BOARD OF ZONING APPEALS CITY OF WAUPACA

BOARD OF ZONING APPEALS CITY OF WAUPACA REGULAR MEETING MONDAY, APRIL 27, 2015 COUNCIL CHAMBERS, CITY HALL 4:03 P.M. PRESENT: Alderperson Eric Olson, Acting Chairperson, Bryon Gyldenvand, Steve Walbert, and Joel Camann ABSENT: Gene Wasserberg, and Jerry Lyons (both excused) OTHERS PRESENT: Brennan Kane, Economic Development Director PUBLIC NOTICE BOARD OF ZONING APPEALS CITY OF WAUPACA YOU ARE HEREBY NOTIFIED, the will meet on Monday, at 4:00 p.m. in the Council Chambers, City Hall, 111 S. Main Street, Waupaca, WI to consider the testimony on the following cases: Case No. 166 Group One WI LLC TLC Sign, Tom Cullen, Agent 110 Grand Seasons Drive Parcel No. 34-25-21-6 The Applicant seeks to modify an existing ground sign by using the existing pole structure which currently has a 2 foot setback along the public street frontage (US Highway 10) and a 2 foot sideyard setback. The applicant seeks to add a cabinet creating a total height from grade of 50 feet and a total square footage of 243.52 square feet. This request was denied as Chapter 17.310(4) B-4 Strip Commercial District Bulk Requirements requires a maximum height of 20 feet, a minimum front setback equal to the height of the sign, a minimum side yard setback of 3 feet and a maximum single side area for freestanding signs of 65 square feet. Case No. 167 Al Swiderski WTI LLC Tom Nitschke, Agent 1777 Royalton Street Parcel No. 34-28-24-5 The Applicant seeks to add two (2) additional ground signs that would exceed the current code limit of one (1). The applicant also seeks to exceed the allowable square footage of 45 square feet for both additional monument signs and seeks to reduce the minimum setback of 20 feet to 7 feet. This request was denied as Chapter 17.310(3)(a) Sign Restrictions limits the total number of freestanding signs to one sign per property and Chapter 17.310(4) I-2 Heavy Industrial District Bulk Requirements requires a maximum single side area for freestanding signs of 45 square feet and a minimum front setback equal to the height of the sign. YOU ARE FURTHER NOTIFIED the Board will hear all persons concerned, their agents or attorneys. PUBLISH: April 16, 2015 /s Henry Veleker City Administrator/Clerk

1. AGENDA MOVED by Mr. Gyldenvand, SECONDED by Mr. Camann to APPROVE the agenda as presented. 4 ayes, 0 nays, 2 absent, 0 abstained MOTION CARRIED on a voice vote. 2. CASE NO. 166 GROUP ONE WI LLC, TLC SIGN, TOM CULLEN, AGENT, 110 GRAND SEASONS DRIVE, PARCEL NO. 34-25-21-6 Acting Chairperson Ald. Olson asked for any testimony in favor of the subject. Mr. Mehta stated his name and address for the record and represents the Best Western Grand Seasons Hotel which is now Ramada. Rakesh Mehta 16060 Rincon Meadows Chino, CA Mr. Mehta stated that when the Best Western franchise terminated the agreement with this physical address, immediately all signage and logos from the previous franchise must be removed from the premises. At that point, the existing sign was taken down to comply with the Best Western franchise requirement. They did not ask the City if a permit was needed to take the sign down which is an error on their part. He said they had to comply with the bigger liability of complying with Best Western. A Best Western inspector came to make sure everything relating to Best Western was taken down. Subsequent to that, when they tried to put up a sign from TLC Sign for Ramada that replaces the Best Western sign, they were told the sign was not in compliance with the local sign ordinance. Mr. Mehta asked how the sign is affecting Waupaca and the business itself. He said the property has been there a long time and the trend for the property is that 75% of the transients passing through on Hwy 10 take the exit because of the signage. He said signage is very crucial from the freeway, especially in the Midwest in order for the person to make a decision to pull over now or go to the next town. He said on average, the hotel has contributed approximately $100,000.00 in room tax per year and approximately 5% more for Waupaca County. He stated that people staying at a motel also spend money in the city where they are staying. Not having the sign be visible from the highway affects Waupaca and the business over the long-term. He said that people traveling have less than 7 seconds from seeing the sign to take the exit. Mr. Mehta reviewed his perspective regarding unnecessary hardship to ask for a variance. He said the City considers the hotel to be non-compliant with the strip commercial zoning. He said the hotel is a big commercial box in itself and is not part of the strip zoning mall. He agrees that the previous logo was non-conforming but was grandfathered into the property. He said when changing the sign, there was no choice. He said that they have an opportunity to portray Waupaca and the hotel with the sign to travelers. With no sign, it will eliminate people seeing the sign and stopping in Waupaca. He said that relocating the sign and reducing the height to 20 will be as good as not having a sign. At 20, the sign will not be seen from the highway due to the current highway elevation. He said there is no harm to the public interest in any way except it is bringing more money into the town. He is asking the to approve the variance. Mr. Klismet stated his name and address for the record. Jim Klismet N2267 Country Lane

