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HomeMy WebLinkAbout2002-Letter (BOA/variance) City of Oshkosh Dept. of Community Development Jackson R. Kinney 215 Church Ave., PO Box 1130 Director O» ',, 1 n Oshkosh, WI 54902 -1130 ON THE WATER f"1 (920) 236 -5059 (920) 236 -5053 FAX August 29, 2002 Kwik Trip Hans Zietlow 1626 Oak Street La Crosse, Wisconsin 54602 RE: 103 - 123 N. Sawyer Street Dear Mr. Zietlow: On August 28, 2002 the City of Oshkosh Board of Appeals laid over your variance request to construct a parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, and a variance to locate a ground sign with a 10' setback to Witzel Avenue. Your variance request has been rescheduled for the September 25, 2002 Board of Appeals meeting. You or a representative should attend this meeting to answer questions of the Board. If you choose not to proceed with this variance please notify the office of Community Development as soon as possible. If you have any questions, feel free to call me at (920) 236 -5062. Sincerely, Matt Tucker Associate Planner MT /mld Cc: Inspection Services Division, City Hall Estate of Louis A. Thoma i )9/ City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 (920) 236- 5059 (920) 236 -5053 FAX JACKSON R KINNEY J < n Director �J O O N f THE V WATEER fl • BOARD OF APPEALS AGENDA AUGUST 28, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 28, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF AUGUST 14, 2002 MEETING MINUTES I: 103 -123 N. SAWYER STREET Hans Zietlow, applicant for Kwik Trip, is requesting variances to construct a 10' setback to N. Sawyer Street and a 10' setback to Witzel Avenue, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. II: 1050 WITZEL AVENUE Russell J. Reff, applicant, and Hurley Properties, LLC, owner, are requesting a variance to construct an off- street parking area with a 5' front yard setback to Witzel Avenue, and a reduction in the number of required parking spaces to 25 for the proposed mixed use development, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback and Section 30- 36(A)(ii) of the City of Oshkosh Zoning Ordinance requires 31 parking spaces. III: 2843 STONEY BEACH LANE David A. Prieto, applicant and owner, is requesting a variance to expand the width of an existing driveway by 7', which will result in the driveway being wider than the garage, whereas Section 30- 36(C)(5) of the City of Oshkosh Zoning Ordinance requires driveways to be no wider than the garage. IV: 1607 HAZEL STREET Captain Randy Van Ness of the City of Oshkosh Police Department, applicant, and Timothy J. Zietlicke, owner, are requesting a variance to construct a 6' tall solid fence in the front yard, with a 0' front yard setback, whereas Section 30- 35(E)(2) of the City of Oshkosh Zoning Ordinance permits fences less than 4' tall in the front yard, except fences that are more than 50% solid shall not be permitted within 15' of a front lot line. Board of Appeals Agenda August 28, 2002 Page 2 V: 1024 MASON STREET Gerald and Marjorie Zick, applicants and owners, are requesting a variance to construct a pool and deck attached to the principal structure, which will result in the principal structure having a 23'7" rear yard setback, whereas Section 30- 17(B)(3)(d) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback. VI: 1008 N. SAWYER STREET & 1150 VAN BUREN AVENUE James and Nathan Larson, applicants, and Zion Lutheran Church, owner, are requesting a variance to provide three parking spaces for the proposed duplex within the front yard setback and front yard area, with a 27' driveway opening, whereas Section 30- 36(A)(4) of the City of Oshkosh Zoning Ordinance requires no parking in the designated setback areas and Section 30- 36(C)(5)(a) requires uncovered spaces to meet the principal structure setback requirements and Section 30- 36(C)(5)(c) requires maximum driveway widths not to exceed 12' and shall be situated as to not create only a front yard parking area. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236 -5059, BETWEEN 8 AM — 4:30 PM, MONDAY THRU FRIDAY • STAFF REPORT BOARD OF APPEALS AUGUST 28, 2002 ITEM I: 103 -123 N. SAWYER STREET GENERAL DESCRIPTION AND BACKGROUND Hans Zietlow, applicant for Kwik Trip, is requesting a variance to construct a building and parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, per the attached map, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, whereas Section 30- 35(B)(1Xc) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. A mix of residential, commercial, professional office and institutional uses characterizes the land use of the general area. The subject properties are zoned C -1, Neighborhood Business District and R -1, Single Family Residence District. An automobile repair and refueling station, a single family dwelling, and vacant land are the current land uses at the subject site. • At its August 14th 2002 meeting, The City of Oshkosh Board of Appeals denied a request for a 12' setback to Faust Avenue for the subject property. The two additional variance requests were laid over as the result of a 3 -1 vote. ANALYSIS AND RECOMMENDATION • In reviewing a variance request, the following questions should be addressed: Is there an unusual or unique characteristic about the subject property which creates a hardship? Is the hardship self - created? Is the variance being requested the least possible needed to remove any hardship? Will granting of the variance have a considerable adverse impact on the neighboring properties? The applicant is proposing to construct a new retail development on the three subject properties by rezoning the property at 1215 Faust Avenue to C- 1,Central Commercial District, combining the three properties, and razing all the structures to prepare for the new commercial use. Previous use of the land consisted of old service /gas stations and a light retail space. Variances are requested in order to construct the new building and provide signage and the required parking and loading facilities. The property is unique in that it is older commercially zoned land, mostly vacant for several years, with street frontage on three sides. When all principal structures are removed from a site, the zoning code requires all new principal and accessory structures meet required setbacks, which creates a substantial hardship for the subject property. The C -1 zoning district requires a 20' front yard setback, but the adjacent residentially zoned property, including homes on Witzel Avenue and Faust Avenue and Lourdes parochial school across Sawyer Street, introduce transitional yardage requirements, applying to three sides of the future combined lot. In addition, the subject property is located at the intersection of two high volume traffic arterials of the City. The site is narrow in comparison to newer commercial sites being developed within the community, which presents a challenge in providing the required parking and loading facilities. Any redevelopment of the subject property presents challenges to developers, since structure setback and parking requirements greatly restrict redevelopment opportunities for the vacant land. STAFF REPORT -2- AUGUST 28, 2002 ITEM II The variance request along Sawyer Street will permit 5' of the building and pump island canopy to project into the 25' transitional yard setback and allow for one off - street parking space to be constructed in the setback area. Toward the southern portion of the site, a 10' setback is proposed for maneuvering around the pump island area, which is the closest any of the proposed improvements will project into the setback area. In regard to adverse impact, considering the 100' width of the right -of -way of N. Sawyer Street in front of the subject property, containing a large terrace area, approval of the variances will result in the pump island maneuvering area being approximately 40' from the edge of N. Sawyer Street. In regard to the building/canopy setback, it should be recognized the applicant could construct a building/canopy without a variance, and it would not appear the additional 5' in setback would create a substantial impact over and above what would otherwise be permitted. Similar to the Sawyer Street setback variance request, the Witzel Avenue variance request will permit vehicle maneuvering and staging in context to the pump island area. Again, considering the narrowness of the site, and the fact that the new development will provide setback where none currently exists, the approval of this variance request would appear reasonable and would replace the existing 0' nonconforming setback of the current use on site. The variance request for the proposed sign, with a 10' front yard setback to Witzel Avenue, is consistent with signs that have been constructed on the adjacent commercial properties in the area, and will exceed the current setback of the existing nonconforming sign. The location of the sign is the least possible variance needed to remove the hardship, which is created by the location of the proposed structure /canopy /parking area and narrowness of the site. Also, the setback of the proposed sign would not have any greater adverse impact on the surrounding properties, considering the improvement from the current dilapidated sign with a 0' setback. In regard to the proposed height of the sign, the proposed pylon sign could have a negative impact on the adjacent properties, considering its close proximity to Witzel Avenue and the adjacent properties. Since the ground sign is intended to advertise to traffic on the Witzel Street frontage, it would seem reasonable to restrict the sign to a monument style sign, not to exceed 12 feet in height nor 100 square feet in area per side. In summary, staff recommends: 1. Approval of the variance request to construct a building and parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, per the•attached map, 2. Approval of the variance request to locate a ground sign with a 10' setback to Witzel Avenue, with the following condition: A. The proposed ground sign must be a monument style sign, not to exceed 12 feet in height nor 100 square feet in area per side. Community Development j 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903 -1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site plan (maximum size 11" z 17"). (A complete site plan includes, but is not limited to, all structures, lot lines-and streets with distances to each.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh anddue at the time the application is submitted. Address of Parcel Affected: /03 /23 M 4t� yet, 6 kas ( Lc)/ Petitioner: 40 i /( 77 , yo gaits Z d / & _ 46F.O home Phone:#. 540 1385 Petitioner's Address: /4.24 Qitk .� LaCrosse LJ J-4/602. Petitioner's 6 7q3 4 2.00 Signature Require4: j ..4,4.a %;i:: Date: 7 2Z -0 Z. Owner (if not petitioner): ESTttA c)f 6wS 4. 77tpntq Home Phone: 9.1e, -.233 -q / Y Owner's Address: Rv. Ga,C 2.233 Ositk0514. AY $V O Signature Required: / e Date: 7/.2Vez, -k In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed.) Al / , / • 1. Explain your proposed plans and why you are requesting a variance: L a re_ I'tiu. �l +�o� I �/ is -. I IL . .1 i order • GJo r•kc 0 n 4-1 n r-€1) co s ; h • L ru. C4G -Clow . pass; b le, J and 4i/ ) A e rto 11. • par boil lr Lit n.[ad j p1c r4 i'n3 Gt Ad 6 /5 h .S.G 1 hack variam c e5 A I hill :JA ter_ _ ab . / • n... 2. Describe how the variance would not have an adverse effect on surrounding properties: l L C ,bricks e. .11 4s -Ai( 4a t-C PRO re rcen f lila n ma s-f- & WI me r cch / • o+3 res e v�.* li dK „ja c0 e r or C4, . J Ott r s; n coi ! f 5 be - ck - back - ^lil er �ro Wit ! e g0 (.c) yt iii af /Sill 61 116 571 Sec c) mil" a cid C . Oar s / n w/ `i it lock 71c. `udLh6-1 gi YL &/Y'4. 5e vet r« it c_. S 4 u G.c acics ez i /l be na ` (Continued on Reverse Side) 7L bores € d Ver. ell/ } 'i i s c�rll he a 5 -/- improve it.ept+ - /-4,8 5,&. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 7%/5 7 i s ✓ na rye c.) Q L'om/yl2rciGd / • Alt. Aafr-e addei one /07 1)u-/- h- r2p L i ni r ens -,P 4. Describe the hardship that would result if your variance were not granted: 6-. 0C V-4 .5e4betelc. nef ki pyt acty6r. ta/ztL &Dul "Le— hut a , _ 14i r _ 1..),ext_61 e reaf6 -/-ajcire .4/otti ) ,Oraib knts. anvil ric c_ a� u ��-- allows r L l = Yleet- FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES / 25//ko sH C4 to ,Ljy Sckco &- 6SSI4k63'H L.1° 7/0 . ,, - cAiul.,se_ .s'" /.2 / E. 71L 2) , S � � 7) /yj-r-r rs I sET�, LL D/ Q n u 1 -1 Ifs A,c' 2 tfE .5-‘74-4Q.2. cism<osl-I GJ:L S6 4<< /z ,- 7T6 e.L 8) . o 'AA- 60 �cl �,fw�e - 4222 A �¢vE aceko,rie cJs .<479 , ?,YS-c 0.9-1/ro.sx-e cg .57- st /„.51-,ar 6 , . u l' Satu t � ✓ Tip t i ,ST /45.6 cD6tld4)s- f-.uf 4 G-73 , ,� /C yr k‘ ;le) A ` ,47 - 2AI /242 .1 z6 s� � /Lll 71-w aci.(tosK G o -6— 6-1 Qk04 - W l.Jy L19 / ' S,N ,L.d : jcE._ j11/K Kwik Trip, Inc. - Real Estate P.O. Box 1095, Oconomowoc, WI 53066 TRIP Office: (262) 560-0385 • Fax: (262) 560-0394 INCORPORATED To serve our customers and community more effectively than anyone else by treating our customers, co-workers and suppliers as we, personalty, would like to be treated.' Matt Tucker Associate Planner City of Oshkosh 215 Church St Oshkosh, WI 54903 July 22, 2002 Dear Matt, This is a cover letter for the variance applications for our new Kwik Trip Store at the corner of Sawyer and Witzel in Oshkosh. You will find an application for parking setback variances and for a sign setback variance. Enclosed is a check for $250 to cover the fee for both variances. You will also find a site plan and a copy of our proposed ground sign. Please note that the site plan does not yet show the conditions of conditional use added by the planning commission. None of arose affect the variances we are requesting As you know this is a very narrow site. We have worked hard a coming up with the best workable plan to redevelop the existing gas/service station to a totally new development. We plan on scraping the entire site and building new urban style all brick Kwllk Trip store. In order to allow traffic to flow on this site, we do need a variance from the setbacks as shown on our site plan. These setbacks will also allow for additional parking, which will also keep the lot less congested during busy times. Even with these setbacks we will be set back farther than most existing commercial sites on Sawyer and Witzel. We will also need a variance for the sign setback As with the setbacks for parking our sign setback will still be farther back than most other commercial signs. Without this setback, the sign will have to be located in an island in the traffic flow area. We feel that this new store will be a great improvement to this corner It will reduce driveways from 7 to 3. It will increase green space and setbacks. It will replace an old unsightly building with a new brick building Thank you for your consideration and feel free to call with any questions. Sin.. ) • . Zietlow Kwik Trip, Inc. Real Estate and Development KWIK TRIP 10'-0" L SAWYER & WITZEL �( OSHKOSH, WI UNLEADED *TOTAL SQ. FT. A 9 EACH SIDE = 101.47 v-IN I 32 T R/pp DIESEL " SCROLL CABINET IS 10' x 8' 1.5" SCROLL FACES ARE 119" x 94.5" SQUARE FEET = 78.09 STORES 1.39 R A f READER BOARD CABINET - 3' 4.5" X 8' .75" B �. A .. - (FACES ARE 36.5" x 95.25") 14 SQUARE FEET = 23.38 8 " GAS PRICE NUMBER DETAIL 7" SQUARE TUBE POLE - 1/4 " STEEL O 0 6 ■ 4.2 Sq.Ft. EACH 25.20 Sq.Ft. 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Sawyer Street #i)t This drawing is a compilation of records, data and information located in various city, county _ and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference O✓ I IKOJ purposes only. The City of Oshkosh is not re- Development Community sponsible for any inaccuracies herein contained. � Development ON THE WATER If discrepencies are found, please contact the City of Oshkosh. 40 0 40 80 120 Feet 07/24/02 Created by - MLD co MO a 1 — cs►,1 „mum 5 -� = am►i►n►mnl W fn —.J co I 0 Q 7 LI Subject Site - AVE • — z Z _ r . .OUTHLAND AVE. f Z = , H O 1 A YT o CT. me mi U) M I" — NPATIO A L AVE. Q u Iranians O�� L Illra iau_s 77- Z z LZ :gig 1. 1 1 11 IIIIIMIKI AVE. /- - min Zili mil' IIIII 111111 . 111•1111 I _ i. 2ND 'n. IN � � 4gt. MINN In= a bilk 4. w MIN . QGlltl<; v_E lim co C , w /A= so 5: 1 r _ to -1 - BISMARK 1. 1 F9 _ , i_�l - Mill NNW 5TH 'f L - ____, ll i in ±111-E1 AVE. co > tai 11 . NM CJ) 11111111•11111111t-11 11111111•11111111t-11 Z ■ ■J/111111F1 T - H W. 7Tf AvE. = o I r-- I 'h1' 11110 M N o Q MI _ 111•111111111E 11111 i I I V I c9 F i - — I MMININN 1777 DISCLAIMER Birds Eye View Th This map is neither a legally recorded map nor AN a survey and it is not intended to be used as one. 103-123 N . Sawyer Street © 1111 This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference 7 purposes only. The City of Oshkosh is not re - Community Development O.f HKO.f H sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the 600 0 60� City of Oshkosh. 1200 pet by - MLD 07/24/02 111 1 — i � ,...0 . i. I to � - - AVE '__ nrtau -- . — vun.::u� M c2 0 — _ Subject Site w F °RTC mom , rem Y I Z R -5 CD Q in t r Z z . N CO ■ 1 41 OUTHLAND AVE. . Z _ O s: I L i1 N CT. L u) n rn aim ' 4 R -3 �' • • NAL E. —.1 , WAN Q •1111111 111 ( 0 M - MBE11231111 R3 I mg Z � (1 H 1 11111 AVE. WAS Dm Allill iAbill �m 111 '«�:��♦�! �I 0) IN • 4441161 2ND �� ■� brie -C 2 W r `v �� �.