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BOARD OF APPEALS MINUTES JULY 28, 2004 PRESENT: Dan Carpenter, Robert Cornell, Larry Lang, and Cheryl Hentz 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 July 14, 2004 meeting were
approved as mailed. Cornell/Lang. Unanimous. I: 1609 NORTHPOINT STREET Sandra Drexler, applicant and owner, is requesting a variance to permit a detached garage to be located in a side
yard setback area with a 2.5 foot side yard setback, whereas Sections 30-17(B)(4)(c)(iv) of the City of Oshkosh Zoning Ordinance require a 7.5 foot side yard setback for detached garages
located in a side yard area. Mr. Tucker introduced the item and circulated photos of the subject property. David Drexler, owner, 1609 Northpoint Street, stated the garage is located
approximately 20 feet from the new addition (a sunroom and enlarging their existing bedroom). Mr. Drexler stated this was the only area available for expansion. This results in the garage
being in a portion of the side yard area. Mr. Lang asked if this garage in a side yard area was typical of this neighborhood. Mr. Drexler replied yes, that it was typical of 1950’s construction
era. Board discussion ensued, with Mr. Cornell stated the new addition would not be extending any farther north than the house and it does not make sense to move the garage. He further
stated the proposed addition would not create a hardship to the rest of the neighborhood. Chairperson Hentz agreed. Mr. Lang said he didn’t think it has any adverse impact on the neighborhood.
The location of the garage relative to the side lot line would not look any different after the construction of the addition than before. Motion by Lang for approval of the variance
request to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback. Seconded by Cornell. Motion carried 4-0. Finding of the Fact: It was
determined by board discussion that there would no adverse impact on the neighborhood by allowing the garage to remain in its existing location. II: 110 N. SAWYER STREET James Putman
(Kempinger Putman Architects), applicant; Unified Catholic Schools (Stanley Spanbauer), owner, are requesting a variance to construct an off-street loading space in a required front
yard setback area that will have a 5 foot front yard setback to Josslyn Street whereas, Sections 30-17 (B)(2)(c) of the City of Oshkosh Zoning Ordinance require a 25 foot front yard
setback for a loading space. Mr. Tucker introduced the item and circulated photos of the subject property. Mr. Tucker stated the loading area, as proposed, requested two loading spaces,
which is more than the single space that they would need. James Putman, Kempinger Putman Architects, circulated a schematic drawing showing a 10 foot front yard setback rather than a
5-foot front yard setback to Josslyn Street and reduce the north/south depth of the space to 25 feet, feet, while still providing a functional off-street loading area. This modification
to the petitioner’s original request is indicated in condition number one in the staff report, and is the result of discussions with staff.
Board of Appeals Minutes -2 -July 28, 2004 Mr. Putman outlined the owners needs of being able to pull a vehicle off the street, load on a hard pavement, and have the ability to back
up into a small maneuvering area, and then drive straight out on to Josslyn Street by forward motion of a vehicle. Stanley Spanbauer, of the Unified Catholic Schools system, stated they
have a landscaping committee, and are working with Gary Heinzl of Roe Nursery. Mr. Carpenter asked about how this loading area would affect the traffic patterns for dropping off students.
Mr. Spanbauer replied they would have two drop off lanes, one off of Sawyer Street and one off of Josslyn Street. Mr. Putman added all of the traffic for the student drop off area is
still in the parking lot area in the north side, not near the proposed loading area. Mr. Cornell asked if the proposed loading area would eliminate a dangerous situation of not having
the loading taking place on Josslyn Street. Mr. Putman agreed. Chairperson Hentz asked Mr. Spanbauer if he had any objections to any of the conditions. Mr. Spanbauer said he did not.
Regarding condition number three, Mr. Spanbauer stated there would be no parking in the loading area at times other than loading times. Board discussion ensued concluding granting this
variance would be an improvement and beneficial for everyone. It would definitely help traffic flow and be a positive safety factor. Mr. Lang stated he would recommend this variance
be granted with the 10 foot front yard setback. Motion by Lang for approval of the variance request to construct an off-street loading space in a required front yard setback area that
will have a 5 foot front yard setback to Josslyn Street subject to the following conditions: 1. The width and depth of the loading space and maneuvering area be reduced to the minimum
necessary to functionally maneuver onto the site by forward motion of the vehicle. This reduction shall result in the offstreet loading area having a 10 foot front yard setback and the
loading space shall shall be no deeper than 25 feet. 2. 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 an increase in the percentage of landscaping relative to the percentage of reduction in setback in areas where setbacks have been reduced by a variance.
3. No vehicles shall be parked in the loading areas at any time, other than during times of loading/unloading. Seconded by Carpenter. Motion carried 4-0. Finding of the Fact: It was
determined by board discussion that by granting this variance to provide a loading space, it would alleviate the potential for a dangerous on-street loading area problem. The proposed
off-street loading area, including the three conditions, would improve traffic flow, ensuring safety. There would no adverse impact on the neighborhood and in fact with the addition
of landscaping, the impact of the loading area would be minimized. There being no further business, the meeting adjourned at 3:47 p.m. Lang/Carpenter. Unanimous. Respectfully Submitted,
MATT TUCKER Associate Planner MWT/djb