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BOARD OF APPEALS MINUTES
September 12, 2012
PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Kathryn Larson, Jane Cryan, Robert
Krasniewski
EXCUSED: none
STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Elizabeth Schultz, 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 August 8, 2012 were approved as presented. (Carpenter/Krasniewski)
ITEM I: 1051 S. WASHBURN STREET
Bruce Gerondale-applicant/owner, requests the following variance to permit an off street parking stall in the
front yard setback:
Description Code ReferenceMinimum Proposed
Front yard setback 30-25(B)(2)(c) 25’ 10’
Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the property was
zoned C-2 General Commercial District and within the Highway 41 Corridor Overlay and is being used by a
commercial dine-in restaurant which fits in with the general area characterized as commercial retail in nature.
The City of Oshkosh Inspection Services Division issued the property a correction notice on 05/24/12 to
remove a parked commercial vehicle from the front yard grass/setback area due to a violation of the
municipal code which was complied with on 06/01/12. However, on 07/10/12 it came to the City’s attention
that an off-street parking space had been constructed in the front yard setback without a permit and another
correction notice was issued on 07/16/12, which has resulted in the application to the Board of Appeals to
grant a variance to retain the parking space as constructed 15’ into the front yard setback adjacent to S.
Washburn. According to the applicant the variance would not have any adverse effect on surrounding
properties because it is not in the way of anything and the hardship that would result if the variance was not
granted would be the loss of money and hard work. Likewise, the stated need for the parking space is for
advertisement purposes on a commercial vehicle, which conflicts with the sign regulations in Section 30-37
of the municipal code. Based on the information provided, staff recommends denial of the variance as
requested.
Mr. Cornell recognized no one was present to speak on behalf of the applicant/owner and opened the meeting
up for discussion.
Mr. Carpenter stated he visited the site and wondered why the car lot down the street was allowed to park
cars with advertising on them all the way up to the sidewalk but the applicant is not allowed to put a car in
front of his restaurant. He recalled instances where the Council allowed construction many feet into the front
yard setback but the Board has required an applicant to remove 9” of his porch from the front yard setback.
He questioned the consistency and enforcement of decisions the Board has made in the past with similar
issues.
Board of Appeals Minutes 1 September 12, 2012
Mr. Muehrer clarified that a correction notice has been issued to the car lot in question several times and
another one was currently being issued. He explained that Council can allow base standard modifications
when a property is located within a Planned Development (PD) District. The PD allows more flexibility to
the property owner and is looked at by Plan Commission and Council on a case-by-case basis.
Mr. Cornell added that there are also instances where properties were constructed prior to the zoning
ordinance and once the owner makes changes to the development they would need to come into compliance
with current codes.
Mr. Muehrer confirmed that there are properties that are grandfathered non-conforming but once changes
were made they would indeed need to come into compliance.
The Board then discussed various other locations throughout the city that were grandfathered non-conforming
uses.
Mr. Muehrer wrapped up the discussion by explaining there are other methods to allow for development in
the front yard setback, including the Council’s ability to allow base standard modifications when a property is
within a Planned Development District. However, this instance is self imposed since work was completed
without a permit being obtained.
Mr. Cornell commented that a 60 ft pylon sign can be seen from a far distance and then to put a small sign in
front of a vehicle when traffic moves so fast 90% of the people are not going to see the sign because they are
busy looking for where to turn in.
Mr. Muehrer explained that there are sections of the sign ordinance that allows for appropriately scaled
entrance/ingress-egress signs for businesses, which may be a better option than the variance.
Mr. Carpenter added that traffic travels so quickly on Washburn that to put something out front would be
dangerous.
Motion by Penney to approve the request for a variance to permit an off street parking stall in the
front yard setback.
Seconded by Carpenter.Motion denied 0-5.
There being no further business, the meeting adjourned at 3:45 p.m. (Carpenter/Cryan).
Respectfully submitted,
Todd Muehrer
Associate Planner/Zoning Administrator
Board of Appeals Minutes 2 September 12, 2012