Zoning Board of Appeals- - Minutes 05/25/2006ZONING BOARD OF APPEALS
FINDINGS OF FACTS
A dimensional variance is hereby denied to Dick Powell of Wisconsin Petroleum
(representing Shell Gas Station), by the Zoning Board of Appeals of the City of
Muskego in Appeal # 04-2006 to permit a 8.3 square foot variances from the allowed
signage size, to install a 15.01 square foot "Shell" signs on the gas station canopy at
S75 W 17226 Janesville Road / Tax Key No. 2193.070, based upon the applicant
having not met the specifics of the City Ordinance with respect to granting variances.
It was found that the variance does not preserves the intent of the Municipal Code
because there were not exceptional conditions applying that do not generally apply to
other properties. More specifically, there are other alternatives such as smaller
signage, the placement of a logo or symbol, the use of the existing monument sign, and
possible wall signage on the building. Also, a non -self imposed hardship was not found
for the appeal.
this 26th
' day of May 2006.
Signed
Dan Schepp
Chairman, Zoning Board of Appeals
Signed
Kellie Renk
Recording Secretary
ZONING BOARD OF APPEALS MINUTES
CITY OF MUSKEGO
May 25, 2006
Meeting was called to order at 7:07 P.M
Those in attendance recited the Pledge of Allegiance.
PRESENT: Chairman Dan Schepp. Dr. Barb Blumenfield, Dr. Russ Kashian, Mr. Horst Schmidt and
Associate Planner Adam Trzebiatowski.
ABSENT: Mr. Henry Schneiker, Mr. William Le Doux and Mr. Richard Ristow
STATEMENT OF PUBLIC NOTICE: The secretary stated the meeting was noticed on May 9, 2006 in
accordance with open meeting laws.
OLD BUSINESS:
APPEAL #08-2005—Petitioner: Dick Powell (Wisconsin Petroleum). Shell Gas Station at S75 W17226
Janesville Road / Tax Key No. 2193.070. REQUESTING: Under the direction of Chapter 17 Zoning
Ordinance: Section 3.08(1) Appeal Provisions, Petitioner seeks the following variance:
Chapter 17—Zoning Ordinance: Section 6.09 Signs (1) In any district no signs shall be permitted except
as in hereinafter specified by the regulations for that district, or as otherwise regulated in this Section. All
signs shall also meet all applicable and structural and electrical requirements of local and state building
and electrical codes. (See Chapter 30)
The allowed square footage of all signage on a B-4/OED zoned property is limited to 5% of a building
elevation. The building elevation of the canopy on the above -mentioned property measures 68' x 2'
which allows 6.8 square feet of signage for the southern canopy fapade. The petitioner seeks a sign that
is 15.1 square feet in area (on the south side of the canopy), and is therefore requesting an 8.3 square
foot variance. This petitioner requested a variance in 2005 for signage on the east and west sides of the
canopy, which was denied. This is a completely separate appeal for a different side of the canopy.
Dr. Blumenfield swore in Dick Powell, owner of Wisconsin Petroleum, and Associate Planner
Trzebiatowski. Mr. Powell stated he is representing the owner of the Shell station he could not be present
at the meeting. Mr. Powell explained the owner of Shell is requesting a variance to place a sign on the
canopy. Signage will make the Shell station more identifiable and visible for their customers. Mr. Powell
further explained Shell will only allow the red bar with the red Shell letters. They will not allow the red bar
without the letters. 95% of Shell stations have yellow canopies. The Muskego location has a white
canopy as the code states the canopy should match the building. The Shell building is white and
therefore the canopy should be white.
Dr. Blumenfield questioned what the hardship is. Mr. Powell stated the hardship is lack of identity and
loss of business. Dr. Blumenfield stated she drives by this gas station several times a day and by the
monument sign knows it is a Shell station. Dr. Blumenfield suggested placing the Shell letters or logo on
the pumps to identify the gas station. Dr. Blumenfield noted Walgreens wanted to build in Brookfield and
Greenfield and said they could not follow the design guides of the City. Walgreens did make changes
and built in these cities and the buildings look beautiful.
