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PLAN COMMISSION MINUTES DECEMBER 16, 2003 PRESENT: David Borsuk, Jon Dell’Antonia, Shirley Mattox, Donald Pressley, Kathleen Propp, John Ruppenthal, Cathy Scherer, and Lee Bettes, Chairman
EXCUSED: Steve Gehling, Jack Heinemann, and Patrick Weston STAFF: Darryn Burich, Principal Planner, Matt Tucker, Associate Planner, Jackson Kinney, Director of Community Development,
and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of the December 2,
2003 meeting were approved as mailed. (Ruppenthal/Borsuk) Unanimous. I: CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE RECYCLING AND STORAGE OF VEHICLES AND PARTS (JUNKYARD OPERATIONS)
AT 3000 OREGON STREET Lorenz Rangeloff, petitioner/owner, requests the Plan Commission to review and approve a conditional use permit to permit automobile recycling and storage of vehicles
and parts (junkyard type operations) at 3000 Oregon Street. The 1.77 acre property is zoned zoned M-3 General Industrial District that allows such uses only through CUP. Mr. Burich introduced
the item with a PowerPoint presentation and noted additional conditions recommended by staff. Mr. Dell’Antonia questioned whether an 8’ tall fence would be high enough to screen the
junkyard. Mr. Burich asked Associate Planner, Matt Tucker, to respond to the question. Mr. Tucker stated he had reviewed the fence issue with Mr. Dannhoff, Director of Inspection Services,
and they felt that an 8’ high fence would be tall enough to address screening the site as required by the Oshkosh Zoning Ordinance. Lorenz Rangeloff, 3020 Oregon Street, stated he had
developed the site as a result of his towing business. He stated since he is not licensed for salvage operations at this site it is categorized as a junkyard according to the City of
Oshkosh Zoning Ordinance. He stated he is not in the junkyard business at the subject property and is licensed as a junkyard and salvage operation in Neenah. He explained he is not wrecking
or dismantling cars at this site, and vehicles that are not operable or licensed on site are repaired or used for parts to repair other vehicles. Mr. Rangeloff passed around pictures
of the salvage yard in Neenah enclosed by a 6’ fence. (On file in the Department of Community Development.) He stated the type of fence shown in the pictures is what he is proposing
for Oshkosh. He also stated he owned two residential properties to the south of the subject site. Mr. Rangeloff questioned the setback for fences according to the Oshkosh Zoning Ordinance.
Mr. Tucker stated a 6’ tall fence could be installed on the lot line, however a taller than 6’ fence would have to meet the setback requirements of the principal structure.
Plan Commission Minutes 2 December 16, 2003 Mr. Ruppenthal noted that cars at the site seem to accumulate faster than they are disposed of. Mr. Rangeloff stated he takes in approximately
1000 cars a year, and can tow as many as 15 cars per day from the result of accidents, abandonment, or cars in need of repair. Mr. Rangeloff stated the State requires abandoned cars
to be held for a set time frame, and other cars may sit for quite awhile because of insurance settlements, therefore, there are factors that restrict cars from being moved off of site
in an expeditious manner. Mr. Ruppenthal noted that the operation appeared too small for the property because vehicles appeared to be encroaching onto adjacent properties. Mr. Rangeloff
stated he uses his personal property adjacent to the site for business purposes also, as he bought the residential property to expand the business into. Mrs. Propp questioned if Mr.
