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HomeMy WebLinkAboutLetter (BZA/variance) - 08/12/1999 City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 JACKSON R. KINNEY � V Oshkosh, WI 54902 -1130 Director W I IC- H (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER August 12, 1999 Mike Ringer N1977 Municipal Drive Greenville Wisconsin 54942 RE: 350 S. K o e l l e r St. Dear Mr. Ringer: On August 11, 1999, the City of Oshkosh Board of Appeals approved a variance to erect a ground sign with a 15.5' front yard setback with the condition that the owner provide the City with up to a 10' wide easement across the front of the subject property to accommodate a side path. The decision of the Board was filed in the Planning Services Office of the Department of Community Development on August 12, 1999. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on February 11, 1999 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. 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 -5059. Sincerely, JOHN C. BLUEMKE Principal Planner JCB /vlr cc: vspection Services Division General Lighting Board of Appeals Minutes Page 5 August 11, 1999 Vice Chairman Roehlig asked if he currently backed out of his driveway, and if that would change if this variance were granted. Mr. Lewellyn stated he currently backs out of his driveway, and that wouldn't change. Vice Chairman Roehlig asked if the driveway was gravel. Mr. Lewellyn stated the driveway was cement. Mr. Lewellyn questioned what the C -3 Zoning District allowed. Mr. Bluemke stated a C -3 Zoning District was a Central Commercial District that allows single family residence uses with the code reverting back to the R -1 Single Family Residence District. • Discussion followed as to how many more feet were needed for two parking spaces and who would inspect the project when it was completed. Mr. Schorse stated the request appeared to be the minimum needed to park 2 cars and would be an improvement for the neighborhood. Mr. Roehlig asked about the requirements for the south side of the property. Mr. Bluemke stated there would need to be a solid fence on Mr. Lewellyn's property. Discussion followed regarding materials that could be used for the fence and the issue of the neighbors having a fence close to the lot line. Motion by Schorse to approve the variance for construction of two uncovered parking spaces with a side yard setback of 2' and a rear yard setback of 15' subject to the condition that the spaces be screed on the south lot line by a 6' high solid fence or solid evergreen shrub border that is at least 4' in height. Seconded by Dahl. Motion carried 4 -0. Finding of the Fact: Vice Chairman Roehlig stated there appeared to be no adverse impact on the neighborhood. Mr. Schorse stated the request was the minimum needed to park two cars. VI: 350 S. KOELLER STREET - General Lighting Inc., Applicant, Mike Ringer, Owner. The applicant is requesting a variance to erect a ground sign with a 10' front yard setback. Mr. Roehlig asked how far the lot line was from the curb. Mr. Bluemke stated it was approximately 3-4'. Helen Schoeb, representative for General Lighting, Inc., 2215 Kelbe Drive, Little Chute, Wisconsin, stated they would be happy to provide an easement to the City as long as they could get an adequate sign in place. She stated in that case a 15.5' front yard setback instead of a 10' front yard setback would be acceptable. Mr. Bluemke explained to the Board an easement may be needed across the front of the subject property in the future to accommodate a pedestrian walkway. Motion by Dahl for approval of the variance to erect a ground sign with a 15'5" front yard setback with the condition the owner provide the City with up to a 10' wide easement across the front of the subject property to accommodate the side path. Seconded by Vice Chairman Roehlig. Motion carried 4 -0. Finding of the Fact: Vice Chairman Roehlig .stated the variance request appeared to be the minimum needed, and wouldn't block visibility. STAFF REPORT BOARD OF APPEALS AUGUST 11, 1999 ITEM VI: 350 S. KOELLER STREET - General Lighting Inc., Applicant, Mike Ringer, Owner. GENERAL DESCRIPTION AND BACKGROUND The applicant is requesting a variance to erect a ground sign with a 10' front yard setback; whereas the City of Oshkosh Zoning Ordinance Section 30 -34 (D) (4) (a) requires signs to have a 25' front yard setback. The general area is characterized by commercial land uses, and the subject site is zoned C -2 General Commercial and is within the Highway 41 Corridor Overlay District. ,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 construct a sign with a 10' foot front yard setback while the Ordinance calls for a 25' setback. There is a limited amount of space where the sign can be placed which creates a hardship for the owner. Also, there would not appear to be a considerable adverse impact on neighboring properties if a variance were granted. However, it does not appear the variance being requested is the least possible to remove the hardship. The owner does have the alternative to move the sign back so that it would be 15.5' from the property line, and not encroach into the parking lot. Additionally, the City is working on a plan to construct a side path along the east side of Koeller Street to facilitate pedestrian traffic in this area, and if the sign were located within 10' of the property line the sign may interfere with the side path. However, if the sign were moved back a side path and sign could potentially be accommodated on the site. Based on this information, staff recommends denial of the variance for a sign with a 10' front yard setback, but would recommend approval of a variance for a sign with a 15.5' front yard setback with the condition the owner provide the City with up to a 10' wide easement across the front of the subject property to accommodate the side path. Please Type or print in BLACK INK Return to: Department of Community Development 215 Church Ave., PO Box 1130 CITY OF OSHKOSH Oshkosh, WI 54902 -1130 APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible (maximum size 11" x 17 ") site plan. (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $25.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: a50 c j , \QY • Owner (if not petitioner) 0 ' h r% r Home Phone: 75'7- 9g( ' 1 Owner's Address: !� a' h -k q�, G r env; k, Work Phone: Liq 4' -J i t 8 Signature: 4G A � , r - Date: 9 G1i - 1 -? q Applicant or Agent (if different from owner): Cpc121Y A. 1.0 avnc Home Phone: '$ - (0$$9 Applicant's Address: a @ \.5 y \ C; U 1-.A A v C � \u k h P Work Phone: 767- 40 9D- Signature: c �, a J\ Ito k OR Date: 1-A 7• -q q 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: 4:)r) C (VvC0 -\r, se r , \\ \ \ n Si n iIS� icy) 0 - uvr \ cacao " ` ,,xMaA OVUM ° AO Ct�41. tr�x1MA.. ©t t k �� �1 ` c \kt� \ ►_ Ila all 1 _ eh 11 1 rtti obey) 0 -\) C mA a \Cr `r.L.uc�snm c a. • Ltrn Ol , U `lX1A4 ;.1 \' C Az,..t, k , Vi i1,j t *- CR 1 0YE s . i p ek . t. t . x DWI qt t l M1 `. ipri t.S _ C .i.-y∎ ,c\lzc \r \i c, i t 1 h x.111 S�'Vhe.c2� ! -pO'& U 0 2. Describe how the variance would not have an adverse effect on surrounding properties: l `3.)c■he., hr, Y1C Cda >P&x , \V -c No, o\\ `tit v ti re o ±wA i ii a kNc C` A (0 -N - ' 51 -At 'l :1 s n WOO (X ) . a 1 x 'm Lori C ` � \mac_ \tie \-\(... . \- U 3. 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