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BOARD OF APPEALS MINUTES FEBRUARY 26, 2003 PRESENT: Cheryl Hentz, Joel Kluessendorf, Don Krueger, John Schorse EXCUSED: Carl Ameringer, Thomas Feavel, 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 12, 2003
were approved as mailed. (Schorse/Kluessendorf) Hentz abstained. I: 351 S. WASHBURN STREET Wal-Mart Real Estate Business Trust, applicant, and representative Steve Wagner of Continental
Properties Company Inc., owner, are requesting a variance to construct an 8’ tall solid fence in the side yard area, whereas Section 30-35(E)(4) of the City of Oshkosh Zoning Ordinance
requires a 25’ setback for fences taller than 6’. Matt Tucker introduced the item. It was noted that there was no representation present from the applicant or the property owner. Chairman
Krueger inquired about the type of material for the proposed fencing. Mr. Tucker said that the fence has been erected of solid cedar wood, with the posts facing the Wal-Mart side. He
noted that the solid wood fence has been constructed at a height of 6’in the northwest corner of the site and an 8’tall solid fence has been constructed on top of the berm along the
west of the site. The variance request is for the 8’ solid wood fence in the southwest area of the site. Ms. Hentz asked if the applicant and owner did not understand the City of Oshkosh
ordinance. Mr. Tucker explained that the intention of the applicant and owner is to minimize the possible negative impact to the adjacent properties. Ms. Hentz said she would like it
noted that Wal-Mart is not special and does not have any additional rights than other citizens and Wal-Mart should be aware of the fact that they need to follow procedure. She noted
that Wal-Mart did recognize the fact that there could potentially be a negative impact. Ms. Hentz questioned if there were any letters of objection or letters of approval from adjacent
property owners. Mr. Tucker said that there were no letters received for or against the variance. Motion by Hentz to approve a variance request for an 8’ tall solid fence in a transitional
yard area. Seconded by Schorse. Approved 4-0. Unanimous.
Board of Appeals Minutes -2 -February 26, 2003 Finding of the fact: It was concluded there would be no adverse impact on the neighboring properties and it could actually create less
of an adverse impact for neighboring properties, there are no safety issues involved, and it was noted that the fence has already been constructed. OTHER BUSINESS: Mr. Tucker noted that
the expansion for utility storage sheds up to 150 sq. ft. went before the Common Council on Tuesday February 25, 2003. He noted the first reading was heard and it appeared to be non
controversial. There being no further business, the meeting adjourned at 3:43 p.m. Respectfully submitted, Matt Tucker Associate Planner MT/mld