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Home My WebLink AboutItem I STAFF REPORT BOARD OF APPEALS AUGUST 8TH,2018 ITEM I: 1755 W 7TH AVENUE GENERAL DESCRIPTION AND BACKGROUND River Valley One LLC/Excel Properties LLC-owner and John I. Davids-petitioner y requests the following variance to permit an altered pylon sign to exceed the 30' maximum pylon sign height standard; Description Code Reference Required Proposed Max Pylon Sign Height 30-312(C) 30' max 60' The subject .44 acre (approximately 19,207 square feet) property is zoned Suburban Mixed Use (SMU). The irregular-shaped corner lot is located southeast of the W. 711, Avenue and S. Koeller Street intersection. The property is developed with a 1,280 square feet single-story commercial building and associated off-street parking facilities. Vehicular access to the parcel occurs via a curb cut located on W. Th Avenue. Adjacent land uses to the subject parcel include commercial in all directions except the north, which is an institutional use. ANALYSIS In reviewing a variance request,the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The parcel obtained a building permit in 2002 to construct a 60' tall illuminated pylon sign for a commercial retail tenant located on the west side of the property fronting S. Koeller Street. The zoning ordinance by-right permitted signs up to 60' in maximum height in 2002 because the parcel was located in the Highway 41 Overlay Zoning District. The zoning ordinance standards and map changed Janizary 1, 2017 following multiple workshops, review and input by the Zoning Ordinance Re-write Steering Committee, Plan Commission and Common Council. The applicants are proposing to alter the existing 60' high nonconforming sign by removing the top cabinet and replacing it with a new cabinet for a proposed new business (see attached rendering). The location of the sign would not change and would continue to front S.Koeller Street(see attached site plan). The zoning ordinance states STAFF REPORT BOARD OF APPEALS ITEM I -2- AUGUST 8m, 2018 nonconforming signs proposed to be altered shall "trigger the need to bring the sign, and any of its parts, into compliance with the provisions of this Chapter." Consequently, current code standard permits pylon signs to be a maximum of 30' high in this district and location. A variance is requested to maintain the 60' overall height. While it is understandable the proposed business would want to retain the existing 60' high sign to capture visibility for clients and advertising purposes, there are no physical property hardships creating unnecessarily burdensome circumstances in this instance. Instead, the request is based on financial and franchisor circumstances. Likewise, the application references surrounding properties with other nonconforming signs subject to the same height performance standards. Neither of these stated hardships meet the board's guides and standards for approving a zoning variance. The zoning ordinance specifically addresses nonconforming sign height and how to address those requests to bring appropriate scale to signs and property as alterations are proposed. Additionally, the previous community standard of allowing 60' high signs was rejected when the current sign standards where adopted in 2017 to reflect the desired standard of 30'high pylons. Ignoring both of these facts would result in harm to the public interest if the variance request were to be granted. RECOMMENDATION Based on the information provided within this report, staff recommends denial of the variance as requested. V T � r / / r r "y , M b w. i i AWII y w View from subject parcel looking west Page 3 . �`' � '�J /i�i� f�uuuuuuuulllm Ili iuml . i��'llll ol��l r 011 I/Ar Yfil yy o a�j � iirr ,. ,.. ✓w, � 1/rill,,, r r t i , err ✓/:ri rw�l/✓✓%r��jr r � / ��7r 11�1.