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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES APRIL 24, 2002 PRESENT: Carl Ameringer, Cheryl Hentz, Joel Kluessendorf, Edward Wilusz, John Schorse EXCUSED: Fred Dahl, Don Krueger STAFF: Darryn Burich, Principal Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Vice Chairman Schorse. Roll call was taken and a quorum declared present. The minutes of April 10, 2002 were approved with an additional notation on Item II further stating that the Board discussed laying the item over, however since there was no word from the applicants, who had pushed the item forward to be on the agenda of April 10, 2002, it was decided not to lay the item over . (Hentz/Schorse). Due to the fact there was no representation present for Item I at the start of the meeting, the Board first proceeded with Item II. II: 2505 OREGON STREET Mauro & Cynthia Martinez, applicants and owners, are requesting a variance to construct a parking lot with a 3’ setback from Oregon Street, a 5’ setback from Hughes Street, and a variance to expand a nonconforming structure in excess of 50% of the current total assessed value of the structure. Darryn Burich introduced the item. Mr. Ameringer asked for a point of clarification on what was being approved, he said it was his understanding that the setback was previously approved. Mr. Burich explained the applicants are requesting an addition to the building and an extension to the parking lot. He noted these items were not considered at the previous variance appeal. It was noted the proposed setbacks are in respect to the expanded area and therefore are in addition to what was previously approved on July 14, 1999. Steven Clarke, of Clarke Associate Architects, said the applicants are requesting the variance because of the lack of adequate space on the triangle shaped site. He said, in his opinion, moving the approach away from the intersection would help improve traffic patterns in the area, and would improve the safety issues. He added that the addition on the structure is necessary to meet the patron’s needs. Mr. Ameringer inquired about the 50% of assessed value requirements and asked by how much the applicant would be exceeding the amount. Mr. Clarke responded that if 50% of the value of the existing building, which he would guess to be about $60,000.00 to $70,000.00, is exceeded, then a variance is required. He said his estimate would at least double that amount. Mr. Burich noted that adding an addition is quite costly and in modifying the structure it would be very easy to exceed the 50% allowance. Board of Appeals Minutes - 2 - April 24, 2002 Ms. Hentz asked how large the proposed addition would be and how many additional parking spaces would be provided. Mr. Clarke responded 38’ x 44’, which would allow additional seating for 80-90 people, and the parking was determined from the City Ordinance, which requires 1 parking space for 100 square feet of total building floor area, which would be a total of 49 spaces. Cindy Martinez, 3294 Oregon Street, said they are in need of additional space because they are often at capacity. She said they would like for their business to grow and to help the city of Oshkosh grow by contributing. During Board discussion Mr. Kluessendorf questioned the landscape and screening requirements. Mr. Burich explained the plan would be reviewed by the Department of Community Development prior to the building permit being issued. Ms. Hentz commented it would be a definite improvement with all things considered; the unique shape of the property, the current landscaping, and the traffic problem. Vice Chairman Schorse noted it would be a good solution for the traffic and parking problems that currently exist. Mr. Ameringer stated there did not appear to be any opposition and there were safety issues involved. Motion by Hentz for approval of the variance to construct a parking lot with a 3’ setback from Oregon Street, a 5’ setback from Hughes Street, and a variance to expand a nonconforming structure in excess of 50% of the current assessed value of the structure. Seconded by Ameringer. Motion approved 5-0. Unanimous. Finding of the fact: It was concluded the property was uniquely shaped, the present landscaping would be damaged with another option, there are currently vehicular problems and confusion in the area, and it will improve the safety issue. I: 1840 EVANS STREET John Beck, applicant for Dr. Mitchell Tulip, owner, is requesting a variance to construct a ground sign with a 15’ front yard setback, whereas Section 30-35(B)(1)(d) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback. Darryn Burich introduced the item and circulated photos. He added that staff recommends approval with the following condition, which was not included in the staff report: 1) The sign not be internally or externally lit. He noted the reason for the proposed condition is because of the residential area to the north. Ms. Hentz questioned whether this meant no internal lighting at all or just after certain hours. Mr. Burich responded no internal lighting at all. Discussion continued on the location of the present sign and the location of the proposed sign. Ms. Hentz asked if there was any information as to why the applicant or the owner was not present. Mrs. Degner responded that the applicant had notified staff that he would be out of town and may not be back in time for the meeting. Board of Appeals Minutes - 3 - April 24, 2002 Vice Chairman Schorse noted that Mr. Beck has always been responsible in past issues. Ms. Hentz asked if the applicant or the owner were made aware of the proposed condition. Mr. Burich said he did not think so. He explained that due to an emergency situation in the City, Matt Tucker, who normally represents staff, was unable to be in attendance. Discussion continued on the proposed sign and the opinion of the Board that lighting was not necessary for this type of business. Due to the fact that the applicant had notified staff that he may not be able to attend the meeting, it was decided the Board was uncomfortable approving a variance that had a condition that neither the owner nor the applicant was aware of. Mr. Burich stated the item could be laid over and Mr. Tucker could make the applicant aware that staff would not support an internally or externally lit sign. Motion by Hentz to lay the item over to the next meeting of May 8, 2002. Seconded by Kluessendorf. Motion approved 5-0. Unanimous. There being no further business, the meeting adjourned at 3:49 p.m. Respectfully submitted, Darryn Burich Principal Planner DB/mld