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BOARD OF APPEALS MINUTES AUGUST 25, 2004 PRESENT: Robert Cornell, Cheryl Hentz, Donald Pressley, and Edward Wilusz EXCUSED: Dan Carpenter, Larry Lang, 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. Minutes
of the August 11, 2004 meeting were approved as mailed. Cornell/Wilusz. Unanimous. HEARING CONTINUANCE 2301 UNIVERSAL STREET (This was laid over from the 8/11/04 meeting.) R.J. Albright,
Inc., petitioner, Mike Grunsted, Multicircuits, owner, requests a variance to construct an offstreet parking area that will have a 14’6” front yard setback to Badger Avenue and a fire
lane/access drive that will have an 11’10” rear yard setback whereas, Section 30-30 (B) (1) of the City of Oshkosh Zoning Ordinance requires a 30’ front yard setback to Badger Avenue
for an off-street parking area and Section 30-30 (B)(3) requires a 25’ rear yard setback for a fire lane/access drive. Mr. Tucker stated since the same board members are present today
(minus one) as there were when this item was introduced at the August 25th meeting, there was no need to re-introduce the item. He reported he made attempts to contact Mr.Bob Sellers
at Oshkosh Architectural Door Corporation (OADC), to no avail. He indicated representatives from Chamco also tried contacting OADC, and was unsuccessful in getting a response. Michael
Grunsted, President of Multicircuits, stated he has made two additional attempts within the past two weeks, by telephone, to reach OADC, getting no response. Board discussion ensued
with the board concluding the neighbor, (OADC), has not responded despite the numerous contact attempts made by several individuals. Mr. Pressley moved to approve the item with the elimination
of condition number two, requiring a “no build” easement. Motion by Pressley for approval of the variance request to construct an off-street parking area that will have a 14’6” front
yard setback to Badger Avenue and a fire lane/access drive that will have an 11’10” rear yard setback subject to the following condition: 1. A landscape plan be submitted and approved
by the Department of Community Development prior to issuance of a building permit. Landscape plan is to include a refuse disposal area detail and more intensive landscaping in areas
where setbacks have been reduced by the variance. Seconded by Cornell. Motion carried 4-0.
Board of Appeals Minutes -2 -August 25, 2004 Finding of the Fact: Chairperson Hentz stated there is no adverse effect on the neighboring properties and that this is the least variance
necessary to correct the situation and accomplish what the owner and applicant are requesting. A good faith effort was made to contact the neighboring property (OADC) to obtain the easement
referenced in condition 2 in the staff report. Granting this variance, dropping the second condition, is the best possible conclusion the board could have. I: 1508 OREGON ST. Jayna Phillips,
applicant and owner, is requesting a variance to reconstruct an off-street parking area that will have a 0 foot transitional yard setback, whereas Section 30-35(B)(1)(c) of the City
of Oshkosh Zoning Ordinance requires a 19’3” transitional yard setback for an off-street parking area. Mr. Tucker introduced the item and circulated photos of the subject property. Jayna
Phillips, 1508 Oregon St., stated the 19’3” transitional yard setback area is actually an easement for the adjacent properties for vehicular use and parking. Mr. Cornell questioned if
grading and paving this area was then a benefit to the neighbors. Ms. Phillips replied, yes it was. Board discussion followed with Mr. Cornell questioning Staff about a map, included
with the staff report, submitted by the owner. Mr. Tucker replied it showed proposed grading on the property, submitted as part of a building permit request. The subject property, as
it stands right now, is currently inappropriately graded. This would be corrected during the reconstruction process. Motion by Pressley for approval of the variance request to reconstruct
an off-street parking area that will have a 0 foot transitional yard setback. Seconded by Cornell. Motion carried 4-0. Finding of the Fact: Mr. Wilusz stated clearly, strict compliance
with the letter of the law in this case would cause unnecessary hardship to the owner. There would be no harm to public interest by granting this variance, that in fact it would be an
improvement. Chairperson Hentz agreed adding that drainage would be improved as well. II: 1623 ALGOMA BLVD. Beth M. Hare, owner and applicant, is requesting a variance to construct an
addition to the existing driveway in the front yard setback area that will be wider than the garage and serve as a vehicle turn-around and front yard parking space, whereas, Section
30-36(C)(5)(b) of the City of Oshkosh Zoning Ordinance requires driveways leading to garages shall not exceed the width of the garage and Section 30-36(C)(5)(a) requires offstreet parking
spaces shall provide a minimum 25 foot front yard setback. Mr. Tucker introduced the item and circulated photos of the subject property. He explained that although the property owner
is requesting a variance for a turn-around, the size of the turn-around qualifies it as a front yard parking space also.