��>l%raP�R�� Iii �l`//�/O r71,'�1 111 )Y,,,hY44, i/�.. /��''/ SMO kr' ', fid% rrii %ra/ C r i ��i�✓fil�o��1� ri° ri � r Viers from subject parcel looking south Page 4 r IrY i c � View of subject parcel looking east Page 5 IIj fff ,f „> �rt View from subject parcel looking north Page 6 / 1 i 3 I , n. I n.« .. , -1 -,k View of existing sign looking southwest from W. 7th Avenue Page 7 Please Tiv, e csr,Print in Ri Ar.. ..... Retum to: Department of ^,A Community Development City OW 215 Church Ave. Oshkosh P.O.Box 1130 Oshkosh,WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete rqp joduciblepl tit* aa - - —-(maximum size 11" x 17"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets Wth distances to each.) Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE, The fee is payable to the City of Oshkosh and due at the time the application Is submitted. AV Address of Parcel Affected: /75 5-- 7' V e-I� 0<� X PVT 5-`1 Peilltloner:- �Wfl/V :]::E- r ---- --,---Home Phone:Y2L-2:Lv`Z-,�L'Z6 Petitioner's Address- / ,5;0 1*MqZ"1(641 t)P-- --_Work Phone:jl�o-�a(6-�6;224�,' Petitioner's Email:-j Signature Required: t( Date 47�1-1 Ul Owner(if not p t ner)�*. Home Phone: Owner's Address: '95o -Work Phone: Owner's Email: "r 00 00 en-l I elf)e-e <J c,-,,e-loprij,* 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.) I.- Explain your proposed plans and why you are requesting a variance-. �e- ell JUL 721,118 C0N161LJN1�Y, WV�TOPNHIVIT 1) Explain your proposed plans and why you are requesting a variance: John&Julie Davids are requesting a variance to allow the cabinet on the pylon sign located at the vacated AE Jewelers located at 1755 W. 7"Ave,Oshkosh Wi 54902 to be changed out without requiring the pylon to be cut down to 30'. John&Julie Davids are the owners and day to day operators of Grandpa Ray's Home Care Partners, LLC; doing business as Home Care Assistance—Fox Cities(HCA-FC). HCA-1"C is a franchisee of Home Care Assistance(HCA)-a franchisor of home care agencies. John &Julie Davids have been operating HCA-FC for approximately 2.5 years.Our growth has been significant;from a revenue perspective we are already ranked in the top 30%of all HCA franchisees.We provide non-medical supportive care for seniors and disabled adults In their homes by matching them with professional caregivers that are screened and trained to serve them by helping with activities of daily living such as: mobility/transfers,personal care/grooming,toileting/incontinence,bathing, housekeeping, meal preparation, medication reminders,errands,and social engagement. We also provide brain fitness activities to help seniors slow down the progression of dementia symptoms, We employ over 90 employees with a projected 2018 payroll of over$900,000. Due to rapid and anticipated future growth it is necessary for us to acquire more space to build out offices and a caregiver training facility that will accommodate the durable medical equipment commonly used to care for seniors and the disabled.Julie& I wish to invest in owning our office rather than spending money to improve a rented space. We currently operate HCA-FC from a rented space at 1092 S. Koeller St.,Oshkosh WI 54902.Julie& I wish to purchase the former AE Jewelers located at 1755 W.7'h Ave,Oshkosh Wl 54902. Purchasing and improving the vacated AE Jewelers location will double our office/training space and allow us to accommodate the current and future needs of our employees and the seniors that we serve. In order to attract walk-in traffic of both caregiver applicants and in-home care consumers,Home Care Assistance requires that franchisee's offices be located in high foot traffic/retall-oriented sites. Home Care Assistance has not previously approved any franchisee locations that are not located in a strip mall setting and bordered by retail businesses that serve a demographic conducive to generating walk-in prospects. Based on these requirements and precedents, Home Care Assistance summarily denied our request to move to the vacated AE Jewelers on the basis that as a standalone