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HomeMy WebLinkAbout2004-Letter (BZA/variance) (411.Dir City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 O.f HK ./H (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER Jackson R. Kinney Director July 30, 2004 Unified Catholic Schools Stanley Spanbauer 110 N. Sawyer St. Oshkosh, WI 54902 Re: 110 N. Sawyer St. / 1100 Witzel Ave. Dear Mr. Spanbauer: On July 28 the Board of Appeals approved your variance request to construct an off - street loading space in a required front yard setback area that will have a 5 foot front yard setback to Josslyn Street subject to the following conditions: 1. The width and depth of the loading space and maneuvering area be reduced to the minimum necessary to functionally maneuver onto the site by forward motion of the vehicle. This reduction shall result in the off - street loading area having a 10 foot front yard setback and the loading space shall be no deeper than 25 feet. 2. A landscape plan be submitted and approved by the Department of Community Development prior to issuance of a building permit. Landscape plan is to include an increase in the percentage of landscaping relative to the percentage of reduction in setback in areas where setbacks have been reduced by a variance. 3. No vehicles shall be parked in the loading areas at any time, other than during times of loading/unloading. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on July 29, 2004. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on January 28, 2005 unless you have obtained a permit for the activity allowed by the variance. If you fail to get a permit by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Page 2 Unified Catholic Schools 7/30/04 Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday, or call (920) 236 -5050 for an appointment. Please bring all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236 -5062. Sincerely, Matt Tucker Associate Planner MT /djb cc: James Putman Inspection Services Division, City Will BOARD OF APPEALS MINUTES JULY 28, 2004 PRESENT: Dan Carpenter, Robert Cornell, Larry Lang, and Cheryl Hentz EXCUSED: Donald Pressley, Edward Wilusz STAFF: Matt Tucker, Associate Planner; and Debra Berger, Recording Secretary. The meeting was called to order by Chairperson Hentz. Roll call was taken and a quorum declared present. Minutes of the July 14, 2004 meeting were approved as mailed. Cornell /Lang. Unanimous. I: 1609 NORTHPOINT STREET Sandra Drexler, applicant and owner, is requesting a variance to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback, whereas Sections 30- 17(B)(4)(c)(iv) of the City of Oshkosh Zoning Ordinance require a 7.5 foot side yard setback for detached garages located in a side yard area. Mr. Tucker introduced the item and circulated photos of the subject property. David Drexler, owner, 1609 Northpoint Street, stated the garage is located approximately 20 feet from the new addition (a sunroom and enlarging their existing bedroom). Mr. Drexler stated this was the only area available for expansion. This results in the garage being in a portion of the side yard area. Mr. Lang asked if this garage in a side yard area was typical of this neighborhood. Mr. Drexler replied yes, that it was typical of 1950's construction era. Board discussion ensued, with Mr. Cornell stated the new addition would not be extending any farther north than the house and it does not make sense to move the garage. He further stated the proposed addition would not create a hardship to the rest of the neighborhood. Chairperson Hentz agreed. Mr. Lang said he didn't think it has any adverse impact on the neighborhood. The location of the garage relative to the side lot line would not look any different after the construction of the addition than before. Motion by Lang for approval of the variance request to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback. Seconded by Cornell. Motion carried 4 -0. Finding of the Fact: It was determined by board discussion that there would no adverse impact on the neighborhood by allowing the garage to remain in its existing location. II: 110 N. SAWYER STREET James Putman (Kempinger Putman Architects), applicant; Unified Catholic Schools (Stanley Spanbauer), owner, are requesting