HomeMy WebLinkAboutItem I PLAN COMMISSION STAFF REPORT MAY 7,2019
ITEM I: COMMERCIAL DESIGN STANDARDS VARIANCE TO ALLOW AN
ADDITION NOT SUBSTANTIALLY SIMILAR TO THE ORIGINAL
BUILDING AT 2300 ALGOMA BOULEVARD
GENERAL INFORMATION
Applicant: New Pawsibilities Inc.
Property Owner: Redemann Self Storage LLC.
Action(s) Requested:
The applicant is requesting approval of a variance from the City's Design Standards to allow a
rear addition constructed of materials not substantially similar to the original building at 2300
Algoma Boulevard.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Re lu ation
Section 30-240(B)(2)(a) All additions shall match or be substantially similar to the design
and materials of the existing building.
Property Location and Background:
The subject property is a commercial lot located at 2300 Algoma Boulevard and is
approximately 32,512 square feet (.7464 acres) in area. The property contains a 5,130 sq. ft. 1
story structure built in 1920 according to the Assessor website. The property is currently owned
by Redemann Self Storage, LLC, and leased by New Pawsibilities Inc. The property to the south
is a 3-unit multi-family property. The property to the north is a vacant lot,the cemetery lies to
the west across Algoma Blvd., and the property to the east is a commercial property owned by
Litjens Construction. Algoma Boulevard runs adjacent to the property along its west side and
Winchester Avenue runs along the south side of the property. The subject property and
immediate surrounding properties on the north, south, and east are zoned Urban Mixed Use
(UMU). The cemetery to the west is zoned Institutional (I).
On February 121h, 2018, Planning Services staff sent a correction notice for a fence in front of the
building and the overhang structure in question in the rear of the property. The City did not
have permits on file for the construction of either the fence or the overhang. The notice
instructed the property owner to remove these structures by March 12th, 2018. Planning
Services staff re-inspected the site on March 13ffi, 2018 and the violations continued to exist so a
follow-up notice was sent on March 131h,2018 with a compliance date of March 31,1, 2018.
Additional correspondence occurred between Planning staff and the petitioner throughout 2018
and early 2019. In early 2019, the petitioner filed an application for a design standards variance
for the roof overhang on the structure.
ITEMI-2300 Algoma Boulevard-Design Standards Variance 1
Page 1
Staff discussed the completed work,reviewed the Design Standards, and the surrounding
context. After reviewing the completed work and Design Standards staff determined that Plan
Commission review and a design standards variance were necessary.
Subject Site
Existing Land Use Zoning
Commercial—New Pawsibilities Inc. —Dog Shelter SMU-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial-Vacant UMU
South Multi-family Residential UMU
East Commercial—Lit'ens Construction UMU
West Riverside Cemetery I
Comprehensive Plan Land Use Recommendation Land Use
Neighborhood
2040 Land Use Recommendation Commercial
VARIANCE CRITERIA
The City's Zoning Ordinance establishes design standards for new construction and additions
with the overall purpose/intent to:
"Regulate the design and materials used for the exterior of buildings and structures within the City so as
to maintain and enhance the attractiveness and values of property in the community."
The Ordinance stipulates that for changes to buildings constructed prior to the effective date of
the current zoning ordinance, "All additions shall match or be substantially similar to the design and
materials of the existing building."
The Plan Commission is authorized to grant variances from the strict application of the
standards when it is determined that one or more of the following apply:
1. The variance will not be contrary to the public interest.
2. Substantial justice will be done by granting the variance.
3. The variance is needed so that the spirit of the ordinance is observed.
4. Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
5. The variance will not allow an alteration of a historic structure, including its
use,which would preclude its continued designation as a historic structure.
ITEMI-2300 Algoma Boulevard-Design Standards Variance 2
Page 2
ANALYSIS
The existing site is owned by Redemann Self Storage LLC and contains an existing structure
that is leased for commercial use by New Pawsibilities, Inc. The 1920 structure is clad in stone
and features a number of window openings on the front and side facades. The window
openings include clear windows and glass block. The sloped overhang addition in question is
located on the rear facade on the east side of the structure. The site also contains a parking area
and a notable amount of green area.
The petitioners stated in their application reasons for having the roof overhang on the rear of
the building. The overhang allows the dogs to go outside into a sheltered area in inclement
weather. Much dog waste is contained under the overhang and disposed of from the area
underneath. This prevents the build-up of waste and potential for disease inside the shelter.
