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Plan Commission Minutes 1 November 7, 2017
PLAN COMMISSION MINUTES
November 7, 2017
PRESENT: Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Kathleen Propp, John Kiefer,
Robert Vajgrt, Michael Ford
EXCUSED: David Borsuk, Steve Cummings
STAFF: Darryn Burich, Director of Planning Services; Brian Slusarek, Assistant Planner;
Jeffrey Nau, Associate Planner; Steven Wiley, Assistant Planner; Kelly Nieforth,
Economic Development Services Manager; Deborah Foland, Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of October 17, 2017 were approved as presented. (Vajgrt/Hinz)
I. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW FOR SIZE
REDUCTION OF A DOOR OPENING FOR INSTALLATION OF A WINDOW AT THE
RESIDENCE AT 905 WASHINGTON AVENUE
The applicant is requesting approval of a variance from the City’s Residential Design Standards to
allow for size reduction of a door opening for installation of a window at the residence at 905
Washington Avenue.
Mr. Wiley presented the item and reviewed photos of the front elevation of the home depicting the
door which is proposed to be replaced with a window. He reviewed the site and surrounding area
and discussed the reason for the request which was due to the applicant converting the house from
a two-family to a single-family structure and would no longer require a secondary entrance. He
reviewed the site plan and stated that if the variance was approved, the window trim will match
the rest of the home and the window would be consistent with the rest of the window openings on
the structure. He further stated that staff was supportive of the request as the variance would not
adversely affect the architectural design, the neighborhood character or curb appearance of the
block.
Mr. Thoms questioned if the window would be installed in the same plane as the existing
windows on the front façade.
Mr. Wiley responded affirmatively.
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Plan Commission Minutes 2 November 7, 2017
Mr. Thoms then questioned if the window trim would be installed at the same time as the window
installation.
David Studzinski, 905 Washington Avenue, stated that the trim will be done immediately and
painted to match the rest of the home in conjunction with the window installation.
Mr. Bowen arrived at 4:05 pm.
Motion by Vajgrt to approve a residential design standards variance to allow size reduction of a door
opening for installation of a window at 905 Washington Avenue with the following condition:
1. Window trim to match the color and appearance of existing windows on the home.
And the following finding:
1. The variance will not be contrary to the public interest because the size reduction of the opening will
not adversely affect the structure’s architectural design, the neighborhood character, or curb
appearance of the block.
Seconded by Ford. Motion carried 8-0.
II. RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST FOR THE
MODIFICATION OF ONE WINDOW ON THE SOUTH (SIDE) ELEVATION OF A
HOUSE LOCATED AT 903 W. SOUTH PARK AVENUE
The applicant is requesting approval of a variance from the City’s Residential Design Standards to
permit the reduction of one window on the south (side) elevation of a single family home located
at 903 W. South Park Avenue.
Mr. Nau presented the item and explained that the homeowner had replaced the window without
a building permit and requested the variance after receiving a code violation. He discussed the
history of the home and reviewed the site and surrounding area and reviewed photos of the
window replacement. He discussed the change in size and reason for the reduction and the impact
on the design of the home which will be consistent with other homes on the block if the variance
request is approved. He reviewed photos showing the lack of visibility from the street of the
window replaced and explained that the smaller sized window was more compatible with other
existing windows on the home. He also reviewed the finding and condition recommended for this
request.
Mr. Thoms inquired if there was a reason that the property owner did not obtain the necessary
building permit prior to completing the work.
Mr. Nau responded that he was unaware that a permit was required.
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Plan Commission Minutes 3 November 7, 2017
Mr. Thoms then questioned why the condition allowed for a 12 month period to complete the
siding work necessary as he felt that this was too long of a period and questioned what the reason
was for allowing that length of time.
Mr. Nau responded that the 12 month period was the standard time frame allowed on past
variance requests.
Mr. Thoms discussed the time period allowed once a building permit is obtained and felt that the
time allowed to replace the siding around the window should be reduced and should start in
August when the code violation was sent out.
Andrew Krenzke, 903 W. South Park Avenue, stated that he would obtain the building permit
tomorrow and had no issues with getting the siding work completed in a shorter time span than 12
months.
Mr. Thoms stated that he wanted the condition amended to allow three months for completion of
the siding work rather than 12 months as stated in the staff report.
Motion by Thoms to approve a residential design standards variance for the modification of one
window on the south (side) elevation at 903 W. South Park Avenue with the following revised
condition:
1. Appropriate building permit(s) be obtained from the Inspection Services Division and siding
work be completed within three months of this approval.
And the following finding:
1. The standards do not apply to this particular project because the reduced window size will not
adversely affect the structure’s architectural design. the neighborhood character. or curb
appearance of the block.
Seconded by Vajgrt. Motion carried 8-0.