Rangeloff had any problem with the conditions as listed in the Staff Report, and as amended per Mr. Burich’s presentation. Mr. Rangeloff stated he didn’t have any problem with the conditions
with the exception of the requirement for an eight (8) foot high fence to enclose the storage area. He stated an eight foot high fence would be harder to maintain. He compared his operation
with Oshkosh Truck Corporation, to the south, who has parts and trucks in plain sight. Ms. Mattox stated she noticed a fence sign for auto sales and questioned how many cars Mr. Rangeloff
sells. Mr. Rangeloff stated he sells approximately 50 cars a year. Ms. Mattox questioned if all the cars in the front of the site are for sale. Mr. Rangeloff stated all the cars in the
front are for sale with the exception of any customers who may be parked there. Ms. Mattox questioned if moving the fence into compliance, particularly on the north lot line, would be
too close to the building. Mr. Rangeloff stated he has discussed the fence issue with Mr. Tucker because he feels moving the fence in 10’ to comply with the Zoning Ordinance would create
create constant maintenance issues with employees backing into the fence as they move vehicles in and out of the building. He stated it was also an issue for snow removal. He stated
he has talked with Mr. Tucker regarding putting the fence on the lot line and having posts with cable installed at the setback line to prevent any vehicles from being parked in that
area. Mr. Burich questioned Mr. Rangeloff if he did any dismantling of vehicles at the site. Mr. Rangeloff replied that he dismantled cars for repairs. Mr. Burich inquired if any vehicles
were taken apart at the site and if parts were sold at the property. Mr. Rangeloff stated that he did not sell parts at the site but some customers from Oshkosh might request parts from
their Neenah yard that are shuttled to the Oshkosh facility for pickup. Mr. Burich went back to the PowerPoint slides showing parts on site and questioned Mr. Rangeloff about vehicles
being dismantled on the site. Mr. Rangeloff stated that there are parts on the site. He stated in the repair and body shop business your going to generate parts. Mr. Burich stated that
the questions he was asking were meant to try and get a better understanding of the nature of the use of the property. Mr. Rangeloff reiterated that he does not dismantle vehicles for
parts at the Oshkosh location and it is all done out of the Neenah location. Mr. Rangeloff stated that he was trying to clarify that the body shop business generates parts for repair.
Plan Commission Minutes 3 December 16, 2003 Mr. Burich stated that the business was advertised in the phone book as a salvage yard at that location. Mr. Rangeloff stated that in the
beginning when the phone book was coming out it was being advertised because of the legality of the ownership of that property where it could be done. He stated that in 2000 they bought
the property and there is some cooperative advertisement because of Oshkosh and another area. Mr. Rangeloff stated that the phone number in the add displays the 727-9273 phone number
for the Neenah location. Mr. Burich inquired if most of the vehicles are there temporarily and if there are others that have been there for numerous years. Mr. Rangeloff stated most
of the cars are there temporarily and there are some that have been there for numerous years. Ms. Mattox asked Mr. Rangeloff if he was the only person in the City who police call to
tow and store abandoned cars, and if there were standards to follow. Mr. Rangeloff stated that there are four places in town that provide that service. Chairman Bettes stated that he
recalled one request brought before the Plan Commission last year for storage of vehicles, who was held to fairly high standards. Mr. Burich stated that request involved a conditional
use permit as well. Ms. Mattox also questioned if any record was kept of how long a vehicle remains on site. Mr. Rangeloff stated they don’t keep a log of vehicles coming and going from
the site. Mrs. Scherer asked if Mr. Rangeloff could estimate the average time frame a vehicle remained on the property. Mr. Rangeloff stated it varies from days to six months. Mr. Ruppenthal
questioned what changes needed to be made if this request was approved. Mr. Burich replied that the storage area would need to be fenced in. Mr. Ruppenthal questioned if the recommendation
wouldn’t result in a loss of a lot of area. Mr. Burich stated there are setback requirements that must be complied with and that would result in less use of the site. Discussion continued
regarding regarding the placement of the fence on the property, and the encroachment of the business into the setback area. Mr. Ruppenthal questioned the cars located in the front of
the property. Mr. Burich stated a parking plan has been submitted and junked vehicles wouldn’t be allowed to be stored in the front yard according to the Oshkosh Zoning Ordinance. Mr.
Burich stated the City was also concerned about hazardous wastes on the site with vehicles being in many different stages of repair, and noted an amendment to condition number six may
be needed to say the property owner must obtain the appropriate salvage dealer license from the WISDOT if required. Mr. Tucker also commented on the property stating that the last permitted
use at this location was for a body shop and auto sales. He explained if it were to be inspected they would expect to find a parking lot that meets the parking plan as submitted in 1993
for this property, with individual spaces, and aisles similar to any retail center. Mr. Tucker explained the property is currently operating in violation in regard to setbacks and parking
outside of code compliant parking spaces.
