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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES February 14,2018 PRESENT: Dan Carpenter, Robert Cornell, Kathryn Larson, Dennis Penney, Robert Krasniewski EXCUSED: None STAFF: Brian Slusarek, Assistant Planner;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 January 10, 2018 were approved as presented. (Larson/Carpenter) ITEM I: 2175 WEST 9TH AVENUE Shawn Goel - petitioner and owner requests the following variances to permit an off-street parking area within the front yard and side yard setbacks: Description Code Reference Minimum Proposed Front Setback 30-52(G) 25 feet 17.8 feet Side Setback 30-52(G) 10 feet 7 feet Mr. Slusarek presented the item and distributed photos of the subject site. He stateD the subject .69 acre (approximately 30,100 square feet) property is located west of S. Washburn St., on the 2100 block of W. 9th Ave. It is zoned Suburban Mixed Use District (SMU) and was previously used for a daycare. Redevelopment of the site has been proposed for a new gas station (American Petroleum) and associated parking area. The parcel is bordered by commercial uses to the east, west, and south and a multi-family use to the north (across W. 9th Ave.). The proposed redevelopment of the site includes a 4,581 sq. ft. commercial building with parking areas to the north and west along with a fuel station/canopy within the parking area to the north of the building. Variances are required for the parking lot as drive aisles protrude 7.2 feet into the front setback area and 3 feet into the side (east) setback area. Staff is supportive of the variances as the lot configuration seems to result in hardship pertaining to the site design for the proposed fuel station. Based on the truck turning template provided by the applicant, it would not be feasible to move the canopy further south as it would obstruct delivery truck turning movements. Based on the information provided staff recommends approval of the variances as requested. Travis Zimmerman, 1050 Broadway, Rhinestone. Mr. Zimmerman stated that semi delivery is what they are mainly concerned about. He passed a photo around (obtained for file) and explained the safety concerns. Ms. Larson asked if there was a three foot side yard setback. Mr. Zimmerman responded that there was a 2.2' and 3' setback. Board of Appeals Minutes 1 February 14,2018 Ms. Larson asked if the applicant owned other gas stations in the area. Sean Goel,2011, Avenue,Oshkosh answered he has three locations although he has never built a new store. Ms. Larson asked if all the stores had the same configuration. Mr. Goel answered that they did not, this one had very tight quarters. Ms. Larson asked if the applicant needed to downsize to meet setback requirements. Mr. Goel responded affirmatively. Mr. Krasniewski asked if there was a cross access agreement with the A&W restaurant on file. Mr. Slusarek answered that if there was not one they would need one. Mr. Goel stated that he had the lots surveyed and they are in the process of writing the easement. Mr. Krasniewski referenced page 9 and asked about the area that looked different thAn the street,was it a fuel tank. Mr. Zimmerman responded that it was a fuel tank in the photo. Mr. Krasniewski asked if there was any distance separating the islands from the A&W and the property. Mr. Slusarek answered that perimeter landscaping will be required. Mr. Krasniewski asked if there would be a setback of 10' then from the property line. Mr. Slusarek stated from the side yard there is a setback area. Mr. Krasniewski asked if that was there currently. Mr. Zimmerman responded that there is grass there currently. Mr. Cornell questioned if there would be signage for the business that could be seen from the street. Mr. Goel confirmed there would be a gas board. Mr. Slusarek stated that according to the application the applicant will meet signage requirements. Mr. Krasniewski asked Mr. Slusarek if there was a dimensional requirement on the proposed detention pond in the back, or if there was a depth minimum. Mr. Slusarek responded that Public Works would determine that information. The applicant is already at maximum impervious surface. Board of Appeals Minutes 2 February 14,2018 Mr. Krasniewski stated that he was wondering if the detention pond was made deeper if the applicant would be able to move their building. Mr. Slusarek stated that he was unsure as that was a Public Works question. Mr. Goel responded that he has been in contact with Mr. Ferris in Public Works about making the pond deeper and that Mr. Ferris stated that is not possible. Mr. Zimmerman also replied to the question and stated that the storage for the pond was under the top layer of soil. Mr. Krasniewski responded that it was not an open pond. Mr. Zimmerman stated that it is designed with stone underneath and green space in the middle of the pond. Mr. Krasniewski stated that it drains behind and that he is familiar with that type of pond and it requires a lot of work. Mr. Carpenter motioned to approve an off-street parking area within the front yard and side yard setbacks. Seconded by Mr. Penney. Mr. Penney stated that he thought it seemed like a small lot for a gas station. Mr. Carpenter stated that he would like to see good easy access for the semi-trucks given the traffic that is there. Mr. Krasniewski asked what it was before the daycare. Mr. Goel responded that it was a gas station. Mr. Cornell questioned if it was necessary to have a pond there. Mr. Slusarek answered that it would be a Public Works decision. Ms. Larson stated that the setbacks were very minimal and in keeping with the neighborhood. Mr. Krasniewski stated very similar to the A&W. Approved 5-0. Findings of facts: The detention basin along the south property line creates a physical limitation for development of this commercial property. Board of Appeals Minutes 3 February 14,2018 Setback infringements are further impacted by required turning radii and driveway width. The required canopy width and drive aisle also create a hardship for meeting side yard setbacks. The proposed development will improve the setbacks currently existing on the property. The proposed setbacks will be similar to other commercial properties in this immediate area and create no hardship. There being no further business, the meeting adjourned at 3:55 p.m. (Krasniewski/Carpenter). Respectfully submitted, Brian Slusarek Assistant Planner Board of Appeals Minutes 4 February 14,2018