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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES June 12,2019 PRESENT: Robert Krasniewski, Kathryn Larson, Dennis Penney, Barbara Schmitz, Cheryl Hentz EXCUSED: Wesley Kottke STAFF: Todd Muehrer, Zoning Administrator; Katie Breselow, Recording Secretary Vice-Chairperson Krasniewski called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. Mr. Krasniewski opened the floor for nominations for Chairperson. Motion by Mr. Penney to nominate Mr. Krasniewski. Seconded by Ms. Hentz. As there were no additional nominations for Chairperson, the floor was closed for nominations. Motion carried 4-0-1. (Mr. Krasniewski abstained) Mr. Krasniewski opened the floor for nominations for Vice-Chairperson. Motion by Mr. Penney to nominate Ms. Larson Seconded by Ms. Scynnitz. As there were no additional nominations for Vice-Chairperson,the floor was closed for nominations. Motion carried 4-0-1. (Ms. Larson abstained) The minutes of May 8,2019 were approved as presented. (Larson/Penney;Hentz/Krasniewski abstained) ITEM I: 1490 Capital Dr. 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 Mr. Muehrer presented the item and distributed photos of the subject site. The subject 1.082 acre property is zoned Suburban Mixed Use. 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 owner was issued a correction notice for commencing work without a valid building permit; the owner tried responding by obtaining a permit but was denied a by-right permit because accessory structures are not allowed in the front yard. The specific proposal is to construct a 10'x12' storage shed on the southwest side of the parcel. The proposed Board of Appeals Minutes 1 June 12, 2019 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. 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 alternate placement options, there are very few and limited in functional area. 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. Eric Wagner, 1490 Capital Drive, Oshkosh WI, stated that he agreed with what staff had mentioned in the staff report and asked if there were any questions from the Board. Ms. Larson asked what the standing height of the shed was going to be. Mr. Wagner responded that the shed is going to be a little higher because eventually they plan to add a ride-on snow blower with a cab on it and they do not wish to rebuild at that point. Mr. Krasniewski asked if they bought the shed from somewhere. Mr. Wagner answered that they did not, they built it based on research obtained online. Ms. Larson asked what happened with not obtaining a permit to build the shed. Mr. Wagner responded that it was an oversight on their end. Me. Penney asked if the shed was already built. Mr. Wagner answered that they started building the shed but once they found out about the needed permit they immediately stopped. Mr. Penney commented that the fact that the applicant already started building has no bearing on the decision from the Board. Mr. Wagner answered that he was well aware. Mr. Muehrer mentioned that on page 8 of the staff report one could see that they had stopped work on the shed. Ms. Schmitz asked where the arbor vitae was going to be located. Board of Appeals Minutes 2 June 12, 2019 Mr. Wagner stated that it would be located on either side of the shed and in-between the dumpster enclosure and shed and then alongside the sidewalk and shed. Motion by Ms. Hentz to approve the variance as requested with the condition that a landscape plan illustrating arbor vitae placement be submitted by the applicant and approved by Planning Services. Seconded by Mr. Penney. Ms. Hentz asked staff how long the applicant would have to put up the landscaping. Mr. Muehrer responded they would have until July 1, 2019 and that the applicant would not be given the permit until the landscaping plan was received. Mr. Krasniewski asked what the fee was for not getting a permit beforehand. Mr. Muehrer responded that work without a permit is a triple fee. Approved 5-0. Findings o f facts: With the retention basin and three street yard frontages there is unique factor to the lot that requires variance. Any other location could affect the access or safety for the customers. Least visual impactful area for the shed. No harm to the public interest or safety with the on sight aesthetics. There being no further business, the meeting adjourned at 3:45 p.m. (Hentz/Penney). Respectfully submitted, Todd Muehrer Zoning Administrator Board of Appeals Minutes 3 June 12, 2019