Board of Appeals Minutes -3 -August 25, 2004 Beth Hare, 1623 Algoma Blvd., stated her biggest concern is the amount of traffic on Algoma Blvd. She said it was dangerous backing her vehicle
across 4 lanes to head north on Algoma Blvd. Dianne Senderhauf, 1630 Algoma Blvd., spoke in favor of the request, stating she has a driveway turn around. Beth Hare presented the board
with letters of support from two neighbors (on file in the Community Development office). Bonnie Marousek, 1304 Algoma Blvd., stated she is here in support of granting this variance.
She said she met Beth at the meetings concerning the widening of Algoma Boulevard. She spoke of the process, stating when negotiating with various officials there was a spirit of “give
and take.” Common property owners had some requests and they were honored as deemed feasible. She states that due to the street reconstruction, loss of property value, trees, and increase
in traffic have been the result. She further stated there are only three other residents in this area that are not able to leave their property in a forward motion of a vehicle. Board
discussion: Mr. Pressley asked staff if the biggest problem was the size of the parking space? Mr. Tucker replied yes, the proposed parking space is very large and the owner’s garage
is very small. The parking space could be reduced but it then would be less than the graphic standard identifies what is necessary. He also stated that backing out of a property into
traffic is not an unusual scenario. Mr. Tucker then circulated a photocopy of the architectural graphic standard for a turn-around. Chairperson Hentz inquired why Ms. Hare wouldn’t adapt
Mr. Tucker’s alternative recommendation in the Staff Report, to widen the driveway. Mr. Tucker replied the alternative he suggested would not resolve the issue of exiting the property
in a forward motion. Ms. Hare stated she has had two blue spruce trees taken down and had a wider approach to her driveway installed when the widening of the street took place to increase
her visibility. She still has difficulty exiting her driveway. Mr. Tucker noted it is possible to reduce the depth of the turn-around area so that if there would be a vehicle parked
in it, access to the garage would be obstructed. Therefore vehicles wouldn’t be parked there, thus making the area function as a turn-around as opposed to a parking space. Don Merkes,
377 Nassau St. Menasha, spoke in favor of the variance. He worked with Ms. Hare in determining the least possible area, while still achieving her goal of exiting the property in a forward
motion. Mr. Merkes stated on the original proposal they had 17 ft. in depth and 10 foot width, which they have redesigned to 13 foot depth and a 9 foot width. He circulated an updated
site plan showing the redesigned turnaround area. Mr. Wilusz stated that safety has been identified as an issue, and questioned if staff has any traffic or accident statistics. Mr. Tucker
indicated he had consulted with Mark Huddleston, City of Oshkosh Transportation Director, who provided statistics, including number of vehicles per day, average speed, and hourly traffic
counts between 12/16/2002 and 12/17/2002, and the number of accidents in 2003 and 2004 (to mid July) for the study area. Mr. Cornell questioned staff if there would be landscaping requirements
set forth in a condition. Mr. Tucker replied landscaping requirements are generally not set for single family residences, and enforcement would be difficult.
Board of Appeals Minutes -4 -August 25, 2004 Chairperson Hentz stated she would support the modified plan, as submitted by Mr. Merkes. Mr. Pressley asked staff if a landscaping plan
would need to be submitted for approval by the Department of Community Development. Mr. Tucker said he would assist Ms. Hare with landscaping without a need to place a condition on this
variance. Mr. Cornell noted he had a problem with the hardship in this case, as it is not individual to the petitioner. He said there are three houses in a row with the same situation.
He clearly sees the safety benefit granting this variance would provide, but struggles with the guidelines the board needs to adhere to when reviewing variances. Motion by Pressley for
approval of the variance request to construct a driveway addition/vehicle turnaround in the front yard area as depicted on the attached site plan. Seconded by Hentz. Motion carried 4-0.
Finding of the Fact: It was concluded through board discussion that approving the modified, scaled scaled down plan would be the least variance necessary, to increase safety. There being
no further business, the meeting adjourned at 4:10 p.m. Wilusz/Cornell. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT/djb