� QLlllr;iL �1 Q � . wil E9 111 MINN w o ,�i►�rrll A VE, I.e l - - — — „ INI7 al w womq• im ilb M Ilia ui It 1 R 2 i BISMARK " — u) 5tl- 111111 1 - \1 II/3 - ■a111 . , , _= . ral m mitH I'VE. w MU MI ■I11R1111t1 N111111 C 111111111111111 I•1 No In MI W u l In1111111FI •1111'Ii mil 1N. 7TM E = o N1�� 111111 ii 11111 Lei -, EP-Ned EMIJIMI 11111111111 Pri MI mil su MEE NM no uTa mum DISCLAIMER Existing Zoning N This map is neither a legally recorded map nor a survey and it is not intended to be used as one. 103 -123 N. Sawyer Street ill) . This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting the area shown and it is to be used for reference Community Development OJHKOJH purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 500 0 500 Feet ON THE WATER If discrepencies are found, please contact the City of Oshkosh. ■1 Created by - MLD 07/24/02 BOARD OF APPEALS MINUTES AUGUST 28, 2002 PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, Don Krueger, John Schorse, EXCUSED: 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. Regarding the minutes of August 14, 2002, Ms. Hentz asked for clarification on Item V, 1712 Hazel Street, regarding the second condition. She said she would like the minutes to reflect the statement "that the size of the ramp must remain at the size that it is now." Minutes approved. (Hentz/Dahl) Unanimous. I: 103 - 123 N. SAWYER STREET Hans Zietlow, applicant for Kwik Trip, is requesting a variance to construct a building and parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. Hans Zietlow, 1626 Oak Street, La Crosse, Wisconsin, said due to the fact that the City Council did not vote in favor of their rezoning request at the meeting of August 27, 2002, they propose to lay the item over until the Board of Appeals meeting of September 25, 2002. Motion by Dahl to lay over the variance request to construct a building and parking lot with a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, and a variance to locate a ground sign with a 10' setback to Witzel Avenue, until the meeting of September 25, 2002. Seconded by Schorse. Motion approved 4 -0. Present: Rentz. II: 1050 WITZEL AVENUE Russell J. Reff, applicant, and Hurley Properties, LLC, owner, are requesting a variance to construct an off - street parking area with a 5' front yard setback to Witzel Avenue, and a reduction in the number of required parking spaces to 25 for the proposed mixed use development, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback and Section 30- 36(A)(ii) of the City of Oshkosh Zoning Ordinance requires 31 parking spaces. Matt Tucker introduced the item with photos. He explained the change from the last application, of June 12, 2002, is that the proposal now offers a more functional parking lot. Attorney Russ Reff, 217 Ceape Avenue, introduced himself as being the representative for Hurley Properties. He explained the background of the property stating his clients acquired the property in August of 2000 and have since been making improvements and upgrades to the property. He noted the office space area has been vacant for over a year and noted the Hurleys have concluded that a laundromat facility would be a viable and needed use for this property. Attorney Reff said the physical Board of Appeals Minutes - 3 - August 14, 2002 Mr. Kluessendorf said he also believes the request for the 1.5'is minimal and that, in his opinion, there is not enough color contrast for the sign to be entirely visible. He stated he would support a variance for the sign on the south side of the building, however on the other two issues he would concur with Staff. Chairman Krueger said he would support the wall sign on the south side of the building, due to the interference of the overhang, He added the design of the building does not allow for a sign that does not project above the wall. Chairman Krueger stated he would not support the other two issues. He mentioned the terminal has no other signs at a height of 45', and the sign in the front of the building fits there very nicely. Motion by Schorse for approval of the variance request for a wall sign to be placed above the roof line for the sign on the south side of the building, facing the tarmac. Seconded by Hentz. Motion approved 4-1. Nay: Hentz. Motion by Schorse for approval of the variance request for the sign facing W. 20 Avenue to project above the wall. Seconded by Hentz. Motion denied 1-4. Nay: Rentz, Kluessendorf, Krueger, Wilusz. Motion by Hentz for approval of the variance request for a 45' tall ground sign. Seconded by Kluessendorf. Motion denied 0-5. Finding of the fact: It was concluded that the building on the south side with the overhang does not allow for a sign to be placed where it does not project above the roof line and there would be no adverse impact on neighboring properties. II: 103 - 123 N. SAWYER STREET Ms. Hentz