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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES AUGUST 11, 2004 PRESENT: Dan Carpenter, Robert Cornell, Donald Pressley, Edward Wilusz and Cheryl Hentz EXCUSED: Larry Lang , 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 July 28, 2004 meeting were approved as amended by Mr.Cornell regarding adjournment time. Carpenter/Cornell. Unanimous. Chairperson Hentz noted there has been a request from Mike Grunsted, President of Multicircuits, to move his item ahead to be heard first due to other commitments. There were no objections noted, 2301 Universal Street was moved to item I on the agenda. I: 2301 UNIVERSAL STREET R.J. Albright, Inc., petitioner, Mike Grunsted, Multicircuits, owner, request a variance 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 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 introduced the item and circulated photos of the subject property. Mr. Tucker stated there was a variance granted on May 26, 2004, that included the condition, a “no build” easement be obtained from the adjacent property owner to the south. At the May 26th meeting, Mr. Bob Sellers, General Manager, Oshkosh Architectural Door Corporation (OADC), indicated they would be O.K. with providing Multicircuits with a “no build” easement. Since that time, the petitioner has unsuccessfully been trying to communicate with OADC officials about drafting the easement, and now wishes to have the “no build” easement condition removed. Michael Grunsted, President of Multicircuits, stated he has attempted to call and has written letters to Mr. Sellers. To date, there has been no response. Mr. Grunsted further stated he would like to move forward with the expansion and is requesting the same variance be granted without the “no build” easement condition. Mr. Wilusz questioned if there was any feedback at all. Mr. Grunsted replied that it was not OADC’s General Manager, Bob Sellers, decision to make. The decision needs to come from the owner who he believes lives in North Carolina. Mr. Grunsted stated he made 6 attempts by telephone and hand delivered the document to Oshkosh Architectural Door Corporation, with no response to date from the general manager or the owner. Chairperson Hentz questioned why staff is still recommending approving the variance with the condition. Mr. Tucker explained that when staff initially met with Chamco and the petitioner, representatives from Chamco indicated they had a relationship with OADC, and would work to negotiate a no-build easement. Mr. Tucker further noted it is within the board’s power to make the decision whether or not to drop the conditi on.Board of Appeals Minutes -2 -August 11, 2004 Bob Albright, R.J.Albright Inc., stated they spoke with Chamco first and Chamco recommended approval of the variance as requested. He then met with City of Oshkosh Staff and some options were discussed. Bob stated he feels everyone made their best efforts but that the “no build” easement is difficult to obtain. He stated there would not be a problem meeting the landscaping requirement as stated in condition number one, but do not feel they will be able to get the “no build” easement to comply with the second condition. Mr. Tucker stated the green area between the two developments may be reduced by the removal of “no build” easement condition. Board discussion ensued with Mr.Wilusz inquiring to staff about the overall purpose of the zoning laws in terms of the setback requirements. Mr. Tucker explained the purpose of these laws is to effectively buffer the properties, to provide the minimum necessary buffering and landscaping between mixed large-scale developments. Mr. Carpenter stated he is troubled by the fact no representative from OADC has responded, or is here after being contacted so many times. Chairperson Hentz suggested lay this item over for 2 weeks, giving City staff the time to try contacting the general manager or the owner and explain to them the urgency of this. Mr. Pressley stated he would like to drop the second condition and approve the variance today. He’d rather see two thriving businesses ten feet apart than two empty buildings 500 feet apart. It was noted that the proposed improvements would benefit the City by keeping a manufacturing facility in town and would improve employee safety. It was concluded through board discussion that the board would like to see the no-build easement obtained, but laying this item over to the next meeting would not cause substantial harm. This would give staff time to try to contact general manager and/or owner of OADC, to try and receive a response. Chairperson Hentz made a motion to lay the item over for two weeks. Seconded by Carpenter. Motion carried, 4-1. Pressley -nay. II: 1306 OSHKOSH AVENUE Dale Hochstein, Carriage House Investment, LLC, applicant and owner, is requesting a variance to construct an off-street parking /delivery area that will have a 0 foot side and rear yard setbacks, whereas section 30-25(B)(2) of the City of Oshkosh Zoning Ordinances requires a 10 foot side yard setback and section 30-35(B)(1)(c) requires a 19 foot 3 inch transitional yard setback for an off-street parking /delivery area. Mr. Tucker introduced the item and circulated photos of the subject property. Mr. Tucker stated the owner intends to pave an existing gravel area. The petitioner is aware that he will be installing a catch basin and connect a pipe over to the storm sewer drainage system to eliminate a drainage problem in that area. Mr. Tucker noted that when the city replaced the sidewalk at that location, it was built to a standard that would support truck traffic, similar to a typical street. Dale Hochstein, applicant and owner, stated he routinely adds gravel to the area, but there is a lot of standing water in spring, creating a very messy area. Paving the area would create a neater, cleaner area for the vehicles coming in. Board discussion ensued concluding paving the area would not be a hardship to anyone in the neighborhood and would definitely be an improvement to the area, increasing drainage. Board of Appeals Minutes -3 -August 11, 2004 Motion by Cornell for approval of the variance request to construct an off-street parking /delivery area that will have a 0 foot side and rear yard setbacks. Seconded by Wilusz. Motion carried 5-0. Finding of the Fact: It was determined by board discussion that granting this variance to would not have an adverse impact to the neighborhood and it would be an improvement to the area to have it properly graded and drained. Other Business Mr. Tucker announced a new board member, Meredith Scheuermann, appointed to fill the alternate #2 seat. There being no further business, the meeting adjourned at 4:05 p.m. Wilusz/Hentz. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT/djb