a variance to construct an off - street loading space in a required front yard setback area that will have a 5 foot front yard setback to Josslyn Street whereas, Sections 30 -17 (B)(2)(c) of the City of Oshkosh Zoning Ordinance require a 25 foot front yard setback for a loading space. Mr. Tucker introduced the item and circulated photos of the subject property. Mr. Tucker stated the loading area, as proposed, requested two loading spaces, which is more than the single space that they would need. James Putman, Kempinger Putman Architects, circulated a schematic drawing showing a 10 foot front yard setback rather than a 5 -foot front yard setback to Josslyn Street and reduce the north / south depth of the space to 25 feet, while still providing a functional off - street loading area. This modification to the petitioner's original request is indicated in condition number one in the staff report, and as the result of discussions with staff. Board of Appeals Minutes - 2 - July 28, 2004 Mr. Putman outlined the owners needs of being able to pull a vehicle off the street, load on a hard pavement, and have the ability to back up into a small maneuvering area, and then drive straight out on to Josslyn Street by forward motion of a vehicle. Stanley Spanbauer, of the Unified Catholic Schools system, stated they have a landscaping committee, and are working with Gary Heinzl of Roe Nursery. Mr. Carpenter asked about how this loading area would affect the traffic patterns for dropping off students. Mr. Spanbauer replied they would have two drop off lanes, one off of Sawyer Street and one off of Josslyn Street. Mr. Putman added all of the traffic for the student drop off area is still in the parking lot area in the north side, not near the proposed loading area. Mr. Cornell asked if the proposed loading area would eliminate a dangerous situation of not having the loading taking place on Josslyn Street. Mr. Putman agreed. Chairperson Hentz asked Mr. Spanbauer if he had any objections to any of the conditions. Mr. Spanbauer said he did not. Regarding condition number three, Mr. Spanbauer stated there would be no parking in the loading area at times other than loading times. Board discussion ensued concluding granting this variance would be an improvement and beneficial for everyone. It would definitely help traffic flow and be a positive safety factor. Mr. Lang stated he would recommend this variance be granted with the 10 foot front yard setback. Motion by Lang for approval of the variance request to construct an off - street loading space in a required front yard setback area that will have a 5 foot front yard setback to Josslyn Street subject to the following conditions: 1. The width and depth of the loading space and maneuvering area be reduced to the minimum necessary to functionally maneuver onto the site by forward motion of the vehicle. This reduction shall result in the off - street loading area having a 10 foot front yard setback and the loading space shall be no deeper than 25 feet. 2. A landscape plan be submitted and approved by the Department of Community Development prior to issuance of a building permit. Landscape plan is to include an increase in the percentage of landscaping relative to the percentage of reduction in setback in areas where setbacks have been reduced by a variance. 3. No vehicles shall be parked in the loading areas at any time, other than during times of loading/unloading. Seconded by Carpenter. Motion carried 4 -0. Finding of the Fact: It was determined by board discussion that by granting this variance to provide a loading space, it would alleviate the potential for a dangerous on- street loading area problem. The proposed off - street loading area, including the three conditions, would improve traffic flow, ensuring safety. There would no adverse impact on the neighborhood and in fact with the addition of landscaping, the impact of the loading area would be minimized. There being no further business, the meeting adjourned at 4:47 p.m. Lang/Carpenter. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT /djb 60 City of Oshkosh Dept. of Community Development City Hall 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 /0\- (920) 236-5059 co BOARD OF APPEALS AGENDA JULY 28, 2004 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JULY 28, 2004 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JULY 14 , 2004 MINUTES I: 1609 NORTHPOINT STREET Sandra Drexler, applicant and owner, is requesting a variance to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback, whereas Sections 30- 17(B)(4)(c)(iv) of the City of Oshkosh Zoning Ordinance require a 7.5 foot side yard setback for detached garages located in a side yard area. II: 110 N. SAWYER STREET / 1100 WITZEL AVENUE James Putnam (Kempinger Putnam Architects), applicant; Unified Catholic Schools (Stanley Spanbauer), owner, are requesting a variance to construct an off - street loading space in a required front yard setback area that will have a 5 foot front yard setback to Josslyn Street whereas, Sections 30 -17 (B)(2)(c) of the City of Oshkosh Zoning Ordinance require a 25 foot front yard setback for a loading space. 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 JULY 28, 2004 ITEM II: 110 N. SAWYER STREET / 1100 WITZEL AVENUE GENERAL DESCRIPTION AND BACKGROUND James Putman (Kempinger Putman Architects), applicant; Unified Catholic Schools (Stanley Spanbauer), owner, are requesting a variance to construct an off -street loading space in a required front yard setback area that will have a 5 foot front yard setback to Josslyn Street whereas, Sections 30 -17 (B)(2)(c) of the City of Oshkosh Zoning Ordinance require a 25 foot front yard setback for a loading space. A mix of institutional, mixed office /retail and industrial land use characterizes the land use of the general area on the side of the property where the variance is being requested. This property falls within three zoning districts: R -1 Single Family Residential District; R -3 Multiple Dwelling District; and C -2 General Commercial District. The subject property is Lourdes High School and Middle School, currently in the process of constructing an approximate 35,000 square foot addition, the primary purpose of which will function as a second gymnasium and upgraded commons area for the school. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The petitioner is requesting a variance to provide an off -street loading area on the property, using an existing curb cut from Josslyn Street. The proposed loading facility will serve the kitchen facilities that prepare lunches for the various schools in the Unified Catholic School (UCS) system. The subject property has served for many years as the food preparation facility for the UCS, and as a part of the new addition under construction, the kitchen facilities are being replaced with a new modern facility. A loading facility is necessary, and considering the location of the kitchen and the existing curb cut in reconstructed Josslyn Street (2003), the proposed location appears is the most functional location for a loading facility to be placed. As proposed, the loading area is designed for direct access to a street in a manner which will least interfere with traffic movements on the street. However, the size of the proposed loading area exceeds the minimum standards for an off -street lading area, and is not the least possible variance necessary to introduce a functional off -street loading area. The loading area facilitates parking for two vehicles, and it would be reasonable to reduce both the width and depth of the area, to provide a single loading space with the necessary maneuvering area. Using graphic standards for maneuvering, parking and loading requirements, the width of the loading area could be narrowed, and 5 foot green space could be expanded to 10 feet, and the depth (north -south dimension) of the loading area could be reduced to a functional depth of 25 feet. These dimensions appear to be the minimum necessary to construct a functional off -street loading area. STAFF REPORT ITEM II -2- JULY 28, 2004 In regard to adverse impact, the proposed loading area abuts properties that are in the less restrictive M -2 Central Industrial District. These properties are currently occupied by a auto repair /mini- warehousing facility and a car wash with mixed retail space. The proposed loading area would have no adverse impact on these uses. Also, the off - street loading area will only be used during weekday times, when school is