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HomeMy WebLinkAboutMinutesBoard of Appeals Minutes 1 January 11, 2017 BOARD OF APPEALS MINUTES January 11, 2017 PRESENT: Dan Carpenter, Robert Cornell, Robert Krasniewski, Dennis Penney, Tom Willadsen EXCUSED: Kathryn Larson STAFF: Todd Muehrer, Zoning Administrator; Katie Breselow, 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 November 9, 2016 were approved as presented. (Willadsen/Krasniewski; Penney abstained) Mr. Carpenter stated that for the record he used to work for the Oshkosh Public Schools at North High school as a teacher. He asked if there would be a conflict of interest to him voting on the item. Mr, Cornell responded that because it was so long ago it would not have any conflict on today’s item. ITEM I: 0 W. Linwood Avenue Oshkosh Area School District-owner/Rettler Corporation-petitioner requests the following variances to permit an outdoor track facility to be reconstructed in the minimum setbacks: Description Code Reference Required Proposed Front yard setback (north) 30-17(B)(3)(c) 25’ minimum 20’ Front yard setback (south) 30-17(B)(3)(c) 25’ minimum 5,8’ Trans. yard setback (west) 30-35(B)(1)(c) 25’ minimum 10’ Mr. Muehrer presented the item and distributed photos of the subject site. The subject 12.49 acre (approximately 544,064 square feet) property is a double-fronted irregular shaped lot and located on the north side of W. Linwood Avenue. It is zoned R-1 Single Family Residence District and is used for outdoor institutional and recreational purposes. The parcel is bordered by a single-family residential use to the west and south while institutional uses abut the parcel to the north and east. The petitioner is proposing to reconstruct the existing track facilities located on the west side of the parcel. Variances are required because the existing non-conforming setbacks are proposed to be retained as the facilities will be reconstructed in place. No expansion of the track facilities or use is proposed at this time. The subject property possesses hardship in its current configuration as the site is double-fronted with a transitional yard setback required along the entire western property line which further reduces the developable footprint. The site has been historically developed with substandard setbacks particularly along the south and west lot lines to maximize the activities and uses among the various youth sports groups utilizing the facilities. The Department of Public Works recommended a condition that drainage be collected and conveyed to the storm sewer system. Based on the hardship, staff recommended approval of the variance with the condition that storm water drainage be collected and conveyed to storm sewer system as approved by the Board of Appeals Minutes 2 January 11, 2017 Department of Public Works. Storm water is not allowed to surface flow onto adjacent properties or public right-of-way. John Kneer, 3317 Business Park Drive, Stevens Point, states that the company designed and bid on the running track reconstruction with current setbacks as needed. It will be the same exact footprint the only modifications would be made are to the internal track as the pitch is currently outward on the track and now needs to go inward. This is something the company plans to discuss with the Department of Public Works. The bleachers and facilities on the property will not be touched. Mr. Krasniewski addressed a question to Mr. Muehrer regarding if the Board was looking at this item from a new zoning ordinance or old zoning ordinance standpoint. Mr. Muehrer responded that the old ordinance is what was being considered due to the application submittal date. Mr. Krasniewski asked how the drainage today was. Mr. Kneer answered that it is currently outward. Mr. Krasniewski asked what issues there were today with that pitch going outward. Mr. Kneer answered that there is currently flooding on the south and west sides of the field. Mr. Krasniewski asked about drainage on the neighboring properties. Mr. Kneer stated that it was mentioned in the report that yes there were issues currently that would need to be addressed. Mr. Krasniewski asked on page 5 of the staff report what the heavy dotted line meant. Mr. Kneer responded that it was the project limit line that they have to work within. Mr. Krasniewski asked if that would change given the drainage situation. Mr. Kneer responded that it could potentially but there are financial limits that the school would need to address. Mr. Krasniewski asked if the fence was going to change around the track. Mr. Kneer answered that there are no current plans to change the fence. The only change would be that a temporary fence would be put up when the construction was taking place. David Krueger, 2130 Walnut Street. stated that there are pools of water in people’s backyards and wanted to know if that was going to be addressed. Mr. Muehrer responded that yes it was being addressed through the condition noted. Board of Appeals Minutes 3 January 11, 2017 Mr. Krueger asked if the fencing was going to change in some areas because it is still an issue with children going wherever they please at times. Mr. Muehrer stated that Mr. Kneer would need to address that question. Mr. Kneer responded that no the fencing was not subject to change. Mr. Penney motion to approve an outdoor track facility to be reconstructed in the minimum setbacks with the condition storm water drainage be collected and conveyed to storm sewer system as approved by the Department of Public Works. Storm water is not allowed to surface flow onto adjacent properties or public right-of-way. Seconded by Mr. Carpenter. Mr. Penney stated that there was no harm to the public, it would be much safer with a better track for the kids and he will likely vote yes. Mr. Krasniewski mentioned it was imperative to fix the water drainage as it cannot be allowed to flow into the neighbor’s yards and sidewalks, Mr. Carpenter stated that they are not expanding the fence, there will be a great improvement on the drainage area and making sure to enforce that condition will be important. Mr. Krasniewski asked if this item would be allowed with the new ordinance and how would the drainage issue be addressed. Mr. Muehrer responded that it possibly would be allowed without going to the Board of Appeals and that the drainage issue would be addressed during a Site Plan Review meeting. Approved 5-0. Findings of facts: No harm to the public. Unchanged footprint. With the condition it should be an improvement to the neighbors drainage. There being no further business, the meeting adjourned at 3:51 p.m. (Krasniewski/Penney). Respectfully submitted, Todd Muehrer Zoning Administrator