III. SPECIFIC IMPLEMENTATION PLAN REQUEST FOR A DOG DAYCARE AND
OVERNIGHT BOARDING AT 3792 JACKSON STREET
The applicant requests approval of a Specific Implementation Plan for a dog daycare and boarding
use at 3792 Jackson Street.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. He reviewed the site plan and discussed the parking,
access points and proposed signage for the site and reviewed renderings of the signage. He
discussed the landscaping plans which will require additional plantings along the street frontage
and parking area to meet code requirements which will be addressed during the site plan review
process. Storm water management plans will need to be approved by the Department of Public
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Plan Commission Minutes 4 November 7, 2017
Works which will also be part of the site plan review process. He reviewed building elevations as
the existing structure will be renovated and discussed the location of the dumpster enclosure and
the materials that will be utilized for its construction. He also reviewed the conditions
recommended for this request.
There was no discussion on this item.
Motion by Vajgrt to approve a specific implementation plan for a dog daycare and overnight
boarding for property located at 3792 Jackson Street with the following conditions:
1. Base standard modification to permit a refuse enclosure between the building and public street.
2. Additional landscaping be provided along the south and west sides of the refuse enclosure as
approved by the Department of Community Development.
Seconded by Hinz. Motion carried 8-0.
IV. ZONE CHANGE FROM I INSTITUTIONAL DISTRICT TO I-PD INSTITUTIONAL
DISTRICT WITH PLANNED DEVELOPMENT OVERLAY AND APPROVAL FOR A
GENERAL DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 425 LAKE SHORE
DRIVE
The applicant requests a zone change from the existing I Institutional District to I-PD Institutional
District with a Planned Development Overlay and approval for a General Development Plan for
425 Lake Shore Drive.
Mr. Burich presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. He explained that the zone change to a planned
development overlay was required to allow for base standard modifications necessary for this
development. He reviewed the history of the site and the site plan and discussed the proposed
renovations, use of the site for the water filtration plant, and the structures that will include a new
lift station and water reservoirs. He also reviewed the fencing and height of the structures which a
base standard modification would be required for the height and location of the accessory
structures however meeting the required setbacks on this property would not be possible due to
the fact that it has street frontage on all four sides of the site. A base standard modification is also
necessary for the fencing in the front yards as well as the inclusion of barbed wire fencing within
the primary building setbacks. The development will be required to come back through the
process for approval of the landscaping plan during the specific implementation plan approval
and the building elevations will be discussed at a workshop today following the meeting. He
reviewed renderings of the site and the fencing and the conditions recommended for this request.
Mr. Thoms questioned why the barbed wire was required on this project and why we are not
requiring slates in the fencing for screening purposes.
Steve Brand, Utility Manager, stated that there is no barbed wire proposed for the site and that the
fencing will not be slated due to security issues as the facility needs to able to be seen from the
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Plan Commission Minutes 5 November 7, 2017
outside. He further stated that a general landscaping plan for the site was provided with
landscaping on Washington Avenue with additional landscaping to be included with the specific
implementation plan. He also discussed the fencing which is proposed to be black coated fencing
with no slates for visibility purposes.
Linda Mohr, CH2M Hill Engineers, the petitioner for this request, stated that black coated chain
link fencing was installed on the site in 2008/2009 and they are only proposing to replace a portion
of fence east of the clear wells along the lake shore that is still the older fencing and that the
replacement of this section would allow it to match the existing fencing on the remainder of the
site.
Mr. Thoms commented that if no barbed wire was proposed to be used, condition #4 for the base
standard modification could be removed from this request.
Mr. Bowen questioned if a neighborhood meeting was held to discuss this proposal.
Mr. Burich responded affirmatively.
Ms. Mohr added that the city sent out letters to 75 neighboring property owners for a public
meeting held on October 16th where they had a Power Point presentation of an overview of the
project and discussed alternatives and impacts to the neighbors both during the construction phase
and the visual impacts of the renovated site. She stated that the structures for the water reservoirs
were necessary as they can no longer store water in tanks underground.
Mr. Bowen then questioned if the neighboring property owners had a positive reaction to this
development.
Ms. Mohr responded that the property owners understood the concept and that she would share
their comments regarding the appearance of the development and their responses at the workshop
for this project following the meeting.
Mr. Thoms stated that condition #3 should be modified to include that the 6’ fence will be coated
chain link and condition #4 should be removed as there would be no barb wire fencing on the site.
