HomeMy WebLinkAboutItem III PLAN COMMISSION STAFF REPORT OCTOBER 1,2019
ITEM III: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A FRONT
YARD SETBACK NOT CONSISTENT WITH THE PREVAILING BUILDING
SETBACKS FOR A NEW HOME ON AN INFILL SITE AT 0 (3087) LAKE
REST LANE
GENERAL INFORMATION
Applicants/Owners: Bruce M. and Rosemary Sammons Rev. Trust
Action(s) Requested:
The applicant is requesting approval of a variance from the City's Residential Design Standards
to allow a front yard setback not consistent with the prevailing building setbacks for a new
home at 0 (3087) Lake Rest Lane.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-241(E)(1) Setbacks. Front yard setbacks for new principal structures shall be
consistent and align with the prevailing building setbacks found
along the block and surrounding neighborhood.
Property Location and Background:
The subject property is a vacant residential lot located at 0 (3087) Lake Rest Lane and is
approximately 11,750 square feet in area. The surrounding area consists predominately of
single family uses with a water channel to the south and Lake Winnebago to the north. The
immediate properties on the east and west sides of the subject property are single-family uses
with varying character and scale. A water channel leading from Lake Winnebago runs
immediately to the south of the subject property. Lake Winnebago borders the property on the
north. A private access drive runs through the subject property and adjacent properties
allowing vehicular and pedestrian access to each of the properties. The subject property and all
properties immediately surrounding it are zoned Single Family Residential-5-Lakefront
Residential Overlay (SR-S-LRO). The subject property is a long,narrow, irregularly-shaped
parcel. The parcel was annexed into the City of Oshkosh from the Town of Algoma on
September 21st, 1981, so Shoreland zoning does not apply.
The applicants intend to construct a new home on the lot. They have submitted a design
standards variance application and site map showing proposed placement of a new home on
the lot. The lot narrows at its southern end limiting its buildable area. In response, the
applicants proposed that the new home's placement would shift towards the northern portion
of the site resulting in a greater front setback than the adjacent properties. Since the home
1TEM111-0(3087)Lake Rest Lane-Design Standards Variance I
Page 1
would deviate from the prevailing building setbacks found along the block, review by the Plan
Commission and a design standards variance are required.
Subject Site
Existing Land Use Zoning
Vacant Residential SR-5-LRO
Adjacent Land Use and Zoning
Existing Uses Zoning
North Lake Winnebago N/A
South water channel (Lake Winnebago) N/A
East Single Family Residential SR-5-LRO
West Single Family Residential SR-5-LRO
Comprehensive Plan Land Use Recommendation Land Use
Light Density
2040 Land Use Recommendation Residential
VARIANCE CRITERIA
The City's Zoning Ordinance establishes design standards for single and two-family homes
with the overall purpose/intent to:
"Maintain the basic architectural quality of residences within the community, to minimize adverse
impacts on adjacent properties and neighborhoods resulting from architectural and building construction
practices that may detract from the character and appearance of the neighborhood as a whole, and to
ensure compatible design between existing and new homes."
The standards apply to all single and two-family structures within the City and include the
regulation that, "Front yard setbacks for new principal structures shall be consistent and align with the
prevailing building setbacks found along the block and surrounding neighborhood." The intent of this
line-up provision in the zoning ordinance is to ensure that placement of houses along blocks is
consistent. It prevents a piecemeal situation in which some houses are set back further than
others and no consistent street edge is maintained.
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.
ITEMIII-0(3087)Lake Rest Lane-Design Standards Variance 2
Page 2
ANALYSIS
The subject parcel is a corner lot and narrows towards its' southern edge. The southern edge of
the subject parcel is approximately 36 feet wide and approximately 7 feet of this is covered by
access drive. This limits the amount of buildable area the lot provides. The applicants would
like to shift the placement of their proposed home towards the north end of their lot. They
would have a setback of approximately 89 feet from the access drive on the south.
The applicants stated that it would be impossible to build their home if the line-up provision in
the ordinance was applied. According to them, their lot was platted in the Town of Algoma
before it was annexed to the City of Oshkosh. The proposed placement of the home would
allow for a driveway off of the private access road. At this time the applicants are only asking
for a design standards variance for the placement of the house on the lot. They have not
submitted any elevations showing proposed window and door openings or materials for the
home.
SR-5-LRO Setbacks
Property Front Setback (Principal Structures)
0 (3087) Lake Rest Proposed-89' Street 25 feet
3058 Lake Rest 21 feet Side 5 feet
3064 Lake Rest 25 feet Waterfront 25 feet
3068 Lake Rest 34 feet
3072 Lake Rest 21 feet
Staff did receive a number of phone calls from neighboring property owners regarding the
variance request. Two property owners had concerns about the house proposed for the vacant
lot and were concerned about its architectural integrity. One of the neighboring property
owners stated that he was against the variance.
