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BOARD OF APPEALS MINUTES MARCH 12, 2003 PRESENT: Carl Ameringer, Thomas Feavel, Cheryl Hentz, Joel Kluessendorf, Don Krueger EXCUSED: John Schorse, Ed Wilusz STAFF: Matt Tucker, Associate
Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of February 26, 2003
were approved as mailed. (Hentz /Kluessendorf) I: 2006 NORTHPOINT STREET Christopher Dare, owner, is requesting a variance to the City’s Building Code. Per Oshkosh Building Code Section
7-33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Zoning Ordinance, Section 30-6(B)(2)(a) if an equally good or better form of construction is proposed.
All appeals shall be accompanied by supporting data. Matt Tucker introduced the item. Chris Dare, 2006 Northpoint Street, noted that his application also addressed the issue of a second
variance, which was not referred to in the staff report. Mr. Tucker explained that the City Building Code was modified in January 2003, so a variance would no longer be necessary for
the general ceiling height. Ms. Hentz questioned if the variance request for the doorways would be affected by the code modification. Mr. Dare replied that the height of the doors was
unrelated to the ceiling height. He added that the two doorways in question would actually be opening under the beam, which runs the length of the basement. Mr. Kluessendorf questioned
the windows that would be available for egress. Mr. Ameringer asked if the applicant had any problem with the conditions recommended by staff. Mr. Dare responded he did not. Ms. Hentz
said that because safety is a factor she would like to be sure that there is a follow up inspection. Mr. Tucker said he would make a note for a definite final inspection and that he
would report back to the Board upon the results of the inspection.
Board of Appeals Minutes -2 -March 12, 2003 Motion by Feavel to approve a variance request to allow the basement to be finished off into living space with the following conditions: 1)
Installation of an interconnected, hardwired smoke detection system with battery back up, with detectors provided in the following locations: a. In the finished basement rooms with detectors
provided in each section where the room is divided by a beam that projects more than 4” below the finished ceiling. (NFPA 72 2-2.4.3) b. In any unfinished section of the basement. (If
there are separate unfinished rooms, each must be provided with smoke detection.) c. On each floor level above the basement smoke detectors be installed as required by the present code.
2) Measures must be taken to draw attention to the door frame to reduce the risk of hitting ones head. Such measures may include painting/covering the sides of the door frame with a
color that contrasts with the walls and ceiling. Seconded by Hentz. Approved 5-0. Unanimous. Finding of the fact: It was concluded that due to the age of the home and the building structure
there were not many options, it is the least possible variance necessary, and safety issues have been addressed with the installation of the smoke detection system. II: 1540 S. KOELLER
STREET Ann Massey representative for Appleton Sign Company, applicant, and Oshkosh Koeller LLC, owner, are requesting a variance to construct a 4th projecting sign on a mansard style
roof, whereas Section 30-37(F)(2)(a) of the City of Oshkosh Zoning Ordinance permits one projecting sign on each premise. Matt Tucker introduced the item and presented pictures. Ann
Massey, representative for Appleton Sign Company, apologized for the fact that the sign has already been erected incorrectly. Mr. Tucker explained the sign permit was issued and the
sign was erected different than permitted, in violation of the ordinance. He stated that a submittal has been received for a Conditional Use Permit/Planned Development Review for the
mall property property to address the future of wall and ground signs on the property. Mr. Kluessendorf inquired about the similarity in size between the Menard’s sign that was removed
and the proposed sign for Big Lots. Mr. Tucker said the former sign was shorter and wider. There was discussion on the location of the sign, directly above the doors, and the space behind
the sign, which could possibility hold debris, snow, etc., and as a result create a safety concern. There was further discussion on the possibilities of addressing the safety concerns.
It was also noted that it appears the sign was installed in violation of the City of Oshkosh Zoning Ordinance. Discussion continued on the design of the sign and the role of the Inspection
Department in regard to permit issuance, along with the procedure for an appeal to Circuit Court if the request would be denied.
Board of Appeals Minutes -3 -March 12, 2003 Motion by Hentz to lay over the variance request to construct a 4th projecting sign on a mansard style roof. The item to be rescheduled for
the March 26, 2003 Board of Appeals meeting. Seconded by Feavel. Motion approved 4-1. Nay; Krueger. OTHER BUSINESS: Mr. Tucker noted that the utility shed amendment was approved by City
Council on March 11, 2003. The code now allows for utility sheds up to 150 sq. ft. in size. There being no further business, the meeting adjourned at 4:10 p.m. Respectfully submitted,
Matt Tucker Associate Planner MT/mld