Motion by Thoms to approve a zone change from I-Institutional District to I-PD Institutional
District with Planned Development Overlay and a general development plan for property located at
425 Lake Shore Drive with the following revised conditions for the general development plan:
1. Base Standard Modification to allow the proposed reservoirs and high lift station to be located within
the required 60’ front yard setback for accessory structures to 10’. 19’. 17’ and 6’ respectively,
2. Base Standard Modification to allow the proposed reservoirs, high lift station and intermediate pump
station to exceed the maximum allowed height for accessory structures to total heights of 35,5’. 30’
and 31’ respectively,
3. Base Standard Modification to allow a 6’ coated chain link fence within the front yards.
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Plan Commission Minutes 6 November 7, 2017
Seconded by Vajgrt. Motion carried 8-0.
V. APPROVAL OF A GENERAL DEVELOPMENT AND SPECIFIC IMPLEMENTATION
PLAN AND PLANNED DEVELOPMENT AMENDMENT FOR OUTDOOR VEHICLE
STORAGE FOR PROPERTY LOCATED AT 3596 STEARNS DRIVE
The applicant requests approval of a General Development and Specific Implementation Plan and
Planned Development amendment for outdoor vehicle storage for property located at 3596 Stearns
Drive.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. He discussed the history of the site and the proposed
additional use which was consistent with the City’s Comprehensive Plan. He reviewed the site
plan which entails development of a gravel vehicle storage area for use by Oshkosh Defense for
final vehicle delivery operations. He discussed proposed fencing which does not meet code
requirements and will need to be modified during the site plan review process for compliance. He
also discussed the possible wetland delineation required from the Wisconsin Department of
Natural Resources (DNR) which is a condition for this request. He explained that a copy has since
been received from the DNR regarding the concurrence for the wetland delineation and the plans
may have to be changed or modified during the site plan review process due to their findings. He
discussed the lighting, parking, and access points which the lighting plans will need to be
modified for the height of the poles to meet code requirements. Signage plans have not yet been
submitted but will need to meet code requirements and be reviewed along with landscaping plans
which do not meet code standards and will need to be modified. Storm water management plans
are being reviewed by the Department of Public Works and he reviewed the conditions
recommended for this request and noted that condition #1 related to the wetland delineation
should be removed as it has already been satisfied.
Mr. Thoms questioned if a condition should be added that the landscaping plans would have to be
code compliant as they did not meet zoning ordinance standards at this time.
Mr. Nau responded negatively.
Mr. Thoms then discussed the fencing for the site and asked to confirm that the new zoning
ordinance allows barb wire as it is indicated that it would be utilized on the fencing and if it is
included in the 8’ height requirement.
Mr. Nau responded that the zoning ordinance allows for barb wire for this type of use and it does
not count toward the 8’ height requirement as the solid fence is required to be 8’ tall for screening
purposes.
Mr. Bowen questioned if the easement area extending through the site is the ANR pipeline as it is
restricted as to what can be done in those easement areas.
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Plan Commission Minutes 7 November 7, 2017
Mr. Nau responded that the easement was the ANR pipeline and that the petitioner would need to
obtain approval from ANR for the use on the site.
Howard Floeter, Fond du Lac, representing the owner/petitioner, stated that ANR has given full
compliance agreements to work in this area with limitations required for excavation purposes. He
further stated that ANR has copies of the site plans and have signed off on them. He has received
two letters from the DNR with one a concurrence and another non-concurrence letter for the
portion of the site that could not be verified at this time. He described that a portion of the site
needs to be better evaluated and 75% of the area has been cleared by the DNR at this point and the
development would need to happen in two phases. New storm water management and grading
plans will be submitted and phase two of the development would be done after receiving the
necessary DNR clearance for the one portion of the site that needed further review. He questioned
the condition related to the 8’ tall solid fence and if he would be given the opportunity to work
with staff to come up with alternatives to their original proposal which did not meet code
requirements.
Mr. Nau responded affirmatively.
Motion by Vajgrt to approve a general development and specific implementation plan and planned
development amendment for outdoor vehicle storage for property located at 3596 Stearns Drive with
the following revised conditions:
1) Approval of final storm water management plans by the Department of Public Works.
2) Fence will be increased to 8’ solid fence and be in compliance with City Standards for outdoor
storage.
3) Light pole will be reduced to 25’ and be in compliance with City standards,
4) A cross access easement being provided for the common lot line with property located at 1981 W.
Snell (Parcel ID: 91278800200)
5) Base Standard Modification to allow a 0’ setback along the north property line,
Seconded by Hinz. Motion carried 8-0.
VI. AMENDMENT TO THE SPECIFIC IMPLEMENTATION PLAN APPROVAL FOR A
MIXED-USE ARENA/EVENT COMPLEX AND RIGHT-OF-WAY DEDICATION FOR
PROPERTY LOCATED AT 1212 SOUTH MAIN STREET
The petitioner requests an amendment to the Specific Implementation Plan approval for a mixed-
use arena/event complex located at 1212 South Main Street and the City of Oshkosh
Redevelopment Authority is requesting a right-of-way dedication of a 20-foot by 661.72-foot strip
of land along S. Main Street to increase the right-of-way width of the 1200 block of S. Main Street.