Staff evaluated the proposal previously described and the impact on the block in regard to the
purpose and intent of the residential design standards. The standards relate to preserving the
home's architectural integrity and the potential impact on adjacent properties, the
neighborhood character and "curb appeal" of the block. In working with the applicant, staff
considered:
• Potential impacts of applying the ordinance line-up provision
• Unique configuration of the lot
• Potential impact on neighborhood character
• Input provided by neighboring property owners during the process
In examining the subject property staff is of the opinion that applying the line-up ordinance
provision would cause a hardship given the lot's narrow dimensions on its southern edge. By
ITEMIII-0(3087)Lake Rest Lane-Design Standards Variance 3
Page 3
code,the proposed home would have to be placed approximately 21 feet off of the private
access drive. The lot is approximately 40 feet wide at this point. The applicants would have to
maintain a minimum 5 foot side setback and a minimum street setback of 25 feet. This would
allow approximately 10 feet of buildable width on the lot at this point. In shifting the house up
68 feet past the required setback the applicants would have enough room to construct their
home while maintaining the required setbacks.
RECOMMENDATION
Staff recommends approval of a variance from the City's Residential Design Standards to allow
a front yard setback not consistent with the prevailing building setbacks for a new home on an
infill site at 0 (3087) Lake Rest Lane with the following conditions and finding:
Condition:
1. Design standards variance is only for the placement of the home on the site and not for
the design of the home.
2. Applicant shall submit the design of the proposed home to the Department of
Community Development for staff review and approval.
3. Any variances regarding the design of the home shall be filed as separate requests for
Plan Commission review and approval.
Finding:
1. Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
ITEMIII-0(3087)Lake Rest Lane-Design Standards Variance 4
Page 4
Please Type or Print In BLACK INK ,,
city ff
CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMATION
Petitioner.Sf"GIGG' H. /- Rp�{N(!.t' y 05aMMIDII-S fey 'Tr usf Date:
Petitioner's Address:194, Wa l n q 5 City; t5n- hko s k State:WT Zip:9d
Telephone Fax: MO)A31-Y'igr Other Contact# or Email:
Status of Petitioner(Please Check): jXOwner ❑Representative ❑Tenant ❑ Prospective Buyer
Petitioner's Signature (required): :�, A - 4
Date:_ "1 I
PROPERTY OWNER INFORMATION
Owner(s):161_ " H' 4- PL-SeATH i?e V Date:
Owner(s)Address: (945 1A/cd r1U;t `y'�. City: 0-- Kosh State:WE Zip: s�o I
Telephone#: (?,�O) vA3-3-Mro Fax: (QED)A' 11 SS Other Contact#or Email:
Ownership Status (Please Check): ❑Individual X 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 Owner's Signature: > -rr Date: -1 q
SITE INFORMATION
Address/Location of Proposed Project:
aS7 �-a6Ce L..an�_. , 0-AkoA Cam'
Proposed Project Description: h Dj�, new de-oc'e- .
Current Use of Property: ClG ae 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:
l) The intent of the standards have been incorrectly interpreted
2) The standards do not apply to the project
3) The enforcement of the standards cause unnecessary hardship
Page 5
1. Explain in detail your proposed plans and why a variance is necessary:
0- "Yt1�ur
0&
2. Describe how the variance would not have.an adverse effect on surrounding properties or
curb appeal of the neighborhood:
/K.tT
3. Describe in detail the materials and construction methods that the proposed project would
use. Attach any supplementary information including, but not limited to, material data sheets,
product information, supplemental photographs, elevation plan(s)and site plan(s):
AL-1
Page 6
4. Describe why the intent of the design standards have been incorrectly interpreted (if
applicable):
5. Describe why the design standards do not apply to this particular project(if applicable):
6. Describe the unnecessary hardship that would result if your variance were not granted (if
applicable):
ee
Page 7
PLAT OF SURVEY
LOT G AND PART OF LOT F,BLOCK I,IN REPLAT OF LAKE REST MANOR,14TH WARD.CT"OF OSHKOSK WT.-NEDAGO COUNTY W ISCON'SIN. AND A TRIA.NC L^-Aa STLAPED PARCEL OF LAND IN LOT r,
BLOCK 1,REPLAT OF LAKE RFST MANOR,14TH WARD,CnY OF OSHKOSH WINNEDAGO COUNTY,t'„SCONSIN AND DESCRIDED AS FOLLOWS:DEGDT:,INO ATA POLN70F L*sTDSECTION OF THe
NORTHERLY'-LNF.OF LAKE REST'.ANF AND THE EASTERLY LINE OF LUT F;THENCE S27°0747'W 4S FEI:r MORE OR LESS TOTEM SHORE OF A DREDGED CHANNEL:THENCE SOUTFCA.STFRLY ALONG
THE SHORE OF--Ir.DREDGED CHANNE•I.TO A FOHN7 ON TL^SOVTITERLY EXTENSION OF THE EASTERLY Llh^e OF LOT F;THENCE N1 F-79WF..ALO'.G IRF.FA.STERLY FINE OF!,Or F TOT HE POINT OF
BEGIN"INC,
AND
THAT PART OF LOT J OF D'_OCX 1,N KEPLAT OF t"K PNW M.ANDR.IN THF.141H WARD,(7IY OF OSnCSH,%TN^,'ED.ACO COUNTY WLSCONSIN BOUNDED AND DESCRIBED AS FOLLOWS-.
