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HomeMy WebLinkAboutItem I STAFF REPORT BOARD OF APPEALS JUNE 12TH,2019 ITEM I: 1490 CAPITAL DRIVE GENERAL DESCRIPTION AND BACKGROUND Realty Income Properties 6 LLC-owner, Eric Wagner-petitioner, requests the following variance to permit an accessory storage shed in the front(south) yard: Description Code Reference Required Proposed Accessory structure location 30-71(C)(2) Side or Rear yard Front The subject 1.082 acre (approximately 47,132 square feet) property is zoned Suburban Mixed Use (SMU) and originally developed in 2002. The irregular-shaped parcel is a triple-fronted, corner lot located on the southwest side of Venture Drive and the north side of Capital Drive. The property currently features a 3,531 square feet automatic car wash building, associated off-street parking and drive-thru facilities as well as a 10'x15' refuse enclosure area fronting Capital Drive. Vehicular access to the parcel occurs via a curb cut located on Capital Drive. Adjacent land uses to the subject parcel include commercial in all directions. 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 subject property was issued a correction notice by Inspection Services April 23, 2019 for commencing work on installing a shed without a valid building permit. The property manager responded by attempting to obtain the permit in May 2019 but was denied because the zoning ordinance does not by-right permit accessory structures in the front yard. The only by-right placement locations in the ordinance for accessory buildings are in the side or rear yard. The property owner is now applying for a variance to permit the shed in the front yard. The specific proposal is to construct a 10'x12' storage shed on the southwest side of the parcel (see attached site plan). The proposed gable shed will be 11'6" high from peak to grade; 10' from the existing drive thru car wash building; 5.5' from the existing refuse enclosure; and setback 40' from Capital Drive. The building will be used for grounds STAFF REPORT BOARD OF APPEALS ITEM I -2- JUNE 12TH,2019 keeping equipment, winter salt and miscellaneous small parts storage according to the submitted narrative. Board members are aware ignorance of the law and proceeding without a permit are not reasons to grant a variance. However, strict compliance with the side or rear yard placement requirement for the shed would be unnecessarily burdensome in this instance. Primarily because the irregular triple-fronted lot and existing site circulation of the drive thru facilities are limiting functional use of the side and rear yard of the property. These are unique physical property limitations and create justifiable hardship. Regarding alternative placement options the only areas on the site that would not require a variance for shed placement would potentially be west or northwest of the principal building. However, the west side of the building is limited in functional area and abuts a water retention facility with significant grade changes. Likewise, the northwest corner of the site is adjacent to the drive-thru entrance and could affect access and/or safety of maintenance staff and customers. While the proposed location does require a variance it appears to be the least visually impactful area on the site and the safest given the current development circumstances. First, existing landscaping buffers the public view of the project area from Capital Drive and the applicants have noted they plan to plant arborvitaes to further buffer the shed. Second, the proposed placement between the existing car wash building and the existing refuse enclosure ensure built improvements will not further encroach into the Capital Drive viewscape. Finally, by placing the shed at the exit of the drive thru facility maintenance personnel can prepare and plan on when to safely and practically access the shed by identifying when customers are present. Finally, there will be no harm to the public interest as safety and site aesthetics will be addressed with this plan. