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BOARD OF APPEALS MINUTES
FEBRUARY 28, 2001
PRESENT: Fred Dahl, Cheryl Hentz, Randy Husman, Joel Kluessendorf, Don Krueger
STAFF: John Bluemke, Principal Planner; Nicole Krahn, Building Systems Specialist, Inspection
Services Division; Darlene Matulle, Recording Secretary
The meeting was called to order by Chairman Don Krueger. Roll call was taken and a quorum declared
present.
The minutes of February 14, 2001 were approved as distributed.
I. 1942 MONTANA STREET
Matt Simonson, applicant, Larry Davis, owner, is requesting variances to the City's Building Code to (a)
allow for the creation of living space within an existing basement space which upon completion will
have a ceiling height of 6' 5", whereas a minimum 7 ft. ceiling height for at least 50% of the rooms floor
area is required, and (b) allow beams/ductwork projecting greater than 8 in. below a 7 ft. ceiling.
Mr. Matt Simonson, contractor, indicated from the floor to the beam is approx. 6'10 ½" and the code
requires 7'. This doesn't even include drywalling and putting in a drop ceiling.
Ms. Krahn noted that Allyn Dannhoff, Director of Inspection Services, has talked to Mr. Simonson
about the situation and would recommend approval of the request with the conditions that the entire
basement be installed with an interconnected, hardwired smoke detector system with battery backup, as
well as all upper floor levels, and that the ceiling height not be reduced any lower than the existing
ceiling height except the area under the beam may be reduced as being proposed.
Mr. Simonson noted the owner does not have a problem with the smoke detectors, but would not be able
to install a drop ceiling with the second condition noted. It would be possible to frame around the
ductwork and beam, but it could not be drywalled.
Mr. Krueger inquired what the width is of the beam and ductwork?
Mr. Simonson replied about 36-38 inches. He reiterated that the owner would like to install a drop
ceiling.
Discussion ensued on alternatives for the ceiling. Mr. Simonson noted he could probably get away
using 3 in. versus 5 in., but not less than that due to mechanicals (i.e. water pipes, electrical, etc.).
Mr. Krueger noted that a 7 ft. high basement limits what can be done to finish it off.
Bd. of Appeals Minutes - 2 - February 28, 2001
Motion by Hentz to allow for the creation of living space within an existing basement
space which upon completion will have a ceiling height of 6' 5" with the following
conditions: (a) Installation of an interconnected, hardwired smoke detector system with
battery back-up. Detectors to be provided in both portions of the finished basement space
(one on each side of the dropped beam) and also installed on each floor level above in
locations required by the current code. (b) The ceiling height shall not be reduced any lower
than the existing ceiling height except the area under the beam may be reduced as requested.
Seconded by Kluessendorf. Motion carried 5-0.
Regarding the findings of fact, Mr. Krueger noted the ceiling height is not being changed and the
basement can be finished off, but without an enclosed ceiling. The Board has considered safety issues
by recommending the installation of hard wired smoke detectors on all floors, including the basement.
Motion by Husman to allow beams/ductwork projecting greater than 8 in. below a
7 ft. ceiling with the condition that an interconnected, hardwired smoke detector system
with battery back-up be installed on each floor, including the basement areas. Seconded
by Hentz. Motion carried 4-1 (AYE: Dahl, Hentz, Husman, Kluessendorf. NAY: Krueger)
Regarding the findings of fact, Ms. Hentz noted that safety issues have been considered and will be
addressed.
II. 2015 DICKINSON AVENUE
Jones Sign Company Inc., petitioner, William LeMieux, owner, requests a variance to erect a 30’ high
ground sign with a 23’2” front yard setback; whereas Section 30-28(B)(1)(b) of the City of Oshkosh
Zoning Ordinance requires a 25’ front yard setback.
Mr. William LeMieux, 2015 Dickinson Ave., and Mr. Nick Lison, Jones Sign Company, appeared to
answer questions.
Mr. Lison stated the objective is to get the sign as close as possible to the access road for visibility. The
building is setback 25 ft. from the sidewalk. Mr. Lison distributed a drawing showing the proposed sign
and its location next to the building (said drawing not made part of these minutes).
Mr. LeMieux stated the sign will be on a 30-40 inch beam/pole and will be as close as possible to the
building.
Mr. Krueger inquired about the open area on the west side of the building.
Mr. LeMieux replied that is where trucks deliver. If placed in this area, the sign might also be above the
roof line and building and he was informed by staff that roof signs are not permitted.
Mr. Krueger inquired of Mr. LeMieux if he objected to the sign being in front of the windows.
Mr. LeMieux replied he did not object.
Board of Appeals Minutes -3- February 28, 2001
Motion by Hentz to move approval of the construction of a 30 ft. high ground sign
with a 23'2" front yard setback. Seconded by Husman. Motion carried 4-1. (AYE:
Dahl, Hentz, Husman, Krueger. NAY: Kluessendorf)
Regarding the findings of fact, Mr. Husman stated the hardship would appear to be the placement of the
building on the lot. The applicant is requesting the minimum setback needed.
There being no further business, the meeting adjourned.
Respectfully submitted,
JOHN C. BLUEMKE
Principal Planner