may be modified. A simple majority is required to modify the initial motion. This procedure is the most fair way to hear all board members’ concerns and permit members the latitude to generate a consensus when discussing or modifying a variance request. It was also noted that a board member should bring up, during board discussion, if he or she is intending to amend the petitioner’s variance request. There being no further business, the meeting adjourned at 5:05 p.m. Lang/Cornell. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT/djb