Chairman Schepp suggested building up the facade to allow a larger sign. Mr. Trzebiatowski noted the
change would have to go through Plan Commission and the Community Development Authority (CDA) as
an amendment to the Business Site and Operation (BSO) Plan.
Mr. Powell stated Shell will not allow signage on the building and all signs must be approved by the
Company and built by the approved manufacturer. Mr. Trzebiatowski noted a pylon sign is not allowed
per the design guide for this area. Also, the monument sign is currently in the right of way. If any
changes were made to the monument sign other than cosmetic, the sign would have to be moved out of
the right of way.
ZBA Minutes
5/25/2006
Page 2
Mr. Powell submitted a letter from Mike Wakefield, Area Manager of Shell, listing Shell's requirements for
signage. Dr. Blumenfield read the last paragraph of the letter "If the above requirements cannot be met I
will have to re-evaluate the branding of this location." Dr. Blumenfield feels this means Shell will re-
evaluate their requirements for signage. Mr. Powell clarified the meaning of the last sentence that Shell
will remove the Shell name from the gas station. Mr. Powell further stated he feels that if this appeal were
denied Shell would not go that far.
Mr. Trzebiatowski gave the City's opinion based on the zoning code. All commercial buildings must follow
the 5% of elevation rule on buildings and canopies. The petitioner would be allowed a 6.8 square foot
sign on the canopy along with the monument sign and the food mart sign on the building. The petitioner
is seeking a 15.1 square foot sign, which is an 8.3 square foot variance. Both Mobil and BP have signage
on their canopies and are within the code. There are other options such as requesting more or additional
signage on the building, using the Pectin logos on the canopy or reducing the size of the proposed "Shell"
sign on the south side of the canopy to 6.8 square feet or less. However, Shell may not agree with
theses options. Mr. Trzebiatowski further explained when the Janesville Road reconstruction project
takes place in a few years the canopy may be removed as it currently is in the County's right of way.
Mr. Trzebiatowski stated the City respectfully requests denial of appeal 04-2006,allowing each canopy
sign to be 15.1 square feet in area. a 8.3 square foot variance; citing that the variance does not preserve
the intent of the Zoning Ordinance because there are not exceptional conditions applying to the parcel
that do not apply to other properties. Also, a non -self imposed hardship is not found for the appeal.
corporate identity is not a hardship.
There are other options that could be pursued on this parcel in order to still allow some type of signage.
One option would be to use some type of smaller logo or smaller wording. Another option would be to
change the signage on their building to include the Shell name or logo. As mentioned, a monument sign
already exits on the corner of Lannon Drive and Janesville road as well as Shell colors and logos/name
on the gas pumps.
DELIBERATIONS
APPEAL 084-2006— Mr. Schmidt moved to approve appeal 04-2006 as submitted. Seconded by Dr.
Blumenfield. Dr. Blumenfield stated she does not feel there is a valid hardship. The Shell station is
being to rigid with their requirements and should make exceptions to comply with the City's rules and
regulations. Dr. Kashain stated the owner could have modified the canopy during the remodel to
accommodate the larger letters. Chairman Schepp noted smaller letters or just the light bar could be
used on the canopy for identification. Upon a roll call vote Appeal 04-2006 is denied 4-0.
NEW BUSINESS: None
APPROVAL OF THE MINUTES: Mr. Schmidt moved to approve the minutes of April 27, 2006.
Seconded by Chairman Schepp . Upon a voice vote, the motion carried.
MISCELLANEOUS:
ADJOURNMENT: With no further business to come before this Board, Mr. Schmidt moved to adjourn.
Mr. LeDoux seconded. Upon voice vote, meeting adjourned at 7:55 p.m.
