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HomeMy WebLinkAboutItem ISTAFF REPORT BOARD OF APPEALS NOVEMBER 14TH, 2018 ITEM I: 3601 OREGON STREET & 0 W. 35TH AVENUE GENERAL DESCRIPTION AND BACKGROUND Fox Valley Technical College -petitioner, Winnebago County -owner requests the following variances to permit additional exterior lighting: Description Code Reference Maximum Proposed Intensity of Illumination 30-190(E)(3) < .50 fc @ P/L - >.50 fc @ P/L Max fixture mounting height 30-190(E)(4) 20' 33' The variance requests involve two properties that encompass Fox Valley Technical Colleges S.J. Spanbauer Aviation & Industrial Center with associated facilities at Wittman Regional Airport. The primary parcel located at 3601 Oregon Street is an irregular -shaped 10,43 acre (approximately 454,331 square feet) mid -block lot and zoned Institutional Planned Development Overlay (I PD-0). The original principal structure was built in 1991 and includes off-street parking facilities to the east and south along with hangar and tarmac improvements to the west behind the principal structure. The secondary parcel includes the adjoining runway/tarmac area as well as hangar and office space for operations associated with Wittman Regional Airport located at 0 W. 35th Avenue. This 25.56 acre parcel is also an irregular -shaped mid -block lot and is zoned Institutional (I). Adjacent land uses to the subject project area include infrastructure to the north; residential and agricultural to the east; industrial to the south; and infrastructure and industrial to the west. 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 applicants are proposing to install two new light poles on the existing tarmac west of the S.J. Spanbauer Aviation & Industrial Center building (see attached site plan). Variances are needed as the new fixtures will exceed the maximum fixture mounting height by 13' and the intensity of illumination will exceed the maximum of .50 footcandles allowed at the shared property line only. The lighting is needed for safety STAFF REPORT BOARD OF APPEALS ITEM I -2- NOVEMBER 14T', 2018 purposes and will illuminate the existing tarmac area for employees and students utilizing two year-round aeronautics and aviation programs at the center. No lighting currently exists in the area and creates dangerous visibility conditions for pilot and maintenance personnel in the vicinity. The western -most proposed light pole will be located on 0 W. 3511, Avenue and will create the higher than permitted illumination, light level due to the proximity of the lot line with adjacent 3601 Oregon Street. This location has been strategically selected to provide necessary illumination of the existing hangar and tarmac improvements. Moving its proposed placement further east is not a practical alternative as it would interfere with aircraft maneuvering on the tarmac and moving it further west would extinguish necessary light levels needed for personnel in the area. Regarding the request to exceed the maximum mounting fixture height, the 33' high poles have been proposed to achieve minimum lighting levels on the tarmac and- engine testing areas that will be utilized by the programs. The shared/cross access between parcels .and campus configuration are ruuque physical property circumstances and creating justifiable hardships in this instance. Likewise, the codified performance standards are generally intended for typical exterior lighting associated with commercial activities and off-street parking facilities for passenger vehicles. Requiring an aeronautics program utilizing aircraft and associated equipment to comply with the same set of standards would be unnecessarily burdensome in this case, There should be no impact on the surrounding neighborhood as the improvements are located behind the principal structure and both of the proposed new fixtures are 90- degree full cutoff/downward facing in orientation to mitigate effects on nearby parcels. Likewise, the proposed 33' overall pole height will match the existing poles in the parking lots located on the east and south sides of the facility, No harm to the public interest will occur as the project area is located adjacent to airport activities and needed to increase safety of the personnel utilizing the areas RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variances as requested. Red ",s" indicate the proposed pole locations Page3 Please Yy or„pr_int in BLACK INK Return to: Department of Community Development ``''i;f 215 Church Ave. Oshkosh P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please subrrrlf a complete reproducible site plan (maximum size 11" x 17"), (A complete site plan includes, but is not limited to, all structures, lot lines and streets with 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. Address of Parcel Affected: W 35th Avenue, Oshkosh, WI 54902 and 3604 q on St, Oshkosh, WI 54902 Petitioner: Fox Valley Technical College, George Hoppen Dome Phone: Petitioner's