Plan Commission Minutes 4 December 16, 2003 Mr. Borsuk questioned the difference between storage and parking. Mr. Tucker stated parking spaces are required for the auto body and auto
sales operations, which he thought to be about 35 spaces. He stated the back fenced in area was an open storage area. Mr. Burich explained parking is a temporary situation. Mr. Borsuk
questioned if the cars were inventoried for storage vs. parking would they be allowed to be stored up to the fence. Mr. Tucker stated nothing was allowed to be stored or parked in the
setback area. Mrs. Scherer questioned what State agencies regulated junkyards, and if these agencies have been contacted. Mr. Burich stated the Wisconsin Department of Natural Resources
and the Wisconsin Division of Transportation were involved for licensing regulations, in particular for salvage dealers. Mr. Burich stated he didn’t have any information on agencies
involved with this property. Mr. Dell’Antonia questioned if an eight foot fence would have to be at the the setback line, and if so would they be able to store property up to the fence.
Mr. Tucker replied an eight foot fence would need to be installed at the setback line, and the property owners would be able to store equipment up to the fence. Mr. Pressley stated that
he felt an eight foot fence would be overkill. He stated he would approve of a six foot fence since this property was located in an industrial area. Mr. Rangeloff stated he had no problem
with the fence as long as a second fence could be installed at the setback line to be constructed of posts and cables to deter constant maintenance to a solid fence in that area. Motion
by Pressley determining the proposed conditional use permit is in compliance with the Standards set forth in Section 30-11 (D) of the Zoning Ordinance to approve an auto recycling and
storage of vehicles and parts operation at 3000 Oregon Street with conditions amended as follows: 1) A six (6) foot high solid fence enclose the storage area with an additional barrier
at the setback line constructed of posts and cable. The Department of Community Development is to approve materials used for the fence. 2) A management plan for all wastes related to
auto recycling and salvage operations be submitted to the Department of Community Development. The management plan shall utilize the Wisconsin Department of Natural Resources’ “Best
Management Practices for Dismantling of Vehicles for Parts Selling and Salvage”. 3) Submission and approval of a revised site plan showing compliance with all Zoning Ordinance requirements.
4) Inoperable vehicles and those not able to operate on a public street or highway shall be kept in the fenced storage area.
Plan Commission Minutes 5 December 16, 2003 5) If a stormwater permit is required by WDNR, the applicant participate in the Cooperative Compliance Program to ensure environmental compliance
with Best Management Practices. 6) Property owner must obtain the appropriate salvage dealer license from the WISDOT if required. Seconded by Ruppenthal. Motion carried 7-0-1. Borsuk
abstaining. II: ZONE CHANGE FROM C-2 GENERAL COMMERCIAL DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT/PROPERTIES ON W. 8TH & 9TH AVENUE Shirlene Narveson, etal, petitioner/owners, request
the Plan Commission to review and approve a zone change from C-2 General Commercial District to C-1 Neighborhood Business District for four properties generally located to the east of
the Wonderbread Store located at the intersection of Knapp Street and 9th Avenue. The properties involved are located at 951 W. 8th Avenue, 944 and 948 W. 9th Avenue, and the vacant
lot is on 8th Avenue. The developed lots contain two single family dwellings and one duplex all of which are non-conforming uses in the C-2 zoning district. Mr. Pressley questioned how
the C-2PD Zoning classification had been assigned in the area. Mr. Kinney replied it was the result of a Walgreen’s proposal in the past that didn’t proceed. Motion by Ruppenthal for
approval of a zone change from C-2 General Commercial District to C-1 Neighborhood Business District. Seconded by Borsuk. Motion carried 8-0. OTHER BUSINESS Chairman Bettes reminded
the Plan Commission of a Comp Plan Update Committee meeting on Wednesday, 12/17/03 at 4 p.m. in room 404 and the importance of the final vote that would be taken on the transportation
element at that meeting. There being no further business, the meeting adjourned at approximately 4:50 p.m. (Borsuk/Propp) Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr