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Home My WebLink AboutLetter (BZA variance) - 11/29/2001 � � O�� Jackson R.Rinney Director ON THE WATER November 29, 2001 Nolte's Northside Service Keith Mustain 2705 Harrison Street Oshkosh, Wisconsin 54901 RE: 2850 Jackson Drive Dear Mr. Mustain: On November 28,2001 the Board of Appeals approved your variance to allow for a graveled parking lot area with the following conditions: 1.) The 100' x 100' practice area be located in the far south east corner of the property. 2.) Al) other areas be paved per Section 30-36(C)(3)(a)(I)of the City of Oshkosh Zoning Ordinance. 3.) No vehicles to be parked in the practice area. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on November 29, 2001. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on May 29, 2001 unless you have obtained a permit for the activity ailowed 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. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should 6e aware that further action could take place until as much as 30 days after the date of the decision. 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)236-5062. Sincerely, ��h,�-�s�--- Matt Tucker Associate Planner MT/mld Cc: Inspection Services Division , City Hall � BOARD OF APPEALS MINUTES �" November 28,2001 PRESENT: Carl Ameringer, Cheryl Hentz, Joel Kluessendorf, John Schorse, Chairman Don Krueger EXCUSED: Fred Dahl STAFF: Matt Tucker, Associate Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of November 14, 2001 were approved as mailed. Hentz/Ameringer. Unanimous. Assistant City Attorney, Lynn Lorenson, addressed information on ethics involved when a citizen wants to talk to a Board member on a specific issue prior to a Board of Appeals meeting. Her recommendation was to encourage the person to attend the meeting, to state their concerns before the entire Board, so as not to ask a Board member to become an advocate for their position. She noted if there is communication with a citizen, a good policy would be to share with the other Board members the discussion that took place. Attorney Lorenson said staff discourages situations where you discuss information prior to acting in a quasi-judicial capacity, such as an appeal, because in those situations you need to base your decision on what you hear at that hearing before the Board. She noted any conversations would not be in violation of the open meeting laws and is not improper, it is simply not the best practice. She added, if there are ever any questions, the Board is welcome to contact the City Attorney's office. I: 2850 JACKSON DRIVE Nolte's Northside Service is requesting a variance to allow for a graveled parking lot area, whereas Section 30-36(C)(3)(a)(1) of the City of Oshkosh Zoning Ordinance requires all driveways and parking areas shall be surfaced with asphalt or concrete, a dust free surface. Matt Tucker introduced the item presenting a site plan. Keith Mustain, 624 Chestnut Street,Neenah, applicant, said he wanted to clarify because this business is a lot different than other similar operations. He said he does not want the entire lot graveled, a portion could be blacktop. He said his concern is not the fluids that leak, because most of that has already leaked out at the sight of the accident, but rather the suspension parts and the frames gauging into the blacktop. He presented a drawn picture of the area he would like to practice in for raising semi trucks and tractors. Mr. Mustain displayed a map, depicting the areas he would like to be gravel and the areas he would like to be blacktop. He noted in the storm of June 11`�', 2001, their business raised 3 semi tractor-trailers off from Highway 41, while the competitor did 1 with another company. He stated it is important to have this training area so they are able to practice the maneuvers necessary to clear the roads quickly and efficiently. He added experience is only obtainable by training. He presented pictures denoting the areas for ticketed vehicles,junk vehicles, and wrecked vehicles. Mr. Mustain said the parcel is 470' x 470' large enough to accommodate these areas and the fencing is designed to hide the unpleasant sights. Chairman Krueger asked the size of the area requested to be gravel. Mr. Mustain replied 91' x 120' and a small strip azound the outside. Discussion continued on the location of the gravel area and the fact that the spades from the trucks could damage the blacktop. Board of Appeals Minutes -2- November 28, 2001 � Mr. Ameringer asked if Nolte's currently has a practice area and where it is presently located. Also, if accident vehicles were parked on gravel at Nolte's current location and if so were there ever any citations issued. Mr. Mustain noted at the present location,Nolte's is all gravel in the back and that is the area used for training. He said accident vehicles are now parked in gravel and there have been no citations issued. Mr. Tucker explained in his conversations with the DNR(Department of Natural Resources)he learned that spill cleanup is a self-policing ordinance. Mr. Tucker added that when a person goes to sell a property with this type of use, one must verify through environmental clearance of the property,that the property is not contaminated. Discussion continued on the size and location of the area,the fencing involved, the neighboring properties,the zoning of the azea,the future development of the area and the number of vehicles stored. Other alternatives for paving were discussed. Mr. Mustain said the training would consist of perhaps one weekend a month and noted the City Fire Department is interested in participating in the training. He added there is also a wrecker outfit in Ripon that would like to work with them. He said this training would allow them to be at the top of their business. Mr. Mustain said he would like to have an area of about 100' x 100' square for the practice area. Board discussion followed with Mr. Ameringer stating that Nolte's offers a unique service and he would be in favor of an area for the tipping operation, but questioned if there would be another type of surface preparation that would be suitable, which would take care of the leakage problem. Chairman Krueger said that there would be drippings from parked vehicles, which over a period of time becomes a mess. Mr. Tucker said the DNR requires auto-wrecking establishments, a different use,to have a separation system in their storm water running off their site. He said this one falls into a gray azea because it is a temporary storage area. Mr. Kluessendorf noted a concern with the containment of dust. He said he favored Ordinance Section 30-36. Mr. Tucker said the area is a tipping area not a parking area. He added staff would recommend favorably for a smaller area to be used for that purpose. Mr. Kluessendorf asked if that was germane to this issue. Mr. Tucker said the site plan,that was submitted for the building permit, identifies the entire area as a gravel lot. He said it could be designated that there be a small area for the tipping and practicing, which staff would be supportive of,because staff understands the applicant's needs. Ms. Hentz said she would be willing to support a small area, 100' x 100' on the interior,provided that the perimeter was either asphalt or paved. Chairman Krueger noted that an area of 100' x 100' would be an adequate size. Mr. Kluessendorf stated a concern about the leaking fluids. Chairman Krueger responded a condition could be made that no vehicles be parked in the practice area, and then it would become an enforcement issue. Chairman Krueger said he could support the practice azea, but has a difficult time with leaving a gravel strip around the area. Mr. Schorse said, in his opinion, the 100' x 100' is a good compromise and he is in support of the Fire Department and Nolte's joint training. Discussion continued on the location of a 100' x 100' azea being moved further east to the back of the lot. Chairman Krueger said he would like to eliminate the parking along the practice area and tuck the practice area as far back in the southeast corner as possible. Mr. Tucker said this would also make it easier as a code enforcement issue because it could easily be seen from Jackson Street. , .Soard of Appeals Minutes -3- November 28, 2001 1 Motion by Hentz for approval of the variance to allow for a graveled parking lot area with the following conditions: 1.) The 100' x 100' practice area be located in t6e far southeast corner of the property. 2.) All other areas be paved per Section 30-36(C)(3)(a)(1) of the City of Oshkosh Zoning Ordinance 3.) No vehicles be parked in the practice area. Kluessendorf seconded the motion. Motion carried 4-0. Unanimous. Findings: It was stated the business is unique so it required a unique solution to the problem. It was stated that future environmental concerns were addressed as well as trying to address the applicant's present needs. It was noted because of the large size of the property there will be no adverse impact on surrounding properties and the hazdship is when a service is : performed the blacktop would be carved up. II: LOT 1, PATRIARCH,S SUBDIVISION 3378/3380/3382/3384/3386/3388/3390/3392/3394/3396 ISAAC LANE Garry Decker, owner and applicant, is requesting a variance to allow the use of stacked parking, located within the 25' front yard setback, for a multi-family development, whereas Section 30-36(C)(3)(e) of the City of Oshkosh Zoning Ordinance requires pazking spaces be located out of the setback area. Matt Tucker introduced the item and circulated pictures of the proposed condo units, a copy of the initial plan as approved, and the final site plan submitted for building permit purposes. He added there are ' potential options; to have the developer re-record the subdivision and request an appeal to the 110' setback for an additional 10'. Discussion consisted of the fact that there would be one parking space in the garage and one parking space in the driveway for each unit. It was noted that the structures will not have substandazd setbacks and there would be a berm along the east side of the development, screening the condos from the highway. Garry Decker, 1113 Oregon Street, mentioned four hazdships; the railroad tracks on the west, Highway 45 on the east, the two acre wetland on the south, and the problem in the north west comer of the property due to a run way located within one mile of the property. He noted the greatest hardship is that the DOT(Department of Transportation) requires a 110' setback from HWY 45, therefore pushing the buildings to the west. He presented a diagram of elevations proposed for the buildings. Chairman Krueger asked about building marked 3396, if the deck would be located in the setback, and if there was a variance required for the setback. Mr. Tucker clarified that the map is an overall plan for the three buildings, and the substandard setback that was observed for the deck on the northernmost 4-unit will not be allowed in the setback. �°F��i°�'c� City of Oshkosh '1�� Dept.of Community Development /� � City Hall � 215 Church Ave.,PO Box 1130 Oshkosh,WI 54903 (920)236-5059 (920)236-5053 FAX BOARD OF APPEALS AGENDA NOVEMBER 28, 2001 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, NOVEMBER 28,2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF NOVEMBER 14,2001 MINUTES I. 2850 JACKSON DRIVE Nolte's Northside Service is requesting a variance to allow for a graveled parking lot area, whereas Section 30- 36(C)(3)(a)(1) of the City of Oshkosh Zoning Ordinance requires all driveways and parking areas shall be surfaced with asphalt or concrete,a dust free surface. II: LOT 1 "PATRIARCH'S SUBDIVISION" 3378/3380/3382/3384/3386/3388/3390/3392/3394/3396 ISAAC LANE Garry H. Decker, applicant and owner, is requesting a variance to allow the use of stacked parking, located within the 25' front yard setback, for a multi-family development,whereas Section 30-36(C)(3)(e)of the City of Oshkosh Zoning Ordinance requires parking spaces be located out of the setback area. III: 2337 S MAIN STREET Brian Finger, owner and applicant, is requesting a variance to construct a multi-family structure with a 10' rear yard setback and one parking space projecting into the 25' front yard setback, whereas Section 30-21(B)(5)(e) requires parking spaces be located out of the setback area. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920)236-5059, BETWEEN 8 AM—4:30 PM, MONDAY THRU FRIDAY. .� . . , STAFF REPORT BOARD OF APPEALS � NOVEMBER 28,2001 ITEM I: 2850 JACKSON DRIVE GENERAL DESCRIPTION AND BACKGROUND Nolte's Northside Service, represented by Keith Mustain, is requesting a variance to allow for a graveled parking lot area, whereas Section 30-36(C)(3)(a)(i) of the City of Oshkosh Zoning Ordinance requires all driveways and parking areas shall be surfaced with asphalt or concrete, a dust free surface. The property is zoned M-3, General Industrial District. Industrial and commercial uses characterize the general land use pattern of the area, with some properties being located in the City of Oshkosh and some in the Town of Oshkosh. The property is currently under construction, and will be the new location for Nolte's Northside Service. 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? Nolte's Northside Service, a towing and automobile service facility, requests the Board of Appeals to allow the proposed parking area be surfaced with gravel, instead of a dust free paving material, as the zoning code requires. The applicant has indicated a desire to not pave the area, since in the opinion of the applicant, a paved surface is not suitable for this type of use. The applicant indicates that the area will be used for practicing difficult towing maneuvers, specifically for"overturning and righting" of semi tractors and trailers, and for the parking of vehicles that may leak fluids. In considering the property, it is not unusual or unique, as it is of new construction on a previously vacant site. The proposed use is not different from many of the uses in the general area, which are required to pave parking areas. The general business activities and practices of the proposed use may create a hardship, but this hardship would be self- created. The applicant does not indicate the frequency of the "overturning and righting" practices, but perhaps this type of use is not suitable for this site. Additionally, since the fluids contained within motor vehicles (transmission fluid, gasoline, diesel fuel, anti- freeze) are considered hazardous materials, proper clean up and disposal of this material could more easily be accomplished on a dust-free surface. Proper cleanup of spills is a requirement of the DNR, and failure to do so could result in fines and environmental problems for the property owner. . STAFF REPORT -2- BOARD OF APPEALS - � ITEM I NOVEMBER 28,2001 It could be argued that the proposed use of a portion of the area, for practicing towing procedures, would warrant not paving a small portion of the lot, but not the entire parking area. The applicant has the ability of ineeting the ordinance requirements, and paving of the area would not result in an undue hardship for the applicant. The applicant will be required to notify the DNR when a spill occurs, and they should clean up those spills immediately. This request is based upon the applicant's request to not pave the area, rather than a hardship. In addition, allowing the parking area to be graveled would waive any future requirements for paving in this area, which could see a change of use at some time in the future. Additionally,the applicant will need to meet DNR requirements for the proper clean up of any hazardous material spills that may occur on the site, for which the DNR indicates paving is the most appropriate surface. Based on this information, staff recommends denial of the variance. Please Tvae or Print in BLACK I1�IK Return to: Department of • Community Development • � 215 Church Ave. P.O. Box 1130 Oshkosh,WI54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site plan (maximum size 11"x 1T'). (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: 2850 JACKSON DRIVE — OSHKOSH, WI 54901 Petitioner:NOLTE'S NORTHSIDE SERVICE (KEITH MUSTAIN) Home Phone: 722-6506 Petitioner's Address: 2705 HARRISON ST. Work Phone: 235-9340 Signature Required: � /� Date: �� °��O � � Owner(if not petitioner): Home Phone: Owner's Address: Work Phone: Signature Required: Date• 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.) l. Explain your proposed plans and why you are requesting a variance: NOLTE'S NORTHSIDE SERVICE WOULD LIKE TO LEAVE IT'S STORAGE LOT AS GRAVEL PAVED IN LEIU OF ASPHALT. AN ASPHALT PAVED LOT WOULD SIMPLY NOT WITHSTAND THE PRACTICE OF TURNING SEMI—TRAILERS. IT IS ALSO NOT PRACTICAL FOR THE STORAGE OF DAMAGED VEHICLES AWAITING REPAIR OR SALVAGE. 2. Describe how the varinace would not have an adverse effect on surrounding properties: MINIMAL DUST WOULD BE CREATED DUE TO VERY LOW TRAFFIC IN THE DESCRIBED AREA. IN ADAITION, THE s PROPERTY OWNER OWNS ENOUGA LAND AROUND THE LOT AND IT IS WELL BACK OFF THE STREET. THUS ANY MINIMAL DUST CREATED WILL DISIPATE PRIOR TO BECOMING A NUSANCE. THE OWNER IS ALSO WILLING TO USE DUST CONTROL MEASURES IF REQUIRED. (Continued on Reverse Side) (�mcao 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: THE TRAINING OF WRECKER DRIVERS ON RIGHTING OF OVERTURNED SEMI'S WOULD TEAR UP AND DESTROY BLACKTOP. ALSO, THE STORAGE OF DAMAGED CARS LEAKING VARIOUS FLUIDS WOULD ALSO MAKE ASPHALT IMPRACTICAL. WE FEEL THIS USE IS OUTSIDE OF THE INTENTIONS OF THE ORDINANCE. 4. Describe the hardsl�ip that would result if your variance were not granted: ANY ASPHALT INSTALLED IN THE STORAGE AREA WOULD BE SEVERLY DAMAGED OR DESTROYED IN A SHORT PERIOD OF TIME. IT WOULD ALSO MAKE DRIVER TRAINING DIFFICULT AND DANGEROUS. FOR OFFICE USE ONLY-ADJACENT PROPERTY OWN�RS WITH MAILING ADDRESSES � (REFER TO PREVIOUS HEARING AND REQUEST) 1� �� ...0 6� 3 i� .;��.r-�. ��. 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