location it is not conducive to generating walk-in traffic from on foot passersby, Knowing that:the brand recognition that can be obtained from a highly visible pylon sign with significant exposure to a high traffic area will generate walk-in traffic and build the Home Care Assistance brand; Julie& I submitted an appeal to our franchisor detailing traffic counts and providing images of the current pylon sign from various vantage points around the surrounding area. Baled on the study that Julie &i provided, Home Care Assistance did finally approve a move to the vacated AE Jewelers with the condition that the current odd shaped diamond sign cabinet be replaced with a more aesthetically pleasing shape and a size appropriate to promote the"Home Care Assistance" brand. Based on current ordinance,replacing the diamond shaped sign cabinet requires that the sign be cut down to 30'.Cutting the pylon sign to 30'at the vacated AE property is not acceptable to our franchisor FJ r3 M I LI T age 2) Describe how the variance would not have an adverse effect on surrounding properties: The vacated Ai: property is essentially located on S. Koeller Street between Red Robin Restaurant and CVS Pharmacy near the 911 Avenue and South Koeller Street round-a-bout, The surrounding properties are all commerciaVretail businesses; no residential properties exist in the area. The pylon signs of surrounding businesses are of similar heights as the pylon sign at the vacated AE property.Cutting the pylori sign at the vacated Al` property to 30'would actually break up the uniformity of signage as it exists today, Below is an aerial view with the surrounding businesses illustrated to demonstrate the retail nature of the area. den YDUI, H UTfl o - WIN pqj STAIR ell I HO >. A, - ROSS T r� PcslCiy JOAN N NAPS H+°.flat 2 ldAP.OISat f - a - FR2tfkY y . SU MITT® 13Y APPLICANT age 3) Pescribe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: Given the landscaping planted and maintained by the City of Oshkosh in the center of the V,Avenue/S. Koeller Street round-a-bout,the sign on the vacated AE property would be rendered unviewable by northbound traffic on S. Koeiler if it were cut down to 30'.Visibility to 91h Avenue westbound traffic and southbound S. Koeiler Street traffic would also be severely hampered. d) Describe the hardship that would result if your variance were not granted: If changing out the current oddly shaped diamond sign cabinet with a more aesthetically pleasing shape requires the sign located at the vacated AE Jewelers to be cut down to 30'we will not be allowed by our franchisor to move to this location as visibility of the sign will be rendered unviewable or severely hampered, Full visibility to the maximum number of travelers in this highly commercial/retail area is critical for us to continue to aggressively grow the number of people that we provide care for and the number of caregivers that we employ.As stated earlier,we currently employ 90+ people and will generate over .$900,000 in payroll in 2018. in order to reach our 2019 goal of 1,350,000 of payroll it will require the space and visibility that the vacated AE property provides. The hardship for Oshkosh would be: The uniformity of the signage in the area will be lost The tax revenue that will be lost due to the property remaining unoccupied The uncertainty of who/what might someday occupy the vacated AE property and the potential for an unsavory message to be displayed at 60'from the current diamond shaped sign cabinet The lost jobs that could come from the growth of Home Care Assistance—Fox Cities age II 160" CABINET(2" RETAINER) 15" POLE DIAMETER LLJ f w rum r i Z o. m it _. LaT � t �''� ?7" rY,r°ys;r"�,Yf;�.t' "r%rr"y $ s P. s;.,�^•, r _ �, .: ,"",ve!