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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 i J I l gAr $ i co f l ....... ......... .... 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