Kelly Nieforth, Economic Development Services Manager, presented the item and stated that the
amendment was necessary for the additional signage proposed for the arena/event complex. She
discussed the history of the previous approvals and stated that this would be the third amendment
to the specific implementation plan. She discussed the new signage for the site and the right-of-
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Plan Commission Minutes 8 November 7, 2017
way dedication on Main Street in further detail and reviewed the site plan depicting the right-of-
way dedication area on S. Main Street which was to widen the sidewalk as the existing sidewalk
abuts the street with no terrace area which could be a safety issue for pedestrians. She discussed
the base standard modification for the wall signage and reviewed renderings of the building
depicting the areas for the additional signage. She further discussed the different signage being
added to the west façade requiring a base standard modification for the amount of square footage
allowed for wall signs. She also reviewed the monument sign proposed and discussed the
conditions recommended for this request to address safety issues for the electronic message center
(EMC) sign. She indicated that condition #5 and #6 related to this were both part of the zoning
code but were being added as a reminder and reviewed the conditions recommended for this
request.
Mr. Burich discussed the arena and its unique use and explained that the amount of signage
proposed for the site was not unusual for this type of facility.
Mr. Thoms discussed the dedication of the 20 feet of right-of-way along S. Main Street and
questioned if staff had given any thought to placing vehicle barriers by the walkway in front of the
court yard to protect people on the other side from potential attacks as have occurred in other
communities recently.
Ms. Nieforth responded that the city does not have bollards on the sidewalk however the Police
Department did recommend this feature for the sidewalk by the pedestrian plaza area.
Mr. Thoms commented that the city needs to be diligent and on the cautious side with large
gatherings of people and recent events should be considered. He felt that the city should work
with the developer on placing bollards for the protection of visitors to the complex.
Mr. Kiefer questioned if Mr. Thoms was suggesting that the bollards be placed just along S. Main
Street or if he was intending that they be extended through to W. 11th Avenue as well.
Mr. Thoms responded that he did not know what was necessary as far as placing it on the item as a
condition of approval or just working with the developer and Police Department later to discuss
the issue.
Ms. Nieforth commented that the question could be directed to the representative here from the
developer or it could be discussed at a later date when further planning is done for the area.
Ms. Propp questioned where the monument sign would be located.
Mr. Burich responded that it would be located at the corner of W. South Park Avenue and S. Main
Street and is depicted as sign #1 on the site plan.
Ms. Nieforth added that the sign placement meets code requirements for setbacks and staff will
work with the developer to ensure that it is placed in the correct location.
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Plan Commission Minutes 9 November 7, 2017
Wendy Hielsberg, representing Fox Valley Pro Basketball, discussed security issues for the arena
and the standards for the building approved by the NBA which are very intensive. She stated that
they have bollards on the front of the building extending into the parking lot and the perimeter
parking is also limited.
Mr. Thoms questioned if the bollards were outside the front gathering area before the sidewalk.
Ms. Hielsberg responded that they were in front of the arena to prevent vehicles from going
through that area and that the security measures for this facility were very extensive.
Motion by Vajgrt to approve an amendment to the specific implementation plan for a mixed-use
arena/event complex and right-of-way dedication for property located at 1212 South Main Street
with the following conditions:
1. Base Standard Modification to exceed the maximum allowed 200 sq. ft. of wall signage for the west
building façade allowed in the CMU District to 1580 sq. ft.
2. Base Standard Modification to exceed the maximum allowed 100 sq. ft. of free standing signage in
the CMU District to 308 sq. ft.
3. Base Standard Modification to exceed the maximum allowed 1 Electronic Message Board to 2
Electronic Message Boards.
4. Base Standard Modification to exceed the maximum allowed 50 sq. ft. for an Electronic Message
Board to 56 sq. ft.
5. On the freestanding monument sign; messages and non-text images shall not change appearance
more than once every 10 seconds, and transitions between messages shall be via instantaneous
change. No flashes, scrolls, moves, rotates, twinkles, blinks, flickers, varies in intensity of color, or
uses intermittent electrical pulsations are permitted.
6. The freestanding monument sign shall not be erected at any location where it may, by reason of its
position, shape, color or design, interfere with, obstruct the view of, or be confused with any
authorized traffic sign. signal or device. nor shall such sign make use of words such as “stop.”
“look.” “danger.” or any other word. phrase. symbol. or character in such a manner as to interfere
with, mislead or confuse users of streets or highways, as determined by the Transportation Director
and Community Development Staff.
Seconded by Hinz. Motion carried 8-0.
There being no further business, the meeting adjourned at approximately 5:00 pm. (Vajgrt/Hinz)
Respectfully submitted,
Darryn Burich
Director of Planning Services