Respectfully Submitted,
Kellie Renk
Recording Secretary
CITY OF MUSKEGO
ZONING BOARD OF APPEALS AGENDA
May 25, 2006 7:00 PM
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
NOTICE OF CLOSED SESSION
PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon
passage of the proper motion, into closed session pursuant to Section 19.85 (1) (a) of the State
Statutes for the purpose of deliberating concerning cases which were the subject of a quasi-
judicial hearing; said cases being the appeals described below. The Board of Appeals will then
reconvene into open session.
OLD BUSINESS
None.
NEW BUSINESS
1. APPEAL #04-2006
Petitioner: Jeff Colson (Wisconsin Petroleum)
Property: Shell Gas Station - S75 W 17226 Janesville Road / Tax Key No. 2193.070
REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section 3.08(1) Appeal
Provisions, Petitioner seeks the following variance:
Chapter 17—Zoning Ordinance: Section 6.09 Signs
(1) In any district no signs shall be permitted except as in hereinafter specified by the
regulations for that district, or as otherwise regulated in this Section. All signs shall
also meet all applicable structural and electrical requirements of local and state
buiiding an' eieitricai codes. (See Chapter 30)
The allowed square footage of wall signage on a B-4/OED zoned property is limited to 5% of a
building elevation. The building elevation of the canopy on the above -mentioned property measures
68' x 2' which allows 6.8 square feet of signage for the southern canopy facade. The petitioner
seeks a sign that is 15.1 square feet in area (on the south side of the canopy), and is therefore
requesting an 8.3 square foot variance. This petitioner requested a variance in 2005 for signage on
the east and west sides of the canopy, which was denied. This is a completely separate appeal for a
different side of the canopy.
CLOSED SESSION
OPEN SESSION
ZBA 5/25/2006
Page 2
APPROVAL OF THE MINUTES FROM THE APRIL 27, 2006 MEETING.
MISCELLANEOUS BUSINESS
None.
ADJOURN
It is possible that members of and possibly a quorum of members of other governmental bodies of the
municipality may be in attendance at the above -stated meeting to gather information; no action will be
taken by any governmental body at the above -stated meeting other than the governmental body
specifically referred to above in this notice.
Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service, contact
Janice Moyer, City Clerk/Treasurer at Muskego City Hall, (262) 679-5625.
City of Muskego
Staff Representative Brief
Zoning Board of Appeals Supplement 04-2006
For the meeting of. May 25, 2006
REQUESTING:
Under the direction of Chapter 17—Zoning Ordinance: Section 6.09 Signs
(1) In any district no signs shall be permitted except as in hereinafter specified by the
regulations for that district, or as otherwise regulated in this Section. All signs shall
also meet all applicable structural and electrical requirements of local and state
building and electrical codes. (See Chapter 30)
APPELLANT: Jeff Colson (Wisconsin Petroleum)
LOCATION: Shell Gas Station - S75 W 17226 Janesville Road / Tax Key No. 2193.070
CITY'S POSITION PRESENTED BY: Adam Trzebiatowski, City Staff Representative
BACKGROUND
The appellant is requesting a variance to be allowed a "Shell" sign. The sign will be placed on the
southern side of the canopy at the above -mentioned gas station.
This petitioner requested a variance in 2005 for signage on the east and west sides of the canopy,
which was denied. This is a completely separate appeal for different sides of the canopy.
The allowed square footage of wall signage on a B-4/OED zoned property is limited to 5% of a
building elevation. The building elevation of the canopy on the above -mentioned property measures
68' x 2' which allows 6.8 square feet of signage for the southern canopy facade. The petitioner
seeks a sign that is 15.1 square feet in area (on the south side of the canopy), and is therefore
requesting an 8.3 square foot variance.
DISCUSSION
When the Plan Commission and Plan Department staff reviewed the Building, Site, and Operation
Plan (BSO) submittal for this site in 2005, we recommended that the canopy only be white with a lit
red bar across three sides of the canopy. The signage that they were proposing on the canopy was
well over the limit that is allowed by the zoning code.