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance with the following condition: 1. A landscape plan illustrating arbor vitae placement be submitted by the applicant and approved by Planning Services. Attachment to BOA Packet 06/12/19 1490 Capital Drive a �y l � fflr✓Ivf✓4r x I y� II I �a View from subject parcel looking northwest along the north lot line Page 3 Attachment to BOA Packet 06/12/19 1490 Capital Drive r�"'lb'i irrp, i a KK u, i � y w r View from subject parcel looking southeast toward Venture Drive Page 4 Attachment to BOA Packet 06/12/19 1490 Capital Drive w F iris o w p J Y W � 1 View from subject parcel looking north Page 5 Attachment to BOA Packet 06/12/19 1490 Capital Drive I �i it i„I i f it 4� � I I � View of subject parcel looking southwest from interior of parking lot Page 6 Attachment to BOA Packet 06/12/19 90 Capital Drive � ?`{}... � , a \ \ v View from subject parcel looking south along the west lot line Page 7 Attachment to BOA Packet 06/12/19 1490 Capital Drive l y / p�l r ��"�M1�h ✓ y�r �lr� � i L o� I View from subject parcel looking south toward Capital Drive Page 8 Attachment to BOA Packet 06/12/19 1490 Capital drive ds 40, ;Wr i i µ.me ^� ,,,xi 1q➢ '� N �rr �I j/ u View from subject parcel looking northeast from behind existing refuse enclosure Page 9 Attachment to BOA Packet 06/12/19 1490 Capital Drive sr / iii r I i A � 1 KY a ti. o-� ro � rr 1 ti w i �✓„'i..,,>,� r,,i �%�i</ � !l��J,�,.nu,,, l ,f � � / J 1 to � i �� "� % �� � �f/, i .. 1,� ✓, , ...a ,� ,,... 1... ? i »1....,F �, /.., � , /.i i,/. � �, ii , / f/, �„ /m, i,�l i zic „' ;G,., ,,.. i ii i/ wr.�,r, ,/vn,„,,�n � �,//i ;,,i � i r/� �i��l i �I ✓f�f i / / iGii i Alternate view from subject parcel looking northeast from Capital Drive Page 10 Attachment to BOA Packet 06/12/19 1490 Capital Drive v �. u _ �r /a r �`n I i I w I �w I e, ,N i I � ti d s marl ,,y/g r r 1>�/.„!�� � ��. ,�:, d"� / %>d �v, ;. i , r/,r✓f ,r,r l � % � � �r,'' / �rly�/��r�,,,, ,rl, �o/;i�' ®r✓ o/r,,ii ��i r / rr �, �I /, ,,,1) I/l ,yr,;/ � ///I �r r, .� ,r i„ � D �:, „ r...,.r, /r. /rr/ �.... /„/ /./a./,/rLf /.. l // �.r i rrl�l � / .-„mi,•, /rr, l; /,. di ,,,n!,. � / ,I ri.. �N,.,, ,.ii,,,,� z„, /iA r/� �.....�,.,,a,,,,,,, , .��,I��v,.,rr,:// a�u/i,/�,.,,. r ,,,,%,:.:., ,,,,,,,,,,<./, a,,,,{Ir,:/,,./, //,_.u,�.. ,/ r,rc;,:�,f,'�x,ha;,//��,,,/,�iU�;.,�rli/I,ar� l„tier/,,,,��vrG���U'YU$sGXUI�'�N1)N�'�✓�f�l'�Y,rr���� View from subject parcel looking north from Capital Drive Page 11 Attachment to BOA Packet 06/12/19 1490 Capital Drive �w li/ii�or��rr 9 riiu^a� u�Ur� � i ao A O mw oe 61 i� j View from subject parcel looking northwest from Capital Drive Page 12 Attachment to BOA Packet 06/12/19 1490 Capital Drive J" f View from subject parcel looking northeast from Capital Drive Page 13 Please Type or Print in BLACK INK Return to: Department of ty OA% Community Development ci Or 215 Church Ave. Oshkosh P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE - Please submit a complete reproducible site plan (maximum size I" 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: J q &.0`, T-4 / 6 1Jr ©sk v=o 3�-i 1,J.r 57` 90 L Petitioner: e iLtc__ pit 46 �6,,L Alrn- AA4 661t, Home Phone: --(/65-r Petitioner's Address: M c9 4!oo:> (Work Phone: ! �� 3 a Petitioner's Email: i� ii �.- . c� e e" Required: —� Date: Z3hel— Signature Owner(if not petitioner): d/-WASH ram.--r-U6/z %W11ir '�Mome Phone: ��C> - Cni,S--Yck�,6 Owner's Address: ZZL L.