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BOARD OF APPEALS MINUTES AUGUST 13, 2003 PRESENT: Thomas Feavel, Cheryl Hentz, Larry Lang, John Schorse, EXCUSED: Carl Ameringer, Ron Montgomery, Ed Wilusz, STAFF: Matt Tucker, Associate
Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairman Schorse. Roll call was taken and a quorum declared present. The minutes of July 23, 2003 were
approved as mailed. (Hentz /Lang) Unanimous. Matt Tucker reported to the Board that he spoke with City Attorney, Warren Kraft, in regards to the procedures for motions. He explained
that Mr. Kraft was unable to attend the meeting. Mr. Tucker stated that there is no indication within the present procedures as to any rule of order that is to be maintained for the
Board of Appeals. Mr. Kraft had relayed to Mr. Tucker that the Board has a procedure in place that has been used for many years and it has not received any negative comments from the
court system or other bodies, who are familiar with the Board’s procedures, so his recommendation was to to maintain the current procedure. It was noted that the Board could change procedure
or alter specific rules that are presently in place if they so desired. Mr. Lang asked if the Board operates under Robert’s Rules. Mr. Tucker responded that Robert’s Rules are not mentioned
in the guidelines. He added that minutes from the meetings are sent to the Common Council, etc., for review and there have been no questions on procedure. Mr. Tucker noted that the Board
is not a legislative body, but rather quasi-judicial. Ms. Hentz said, in her opinion, it would complicate the issue to move the item on to the table before board discussion, because
due to the nature of many of the variances it is necessary to amend the requests. Mr. Feavel agreed with Ms. Hentz. Ms. Hentz said she would like the opportunity to review the existing
rules. Mr. Lang stated that it is necessary for committees to have structure and rules for operating. He discussed rules of order as related to Robert’s Rules of Order. Chairman Schorse
stated stated that the Board is not a committee and stated that it does have procedures, which it has followed for many years. Mr. Tucker said he would update the Procedures and Regulations
Guideline, which has not been updated since 1982, and include it in the next packet for the Board members. He added that if there were to be a review of the procedures he would invite
the City Attorney to be present to answer any questions.
Board of Appeals Minutes -2 -August 13, 2003 I: 1103 DOVE STREET Tom Schneider, applicant and owner, is requesting a variance to construct an attached garage addition to a dwelling located
within the 100 year floodfringe, that will not meet the standards for development in floodfringe areas by having a 6 foot + fill radius, whereas Section 30-56(C)(1)(a)(1) of the City
of Oshkosh Zoning Ordinance requires residential structures to have a fill radius of 15 feet extending around the addition at an elevation of one (1) foot or more above the regional
flood elevation. Matt Tucker introduced the item and presented a photo of the property. It was noted that the applicant was not present. Mr. Tucker said he had expressed to the applicant
that it would be in his best interest to be present for the meeting, however the applicant indicated that he had to work. Ms. Hentz said she had questions for the applicant and was not
entirely comfortable responding to the item without having an opportunity to speak to the applicant. Mr. Lang said he had concerns for the adjacent property, 1109 Dove Street, on issues
as to what the definite proposal is to meet the floodplain provisions. He said that the decision that is made would have a direct impact on the adjacent property. Mr. Lang also voiced
a concern on the issue of possible water run off, which would result with the possible proposal for sloping grades. Chairman Schorse asked what information would be required for a building
permit to be issued. Mr. Tucker explained that the proposal to provide a floodplain fill radius would have to be depicted on the site plan and added that water run off would not be allowed
to create a negative condition for the adjacent property owner. Ms. Hentz inquired if the applicant had expressed a concern with the condition that staff had recommended. Mr. Tucker
responded that the applicant indicated that he would do what ever was necessary to secure the building permit. Chairman Schorse said he would approve the variance as long as there was
approval from the Inspections Department. Mr. Feavel asked if approval was needed from the Department of Natural Resources and noted that adjacent properties were notified of the variance
request and if they had objections they would be at the meeting to voice their concerns. Mr. Tucker explained that local zoning is the authority put in place to address the floodplain
issue. He noted that Dick Koch, Floodplain/Habitat Projection Coordinator for the Department of Natural Resources, had not indicated any objection to the request. Mr. Tucker stated that
he did receive a phone call from Alice Wheatley, 1037 Dove Street, who was concerned about runoff from the project. She spoke again to Mr. Tucker after discussing the issue with the
applicant and indicated that she no longer had reservations about runoff as a result of the construction.
Board of Appeals Minutes -3 -August 13, 2003 Mr. Lang noted his reservations, mentioning that the property owner at 1109 Dove Street received a copy of the Application for Variance,
however they are not made aware through that application on what the proposals are for the lot line between their property and the applicant’s property. Ms. Hentz suggested that the
item be laid over to the next meeting so perhaps the applicant could be in attendance. Mr. Tucker reminded the Board that they have the ability to modify or condition the variance request.
There was further discussion on the possible alternatives. Motion by Lang to approve a variance to construct an attached garage addition to a dwelling located within the 100 year floodfringe,
that will not meet the standards for development in the floodfringe areas by having a 6 foot + fill radius with the following condition: 1) There be an agreement between the subject
property and the property owner of 1109 Dove Street as to how the fill radius area will be installed along the lot line between the two properties. Seconded by Hentz. Motion approved
4-0. Unanimous. Finding of the fact: It was concluded that it is the least variance necessary, there would be no negative impact on neighboring properties, there is a unique characteristic
about the subject property which created the hardship, and the hardship was not self-created. OTHER BUSINESS There being no further business, the meeting adjourned at 3:55 p.m. Respectfully
submitted, Matt Tucker Associate Planner MT/mld