On the property there is an existing monument sign that is located within the public right-of-way that
can be utilized by the company for signage. The monument sign that exists is 40 square feet in size
per sign side and it is located near a prominent corner of the site (At the intersection of Lannon Drive
and Janesville Road). There also is a sign on the building that says "Food Mart". The petitioners
have not asked to have a "Shell" sign placed on the principal building itself. Additionally, the Shell
colors and name are also visible on the gas pumps.
The petitioner requested a variance under BOA 06-2005 last year. Within that variance request, the
petitioner was proposing to have about the same size sign on the west and east ends of the canopy.
Within that variance request, the petitioner was requesting a 12.95 square foot variance. That
variance was denied for the following reasons:
Appeal # 04-2006
ZBA 5-25-2006
Page 1
It was found that the variance does not preserves the intent of the Municipal Code
because there were not exceptional conditions applying that do not generally apply to
other properties. More specifically, there are other alternatives such as smaller
signage, the placement of a logo or symbol, the use of the existing monument sign.
and possible wall signage on the building. Also, a non -self imposed hardship was not
found for the appeal.
Now the petitioner is proposing to install a "Shell" sign on the southern elevation of the canopy. This
area of the canopy has more surface area. The proposed signage on the canopy still exceeds the
allowed square footage by 8.3 square feet. The petitioner is allowed to have up to 6.8 square feet of
signage on the southern side of the canopy. By right they could install a 6.8 square feet or less sign
and only need a sign permit, rather than a variance and a sign permit.
There are other gas stations in the general area that have received permits for new signage on their
canopy within the last few years. None of these gas stations requested a variance, as they did meet
the code requirements. Although the sign square footage requirement is limited for a canopy, most
other businesses use this area for logos or symbols. There are other areas to represent the
business corporate identity in the form of monument signs and building wall signs.
Here are a few examples of what other gas stations have requested:
Mobil — The front side of their canopy measures 80 feet wide by 3.3 feet high. They
were allowed 5% of that area as signage, which amounted to 13.3 square feet. The
sign that they received approvals for was 13.1 square feet in size. Their sign is
conforming.
BP — The west and east sides of the canopy measures 45 feet wide by 3 feet high.
They were allowed 5% of that area as signage, which amounts to 6.75 square feet.
The sign that they received approvals for was 6.25 square feet in size. Their signs are
conforming.
There are still other options present as there were before when the petitioner requested their last
variance. Other possible options are as follows:
• Request more or additional signage on the budding facades.
• Use the "Pectin" logo on the canopy.
• Reduce the size of the proposed "Shell" sign on the south side of the canopy to 6.8 square
feet or less. For example, a 1' x 6' sign would be allowed by right.
BASED UPON THE FOREGOING, THE CITY STAFF REPRESENITIVE RESPECTFULLY
REQUESTS:
Denial of Appeal 04-2006, allowing each canopy sign to be 15.1 square feet in area, a 8.3
square foot variance; citing that the variance does not preserve the intent of the Zoning
Ordinance because there are not exceptional conditions applying to the parcel that do not
apply to other properties. Also, a non -self imposed hardship is not found for the appeal.
There are other options that could be pursued on this parcel in order to still allow some type
of signage. One option would be to use some type of smaller logo (i.e. pectin logo) or
smaller wording (They are allowed a "Shell" sign 6.8 square feet in area). Another option
would be to change the signage on their building to include the Shell name or logo. As
mentioned, a monument sign (40 square feet per sign side) already exists on the corner of
Lannon Drive and Janesville Road as well as Shell colors and logos/name on the gas pumps.
Appeal # 04-2006
ZBA 5-25-2006
Page 2
Appeal #04-2006
Supplemental Map
CITY OF MUSKEGO BOARD OF APPEALS
APPLICATION FOR DIMENSIONAL VARIANCE
Appellant's Name: _' <� �AJ e—
Subject Property Address: S "i L4 i i ;2 2
Telephone: Day: Evening: 9�- ,QIO - a97 i
Property Zoning:
Tax Key: mac. / � 3, D -7G
Petitioner's relationship to property (circle applicable):
Owner Lessee Othe
Date inspector denied zoning permit:
Requesting variance to Code Section
To allow.
