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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES APRIL 10, 2002 PRESENT: Fred Dahl, Cheryl Hentz, Don Krueger, John Schorse EXCUSED: Carl Ameringer, Joel Kluessendorf, Edward 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 March 27, 2002 were approved. (Hentz/Dahl). TH I: 501 W. 18 AVENUE Joyce Cross, owner, Carol Pockat and Tom Brandl, applicants, are requesting a variance to reduce the square footage of a conforming lot from 7300+ square feet to 6450+ square feet, whereas Section 30-19(B)(1)(iii) of the City of Oshkosh Zoning Ordinance require a minimum of 7200 square feet of lot area. Matt Tucker introduced the item with photos. Chairman Krueger asked if the lot with 6450 + would be buildable without a variance. Mr. Tucker replied the side yard setback could be reduced, which would allow the lot to be built on, however, the granting of the variance would remove opportunities for a two family dwelling if the structure was to be replaced. Ms. Hentz said, in her opinion, this is merely a housekeeping issue and she has no problem with it. Motion by Hentz for approval of a variance to reduce the square footage of a conforming lot from 7300 + square feet to 6450+ square feet. Seconded by Schorse. Motion approved 4-0. Unanimous. Finding of the fact: Ms. Hentz stated that the irregularity of the other lot was removed and there appeared to be no adverse impact on neighboring properties. II: 1051 S. WASHBURN STREET Richard Backus, applicant, is requesting a variance to construct a patio that will project 7’ into the front yard setback area, whereas Section 30-25(B)(2)(c) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback on all structures. Matt Tucker introduced the item with pictures. He said the photos denote that there is a substantial terrace in front of the subject property, and as an option, at some point in time, the applicant could request a vacation of right-of-way. Mr. Tucker said that David Patek, the Director of Public Works, Board of Appeals Minutes - 2 - April 10, 2002 indicated to him that he has been working with the Department of Transportation TH regarding the future Highway 41 six-lane project. He noted the 9 Avenue/Washburn interchange would have to be reconstructed, so there is concern about the redesign of the ramp, and it would be premature to move ahead to vacate land that the city may need to acquire for the planned 6-lane construction. In addition Mr. Tucker noted that the utilities, which are located in the terrace, could present problems regarding the vacating of the right-of-way. The applicant was not represented. Mr. Schorse asked if the applicant was notified of the meeting. Mr. Tucker replied that both a Meeting Notice and a Staff Report were sent to the applicant. He noted that staff had a number of communications with the applicant and there was a rush to get the application submitted before the deadline so it could be heard at this meeting. Mr. Tucker added there was no indication to staff that the applicant would not be present. Ms. Hentz commented on the applicant’s statement, in the application, that they have a greater setback than the neighboring motel swimming pool, noting that the motel was built in the 1970’s and the restaurant was built in 1992. She said she could not support the variance request. Discussion continued on whether to proceed with the item or whether to lay the item over. Motion by Hentz for approval of the variance to construct a patio that will project 7’ into the front yard setback area. Seconded by Dahl. 1-3. Motion denied. Aye: Schorse. Nay: Dahl, Hentz, Krueger. III: 216 W. SOUTH PARK AVENUE John Beck, applicant for St. Vincent’s Church, is requesting a variance to construct a ground sign with a 10’ front yard setback, whereas Section 30-35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback. Matt Tucker introduced the item with pictures. John Beck, of Beck Signs, 2269 Allerton Drive, said the intent is for the sign to identify the Church for people new to the area. He said it would be a nicely constructed internally lit sign with an electronic message center. Mr. Beck stated there would be a timer on the sign to be turned off by 10:00 P.M. and that the sign will be located out of the vision triangle. He said the sign that is presently located on the building would be discarded, because it is difficult to see due to tree foliage. Margaret Dubinski, 229 W. South Park Avenue, stated a concern in regard to the position of the sign. It was explained that the sign would not interfere with the vision triangle. Mr. Tucker shared a picture with Mrs. Dubinski to clarify the position of the proposed sign. Mr. Tucker said he received a call from Mr. Norkofski, 223 W. South Park Avenue, stating he had no objection to the proposed placement of the sign. Board of Appeals Minutes - 3 - April 10, 2002 Mr. Dahl noted there have been similar requests in the past and Ms. Hentz stated she had no problem with the requested variance. Motion by Hentz for approval of the variance to construct a ground sign with a 10’ front yard setback. Seconded by Schorse. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded the hardship was not self created, the duplex property is out of character with the commercial nature of the rest of the area, it is the least possible variance needed to remove the hardship, and the proposed setback is appropriate for a sign in this area. IV: 222 JACKSON STREET Steven T. Stein, owner and applicant, is requesting a variance to construct a ground sign with a 12’ front yard setback, whereas Section 30-35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25’ setback. Matt Tucker introduced the item with pictures. Steven Stein, 1912 Olive Street, said a 25’ setback would place the sign too far back into the parking lot, which would interfere with parking. He noted there are other businesses on Jackson Street that have similar setbacks for their signs. He added it would be an internally lit 4’ x 6’ sign and his intent is to install the mechanicals and footings for the sign before paving the parking lot. He also mentioned he would be removing three light poles that are presently on the property. Mr. Dahl asked if the location of the sign would be 20’ back from the intersection. Mr. Tucker said the sign would be out of the vision triangle. Susan Andrews, owner of Murken Insurance, 338 Pearl Avenue, said she does not have a problem with the setback of the proposed sign, however she does have a problem with the 25’height of the sign. She said, in her opinion, the City of Oshkosh in its desire to improve the look of the City, needs to get rid of the high signs. Ms. Andrews stated she has an issue with the 25’ sign blocking the view coming down Jackson Street saying it would block out most of her building. She said her 10’ sign is tastefully done and she takes exception to the height of the proposed sign. Mr. Stein responded he thought by putting the sign higher it would be out of the vision of other businesses, however he said would have no problem lowering the sign, so it would not interfere with Ms. Andrews sign. Mr. Tucker stated the required height clearance for projecting signs in the downtown area is 10’ off the ground. He said the 10’ clearance would result in a 14’ pole sign. Discussion continued on the height of the proposed sign. Motion by Hentz for approval of the variance to construct a ground sign with a 12’ front yard setback with the following condition: 1.)The sign height not to exceed 16 feet. Board of Appeals Minutes - 4 - April 10, 2002 Seconded by Schorse. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded the hardship was not self created, it is the least possible variance needed to remove the hardship, the property is unique, it is consistent with other setbacks for signs in the area, and neighboring properties do not have objections. V: 809 CEAPE AVENUE Charles E. Williams, applicant and owner, is requesting variances to construct a parking area with a 20’ front yard setback, which will result in the provision of 6 parking spaces for the subject property, whereas Section 30-19(B)(3)(c) of the City of Oshkosh Zoning Ordinances requires 25’ front yard setback and Section 30-36(B)(6) requires 7 parking spaces for the subject property. Matt Tucker explained that the applicant would not be available due to a death in the family. It was discussed whether to go ahead with the variance request or whether to lay the item over. Mr. Tucker introduced the item with photos. Motion by Hentz for approval of the variance to construct a parking area with a 20’ front yard setback with the following condition: 1.)A landscaping plan be submitted and approved by the Department of Community Development, screening the parking area on the south side of the property, prior to a building permit being issued. Seconded by Dahl. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded the hardship was created when the property was reduced from its previous size and the building was converted, it is the least possible variance needed to address the parking and maneuverability, and landscaping will be installed to mitigate any negative impact on neighboring properties. th Mary Ann Kinney, 1810 Simpson Street, had questions related to Item I, 501W. 18 Avenue. She questioned whether the properties at 1818 or 1822 Simpson Street could build a two family dwelling. She also questioned if they could build another garage. Mr. Tucker replied it would require a variance approval to erect a two family dwelling and because there is no hardship a variance should not be approved. He also stated that a land division would require Plan Commission approval, if applicants wished to create a lot. He said they are allowed 800 square feet of detached garage space. There being no further business, the meeting adjourned at 4:22 p.m. Respectfully submitted, Matt Tucker Associate Planner MT/mld