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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES April 11, 2012 PRESENT: Robert Cornell, Janet Duellman, Dennis Penney, Jane Cryan, Robert Krasniewski EXCUSED: Dan Carpenter, Kathryn Larson STAFF: Jeffrey Nau, Associate Planner; Steve Brand, Superintendent of Utilities; Steve Gohde, Assistant Director of Public Works; Deborah Foland, Recording Secretary Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of February 8, 2012 were approved as presented. (Penney/Cryan) ITEM I: 264 LAKE POINTE DRIVE City of Oshkosh Dept. of Public Works – applicant, Sawyer Creek Homeowners Association - owner, requests the following variance to establish a new public utility structure: Description Code ReferenceRequired Proposed I.Front yard setback 30-17 (B)(2)(c) 25’ 2’ Mr. Nau presented the item and distributed photos of the subject site. The parcel is split-zoned R-1 Single Family Residence District and R-1PD Single Family Residence with a Planned Development Overlay and is an island parcel located in the court area at the intersection of Sunnybrook Drive and Lake Pointe Drive encompassed by public right-of-way. The subject parcel is currently used as a public infrastructure facility containing a below-grade submersible sanitary pump station constructed in 1992 and is in need of upgrades to improve capacity and reliability and provide a backup power generator. The front yard setback variance is needed to construct a control panel with a natural gas fueled generator. Extensive landscaping is proposed consisting of arborvitae bushes and froebelii spirea shrubs to screen the structures from nearby residential uses with the structures painted green to better camouflage them. The small parcel size is creating a justifiable hardship and if the variance request is denied, the proposed upgrades could not be completed and the general area would suffer as a result. The variance will not be detrimental to adjacent properties and will not be contrary to the public interest. Steve Brand, Superintendent of Utilities, stated that the City had no issues with the conditions recommended for this request and would like to include the neighbors in the decision of what color the cabinet should be painted. He further stated that this pump station was developed in 1992 when the area was constructed and notices were sent out to the adjacent property owners regarding the project prior to the meeting notices sent out for the Board of Appeals meeting. Mr. Penney questioned if the existing landscaping would be removed. Mr. Brand responded that it would be necessary to remove the existing landscaping to install the new panel however they will hide the new equipment as much as possible while still leaving available space for access for maintenance purposes. Board of Appeals Minutes 1 April 11, 2012 Ms. Cryan commented that 20 years did not seem very long for the existing equipment to have lasted and questioned if the replacement equipment would have a longer life span. Mr. Brand replied that the equipment operates 24 hours a day, 7 days a week and there have been a lot of changes in controls over the years. He further commented that some of the electronic controls cannot be serviced at this point as replacement parts are no longer available. The 20 year time period is about the usual cycle for the replacement of this type of equipment. Ms. Cryan then questioned if the area for the pumping station would be larger than it is now. Mr. Brand responded that it will not be expanding from the existing area when upgraded. Mr. Krasniewski commented that arborvitae are not the most resilient plantings and questioned if the City had a plan for tending to the property to ensure the landscaping is maintained. Mr. Brand indicated that City staff checked on the property and equipment on a regular basis and the landscaping would be maintained as necessary. John Sauer, 350 Winding Brook Drive, stated that he was present representing the Sawyer Creek Home Owner’s Association and was inquiring why they had not been notified prior to the meeting notice. Steve Gohde, Assistant Director of Public Works, replied that the City has an easement on this property for the placement of the pumping station and a letter was sent out two weeks prior to the Board of Appeals meeting notice informing adjacent property owners and the Homeowner’s Association that the equipment would be required to be replaced. Mr. Sauer commented that there didn’t appear to be any objections from the neighboring property owners as no one else was present to comment on the matter. Mr. Penney questioned if Mr. Sauer had a complaint against the variance request for the project. Mr. Sauer responded that he did not have a complaint but just wanted more information about the project. Mr. Cornell inquired if he was satisfied with the information received at today’s hearing. Mr. Sauer responded affirmatively. Ms. Duellman questioned how the City decides who is notified of a variance request. Ms. Foland indicated that meeting notices were sent out to adjacent and abutting property owners only. Motion by Krasniewski to approve the request for a variance to permit a new public utility structure with a 2’ front yard setback with the following conditions: 1.Required landscape screening includes five 8’ tall pyramidal arborvitae (size at planting) and five 1 gallon froebelii spirea shrubs as depicted on submitted plans. 2.Proposed generator cabinet structure is painted green to closely match the proposed arborvitae listed in condition 1. Board of Appeals Minutes 2 April 11, 2012 Motion carried 5-0. Seconded by Penney. Finding of Facts: No harm to public interest. Improvement to present system. OTHER BUSINESS Mr. Cornell and Mr. Penney questioned when their terms on the Board of Appeals were due to expire as the City’s website has them both listed as 6/1/12 and they thought their terms did not expire until 6/1/13. Ms. Foland indicated that she would check on their expiration dates for their terms and have the website corrected if the information was in error. She would notify them of the results. There being no further business, the meeting adjourned at 3:51 p.m. (Krasniewski/Cryan). Respectfully submitted, Jeffrey Nau Associate Planner Board of Appeals Minutes 3 April 11, 2012