A literal enforcement of the terms of the above -referenced section would result in
practical difficulty and unnecessary hardship because:
The variance, if granted, will not be contrary to the public interest and will be in accord
with the spirit of the code because:
The variance, if granted, will not adversely affect public safety or jeopardize public
welfare because:
i
S:\CITYHALL\Planning\FORMS\BOA-Dimensional Appeal Application.doc
Last printed 1/21/2004 10:14 AM
May U/_ 'Jo U0.1Up .ten vvls retroleum 414-/L/-UL41 p.s
SUBMITTAL REQUIREMENTS FOR DIMENSIONAL VARIANCE REQUESTS
At the direction of the Zoning Board of ppeals, the following information is required to
be submitted with the application (10 co'I"es of each):
• For any variance pertaining to a parcel of land, a Plat of Survey, prepared by a
Registered Land Surveyor, must be submitted. The Plat of Survey must be
dated, with no time requirements, and include the original seal of the surveyor.
Plat of Survey must contain the following:
1. The parcel in question with dimensions, bearings and a description of the
exterior boundaries.
2. Abutting streets. properties, I kes andlor rivers, etc.
I
3. Location and size (with dimensions and area) of any existing buildings or
structures.
I
4. Ordinary High-water Mark, 100-year Flood Elevation, 2-foot about the 100-
year Flood Elevation, Easements, etc_
5. Location and size of cuiverts� ditches, trees, wells, septic system, retaining
walls, driveways, sidewalks, patios, or any other items pertinent to the
variance requested —including area calculations.
6. Elevations at corners of parcel. building corners, grade breaks and any other
elevations pertinent to the variance requested.
7. Proposed building, structure or appurtenance for which the variance is being
requested.
• The scaled construction drawings of the appurtenance, addition, or structure for
which the variance is being requested.
■ Fee in the amount of $200.00 Account # 100.01.18.03.4327
Ol�-1 � 4"d 5- u G
SIGNATURE OF APPELLANT /D/A(TE _
Cc� I— "t C
SIGNATURE OF OWNER (if different)
DATE
PLEASE BE INFORMED THAT ANY LEGAL, ENGINEERING AND ADMINISTRATIVE
FEES INCURRED BY THE CITY, IN THE PROCESS OF REVIEWING A PROPOSAL OR
APPLICATION, BUT NOT INCLUDED IN THIS FEE SCHEDULE, WALL BE CHARCED
BACK TO THE PETITIONER / APPLICANT / OWNER I DEVELOPER FOR 1100%
RECOVERY. (Ch. 3.OSS/Ord. #909)
S:ICITYHALLtPlanning\FORMS\BOA-Dimensional Appeal Apolication.doc
Last priried 1212004 10:14 AM
To allow: One set of Shell letters on the front of the canopy (Janesville road
side). Current ordinance allows for a sign of 6.8 sq. ft. (68x2x5%= 6.8 sq.
ft.). A set of Shell letters is 15.125 sq. ft.
A literal enforcement of the terms of the above -referenced section
Would result in practical difficulty and unnecessary hardship because:
Shell Oil will only allow sets of Shell letters on the canopy (no Shell pectin
see letter from Shell). With one set of Shell letters, Shell will allow the
lighted red bar. Because there is nothing on the building or canopy that says
Shell, this location is not identified as a Shell gasoline station other then the
4'x4' Shell sign on the price sign.
The variance, if granted, will not be contrary to the public interest and will
Be in accord with the spirit of the code because: It will better identify this
location as a Shell gasoline station to the public, and make it easier for the
public to make their gasoline buying decision.
The variance, if granted, will not adversely affect public safety or
jeopardize public welfare because: The Shell letters are 14 feet above
ground level. They are non -flashing red letters and are no safety concerns.
e m
N
A K
iCO
03
OR
C
a
V/
VI VI IA
Z
f17pL_1-
z Z Z
50�
mmm
a
A50
�J
O
D
,0
r
y
�D
11-10' -I
2W
QO
1
w
v
n_N
Y