HomeMy WebLinkAboutLetter (BZA/variance) - 02/28/2002 City of Oshkosh
Dept. of Community Development JACKSON R. KINNEY
215 Church Ave., PO Box 1130 Director
OfHKW / H Oshkosh, WI 54903 -1130
ON THE WATER (920) 236 -5059 (920) 236 -5053 FAX
February 28, 2002
Fox Cities Construction Corporation
1460 W. South Park Avenue
PO Box 3485
Oshkosh, Wisconsin 54903
R£ : a ae S . Ko�uL s. -
Dear Mr. Decker:
On February 27, 2002 the Board of Appeals approved your variance to construct a parking lot with a 0' rear yard
setback with the following condition:
1.) The existing sign to remain in its current place and only the lettering can be changed, however if
the existing sign is ever removed or replaced it is required to relocate the sign to the 25' setback
requirement.
The decision of the Board was filed in the Planning Services Division Office of the Department of Community
Development on February 28, 2002. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance,
your variance will expire on August 28, 2002 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.
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 /mld
Cc: Inspection Services Division, City Hall
Paul Jiang
BOARD OF APPEALS MINUTES
FEBRUARY 27, 2002
PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, Joel Kluessendorf, Don Krueger, Edward
Wilusz
EXCUSED: John Schorse
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.
The minutes of February 13, 2002 were approved as mailed. (Hentz/Ameringer).
I: 280 S. KOELLER STREET
Paul Jiang, owner, and Fox Cities Corporation, applicant, are requesting a variance to construct a
parking lot with a 0' rear yard setback, whereas Section 30- 34(D)(4)(c) of the City of Oshkosh Zoning
Ordinance requires a 5' rear yard setback.
Matt Tucker introduced the item.
Keith Decker, Fox Cities Construction, said since the building is more than 50% destroyed due to the
fire, they are unable to rebuild where the building was situated prior to the fire. He said the original
setback was 35', now the required setback is 50', and since they have to move the building back 15' it
has affected the parking area. He noted the parking lot had a 0' setback before the fire and they are again
requesting a 0' setback. Mr. Decker presented a plan of the subject site.
Ms. Hentz asked if there would be a problem with ingress and egress.
Mr. Decker responded it would be the same as it is now.
Discussion continued on the issue of the ground sign. Mr. Decker noted the relocation of the ground sign
would be an additional expense for the owner and added there is a transformer pad also in the area. Mr.
Tucker explained that staff has recommended that the previous variance for a ground sign be voided,
because it is no longer necessary since the building location problem that warranted the variance no
longer presents a hardship. He added this would allow the site to obtain overall compliance. Discussion
continued on the present sign and the fact that it is compliant as far as size is concerned, however the
transformer beneath it is not compliant. It was stated the transformer serves the entire site.
Chairman Krueger said he agrees with staff, that it is a perfect opportunity to bring the site into
compliance. He said, in his opinion, it is a reasonable trade off to approve the 0' rear setback for the sign
to become compliant. Discussion continued on the price of a new sign.
Ms. Hentz offered an amendment to remove the condition from the variance, stating she understands
staff's position, however, the fire was not the fault of the applicant or the owner. She noted the Board of
Appeals previously approved the variance and the owner did not create the problem.
Motion by Hentz for approval of the variance to construct a parking lot with a 0' rear yard
setback. Seconded by Dahl.
Board of Appeals Minutes - 2 - February 27, 2002
Chairman Krueger stated the previous variance was approved when the building was closer to the
highway, and now the building is going to meet the 50' setback requirement so there is no reason to
have the sign 9' from the street. He said, in his opinion, a trade off is needed.
Ms. Hentz said the applicant already proposes reconstructing the building to meet the 50' setback, so the
applicant is already giving something in return. She added she isn't necessarily sure that a trade off is
necessary because the hardship was not self created.
Mr. Kluessendorf stated the variance was granted for an old setback and now the setback is being
rectified, so in his opinion, it makes the variance null.
Mr. Tucker concurred, stating that was the legal opinion he got from the City Attorney's Office. He
noted the variance was granted for a previous circumstance and hardship.
Mr. Ameringer asked if the present location of the sign would create a problem as far as identifying the
establishment.
Mr. Decker responded that moving the sign back would hamper the view from traffic heading north on
HWY 41. He said the sign is now 9' off the property line and probably 30' from Koeller Street.
Discussion continued on the recommended condition and on the face and lettering of the existing sign.
Ms. Hentz withdrew her motion and Mr. Dahl removed his second.
Motion by Hentz for approval of the variance to construct a parking lot with a 0' rear yard
setback with the following condition:
1.) The existing sign to remain in its current place and only the lettering can be
changed, however if the existing sign is ever removed or replaced it is required to
relocate the sign to the 25' setback requirement.
Seconded by Dahl. Motion approved 4 -1. Nay, Krueger.
Finding of the fact: It was concluded it satisfies the requirements for a variance, the hardship was not
self created, the variance is the least possible to remove the hardship and there
would be no adverse impact on the neighboring properties.
II: 1120 S. KOELLER STREET
Flyway Signs, applicant for Wisconsin Hospitality Group (dba/Pizza Hut), is requesting a variance to
permit a roof sign, whereas Section 30- 37(E)(3)(c) of the City of Oshkosh Zoning Ordinance defines
roof signs as prohibited signs.
Matt Tucker introduced the item and circulated photos.