announced that although she would participate in the discussion of Item II, she would be voting present. Hans Zietlow, applicant for Kwik Trip, is requesting a variance to construct a building and parking lot with a 12' setback to Faust Avenue, a 10' setback to N. Sawyer Street, and a 10' setback to Witzel Avenue, and a variance to locate a ground sign with a 10' setback to Witzel Avenue whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback for buildings, parking facilities, and ground signs. Matt Tucker introduced the item and circulated photos along with an enlarged site plan. He noted there would be future reconstruction of N. Sawyer Street. Hans Zietlow, 1626 Oak Street, La Crosse, Wisconsin, introduced himself as the representative for Kwik Trip. He said he concurs with all of staffs recommendations. He presented a picture of a 15' high ground sign that was recently erected in Burlington, Wisconsin. He said they would be able to lower this sign to a height of 12', which in turn would make the sign slightly wider. He described the sign as having brick pillars, to match the building, which would hold the traditional sign, and it would be topped off with limestone caps. He presented a site plan of the proposed landscaping and added they would abide by any reasonable recommendations from the Plan Commission as far as the future landscaping plan. He noted they have pushed the building and the canopy as far to Sawyer Street as they can to move Board of Appeals Minutes - 4 - August 14, 2002 away from the neighbors. Mr. Zietlow said that generally when they build they have eight multiple pump dispensers (MPD) and here they have opted for six because of the narrowness of the site. He added that anything less than six would not be economically feasible. He said the traffic around the canopy is very important, not only to get people in and out, but also to keep the driveways clear. He said the vast majority of sites on Sawyer Street are older commercial properties, which have smaller setbacks. Mr. Zietlow said the proposed setbacks will increase green space and be a vast improvement on what is presently there. He stated that the Plan Commission has recommended approval to the City Council. Mr. Zietlow said, in his opinion, there is no other commercial viable use for the property. Mr. Tucker noted that the site plan shows parallel parking spaces of 9' x 18' and code requires parallel parking spaces to be 8' x 22'. Peter Schmalz, 1303 Faust Avenue, said that in his opinion, the statement that some other commercial properties in the area have 0' setbacks is incorrect. He cited the measurements he found in the immediate area was nothing less than 15'. He added that east on Witzel Avenue there is a property with a setback of 12.5'. Mr. Schmalz said a 10' setback is considerably less than what exists with the other businesses. He also noted that most of the businesses are offices and they do not have the same amount of traffic. He said if this was a proposal for a commercial district by Highway 41 it would not be necessary for variance requests because there would be available space. • Chairman Krueger reminded Mr. Schmalz that only the variances at the subject property were to be addressed. He explained that the proposed land use and rezoning are irrelevant to the Board of Appeals. Mr. Schmalz continued that in a largely commercial district the setback issue is less important than in an area that is entirely residential. He said, in his opinion, if a setback of 10' instead of 25' is approved as a buffer between the two areas, because of a hardship for the applicant then a hardship is being created for the residential area. David Langkau, 1225 Faust Avenue, said the cover letter from Kwik Trip, which the applicant submitted, touches on more than just the variance requests so he would like the opportunity to address a variety of issues. Chairman Krueger reminded Mr. Langkau that the Board could only act on the variance requests. Mr. Tucker explained it is the responsibility of Staff to include all information, which applicants submit, in the meeting notice and the staff report. He said the decisions the Board makes are to be determined by the facts that are presented at the meeting. Mr. Langkau read a prepared statement relating concerns on behalf of residents of the subject area. (Said statement on file in the Department of Community Development.) William Hentz, 1312 Faust Avenue, said in