�T�l// 5�7- /nor m� �Z f5�')Work Phone: Owner's Email: Signature Req In order to be grante 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.) 1. Explain your proposed plans and why you are requesting a variance: A-(-f ! Uo� a, � •'����L 5;��/ � /o 2 5-ro(L_n r r ►4 c 'D-fe FX r 3— C- UP C l/�., (,Jn 3 NL,A/L 7t& D ii iv c�o���2 C- T'i-t IS )14 E n c..,); t( USJ 6, 67i3 o.js Y�t r-PriuG L) t P N�-n�- cols 1� u.� 5gr-c -rti S4 ( �- � � May SToa-C 5 C`' �s�ILTS c%CC . �ll�' S; LJTt �.. ©� 1I ep 'TQ_ :K7.A l� to«��'. `Y�n�- �-t4N /J ��.i'+�L% / c�5-e l. Page 14 2. Describe5how the variance would not have an adverse effect on s/urrounding properties: %T /L 1 L, �P 1 i, A-rJ A I 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: C�n ti IJ �/�s (r- `!�� 7'� �.,`S�� � y/►�� $%Y� r�,� T"�_ t d��i.-•��c a .-� u f'' 37Ny N [X i .1 Q t.J L ' 6 .3 A i n .� W��.j l�vi� pt.7 U�v�v 1�o<^<�e.7 V J 1 4. Describe the hardship that would result if your variance were not granted: pAAxof o r 1 VA 1a -, i�v2 C: i5 lYlt Page 15 86.26' C, . 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For Oshkosh full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J:\GIS\GIS_Base_Maps\Planning Base Map-For Windows 10,nnxd SUBMITTED BYAPPLICANT User:katieb Page 16 r .�,. ��� .��".;✓ram,, ��"'��y,-�.�� �`.�,�,""' ,s��,w� � ( h � a ,f. r k 1 y.. a _ s a � 7 r MR 1 in = 0.01 mi 1 in 50 ft _ City of Oshkosh maps and data are intended to be used for general identification Ci,y purposes only,and the City of Oshkosh assumes no liability for the accuracy of the Printing Date: 5/13/2019 4f information.Those using the information are responsible for verifying accuracy.F g or Oshkosh full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,VM S"USMITTEE) BY J:1GIS\GIS_Base_Maps\Planning Base Map-For Windows 1O.mxd User:katieb Page 17 A" 0 r9 1 p 10x12 _pq f, Shed A jN Your Next DIT project jE s wvwwv.Construct101.com h d Plans 1 Ox 12 GableShed -- Overview le M w ., . .. a w... ,j1L �-L- 6""U jj�, YOLK SUBMI"rFED BY APPLICANT Page 18 1490 CAPITAL DR DUNDER MIFFLIN HOLDINGS LLC MO OSHKOSH EAST LLC BOA 1488 W SOUTH PARK AVE 8044 MONTGOMERY RD 370 06-12-19 OSHKOSH WI 54902 CINCINNATI OH 45236 COMMUNITY FIRST CREDIT UNION CKML LLC ROBERT J/MARY M SCHEDGICK PO BOX 1487 17 N PIONEER RD 1730 BRENTWOOD DR APPLETON WI 54912 FOND DU LAC WI 54935 OSHKOSH WI 54904 REALTY INCOME PROPERTIES 6 LLC U S POSTAL SERVICE LABOR OF LOVE INC PO BOX 4900 DEPT 420 1025 W 20TH AVE 1484 W SOUTH PARK AVE SCOTTSDALE AZ 85261 OSHKOSH WI 54902 OSHKOSH WI 54902 ERIC WAGNER CARWASH PARTNERS WEST CORP 1490 CAPITAL DR 222 E 5TH ST OSHKOSH WI 54902 TUCSON AZ 85705 Page 19 a� Li ` l iT! 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TAIL L.__.............. SMU 9N R 61 ........ - �iA�.P —� KNAPP S T `.... N 1in=0.15mi v. . . ; 1 In=800 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and Ci the City of Oshkosh assumes no liability for the accuracy of the information. Those using the cif information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:5/28/2019 ��c J www.ci.oshkosh.wi.0 s s/GlSdisclaimer Prepared by:City of Oshkosh,WI h JAGISTlanningRan Commission Site Plan Map TemplaleRan Commission Site Plan Map Template.mxd User:katieb Page 21 w k �-- s� 'y � 4 41 1 .q t yy W *, d c s 4� G i I u x r gym' N 1 in=0,01 mi 1 in=60ft � z City of Oshkosh maps and data are intended to be used for general identification purposes only,and t[t the City of Oshkosh assumes no liability for the accuracy of the information. Those using the c�F information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:5/28/2019 J�� lS� www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J1GISTIanningRan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd User:katieb Page 22