Address, 1825 N. Bluemound Dr, Appleton, WI 54912 Work Phone: 920-735-6675 Petliloner's EMcrll: Hnppen@,fvtc.edu Signature Required;r _ ��� - t� _ Date:w Owner (if not petlfloner):_ Wittman Re; ionat Aiqor{ , rn Schell Horne Phone, ____-------__-- Owner's Address: 625 W 20th Avenue, Oshkosh, WI 64902 Work Phone: 920-236-4932 Owner's Email: JSchell@cawlnnebago.vri.uS Signature Required: -i � _ '� Dote: lo� 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.) t. Explain your proposed plans and wily you are requesting a variance: See attached. Page4 1. Explain your proposed plans and why you are requesting a variance: Fox Valley Technical College (FVTC) has two programs at the S.J. Spanbauer Aviation and Industrial Center that utilize the tarmac west of the building. The Aeronautics Pilot and Aviation Maintenance programs operate year-round, up to approximately midnight. The tarmac does not currently have lighting. Our project is to add two (2) light poles to illuminate a majority of the tarmac. 1) Pilots returning from flight training when natural light is low or non-existent have difficulty seeing people and other airplanes on the tarmac. This is a safety issue for employees and students. 2) The Aviation Maintenance Program needs to test operate engines on the tarmac during daylight and evening hours. This is in the northeast area of the tarmac. Lighting is needed to provide safe visibility during these activities. We are seeking a variance to the following sections of the City of Oshkosh Zoning Ordinance. 3) Relief from Article VII, Section 30-190, Subsection (E)(3)(a), Intensity of Illumination. This requirement states illumination may not exceed 0.5 foot-candles at the property line. a. One of the poles we are installing will be installed across the property line on a parcel owned by Winnebago County. As shown on the included plans, the light fixture will provide approximately 4 — 5 foot-candles directly beneath the pole. b. Winnebago County has granted FVTC an easement to place this pole on their parcel. See Exhibit A. c. Wittman Regional Airport does not object to this project, as the Aviation Committee was required to approve the easement prior to its approval by Winnebago County. See Exhibit B for a letter of support from Wittman Regional Airport. 4) Relief from Article VII, Section 30-190, (E)(4)(d)(ii), Maximum Fixture Mounting height. This requirement states the maximum fixture height shall be 25'. a. To achieve the minimum amount of lighting in the middle of the tarmac by the west pole, the fixture mounting height must be 33'. b. To achieve the minimum amount of lighting in the engine testing area near the east pole, the fixture height must also be 33'. 2. Describe how the variance would not have an adverse effect on surrounding properties: Both light fixtures are full cut-off. The new fixtures are no higher than the poles in the S.J. Spanbauer Center parking lots. The properties immediately adjacent to the fixture installations are owned and operated by Winnebago County (airport taxi -way), Basler Turbo Conversions, LLC, and the FVTC FABTECH Education Center. FVTC leases the parcel containing the tarmac from Winnebago County. Winnebago County does not object to this installation. The lighting will not illuminate any portion of the Basler property. Pages In addition, the lighting will not be visible to the residential properties to the east of the S.J. Spanbauer Center. With regard to the residential neighborhood on Red Oak Court, the west pole is no less than 1,340 feet from the nearest parcel. Please see attached Exhibit C. Lastly, the west pole, for illuminating the majority of the tarmac, will be controlled by FVTC's Building Automation System. It will be programmed to turn on at dusk and turned off at midnight. It will be also be programmed to then turn on at 6 AM and turn off at dawn. The east pole, used to illuminate the engine test area, will be operated by a timed switch. The pole will be turned on only when needed for instruction, and will be on no more than 6 hours at any given time. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures. The west pole cannot be located on the FVTC-leased parcel as a result of FAA Design Standards. Any fixed or movable object shall be set back 39.5' off the taxiway centerline to allow for an aircraft's wingspan. The FVTC taxi -way centerline is approximately 30', from the FVTC- leased parcel line in the vicinity of the new pole. 4. Describe the hardship that would result if your variance were not granted. This variance is needed to avoid the following hardships: aj Accidental collision between moving propeller driven aircraft and FVTC employees and students. Any collision could result in serious injury or death. The fixture height of 33' far the west pole is required in order to provide a minimum level of illumination at the middle of the tarmac. This is in part a result of needing to place the pole on the adjacent Winnebago County parcel. b) Inability to