his opinion, if there is a hardship it is because Kwik Trip is attempting to build on the site, which is too small, therefore they have created their own hardship. He said the applicants have come forward with a plan, that is not complete and, in his opinion, they should present another plan, which will not require so many variance requests. He stated a field survey of gasoline pump usage, which he performed at the Kwik Trip on Jackson Street, does not support the necessity of the six pumps, which the applicant is proposing. Mr. Hentz added that there would be adverse impact on the neighboring properties with the increase in traffic. Chairman Krueger reminded Mr. Hentz to speak to the variance requests only. Mr. Hentz said he feels the Board will be making their decision based on limited information. Mr. Kluessendorf said he could understand Mr. Hentz's concern and questioned if the subject property was previously a gas station. Mr. Hentz answered yes that it was a very small establishment. Board of Appeals Minutes - 5 - August 14, 2002 Amy Gauger, 1203 Witzel Avenue, said she has been denied the right to erect a privacy fence because of the 25' setback and, in her opinion, the variance request for the applicant should not be allowed. Chairman Krueger asked Ms. Gauger if she had applied for a variance for the fence. Ms. Gauger said she did not apply but was told the setback requirement for a privacy fence was 25'. During board discussion Mr. Kluessendorf asked about the vision triangle and questioned if the possibility of contaminated soil has been addressed. Mr. Tucker explained because it is a controlled intersection and structures will be at grade, there are no concerns about vision, and any soil issue would be addressed at the time a building permit was issued. Chairman Krueger voiced a concern about the ground sign being positioned so as not to interfere with visibility to the sidewalk or the street. Mr. Tucker said staff's concern with the pylon sign is that it is 23' tall and 10' off the sidewalk, which would result in a towering effect. He noted there could be some vision clearance conflicts around a monument style sign. He added the signage options are a pylon sign, which one could see underneath and around or a monument style sign, that looks more appropriate and has a lesser impact on adjacent properties, but may create a vision clearance issue for pedestrians. Ms. Hentz noted a conflict with the potential safety hazards with the sign and questioned the purpose of the ground sign and its proposed location. Mr. Kluessendorf asked if the entrance and egress remains the same as the present gas station. Mr. Tucker answered there are seven egress points on the present site and there would be three on the proposed redeveloped site. Discussion continued on the setbacks of the canopy. Chairman Krueger said he would support the request of the two variances, but not the request for the parking lot with a 12' setback to Faust Avenue. He said it is a commercial lot and he believes that the proposal would fit there. Chairman Krueger said, in his opinion, the variance requests are not in excess. He said in the past the Board has granted variances of similar nature and, in his opinion, the lot has a hardship to place any kind of building on it and make it economically feasible. Motion by Schorse to approve a variance request to construct a building and parking lot with a 12' setback to Faust Avenue. Seconded by Wilusz. Motion denied 0-4. Nays; Kluessendorf, Krueger, Schorse, Wilusz. Present; Hentz. Motion by Schorse to approve the variance request to construct a building and a parking lot with a 10' setback to N. Sawyer Street and a 10' setback to Witzel Avenue. Seconded by Wilusz. Motion laid over 3 -1. Nays; Kluessendorf. Present; Hentz. Motion by Schorse to approve the variance request to locate a ground sign with a 10' setback to Witzel Avenue, with the following condition: 1) The proposed ground sign must be a monument style sign, not to exceed 12 feet in height nor 100 square feet in area per side. Seconded by Wilusz. Motion laid over 3 -1. Nays; Kluessendorf. Present; Hentz. Mr. Schorse excused himself at 5:18 P.M. III: 4085 SHARRATT DRIVE Jerry Mathusek, applicant, and Barb Wagner, owner, are requesting a variance to allow for a single family house with a 22' rear yard setback, whereas Section 30- 17(B)(3)(d) of the City of Oshkosh Zoning Ordinance requires a 25' rear yard setback.