in session. Intensified landscaping in the remaining setback area would also effectively buffer this area from the adjacent uses and street. Based on this information, staff recommends approval of the variance request, with the following conditions: 1. The width and depth of the loading space and maneuvering area be reduced to the minimum necessary to functionally maneuver onto the site by forward motion of the vehicle. This reduction shall result in the off - street loading area having a 10 foot front yard setback and the loading space shall be no deeper than 25 feet. 2. A landscape plan be submitted and approved by the Department of Community Development prior to issuance of a building permit. Landscape plan is to include an increase in the percentage of landscaping relative to the percentage of reduction in setback in areas where setbacks have been reduced by a variance. 3. No vehicles shall be parked in the loading areas at any time, other than during times of loading/unloading. Please Tyne or Print in BLACK INK Return to: Department of Community Development 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" x 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 and due at the time the application {, j is submitted. -f .� Address of Parcel Affected: ) ■0 �.) -50- e-r� /10 6 W, r �' � 1 " ii II// 11 nn Petitioner: OIPr►t S niM�J - 14e-kWuJG12 1 11'itA�1 HCme S Home Phone: (C120 2 - 492q -- Petitioner's Address: let28 • u3P6twdottLi S1 Work Phone: 03 2 23q - '✓ 3 10 Signature Required: L►; /i: _ �4 1" Date: �1 " Z8 ' 4' Alf, t h y h 4� Owner (if not petition _ Home Phone: Owner's Address: //O 17. 1 ' _ / , ...t; Work Phone: 42-6 - 3 L 2 Signature Required: Date: 6 /Zd 6 y 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.) 1. Explain your proposed plans and why you are requesting a variance: REAszee s a et-t LT 2. Describe how the variance would not have an adverse effect on surrounding properties: (Continued on Reverse Side) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 4. Describe the hardship that would result if your variance were not granted: FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) /i. 6) 'kW �� o 19 & L 5o -- 7i, ja.e,o-yex, 2'? "-jj le,-,1_4,9. 4 �h , CO_4..� '3/9oa 90 ©.c4,� , us �4a -/ vd6 2) T yL% 0046/7 ' /t6»,}I) p j 4 2tei. o, d ' & J -3o i <k t o/ qo. . z.6• a , � .?/9Q -3� 3) L� l 8) `4 . L /iA_' i et I i / d D /U j,....,_ -VIII/ / 0. , .i . / 94.31 , -/,/9/ /1i440,62.4. J zT 0i- , 4 ) A a le 9 ) I.J4 6 1 . / • /air i0/ 1 -1.Z i 4b •d, - -4" ! l ‘.L .■e'4i-e 60 -4 0..4.2/ap a - 5) ),e.{/N. / / (--- i -/iii/eiaa o /a . J ,9 / ICJ A--,e, / 6- •1) - y .,,, Qs.a4t, , 60.. . FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1 _4 iA A/Y (6) - 12eG! I-i. // f► / 10;,a1 C _ 6 d / _ Ae4v." c(&-' u (3 box Boa - 12) - 1 h2e1/ 17) __i_.�s✓ �i — / 0. fatiA 9f7 2 c3 s4J tv_57-/qe,1- 13) ,A _" I AA:: 46 . It _ 13 ) f a O 4L y d -3 - ���� , /9d 1 9 ( bJ4 • 12i2; / /, 1 .4: , Lae , 7 p , >de �• , Oa,- w 5 P 1 1 1/a W � < ' � - 3 g - " � ,ol ,..ms Qo/ -S Iiiia. f'.•'4(4/4 PP/ ‘6 die J Kencinger Putman Architects 1928 S. WASHBURN ST. - P.O. BOX 2903 - OSHKOSH, WISCONSIN 54903 (920) 235 -3310 FAX (920) 235 -4002 City of Oshkosh Application for Variance Addition to Lourdes High School / Neumann Middle School 110 N. Sawyer Street Oshkosh, WI 54901 We submit for your review the following items. 1. Explain your proposed plans and why you are requesting a variance. This project is an addition to the existing Lourdes High School and Middle School. The project includes a gymnasium for the Middle School, a new Band suite for the school, a new Commons and kitchen. There is also a wide circulation corridor and new toilet rooms. The existing kitchen and lunch room will be converted to a new locker room and an exercise area. Lourdes High School prepares lunches for their elementary schools and child care center. Meals are packaged in °tupperware -like" totes, taken to vans, and delivered to other schools. The current building plans indicate a wide asphalt drive leading to Josslyn Street. These totes would be carried to a van parked in the street and be loaded for deliveries. There is an existing curb cut, approximately 33 feet to the north of the proposed asphalt drive. The drive was a part of Terra Building which was removed for this new work. The school would like to used that existing drive and load food into these vans on their property and not in the street. 