CONLMENCLNO AT THE MOST NORTHF3L.Y CORNER OF LOT 1 LN SAID R£PL\T';THLNCF N35-4245£60.29 FEETIRECORDED AS N36"M 60.0')TO AN MSTINO MON PIPE AND DrJn THE POW OF
DPGLNN^,NG;THENCE S49'02'08'E(RFrORDFD AS S49=u)TO THE SHORE OF LAKE RINK EBAGO;THENCE SODTJSR'ESTERLY ALONO THE SHORE OF LAKE W'DatMkOO TO THE PO'T OF
ITNU:'RSLCITON WMI THE SOL DHL•RLY LINT,Or SAID LOT JI THENCE N52 4"M ALONG THE SOVITINTSTERLY LAN„OF SAID LOT;TO ME SHORE 0,LAKE WDINEDAGO;T ENCE NORTHEASTERLY
LONG T AHE SHORE OF LAKE WLNNERACA TO A POLN7 THAT 1S N.91WVS'W=,CO➢.DED AS N49FM OF THE POINT OF BEGINNING,TIF.1'CE S69°04tlS`E TO TIM P0n7r 0,-DEGEq-aNG,
AND
THAT PART Or LOT L BLOCK 1 N TlE RE➢LAT OF LAKE REST MANOR,LN THE 14TH WARD,CITY OF OSHKOSE1,AT.NNEBAGQ W V,\M WISCONSIN,DBSLMW AS FOLLOWS:COt tMt2:C7:G AT THE.
MOST NORTHERLY CORNER Or LOT L TENCE S1"?3'W 5.C5 FEET(RECORDED AS SOUTHERLY 5 6')ALONG THY,WESTERLY UNE OF SAID LOT 1,TO AN EKISRHG RAILROAD SPX-XM)BFING 1TL''.
POINT OF DrOLNNLNG;T.:ENGz Ni v23 33"E 5.0 FEET;THENCE S52'43'58'E ALONG TIC NORTHERLY LINE-OF SAID LOT 1 TO THE SHORE OF LAKE WIENWE IAGC;THENCE N55"0073-W;U 173E PONT OF
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SURVEYOR'S CERTIlIC.!ITE
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F-—O $Z ,�M+ �o?y, The property shown and described
a> }- ev- *+ pR on this map was surveyed under my
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the Wisconsin Administrative Code,
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a e ! 0 t. ,sr) is not valid unless it has the original
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HIZOMI M LAND SITRVEYVgG LLC.( ) = Mensuretnents of Record
• = Railroad Spike set 200 PROSPECTOR COURT.
Cj Z, = Historic Parcel Lin. KAUKAUNA,W1 54130
SEARJNGSARE rur-ERENCFD TO NORTHERLY LINe - "-- Existing Fence (Chain link) 920-996-9649
OF LAXE REST LANE RECORDED ASNWOYODV/H: = Government Corner
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DSV BRUCE M/ROSEMARY SAMMONS REV TRUST CAROL A SCHUENKE LIVING TRUST
0 LAKE REST LN 522 W MURDOCK AVE 3064 LAKE REST LN
PC: 10-01-19 OSHKOSH WI 54901 OSHKOSH WI 54902
DAVID C&JOAN M RITMANICH REV TRUST FRAGALE TRUST GARY A OTTO/LAURIE A PAUNOVICH
3072 LAKE REST LN 85 LAKE REST AVE N31W23808 ROUGH HILL RD
OSHKOSH WI 54902 OSHKOSH WI 54902 PEWAUKEE WI 53072
GREGORY S/JOANN POLLESCH JOHN G SAMSTER JT REV TRUST LEONARD C/IRENE UTTECH LIFE ESTATE
82 E WAUKAU AVE 3080 LAKE REST LN 4628 SANDY BEACH LN
OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902
MARGARET ROE DIEMER IRREV TRUST TOWN OF BLACK WOLF WITTMAN AIRPORT OSH
4426 DUNEDEN AVE TOWN CLERK 525 W 20TH AVE
CINCINNATI OH 45236 380 E BLACK WOLF AVE OSHKOSH WI 54902
OSHKOSH WI 54902
BRUCE M/ROSEMARY SAMMONS REV TRUST
1845 WALNUT ST
OSHKOSH WI 54901
Page 9
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information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.ci.oshkash.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of
information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:813012019 Oshkosh
Prepared by:City of Oshkosh,WI
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:8/30/2019
information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.ci.oshkash.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI
J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd P ag�Jserlm2ak