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HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 12/05/1990 BOARD OF ZONING APPEALS PAGE TWO DECEMBER 5, 1990 maneuvering area for the garage in question; 2) That there be no outside storage of boats or other recreational type vehicles including automobiles on this lot; and 3) That the applicant /owner submit evi- dence of its intent to convert the buildings to condos prior to the issuance of permits. Seconded by Krueger. Motion carried 4 -0 with 1 present (Hintz). Regarding the findings of fact, Mr. Krueger stated there is no other viable alternative location to place the garage. The owner is willing to submit evidence that the buildings are to be converted to condos. The, arage will replace existing parking spaces. III. 340 S. KOELLER STREET - Marcus Theatre Corp., owner /applicant The applicant is requesting a variance to construct an addition to an existing movie theatre with a 25 ft. front yard setback; whereas Section 30 -29(F) of the City of Oshkosh Zoning Ordinance requires a 50 ft. minimum front yard setback for structures fronting on Koeller Street. Mr. Bruce Olson, President of Marcus Theatres, Mr. Don Holt, archi- tect, and Mr. Carl Petrack, City Manager of Oshkosh Marcus Theatres, were present to answer the Board's questions. They explained the following: The Ordinance allowed a 25 ft. setback from the frontage road until 1989. When the original theatres were built in Oshkosh they housed 3 -4,000 seats for one theatre. Today's theatres are built with more units under one roof. For example, one theatre may have 10 units with 190 seats per unit which allows moviegoers more than one choice. The number of movies offered since the 70s has been doubled. Someday a five -plex movie theatre will be uneconomical to maintain. (A petition was submitted signed by over 700 people in support of this request.) Appleton offers 20 screens and Oshkosh only has seven. They purchased all the land available in order to build this addition and they razed the restaurant last September on the adjacent land they bought. A site plan was displayed showing the proposed building which is to be extensively remodeled and upgraded, along with considerable landscap- ing being done. Mr. Olson stated they are also improving the main entrance into the parking lot. The sign located in the median is to be removed and located closer to their building and they will not need a variance for that. The two neighbors also have 25 ft. setbacks and all adjacent property owners are supporting this request. The existing building was built about 19 years ago and it was not envisioned at that time that the building would ever need to be expanded. They have added parking spaces to the parking lot and they would provide enough park- ing spaces as required by the Ordinance after the addition is built. Motion by Hintz to approve a variance to construct an addition to an existing movie theatre with a 25 ft. front yard setback with the following conditions: 1) That the 25 ft. front yard setback area be sufficiently landscaped and that the landscaping include berms as indicated on the submitted site plan; and 2) That the cross parking agreement be approved by the City Attorney and be perpetually main- tained. Seconded by Ruhl. Motion carried 5 -0. BOARD OF ZONING APPEALS PAGE THREE DECEMBER 5, 1990 Regarding the findings of fact, Ms. Hintz stated the two adjacent properties have existing buildings with 25 ft. front yard setbacks which were constructed under an old ordinance. The proposed structure would be between those structures. It was not envisioned at the time the existing structure was built that this type of expansion would be needed. The Public Works Department is not concerned about the pro- posed addition affecting future development of the frontage road in this area. The infringement into the setback is negated by the bene- fits resulting from this renovation. Mr. McDonald stated there would be a landscaping improvement on this site along with structural improvements. IV. 2230/2240/2445/2265 /2270 BROOKVIEW COURT - Security Bank S.S.B., owner /applicant The applicant is requesting a variance to permit 48 residential units on a 139,000 sq. ft. parcel of land or 2,895± sq. ft. of land area per unit.; whereas Section 30- 17(B)(3)(f) of the City of Oshkosh Zoning Ordinance requires a minimum of 3000 sq. ft. of land area per unit or 144,000 sq. ft. of land. In answering questions from the Board, Mr. William Stearns of Security Bank explained the following: The bank acquired the property through four foreclosure actions. After the foreclosures it was discovered that the area of land and parking spaces did not meet zoning regula- tions. They purchased all the land available to try and meet the zoning regulations but are still a bit short. These are very new structures. The bank will be selling this property pending the re- sults of this variance request. They would like the property to be legal and conforming with the ordinance by way of variance approval. Discussion ensued on the minute possibility of the units being de- stroyed by fire and replaced. The applicant is trying to clear the title to the property not build more units. However, financial insti- tutions should be more careful in giving mortgages to developers. Mr. Roskom explained the original developer used different financial institutions to finance the overall development and managed to sell off land that was needed for this portion of the development. Ms. Marion Traugott, 235 Westbrook Drive, stated she has no objection to this request. Motion by Krueger to approve a variance to permit 48 residential units on a 139,000 sq. ft. parcel of land or 2,895+ sq. ft. of land area per unit. Seconded by Hintz. Motion carried 4 -1 (McDonald). Regarding the findings of fact, Ms. Hintz stated this is a special set of circumstances. One large development was broken up because of foreclosure actions by various financial institutions. It was not