2. Describe how the variance would not have an adverse effect on surrounding properties. If allowed to maintain the existing curb cut and be able to load vans from the Lourdes property, there would be no change to the current way of handling their food service. The location of the kitchen has changed, but the process of getting the packaged food to the vans remains the same. Since the existing drive serviced the old Terra building, this particular use may have less of an effect than before. Key Putman Architects 1928 S. WASHBURN ST. - P.O. BOX 2903 - OSHKOSH, WISCONSIN 54903 (920) 235 -3310 FAX (920) 235 -4002 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding Tots or structures. There are no special conditions. We are simply trying to use an existing curb cut in a newly paved city street. 4. Describe the hardship that would result if your variance were not granted. The hardship is more of a safety issue for the school. With the current plans, the driver of the van would have to find a parking place on the street. People would be in the street loading food containers into the van. The school would rather have the safety of loading these vehicles from the safety of their property. Please note that one area of concem that the City had was with the potential for backing out into the street. We have addressed that concem by providing enough room to be able to tum a van and drive out directly into the street. Thank you! Q 1 kJ Ol uvres post Ti o1J oF VAN 4 OFF W�4 (A 01 WC, M EA 1.S F"012 �t,Gtit�J T (2 C400(...s. 4 p of V A J if B c I N6 uP pW sae hub W t 06 A NT A CLESS To J0SSL.4N vrtLEXT. vERIFY LOCATION 49 4 DIMS W/ E.G. ......... p U 185.8' # UTILITIES TI '' / A ` Q TO WAY RIGHT UN �F 1 / Z /SET BACK 11 NEW BUILDING LINE I ADDITION ±32'-9" SETBACK z , FLOOR LINE O O 750. -12'= 100' -0" DOWN— O U I �_� Y 1 'IM EL.=748 75 C EXIST. 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IIU ���1' 1 1`1 ��1 €I �1� � illlllllll��l. is ii ii iiiiii III iilu�riiii ii�n�iii iii �� II V » _ ' -- LEN =111= ! ihhhh h 1 put; 11 IIII !!mIIIII 1111 r% 111111111111 IIIIIIIIIIIIIII II 11 III . - on" 1 111 /- / ........ - Nolo _. . -© IIII Ii111111:_ .�i�I1 111111111111 M111111111111111 ■ 1 1 __ _ Kt] :lei . ., :1111111 1 1111' dI11111E 11111111111 11111111111111111111111 E !II It IN :u a : Ng a IN : :© • , ��� I _ __ II�1 .... ._ _ �- . 11 1111. 1111111 .�t11 11111111111111111111111 _, ■ II _ mm UR..I►fr IIILl IIDM -' 11•11111111111111 grrrMIIIIIIMI�I /■ IIII/non/_ DISCLAIMER Existing Zoning (et N This map is neither a legally recorded map nor 110 N. Sawyer St./ a survey and it is not intended to be used as one. This drawing is a compilation of records, data 1100Witzel Ave. 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 A purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the 1 000 0 1 000 Feet City of Oshkosh. Created by - djb 7/12/04 Ma SOUTHLAND AVE. 44. 41 " _ t_ i � ♦ r ►•••� ♦iii ♦•�•�� ♦�► ♦• ♦� O ♦• ♦♦ ♦•••ice ♦• ♦ ♦i• ♦•♦ ♦•i 'f ► ♦ • •+ • ♦�► ♦ ♦ ♦ ♦ ♦' R►� ♦• ♦• ♦•iii• ♦ ♦♦ NAL AVE. :� : ' ''•'��••M:�►:ti�:��►� % u) 1235 1229 127 1217 I" ♦ ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦—:: ♦ ♦ ♦ ♦ ♦ • ♦ ♦ ♦ � • ♦ � ♦ • ♦ • ♦ ♦ ♦ • ♦: ♦• ♦ ! O • i ♦ ii ♦••i ♦iiiii ♦i0••i ♦i•ii =•i 234 1228 1222 1216 +� ♦• ♦••• ♦• ♦ ♦•♦� ♦� ♦•♦ •; II ' AVE. ■ ° 4 � ���s•Zy�• 1 1225 1221 1215 • a i i� ♦ ♦ i • ♦ ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦O 1056 -5 52D -1052 a . • ♦♦ ♦ ♦ ♦ • • ♦ ♦ ♦ ♦ ♦ ♦ ♦ � •♦ ♦ ♦ ♦ •O ♦ • : 8 1226 1218 Sig ' .. .�.' ♦ T: ♦ ♦ ∎ =- 4� �A 1050 -1044 1028 -1024 WITZEL AVE. ♦� WITZEL 7 1219 I2 l 1 4 2i ,� I 1055 1 e 3 ti f\" £ ,.,.n fig �� L ,o ge . 1 , 1r _ ti , 2 M .al I R to .ig g /0). :, DISCLAIMER Close Up View This map is neither a legally recorded map nor 110 N . Sawyer St. / 'CV N a survey and it is not intended to be used as one. 1100 W itzei Ave. 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 OfHKOJH purposes only. The City of Oshkosh is not re- Community Development sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the City of Oshkosh. 7/12/04 200 0 200 Feet Created by - djb