Mr. Klismet said he is in support of the sign change. He said at one time the property was a Best Western, then a Baymont, then a Best Western and now a Ramada hotel. He said all of that signage was legal in the past and things that were done were approved through the State of Wisconsin. He highly recommends that the signage stay where it is because it is vital to the success of the hotel. Mr. Bob Underberg stated his name and address for the record. Bob Underberg E1444 Grandview Rd. Mr. Underberg said that he was the Planning Coordinator for the city of Waupaca from 1977 until retirement in 2004. In 2003, when the franchise was changing from Baymont to Best Western and the property on the corner was sold off to a different company who developed that area, the sign and pylons were moved to the existing site at Grand Seasons Drive. He said they worked with the hotel owners at that time to determine the proper location and the safest place. He said they worked with many other communities in gaining information concerning how they view their ordinance along a major highway where traffic moves at 70 mph. He said the area the sign was allowed to go and the height of the sign was based on this information. They worked with the City s engineers at the time and the Department of Transportation concerning the location and the safest height, so that people could make a vital and quick decision as to when to get off the highway. He said that coming from the east you do have approximately 7 seconds to make a decision before you even see the pylons. He said coming from the other direction, around the corner with the trees, you have approximately 6 seconds to take the exit. He said it would be a hazard to not have the sign at that particular height. He reviewed the other economic benefits to the community when people choose to stay at the hotel. He said that strip zoning is designed for traffic traveling at lower rate of speed, e.g., W. Fulton Street where there is time to recognize smaller signs. He said this is not the case on Hwy 10. He does not think it should have been zoned strip commercial. He said part of the property may be in the frontage, but definitely not on the part that is facing the highway. He said they have thoroughly checked the situation out and believes it would be a public nuisance not to allow the sign to be erected to that particular height. He said this is a very unique property and situation in Waupaca. He urged the committee to vote favorably to grant the variance and request the City look at the zoning for that part of the property so this situation does not happen again, if the franchise should change in the future. Mr. Tim Cullen stated his name and address for the record. Tim Cullen, TLC Sign E4594 Huebner Rd. Weyauwega, WI 54983 Mr. Cullen said that it was mentioned by the City, that the large pylon sign could be taken care of by the DOT because they allow signage on the highway. He said that is not nearly sufficient for the property. Without the large pylon, all the DOT says is this direction. He feels that without the signage travelers would end up at Foxfire and Comfort Suites. He said the property truly is unique and the high-rise pylon is very much needed. Ald. Olson asked Mr. Kane to explain his recommendation of denial. Mr. Kane said there are several reasons. He said in 2003, when the sign was relocated due to splitting the property, there was an interpretation by out office and a previous director that should not have been made in his professional opinion. The zoning code should have been at a 100 sq. feet. back then and he said that is where