deliver needed educational curriculum in a safe environment. Without lighting at the designed fixture height of 33', the engine test operating area cannot be used safely from mid -fall to mid -spring. Page6 �m ,No r,� d 4 s - r gS� Lii' a ax "_ 5� tl g3 ,jj�gg3 x leg �1 aii qq d `-��ag '- 3^g 1 1311J� a _� to ens # 3 z 8 = 1 � C7 d 1 , 1 ig' a3 1 a 3 a i s a€ _o, G, !R . ags o €g�; §� Pagel 0) Wqua "IN MIFPJMWAE 1 0110/77 Exhibit A EASEMENTAGREEMENT THIS AGREEMENT is made and entered into thisI W" day of 00c> �,' , 2018, by and between Fox Valley Technical College ("FVTC") and the County of Winnebago, Wisconsin ("County"). A. FVTC is presently the lessee of certain real estate situated in the City of Oshkosh, County of Winnebago, Wisconsin (said real estate being owned by, and leased by FVTC from, the County and located on the Wittman Regional Airport), the westerly boundary of which real estate is contiguous with the easterly boundary of certain real estate owned by the County. B. FVTC desires to install and maintain a light pole for its aviation program on the real estate owned by the County. FVTC desires to obtain an easement from the County and the County agrees to grant an easement to FVTC as set forth herein. The light pole contemplated by this Agreement will be constructed to a height of thirty-tluree feet above ground level. NOW, THEREFORE, the parties hereto hereby agree as follows: 1. The County hereby grants to FVTC an easement for ingress and egress over, under, and through the property legally described on Exhibit A attached hereto and shown on the drawing attached hereto as Exhibit B ("Easement Property") for the purpose of allowing FVTC to install, operate, repair and maintain a light pole to provide lighting to the tarmac located on said Easement Property. This easement will authorize vehicular traffic as necessary for such installation, operation, repair and maintenance. FVTC expressly agrees for itself, its successors and assigns, to prevent any use of the Easement Property which will interfere with or adversely affect the operation or maintenance of Wittman Regional Airport. 2. FVTC shall be responsible for the installation, operation, repair and rnainterrance of the light bole and all costs associated therewith. Any improvements on the Easement Property shall be constructed and maintained at no cost to the County or to the Federal Aviation Administration. Should the facilities constructed on said Easement Property require relocation or removal, the same shall again be done at no cost to the County or the Federal Aviation Administration. FVTC shall refill any trenches in which electrical lines are laid or settlement from said light pole installation, protect all existing airport facilities such as the adjacent storni sewer, and restore 1he surface of the property. if FVTC shall at any fixture time open said trenches for the purpose of repairing, renewing, or removing said facilities, it will, as soon as said work is done, restore the ground. All work performed by FVTC on said land will be performed in a proper workmanlike manner and, during the progress of such work, FVTC will properly safeguard all airport facilities and repair any damaged property at FVTC's sole cost. Page9 In the event the County should decide, in the future, to develop the property burdened by this easement into another use, the County may, in its discretion, give notice to FVTC requiring said light pole be removed and relocated. Should relocation of the Grantee's facilities be required, all costs incurred through the relocation of said light pole to avoid buildings, concrete structures or other objects, or to obtain proper depth of land cover over electrical cables shall be borne by FVTC. In such event, the County agrees it will grant an easement substantially similar in form to this easement, at no cost to FVTC, for the purpose of relocating FVTC's facilities to another location on the County's property mutually agreeable to the parties hereto. 4. This easement shall run with the land and shall bind FVTC, the County and their respective successors, assigns and legal representatives. 5. The consideration for granting this easement shall be $1.00 and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the County. FOX VALLEY TECHNICAL COLLEGE By. rJ Jill vl wen, Vice -President for Facilii0es and Operations STATE OF WISCONSIri } ) SS COUNTY OF OUTAGAAMIE } I, a Notary Public, within and for the State and County aforesaid, do hereby certify that .sill MeEwen, who is personally known to tne, executed and acknowledged this Easement Agreement as her free act and voluntary deed. f o i S &Ijaan M• t 4 n� 1 , Notary Public State of Wisconsin My commission expires 12 Ze- Zo 2-o .