Scott Steffen, Flyway Signs, provided photos of the building with the new signage for Pizza Hut.
City of Oshkosh
Dept. of Community Development
City Hall
215 Church Ave., PO Box 1130
Oshkosh, WI 54903
(920) 236-5059
BOARD OF APPEALS AGENDA
FEBRUARY 27, 2002
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY FEBRUARY 27,
2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF FEBRUARY 13, 2002 MEETING MINUTES
I: 280 S. KOELLER STREET
Paul Jiang, owner, and Fox Cities Construction Corporation, applicant, are requesting a variance to
construct a parking lot with a 0' rear yard setback, whereas Section 30- 34(D)(4)(c) of the City of
Oshkosh Zoning Ordinance requires a 5' rear yard setback.
II: 1120 S. KOELLER STREET
Flyway Signs, applicant for Wisconsin Hospitality Group (dba/Pizza Hut), is requesting a variance to
permit a roof sign, whereas Section 30- 37(E)(3)(c) of the City of Oshkosh Zoning Ordinance describes
roofsigns as prohibited signs.
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
FEBRUARY 27, 2002
ITEM I: 280 S. KOELLER STREET
GENERAL DESCRIPTION AND BACKGROUND
Paul Jiang, owner, and Fox Cities Corporation, applicant, are requesting a variance to construct a
parking lot with a 0' rear yard setback, whereas Section 30- 34(D)(4)(c) of the City of Oshkosh Zoning
Ordinance requires a 5' rear yard setback.
A mix of stand alone commercial and strip mall commercial development characterizes the land use of
the general area. The subject property is zoned C -2, General Commercial District, and falls within the
Highway 41 Corridor Overlay.
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 requesting a variance to retain the 0' setback for parking at the rear of the site, which
the property uses as a parking/aisle with the Landmark Plaza. The plans for construction call for the
removal of the existing building and foundation that was damaged in a recent fire, and the construction
of a new building. The previous building was nonconforming, in that it did not meet the required 50'
setback from South Koeller Street. The applicant is proposing to scrape the building from the site, and
reconstruct the new building at the 50' required setback distance, while keeping the main access point
to the building off the rear of the building.
Since the parking area is accessory to the principal use, and the zoning code requires accessory
structures be brought into compliance when the building is razed, a 5' rear yard setback is required in
the rear yard. Since this property is part of the Landmark Plaza internal mall shopping center and
shares a cross access /cross parking agreement with the Landmark Plaza, the required rear yard setback
creates a hardship for the property. The hardship is not self created, since the subject property has been
developed as part of the Landmark Plaza, which takes advantage of shared parking to satisfy zoning
requirements. The owner is requesting the minimum variance necessary to remove the hardship. In
regard to adverse impact, the requested variance would put the property back in the same rear yard
setback before the fire, and not unlike the other properties that share the Landmark Plaza parking lot.
Staff Report -2- February 13, 2002
Item I
It should be noted that on November 16, 1983, a variance was granted for a sign with a 9' front yard
setback at this site. This variance was granted because the setback of the old building restricted
signage opportunities. Since the building will be reconstructed at the required 50' setback, this
variance is no longer needed. Staff recommends that the variance be voided, and that the owner shall
be required to relocate the existing sign to the required 25' setback.
Based on this information, staff recommends approval of the variance with the following condition.
1.) The previous variance for a ground sign with a 9'± ground sign be voided, and the ground
sign be relocated at the required 25' setback.
Please Type 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
is submitted.
Address of Parcel Affected: 280 S . Koeller, Oshkosh, WI 54902
Petitioner: Fox Cities Construction Corp. Home Phone:
1460 W. South Park Avenue
Petitioner's Address: P 0. Box 3485, Oshkosh, WI 54903 Work Phone: 920- 235 -8008
Signature Required: QJIQ r
KEITH DECKER Date: , i1 7)C
Owner (if not petitioner): Paul Jiang Home Phone:
Owner's Address: 730 Glenwood Drive, Fond du Lac, WI Work Phone: 920- 929 -9988
54935 -. qNE.
Signature Required:. /- �� PAUL JIANG Date: 2 7 Z
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: Rebuild China King Restaurant
damaged by fire. Zoning codes have changed since original building was built, making the
existing foundation or building set backs non - compliant and rear yard of existing parking
set backs non - compliant.
2. Describe how the variance would not have an adverse effect on surrounding properties: The building
will be moved back to meet the current 50' set back to the Frontage Road. We are
requesting a zero (0) foot rear yard set back for parking, which is the same as it was.
(Continued on Reverse Side) A
3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures: Our site is zoned C -Z and is not Dar of the existing mall complex. which
is zoned PD overlay. We currently share parking and have a shared parking agreement.
4. Describe the hardship that would result if your variance were not granted: The existing ordinance
is overly burdensome. We should not have a rear yard set back because of mall complex
and shared parking.
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DISCLAIMER Close Up View nI
This map is neither a legally recorded map nor S V
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and information located in various city, county \
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the area shown and it is to be used for reference O.f HKO.IH
purposes only. The City of Oshkosh is not re- Community Development
sponsible for any inaccuracies herein contained. `•1 I ON THE WATER
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DISCLAIMER Existing Zoning
This map is neither a legally recorded map nor 280 S Koeller Street I
a survey and it is not intended to be used as one.
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 O_ HKO TH
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purposes only. The City of Oshkosh is not re-
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