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HomeMy WebLinkAboutMinutesBoard of Appeals Minutes 1 April 9, 2014 BOARD OF APPEALS MINUTES April 9, 2014 PRESENT: Dan Carpenter, Robert Cornell, Tom Willadsen EXCUSED: Dennis Penney, Kathryn Larson, Robert Krasniewski STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; 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 12, 2014 were approved as presented. (Carpenter/Willadsen) ITEM I: 637 W. THIRD AVENUE City of Oshkosh-applicant/owner, requests the following variances to permit screened open storage improvements in required setbacks: Description Code Reference Required Proposed Front Yard Setback 30-29(B)(1) 25’ 10’ Transition Yard Setback (east) 30-35(B)(1)(c) 25’ 15’ Transition Yard Setback (south) 30-35(B)(1)(c) 25’ 15’ Mr. Muehrer presented the item and distributed photos of the subject site. He stated that the property is zoned M-2 Central Industrial District and has been historically used for open storage purposes. The property is void of any improvements including lack of curb and gutter and the general area is characterized as mixed- use in nature. The applicant is proposing to improve the parcel with asphalt paving and 6’ tall solid fencing to screen the open storage area with access via a driveway with gate on W. Third Avenue and a secondary gate in the southeast corner of the lot. Arborvitae plantings are proposed in the remaining setback areas for aesthetics purposes. The setback variances are requested because the improvements will encroach upon the front and transition yard setbacks. The property’s historical use for open storage and proximity to residential uses are unique and provide a degree of hardship with one-third of the parcel’s usable area eliminated if compliance with the setbacks are required. The proposed improvements will reduce dust and debris and will mitigate noise and visual impacts and will include grading and storm sewer improvements that will benefit the immediate vicinity. No detrimental impact will occur to adjacent properties and staff is recommending approval of the variances as requested. Steve Gohde, Assistant Director of Public Works, stated that the City is seeking the setback variances for a screened storage yard. The parcel was previously used as a construction storage yard and provided a sample of the fence screening that was proposed to be utilized. He further stated that asphalt paving and grading as well as storm sewer improvements were planned for the parcel and it would be used primarily for landscaping materials storage. Mr. Cornell questioned if the storage area would be enclosed with roofing. Mr. Gohde responded negatively. Board of Appeals Minutes 2 April 9, 2014 Mr. Carpenter commented that these proposed changes to the site could be an excellent improvement to the area. Mr. Cornell inquired if the University owns other properties in this vicinity. Mr. Gohde replied that they own the parcel adjacent to the west of this property and another parcel across Third Avenue to the north. Motion by Carpenter to approve the request for a variance to permit screened open storage improvements in required setbacks. Seconded by Willadsen. Mr. Carpenter questioned if they were also planning to complete street reconstruction in this area. Mr. Gohde indicated that storm sewer improvements were planned and improvements to Third Avenue were on the schedule for the future. Motion carried 3-0. Finding of Facts: Great improvement for area. Unusual hardship due to mixed-use in area. No adverse impact on neighborhood. OTHER BUSINESS Mr. Carpenter commented that a house in his neighborhood had constructed a new garage without removing the existing shed. After further investigation, he could not find anything in the zoning ordinance that would disallow this; however, he thought that you were not permitted to have two separate accessory structures on your property. Mr. Muehrer responded that the ordinance regulates setbacks, total accessory structure area, and impervious surface coverage. However, there is no limitation regarding the number of buildings on the property. He does recall several requests for a variance in the past years to exceed the total area allowed but the requests were denied. There being no further business, the meeting adjourned at 3:42 p.m. (Willadsen/Carpenter). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator