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HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES October 13, 2010 PRESENT: Dan Carpenter, Robert Cornell, Robert Krasniewski, Dennis Penney, Janet Duellman, Jane Cryan EXCUSED: Mark Nielsen STAFF: Todd Muehrer, Associate Planner /Zoning Administrator; David Patek, Director of Public Works; Steve Brand, Superintendent of Utilities; Deborah Foland, Recording Secretary Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of September 8, 2010 were approved as presented. (Penney / Krasniewski) Ms. Duellman arrived at 3:32 pm. Mr. Krasniewski asked for clarification on who submitted the revised set of plans for 2337 S. Main Street. Mr. Muehrer responded that the petitioner submitted the revised plans after the staff reports were mailed out. ITEM I: 2065 HICKORY LANE City of Oshkosh Dept. of Public Works - applicant, Michael/Patricia Schumerth- owners, request the following variances to establish a new public utility structure: Description Code Reference Required Proposed I. Front yard setback 30 -17 (B)(2)(c) 25' 12' II. Side yard (north) setback 30 -17 (B)(2)(b) 10' 9' Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the property is irregularly shaped and zoned R -1 Single Family Residence District with a two -story home and attached garage. The parcel also features a public 60' x 60' sanitary sewer easement in the southeast corner of the lot which houses an existing submersible sanitary sewage pumping station possessing an adjacent below grade valve vault. The pumping station is nearly 24 years old and is in need of upgrading for safety and reliability purposes. Front and side yard setback variances are necessary to construct an 8' x 8' prefabricated building adjacent to the pumping station which will be screened by an existing 10 -12' tall row of arborvitae bushes. The limited easement area is creating a justifiable hardship as the proposed new building improvements and the proximity with the existing infrastructure and matured landscaping limit placement alternatives. The situation is unique as the proposed upgrades are necessary for the surrounding properties. Mr. Carpenter questioned if the pump station was necessary due to the properties in the neighborhood being located in a lower lying area. Mr. Brand stated that there are 17 pump stations located throughout the city. Board of Appeals Minutes I October 13, 2010 Mr. Patek added that the area along the river and lake is too flat and the sewers are required to drain to those areas. Since the geography of the area does not allow the sewers to drain by gravity, pump stations are required to pump the water, which in this case is directed to a pump station on Menominee Drive, and explained the various paths of drainage it takes from there. Mr. Cornell inquired what the consequences would have been if the pump station in this area had never been constructed. Mr. Patek responded that the area could not have been developed without the installation of the pump station and property owners have annexed into the City over time to enable them to connect to City services. Mr. Cornell also inquired about the proposed screening for the structure. Mr. Patek replied that the screening was designed to hinder the visibility of the structure from the residents and that the Police Department would prefer that the screening not be placed along the street as it should be visible from that perspective. Landscaping would be placed to provide screening for the property owner on Hickory Court as that parcel was not developed when the previous pump station was constructed. Mr. Brand added that maintenance occasionally has to be performed on the pump station and landscaping along the street side would prevent access to the site for vehicles necessary to provide said maintenance. Motion by Carpenter to approve the request for a variance to establish a new public utility structure with a 12' front yard setback and a 9' side yard (north) setback. Seconded by Penney. Motion carried 5-0. Finding of Facts: Update of system necessary due to progress. No harm to public interest. No adverse impact on neighborhood. There being no further business, the meeting adjourned at 3:38 p.m. (Carpenter /Cryan). Respectfully submitted, Todd Muehrer Associate Planner /Zoning Administrator Board of Appeals Minutes 2 October 13, 2010