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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES May 9,2018 PRESENT: Robert Cornell, Robert Krasniewski, Dennis Penney, Kathryn Larson, Wesley Kottke EXCUSED: Dan Carpenter, Autumn Linsmeier 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 April 11, 2018 were approved as presented. (Krasniewski/Cornell, abstained: Penny, Kottke) ITEM I: 830 S. WESTHAVEN DRIVE St. Raphael Archangel Congregation-owner/petitioner requests the following variance to permit a monument sign in the minimum front yard setback: Description Code Reference Minimum Proposed Front yard Setback 30-50(G) 30' minimum 20' Mr. Muehrer presented the item and distributed photos of the subject site. The subject 5.6 acre property is zoned Institutional District (I). The property is developed with a single-story church and associated off- street parking facilities to the south and west of the principal structure. Vehicular access to the parcel occurs via three curb cuts located on S. Westhaven Drive. Adjacent land uses to the subject parcel include single- family residential to the east and north while institutional uses are west and south. The parcel was rezoned in January 2017 as part of the comprehensive city zoning ordinance and map update. The new Institutional District standards require 5' of additional setback for front yard structure placement. While there appears to be room in the existing front yard setback to place a sign and meet current code, it would be strictly limited to a similar single-sided parallel arrangement and be unnecessarily burdensome in this instance. Reason being this placement arrangement does not maximize sign visibility for traffic utilizing S. Westhaven Drive and creates on-street hesitation for motorists attempting to identify the facility. The established development pattern and proximity to the existing parking lot are unique physical limitations of the property and create a degree of hardship. Overall, the proposed location is a safe and practical alternative that would cause no harm to the public interest as vision concerns would be eliminated and be consistent with other signage in the surrounding area from a placement and scale standpoint. Based on the information provided within this report, staff recommends approval of the variance to install a monument sign in the required front yard setback with the following conditions: the existing "St. Raphael the Archangel Catholic Church" ground mount identification sign is removed and a landscape plan be submitted and approved by the Department of Community Development showing low-level plantings to soften the brick base appearance. Gerald Stephens, 1272 Lake Breeze Road, stated that the church is in its third year of renovations and looking to put up a new sign. Due to the change in zoning to Institutional, they felt it would be a good time Board of Appeals Minutes 1 May 9,2018 to proceed with an EMC sign perpendicular to the road. They believed the sign being perpendicular would reduce the hazard of reading the sign while driving and would be better visible to the public. Peter Van Houwelingen, 151 Kuettel Court, Neenah, stated that the hardship the applicant encounters is the loss of parking along the road due to the new bike lanes and if they were to do the 30' setback and additional costs for snow removal. The sign would be consistent with the neighborhood and there are no residential properties surrounding the church until one would go further north. Mr. Penney responded that the Board of Appeals cannot take financial hardship into consideration. Mr. Krasniewski stated that even though someone else may have a sign in a location does not mean that they will be granted one as it was a condition for the property. Mr. Van Houwetingen stated he understood. Mr. Cornell asked if the sign was going to announce activities, who they are, and why the church was there, Mr. Stephens confirmed that it would and the message would change roughly every 10-15 seconds given the studies that the company did pertaining to traffic and visibility. He also used Oshkosh West High School's new sign as an example of what would be on display. Mr. Krasniewski asked Mr. Muehrer what the guidelines were for the sign changing messages. Mr. Muehrer answered that the ordinance states not less than 8-10 seconds can the sign change. Ms. Larson asked about flashing signs. Mr.Muehrer responded that flashing signs were not allowed. Mr. Stephens mentioned that the sign light color they choose would be an amber color which is the least intrusive according to their study done. Mr. Connell asked if there was light restrictions. Mr. Muehrer answered affirmatively that there are light sensitivity restrictions but due to being 20' away there are no concerns. Mr.Penney asked if this variance went before the Board of Appeals before and was denied. Mr. Muehrer confirmed a similar request came before the Board for a setback and EMC variance a few years before the Zoning Ordinance changed in 2017. EMC's were not allowed in residential areas previously. The setbacks were approved but not the EMC sign. The applicant let the variance expire instead of following through. Ms. Larson responded that she believed the last time the variance came through she denied it based on her belief that the church went all the way to 91h Ave referencing page 15 of the staff report photos. Board of Appeals Minutes 2 May 9,2018 Mr. Krasniewski asked the applicant what their thoughts about the staff recommendations in the staff report. Mr. Stephens responded that the EMC quote actually includes the removal of the old monument sign and that the landscaping will be changed in a way where more is added but not so much height so the new sign can be read.Also the large evergreen is a memorial tree that cannot be removed. Thomas Fable, 139 Factory Drive, Oshkosh stated that he was in favor of the variance. Mr. Penney motioned to approve a monument sign in the nrirrirnrrrrr front yard setback with the conditions the existing "St. Raphael the Archangel Catholic Clrurclr" ground mount identification sign is removed and a landscape plan be submitted and approved by the Department of Corrrrnunity Development showing low-level plantings to soften the brick base appearance. Seconded by Mr. Krasniewski. Mr. Krasniewski stated prior to this variance, the Board approved a sign closer to the road and that the EMC was the issue at that time. Ms. Larson responded that the circumstances and ordinance have now changed. Mr. Cornell asked if there was a six month expiration on variances to begin or they would no longer be in effect. Mr. Muehrer responded that when the Zoning Ordinance changed so did that stipulation, as there is no timeframe now and the variance stays with the property. Approved 5-0. Findings of facts: The current sign zeas Iegally placed waren the Church property was developed including parking spaces. Moving the sign back to meet the regulations unposed by zoning reassignment would create a hardship for this property. Additional on-street parking leas been eliminated on both adjacent streets. The sign will be in lure with other signs in the inunediate area. There being no further business, the meeting adjourned at 3:48 p.m. (Penney/Krasniewski). Respectfully submitted, Todd Muehrer Zoning Administrator Board of Appeals Minutes 3 May 9,20 18