the sign should be now and was an incorrect interpretation at that time. He said the intent of that district and code is to eliminate those pylon signs which are dangerous because of the height and visual distraction. He said there are studies that have been done by planning professionals that they are a distraction to drivers. He is not debating the economics of what the hotel brings into the community. He said he is basing his decision on studies and feels there are alternative methods that can be utilized that still meet the intent of what the hotel is looking for. He said he can work with them on some of the wall signs but disagrees that there is a need for a 50 tall sign to direct people to the hotel when there is other signage that is handled by the DOT. He said many communities do not allow the tall signs anymore because they are a distraction and visual nuisance to the community. That is one of the reasons the City reduced the height in 2005. He said not only was there an incorrect decision made in 2003, when the applicant and property took the sign off, all non-conformities were released at that time. He said by removing the cabinet, there is nothing there besides two poles which are not considered a sign. The sign now needs to be brought into conformance with the current zoning code. Mr. Mehta said that in respect to Mr. Kane s comments that people are moving away from that style of signage, they have properties all across the United States. He said large and small towns have gone away from the pylons. But they were replacing those signs with scrolling marquees which is a distraction. He said there is no scrolling or LED flashing. It is a simple sign with energy efficient light bulbs that says Ramada. He said other cities have made exceptions for the signage because it is not a scrolling marquee. He named a few cities in California that have made exceptions and were very restrictive in their signage. They allowed the pylon signs because they were not scrolling marquees. He asked the panel to consider the request for variance. Mr. Kane said that even if the board does not agree with his interpretation, the original sign that was permitted was a maximum of 229 square feet sign on that pole. If the variance is approved the new sign will increase to 243.52 square feet. Mr. Mehta explained that the total square footage of the sign includes the box that is between the pillars. The Ramada sign by itself that will be on top of the pillars is 129.33 square feet. Mr. Cullen said that the actual sign is smaller than the original sign. He said the Best Western sign that was taken down measured approximately 263 square feet. Mr. Kane said that the sign that was taken down was illegal since it was larger than the permit allowed. Mr. Cullen confirmed. Mr. Cullen said they are requesting square footage of 243.52 for the Ramada sign from manufacturing. He said the white area of the sign would be for an on premise waterpark. It cannot be used for something off premise per state regulation. MOVED by Mr. Gyldenvand, SECONDED by Mr. Walbert to APPROVE the Variance Request for Case No. 166 Group One WI LLC, TLC Sign, Tim Cullen, Agent, 110 Grand Seasons, Dr. Parcel No. 34-25-21-6. 3 ayes, 0 nays, 2 absent, 1 abstained (Joel Camann). MOTION CARRIED on a voice vote. Mr. Kane said the next step is to apply for the sign permit. 3. CASE NO. 167 AL SWIDERSKI, WTI LLC, TOM NITSCHKE, AGENT, 1777 ROYALTON STREET, PARCEL NO. 34-28-24-5 Mr. Nitschke stated his name and address for the record.

Tom Nitschke 1777 Royalton Street Mr. Nitschke said that over the last few years they have added new lines of equipment. He said he and Mr. Kane have come to an agreement to add two signs that would make the property look decent and still represent the manufacturers that they sell. He said that the hardship is that manufacturers that are sold want their signs at the place of business. He said the unique conditions are that the property has been there for a while so there are roads that are built within it are where people drive through to look at equipment. The setback would put one of the signs in the middle of one of those roads. He said none of the setbacks would be any closer to the road than the current New Holland sign. He does not feel there is significant harm to public interest. He said Mr. Kane s idea would be to have a second sign look the same as the Agco sign but will be 5 2 by 18 tall. That sign will house panels of four other manufacturers. He is requesting a variance to install two monument signs that our manufacturers are requiring. The first sign will be 7 8 by 18 tall and will house all Agco Brands. Mr. Kane said that Mr. Nitschke approached the City a couple months ago regarding the sign. Only one monument sign is allowed on the property and originally Mr. Nitschke wanted to have 4-5 monument signs. Mr. Kane said they felt this was a good compromise to bring to the board. MOVED by Mr. Camann, SECONDED by Mr. Walbert to APPROVE the Variance Request for Case No. 167 Al Swiderski, WTI LLC, Tom Nitschke, Agent, 1777 Royalton Street, Parcel No. 34-28-24-5. 4 ayes, 0 nays, 2 absent, 0 abstained. MOTION CARRIED on a voice vote. 4. ADJOURNMENT MOVED by Mr. Gyldenvand, SECONDED by Mr. Walbert to ADJOURN the Board of Zoning Appeals meeting. 4 ayes, 0 nays, 2 absent. MOTION CARRIED on a voice vote. The meeting adjourned at 4:35 P.M. Ald. Eric Olson, Acting Chairperson tj