The applicant also stated that the aesthetics of the new overhang enhance the current building.
They stated that with the conclusion of winter, they were planning to add landscaping around it
to make it more attractive. The white corrugated steel roofing also matches the wall color so it
blends with the existing structure. The applicant stated that the 4x4 treated wood supporting
the structure can be painted any color. Chain link fencing with privacy slats surrounds the
structure.
Staff evaluated the completed work previously described and the impact on the design of
building in regard to the purpose and intent of the design standards. The standards relate to
preserving the building's architectural integrity and the potential impact on adjacent properties,
and "curb appeal" of the block. In working with the applicant, staff considered:
• Nature and location of the work completed already without permits
• Location of the site and character of the surrounding properties
• Intent of the Design Standards
• Vacated former right-of-way where the overhang structure is located.
Staff evaluated the petitioner's application and site plan and discussed the proposal and
variance internally. Staff is of the opinion that the overhang structure does not significantly
detract from the current building. The addition consists of a wood and metal roof overhang
supported by treated wood 4"x4" support members. The roof consists of white painted
corrugated metal. Currently the supports of the structure are treated lumber but not painted,
stained or sheathed. The supports run down to 12"x7" concrete bases that prevent the wood
from touching the ground. A chain link fence with privacy slats helps screen the structure.
The overhang is located on the rear of the existing building and approximately 110' from the
nearest street (Winchester Avenue). The existing building helps screen the overhang from view
along Algoma Boulevard and the distance and slatted chain link fence help screen the support
structure of the overhang from view along Winchester Avenue. The overhang is most visible
ITEMI-2300 Algoma Boulevard-Design Standards Variance 3
Page 3
from the commercial property to the east since it is located closest to that property
(approximately 40' off the lot line).
Staff's primary concern is ensuring that the structure meet applicable codes and that the
owner/applicant maintain this structure to prevent it from falling into a state of disrepair.
Therefore, staff would recommend requiring that the applicant take steps to ensure that the
structure is protected against the elements (primarily by sheathing the currently exposed fascia
in metal or some other water resistant material)by painting, staining or sheathing the wood
supports. This will have the effect of helping protect the structure against the elements while
enhancing its aesthetics. Staff believes additional landscaping planted adjacent to the slatted
chain-link privacy fence will also enhance the aesthetics of the property.
RECOMMENDATION
Staff recommends approval of a variance from the City's Design Standards to allow an addition
constructed of materials not substantially similar to the original building at 2300 Algoma
Boulevard with the following conditions and finding:
Condition:
1. Property Owner shall obtain an encroachment agreement with the City since the
overhang structure extends into the vacated former right-of-way.
2. Property Owner/Petitioner shall submit within 6 months of variance approval an
appropriate landscaping plan to the Department of Community Development for staff
review and approval to screen the chain link fence surrounding the overhang.
3. Petitioner shall submit to the Department of Community Development for staff review
within 6 months of variance approval acceptable labeled elevations or detail drawings
showing a finished condition for the current wood fascia. This proposal shall involve
sheathing the wood fascia of the overhang in a water resistant material and manner.
Simply staining or painting this fascia will not suffice.
4. Petitioner shall submit building plans to the Inspection Services Division for review and
approval within 6 months of variance approval.
5. Petitioner/Owner shall stain or paint the exterior wood supports of the overhang and
ensure that the overhang structure is maintained.
6. Any additional work involving the exterior of the property and deviating from the
zoning ordinance shall be filed as a separate request(s) for review by the Department of
Community Development and the Plan Commission before work is undertaken.
Finding:
1. The variance will not be contrary to the public interest.
ITEMI-2300 Algoma Boulevard-Design Standards Variance 4
Page 4
Please Type or Print in BLACK INKPANI
Cla're
CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMATION
Petitioner- LJ 10A W_C %6`-J x k-i e r t r Date; j' J
Petitioner's Address: L-D City: .Ps 1� State!-a z Zip;, 5�11 5o
Telephone#: (j Z4 .'657 `a! ,Fax: ( } _ Other Contact#or Email:
7
Status of Petitioner(Please Check): Owner Representative(--Ten Prospective,Buyer
Petitioner's Signature(required): — -__ _ Date:__ W
PROPERTY OWNER INFORMATION
Owner(s): 0 tV +VL `�,� t '
Owner(s)Address: iUC City: State: W L Zip:
;elephone#; (4 ) 3'I 4 '-f+}0 Fax: Co Other Contact#or Email:
OL
Ownership Status (Please Check): X individual Trust Partnership Corporation
Property Owner Consent;(required)
By signature hereon,I/We acknowledge that City officials and/or employees may,in the performance of their
functions,enter upon the property to inspect or gather other information necessary to process this application. I also
understand that all meeting dates are tentative and may be postponed by the Planning Services Division for
Incomplete submissions or other administrative reasons,
Property Owners Signature: . 1t v,h Date:
SITE INFORMATION
Address/Location of Proposed Project:
2- A15
Proposed Project Description: ___
Current Use of Property:-, t,-e sc_—e Zoning:
in order to be granted a variance,each applicant must be able to prove,in the judgment of the Oshkosh Plan
Commission,that at least one of the following criteria applies:
1) The intent of the standards have been incorrectly interpreted
?) The standards do not apply to the project
3) The enforcement of the standards cause unnecessary hardship
Page 5
1. We require a roof overhang on the back of our building for a number of
reasons. We believe that dogs should have the independent ability to go
outside as needed through the installed doggy door to take care of their
bathroom needs. A roof allows the dogs to do that regardless of inclement
weather as many dogs will simply not go outside in the rain or snow. This
not only keeps our indoor facility clean but allows for easy outside clean up
thereby helping to dramatically reduce the spread of disease through dog
feces and urine. Our goal is to ensure that dog waste does not get washed
away into other pens and beyond. Containing the majority of dog waste
outside under the roof allows for easy pickup of frozen material. Consistent
removal throughout winter will prevent snow from holding onto bacteria and
disease that can spread from animal to animal.
2. This current overhang is well constructed and enhances the current building.
When winter ends we will add landscaping around it to make the entire area
more attractive and in keeping with the neighborhood. We believe enhancing
this area will help control noise and smell from the area and will be an
overall benefit to our dogs, staff, and the entire neighborhood.
3. The white corrugated steel roofing matches the wall color so it looks more
organic to the existing structure. We have used 4x4 treated wood for the
structure and roof supports which can be painted any color. The natural
color looks clean and will go well with the enhanced landscaping. 12"x7"
concrete support bases, which are hidden from view, hold the treated support
beams and prevents them from touching the ground. The entire overhang is
surrounded by chain link fencing with privacy slants inserted to keep things
looking neat and appealing.
Page 6
4. NA
5. While using the exact materials when adding on is often the way to go, in
this case it's neither realistic nor cost efficient. The building is concrete and
block and an overhang would appear bulky and less attractive than our
proposed alternative. We have made the project look appealing and it blends
in well. For this reason, we would like a waiver on the design standards on
this project.
6. NEW PAWSibilities is a non-profit organization with limited financial
resources. Losing the overhang would require us to hire additional staff to
keep the inside kennels clean. Many of our dogs come to us with existing
bacterial diseases that can be passed on by other dogs interacting in some
way with the infected feces. If the dogs are forced to use the inside kennels
as their bathroom area the spread of these diseases would risk the health of
hundreds of otherwise healthy dogs. Because of this we would need to
greatly reduce the number of dogs we are able to help. Even though we are
small business we are on track to save the lives of close to 1,000 dogs this
year.alone. Eliminating the overhang would result in fewer dogs rescued, be
a huge loss for the business, and would impact our bottom line immensely.
We are a non-profit facility with limited funds and resources and having to
remove this would not only be costly but also hurt the morale of our
volunteers and staff. Saving the lives of dogs and keeping them safe and
healthy while they are in our care is all that we do. This overhang is pivotal
to our continued success and growth.
Page 7
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DSV CITY OF OSHKOSH LAKE VIEW EQUITY INVESTMENTS LLC
2300 ALGOMA BLVD PO BOX 1130 2436 ALGOMA BLVD
PC:05-07-19 OSHKOSH WI 54903 OSHKOSH WI 54901
LEE G/ROXANNE SCHULTZ REV TRUST NICOLET APARTMENTS III LLC TK COMMERCIAL INVESTMENTS LLC
5266 PRIMROSE LN 3389 COUNTY ROAD A 1934 ALGOMA BLVD
OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54901
TOWN OF OSHKOSH REDEMANN SELF STORAGE LLC NEW PAWSIBILITIES INC
1076 COZY LN 3677 HICKORY RIDGE RD 2300 ALGOMA BLVD
OSHKOSH WI 54901 OSHKOSH WI 54904 OSHKOSH WI 54901
Page 11
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