�' ON M. /y�• �AOTAFiY • Qi= rAl1� ., PagelO WiNNEBAGO COUNTY, WISCONSIN Mark L. Harris, County Executive By: Susan . Ertnier, County Clerk STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) I, a Notary Public, within and for the State and County aforesaid, do Hereby certify that Mark L. Harris, who is personally known to me, executed and acknowledged this Easement Agreement as his free act and voluntary deed. Notary Public State of Wisconsin My commission expires J? D D p7 D. STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) I, a Notary Public, within and for the State and County aforesaid, do hereby certify that Susan T. Ertmer, who is personally known to me, executed and acknowledged this Easement Agreement as her free act and voluntary deed. !� J , Notary Public co State of Wisnsin My commission expires 0 3 1")o1a'qa U This docurnent drafted by: Attorney James L. Rudd Remley & Sensenbrenncr, S.C. 219 E Wisconsin Ave Neenah WI 54956 State Bat• No. 1016410 Pagell EXHIBIT A EA SEMENT I)ES CRI1''f ION A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 2, T17N, R16E, City of Oshkosh, Winnebago County, Wisconsin. Commencing at the East Quarter Corner of Section 2, T17N, R1.6E; Thence S02°22' 1 TV coincident with the East line of the Southeast Quarter of said Section 2 a distance of 896.46 feet; Thence N87°37'48"W a distance of 781.12 feet to the point of beginning; Thence S02°30'59" W a distance of 20.00 feet; Thence NS7137'48"W a distance of 20.00 feet; Thence N02030'59"E a distance of 20.00 feet; Thence 887°37'48"E a distance of 20.00 feet; Said Parcel contains 0.01 acres (400 square feet) more or less Pagel2 ADDENDUM MAP DEING A PART OF THE NORTHEAST OUARTER OF THE SOUTHEAST OUARTER, SECTION 2. TIM R16E, CITY OF OSNKOSVI, WiNYE9AGO COUNTY, WISCONSU 5b 7.3 7'48" E 20.00' Nfi7°3T4$"W W rxti5��1iG SYOO N `N87°37,48^Ed �� -, -MSTlNO FYTC EAST 1/4 CORNER SEC 2. T17N. RISE a v ui on m APRON FOR a rVic N N N CFFr N IF A 4 `FF SOUTHEAST CORNER SEC 2, T17N, IMF. 20.Q0' LEASE SCALE, FEE-1- ° PROJECT 10, S33&7AIS WIT�i�M A N REGIONAL ORAW? BY! NEF '� v 1 I 1IV 1 P"l I V REGIONAL T� srsiEusAt r[ �•, AIRPORT , lFfiElOFf, k1 St4Lf DATE: 09/04/2018 rm��e; L5t9c isx asM f'VTC-S) SPANBAUER �IARMAC LIGHTING; .w s s 0 C x r E s fAY: 1§hI o!9 FD37 SiUl: I OF I Pagel3 MUIPIUMP Wittman Regional Airport Oshkosh October 25, 2018 Lucas Carrigg Facilities Project Coordinator Fox Valley Technical College RE: City of Oshkosh Variance Request Dear Mr. Carrigg, Jim Schell, G.M. Airport Director 525 W. 20th Avenue Oshkosh, Wisconsin 54902-6871 920-236-4930 a Fax 92.0-233-7522 The Wittman Regional Airport is supportive of the request being submitted to the City of Oshkosh for the lighting illumination variance as part of Fox Valley Technical College's exterior lighting upgrade project. Early in the planning phase, Fox Valley Technical College informed the Airport of their project to add tarmac lighting at their S.J. Spanbauer Center. As the planning proceeded, FVTC kept the airport in the loop on the project's progress and issues. The airport understands the need for the additional light pole at the west side of the tarmac, as well as the need for it to be located off the parcel they lease from Winnebago County. The Airport's Sponsor, Winnebago County approved the easement for the addition of that light pole as requested by FVTC, and has no issues with the light level output by the new fixture. We fully support this FVTC project. Please feel free to utilize this letter of support as an addendum to your variance application with the City of Oshkosh. Best Regards, Jim Schell, C.M. Airport Director Wittman Regional Airport Pagel4 BOA BASLER PROPERTIES LLC CITY OF OSHKOSH 3601 OREGON & 0 W 35 H 255 W 35TH AVE PO BOX 1130 11-14-18 OSHKOSH WI 54902 OSHKOSH WI 54903 DON EVANS INC FVTC FOUNDATION GENERAC POWER SYSTEMS INC 121 EVCO CIR 1825 N BLUEMOUND DR S45W29290 HIGHWAY 59 DEFOREST WI 53532 APPLETON WI 54914 WAUKESHA Wl 53189 MARVEL REAL ESTATE CO LLC WAYNE/KATHLEEN DANIELS WINNEBAGO COUNTY 3501 MARVEL DR 3778 RED OAK CT PO BOX 2808 OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54903 WINNEBAGO COUNTY ZELLNER, JAMES E KLEIN, JERRY R PO BOX 2764 3669 OREGON ST 3649 OREGON ST I OSHKOSH WI 54903 OSHKOSH WI 54902 OSHKOSH WI 54902 DANIELS, WAYNE E LLOYD, MARK A WITTMAN REGIONAL AIRPORT 3778 RED OAK CT 3773 RED OAK CT 525 W 20TH AVE OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH Wl 54902 TOWN OF NEKIMI TOWN OF BLACK WOLF 3790 PICKETT RD 380 E BLACK WOLF AVE OSHKOSH W154904 OSHKOSH Wl 54902 Pagel5 Pagel6 ]= 1710 �cEl C _010© H , c Q n HI City of Oshkosh malts atd data are intended to be used for general identikcation purposes onry, and the city of Oshkosh assumes no hablity for the accuracy of the information. Those using the information are responsiNe far verifying accuracy. For fuil disclaimer please go to w��vs.d.oshkosh.vri.uslGl Sd'�sdalmer MR-1 N 1 in=0.19mi 1 in =1,000 ft Printing date: 1012612018 Prepared by: City of Oshkosh, WI MR-1 M t� f Oshkosh .I.1r;ISIPIannlnalPian i:nmrnNglnn Silt Plan Alan Temnla!v.%RIn Commi,s�an Siva Plan Mao TnmNa'.a mid tkrr kat'oh Pagel? JAGISeanni4Plan Commiss'on Site F {an ;'.lap TemplateTlan Comrnhion Site Flan Map Temp?a:e.rmd User: k0eb Pagel8