`'c:*� c`d r s fiv , Ir EXISTING SIGN NTS t tYF i r ' 10 �s t i i ,fes Soo pgm 31, SA- { DOUBLE SIDED ILLUMINATED PYLON QTY: 1 REMOVE EXISTING SIGN CABINET/CUT THE POLE AND SADDLE MOUNT NEW ALUMINUM!CABINET(PAINTED RED)/FLEX FACE DECORATED WITH CUT VINYL GRAPHIC/WHITE LED ILLUMINATION TOTAL SIGN SQ.FT=100 NIGHT VIEW NTS SUBMITTED BY APPLICANT EA9TER.4 LL95C0ViL4 A � A � F • �• i •••� • / /Ct 420.73pdshaER1Y 147x9 1-1 o4 5S7z7 ADDRESS: OSHKOSH,WI CENTRAL Wf9COrM DATE: 3.23.18 DESIGNER: MARINA NIKOLOV T��as OFSGr u r:c CkEMo 6Y TiVS urw N4 N725512NT1 CT CCWXIC(W-K0 PART OF NS DOC RV.ENf)o"SE U5FO aR TRUSTED LOYAL.CRDTiYE.1 AT.. .raw ec ra-�ir ra,ec�?s4-e e;C ` raLwEGA.m 54m FILE NAME: 17-0235A,CDR SCALE: 1:0 RTVRGaraD n Ari Erfiu urntarr WWHTN pp,%S"FROM [e 42trE67-ATLC 600SIH3770 _ TN5=T44.CWF)M R:4 COLORS SWAN ON AVT YAY TLCS] REVISED BY: REV.DATE: MYMT0SWACE WTERaS MJ0 WCE Page 12 W J i I �i yes.. 4 ipl 4 I ,J ^� A F 1 t F �r n � r Oshkosh 7-17" 7Y APPLICANfi age 13 �y �� rte' '1�a>��.�) : r� ��},rf� - - ✓� 3 X '`'rr7 i✓� KJr f^ f / � f r '� ,f� r'r„s,�--'..g'S✓{ ylr�;�1 rr :✓� -«z� 'rte.✓ > r � '_=QC's n tri ROMPS _ 1 . t _ OA WAY`: ..... .. .._.. .._-...... -... -,- ... may. At 30' this sign would be rendered unviewable iew from 9th & Koeller - North Bound `i 1755 W 71H AVE 600 S KOELLEIZ STREET LLC CURISTIAN CONINTUNFFYCHILD CENTS✓Z INC BOA 601 OREGON ST B 3870 JACKSON ST 08-08-18 OSHKOSH WI 54902 OSHKOSH WI 54901 ROBERT A ILG III TRST/HOUSER FAM TRST RIVER VALLEY ONE LLC/ JOHN DAVIDS 3903 BELLAIRE BLVD EXCEL PROPER'T'IES LL 1560 ARBORETUM DR HOUSTON TX 77025 230 OHIO ST 200 OSHKOSH Wl 54901 OSHKOSH WI 54902 ANN M PROEHLKE 625 LILAC SI' OSHKOSH WI 54902 Page 15 J 0 O sas o' 132 8 Lj LA 1780 m i , 24.60' 149.04 1 135 T1 M 4 W 7TH-AU _.—a..e...W-aTH.Au— 1 25264 13200 5 s.T �s - 13247 J. >u � 13204 c7 X27$ 63.76' 16.6T' Te993' 1736 99-42' 159.16' UV_97r1i_AV- 1770 g H-AV 2494 3.1' 64- n 5 32,A3' iL El i i i i i 6b 50.4 4T AT' t7i_0' 67. 3 ,1y a4,m a KpELLER v ' 0 Tsss• 932 9 163.1' 24 120Y 14iR 0" � ��. s► �` r"� \ 1 in 0.02 mi 1in100ft _ City of Oshkosh maps and data are intended to be used for general identification purposes only.and C iiu the City of Oshkosh assumes no Eability for the accuracy of the infofmatlon. Those using the Printing Date;7/1912018 cat infomnation are respo nsiNe for verifying accuracy. For full disdamef pfease go to Oshkosh ICOs h vAwW.oshkosh.vri.us/GWsclaimef Prepared by: City of Oshkosh,WI J VJ J:IGISIPiann ngWlan Commissen S?e Plan b!ap Temp ate+.P9an Commsson Si e Pian 61ap Template nud User.k0eb Page 16 -- - SMU-PD SMU MRE20DR 5 -6 _ - ISR-3 _8R-9—i I - SR-5 MR,D� �t7�r[�A�si MR-20 'PD DR=6-PD DR-6-Q Q UMU M R- DR 6 MR, 2-PD I + _ �MR'12 �� NMU NMU-PDQ I +- UMU I-PD UI i I ! I ; UMU-PD DR-6 MR--I2 r ! I SMU-PD - DR-6 i II SR SMU MR-12 MR_32_� \ SR-5J fT TH AV NMU AESR S" SMU-PD. — _ I 1.1_ z I I I fi SR-3 �a SMU-P.D ID I I-PD — i —`� SMU 1.- ----- MR-12 MR-12-PD — SMU E A 07D DR=6 I-PD SR-5, SMU-PD MU ,. W_ . HI ! SR 1<;: SMU=PD I SMU) N .r .-�. � _ ' 1in=0.19 mi ,, �..- 1 In= 00 ft y Oly of Oshkosh maps and data are intended to be used for general identifKaton purposes only,and the City of Oshkosh assumes no kaWy for the accuracy of the information. Those using the f Printing late:711912018 Oshkosh krfarmation �e responsilJs forverifykry accuracy. For full disdamer please 90 to vnv.p.oshkosh.vri.uslGlSdsdaimer Prepared by, City of Oshkosh,WI TGU.HanringTlao Commission Site Plan ldap Temp!ali 7an Comm:ssbn Sive Flan 6!ap Tempta!e.mad User:kakb Page 17 I fp ars- F ` f , s �• r r, OR l , .,.b. f .............. 1 in 0,01 Mi �y;��....J✓ .moi- .. 1 g IIn-70ft ' `�;..1 City of Oshkosh maps and data are intended to be used for general idcntificcation purposes only,and if the City of Oshkosh assumes no Ratrfiity for the accuracy of the Wonnafion. Those using the Printing Date:711912D18 ` t information are responsia'.e for verifying accuracy. Fw full discWmer please go to tina,r.a.osf�kosh.tiri.ustclscrsdalm�r Prepared by:City of Oshkosh,WI Oshkosh JAGISTlanning}Pian Cow ss'on Site Flan Map Tempa Tlan Comm:ss!on Si:p Flan Map Ternoate.mxd User.kawb Page 18