HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES
December 8, 2010
PRESENT: Dan Carpenter, Robert Cornell, Robert Krasniewski, Dennis Penney, Janet Duellman,
Jane Cryan, Mark Nielsen
EXCUSED: none
STAFF: Todd Muehrer, Associate Planner /Zoning Administrator; 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 October 13, 2010 were approved as presented. (Carpenter/Penney)
ITEM L• 532 BROAD STREET
Jamie Wilcox - applicant, Boys & Girls Club Oshkosh Inc.- owner, request the following variance to locate
10'x20' equipment shed in the transitional yard setback:
Description Code Reference Required Proposed
Transitional yard setback 30 -35 (13)(1)(c) 25' 10
Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the subject site is
zoned C -1 Neighborhood Business District and is an irregular- shaped lot possessing street frontage along
three streets. The applicant is proposing to relocate an existing nonconforming storage shed on the east side
of the principal structure which will intrude 14'4" into the transitional yard setback area. The shed is
proposed to be relocated 25' to the south of its existing location to create green space for the "Head Start"
program. The petitioner has discussed the proposal with adjacent property owners with no objections and
feels a hardship will ensue if the variance is not granted as the outside activity time required for the program
would not be feasible. No practical alternatives are present to relocate the shed to another area on site and
the variance will not be detrimental to adjacent properties or contrary to the public interest.
Jamie Wilcox, 350 West 14 Avenue, stated that the "Head Start" program has gone to a program for 3 -4
year olds and the site does not meet the requirements for outdoor green space as it currently exists. He
further stated that it will harm the functionality of the program if the variance is not granted.
Mr. Krasniewski stated that there were two chain link fences on the photos and asked for clarification of
where the lot line exists.
Mr. Wilcox displayed on the photos where the property line was located.
Mr. Krasniewski asked if the fence would be replaced.
Mr. Wilcox responded that they were working with the adjacent property owner and were planning on
removing some of the trees and eventually replacing the fencing.
Board of Appeals Minutes 1 December 8, 2010
Mr. Krasniewski also questioned if the building supported activities for the north end of the building and
why the petitioner did not consider moving the shed further than what was proposed.
Mr. Wilcox replied that the building supports activities for the south end of the building and no playground
equipment was planned to be installed in the area for the "Head Start" program. It was his understanding
that they need to maintain a ten foot separation between the accessory structure and the principal structure on
the site therefore it was not possible to move the shed any closer than what was proposed.
Mr. Cornell questioned why the current green space on the site would create safety issues if used for the
"Head Start" program.
Mr. Wilcox responded that the playground on the north end of the site had playground equipment that was
too high for the children attending the program to utilize.
Mr. Cornell asked if the newly created green space for the program would be green space only.
Mr. Wilcox replied that the younger children may utilize tricycles or other types of play equipment that can
be stored in the shed after use.
Motion by Cryan to approve the request for a variance to locate 10'x20' equipment shed with a
10'8" transitional yard setback.
Seconded by Nielsen. Motion carried 5 -0.
Finding of Facts:
Clean up of area aesthetically beneficial.
No harm to public interest.
No adverse impact on neighborhood.
There being no further business, the meeting adjourned at 3:45 p.m. (Penney /Carpenter).
Respectfully submitted,
Todd Muehrer
Associate Planner /Zoning Administrator
Board of Appeals Minutes 2 December 8, 2010