The URL can be used to link to this page

Home My WebLink AboutItem I STAFF REPORT BOARD OF APPEALS DECEMBER 11TH,2019 ITEM I: 3809 SHOREBIRD COURT GENERAL DESCRIPTION AND BACKGROUND Timothy L. Zillges-owner, Thomas L. Zillges-petitioner, requests the following variance to permit a single family dwelling in the shore yard setback: Description Code Reference Required Proposed Adjustment of Shore Yard Setback 30-160.5(A)(2)(b) 75' (Avg adjacent lots)50' The subject 0.37 acre (approximately 16,130 square feet) property is zoned Single Family Residential-3 within a Planned Development Overlay (SR-3 PD) and is currently undeveloped. The pie-shaped parcel is located on the southwest side of Shorebird Court. Adjacent land uses to the subject parcel include single-family residential 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 applicant is proposing to construct a new 2,618 square feet home on the subject property for residential land use purposes. Since the property abuts Lake Butte des Morts there are additional Shoreland Overlay standards applicable to the property. The standards are intended to regulate navigable waters as well as limit certain land use activities detrimental to shorelands. Normally a 50' setback from the ordinary high- water mark is required for new structures (see Section 30-16.5(A)(1)). However, since the abutting two lots are developed the code requires a distance greater than or equal to the average setback of the principal buildings on these developed lots (i.e. 75' in this case). Therefore, a 25' dimensional variance is needed from the required shore yard (west) setback to construct the proposed home (see submitted site plan). The proposed two- story contemporary-style home would feature three-bedrooms and a 720 square feet attached garage. Vehicular access would occur via a curb cut on the north side of the STAFF REPORT BOARD OF APPEALS ITEM I -2- DECEMBER 11TH,2019 parcel leading to the side load garage. Meanwhile a proposed 200 square feet at-grade patio would provide secondary ingress/egress to the home as well as outdoor recreational use of the shore yard area. The applicant has submitted an illustration with the application showing the required shore yard setback in proximity to the proposed built improvements. The required shore yard setback and the required front/street yard setback are creating a pinch point on the parcel and leave a diminutive by-right building area. This document shows no feasible alternatives are present for a by-right building envelope on the subject parcel without some variance and complying with the standards would be unnecessarily burdensome in this instance. This document also helps depict the unique physical property limitation (e.g. proximity to 100-year floodplain/ordinary high water mark) on the lot that is creating justifiable hardship. While the proposed location does require variance it appears to be the least visually impactful area on the site and the immediate neighborhood. First, the proposed two- story design is attempting to maximize the functional footprint of the home while achieving size and density benchmarks required by the neighborhood covenants for new dwellings. Second, the proposed 200 square feet at-grade patio will allow the subject parcel to utilize the area for outdoor recreational purposes while maintaining a negligible profile and uninterrupted viewscapes from the neighboring properties. Overall, there will be no harm to the public interest with this plan. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance as requested. Attachment to BOA Packet 12/11/19 3809 Shorebird Court I I i ' Jf/ o, fi ai e� m Nlr yr r X 4' t r C ul�Itl�i�� AWA View of subject property looking southwest Page 3 Attachment to BOA Packet 12/11/19 3809 Shorebird Court ff in M r„ µ t View from subject property looking south Page 4 Attachment to BOA Packet 12/11/19 3809 Shorebird Court Ma iR View from subject property looking east Page 5 Attachment to BOA Packet 12/11/19 3809 Shorebird Court dry. U �n 4 x s i 4xu m r, a 1 f View from subject property looking north Page 6 Please Tyne or Print in BLACK INK Return to: Department of Community Development OIFCl1 I 215 Church Ave. On 1H[VMt[N P.O.Box 1130 Oshkosh,WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete reproducible site plan (maximum size 11" 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: 3809 SHOREBIRD COURT OSHKOSH WI 54904 Petitioner: THOMAS ZILLGES Home Phone: 920-379-9923 Petitioner's Address: 3815 SHOREBIRD COURT Work Phone: Signature Required; Date: 10/16/2019 Owner(if not petitioner): TIMOTHY ZILLGES Home Phone: 920-376-1000 Owner's Address: 8699 NEWMANN LANE LARSEN WI Work Phone: Signature Required: EE Date: 10/16/2019 In order to be granted 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: I AM THINKING OF BUILDING A NEW HOUSE ON THIS LOT. I NEED TO HAVE A 50 FOOT SET BACK FROM THE HIGH WATER MARK TO GET THE SIZE OF THE HOUSE (SQ.FEET) REQUIRED BY COVENANTS OF THIS SUBDIVISION. THE SET BACK CURRENTLY IS 75 FT FROM THE HIGH WATER MARK. Page 7 2, Describe how the variance would not have an adverse effect on surrounding properties: I OWN THE HOUSE AND LOT IMMEDIATELY ADJACENT TO THE WEST SIDE OF THIS LOT AND I HAVE NO PROBLEMS WITH THE SET BACK. THE BACK SIDE OF THIS LOT IS MARSH WHICH IS COMPLETELY UNBUILDABLE. THIS LOT HAS BEEN FOR SALE FOR OVER 10 YEARS. 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots of- structures: IN ORDER TO BUILD A HOUSE ON THIS LOT I NEED A 50 FOOT SET BACK WHICH WOULD REQUIRE A VARIANCE. THE HOUSE ON EITHER SIDE HAS A 75 FOOT SET BACK AND I HAVE NO PROBLEMS WITH THE 50 FOOT SET BACK. 4. Describe the hardship that would result if your variance were not granted: THINK WITH OUT THE 50 FOOT SET BACK THE LOT IS UNBUILDABLE AND THERE WILL BE MININMAL DEPTH TO BUILD A HOUSE. THIS WILL DEPRIVE ME OF THE ABILITY TO BUILD A HOUSE. Page 8 o � �I a' fA Nl CIO 1 i f .d J E� d JrS a V�� ' � BYAPPLICANT Page 9 rc m ------------- ,r �i Page 10 6 10z/0e/6 ::��JF-NOUVAglg 9 1 9z-� /.d99N0 lNl o0 6A I Hill 00 I N< Page 11 6 10 To-- /6 [D OS 1 2-� I g 19Z�� /W99NOI 9N1]l OL F1 K- i 4 n Ie hIA y 3 �I4 dU °� U 0 5I4 �e n =h d qulo u r� Page 12 6 I oVoe/G ' -t7 112J001� CINz . aaa Nib yu> Q b _ O O o � O O Bm Ox O' V' 4.5 fix F a_3 r»'C..� j fi"``3l �,y Ems✓ i vas s 4' v�- h. €v�G's�b'; Page 13 BOA RYAN W/MEAGHAN REDDY MICHAEL L/LISA A SCOTT 3809 SHOREBIRD CT 2440 SHORE PRESERVE DR 3805 SHOREBIRD CT 12-11-19 OSHKOSH WI 54904 OSHKOSH WI 54904 TIMOTHY L ZILLGES THOMAS L ZILLGES REV TRUST NORTHSHORE PROP.OWNERS ASSOC INC 8699 NEUMAN LN 3815 SHOREBIRD CT 3865 SHOREBIRD CT LARSEN WI 54947 OSHKOSH WI 54904 OSHKOSH WI 54904 Page 14 38 � ' op , psp�S p' T 0 / �2s pp �a O C \ m � cry 1 06 Kati s� ti �a 00 oo. �tQ so 10 oo, sp p 113 c,6 1y010 1 \\ A 0�0 00 o Q ('') w 60• � S 3!o p0 26.00 P m N , 4 6 G 3 3344 N 1 in=0.01 mi 1 in=70ft City of Oshkosh maps and data are intended to be used for general identification purposes only,andXI y the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 11l8l2019 CSIICC)Sl www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mO a ge 15 User:katieb 4 i � a a s � 3 INi i Alt "� T r _ K M x p a e Sk y . rn,i �y` N 1 in=0.01 mi � �.. r 1 in=70 ft F- City of Oshkosh maps and data are intended to be used for general identification purposes only,and C H the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 11/8/2019 � �� www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI 7GISRanningRan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxIP age 16 User:katieb Iz .......... Y 45 T-- .................... ........... ..... ................ S 0 SR-5 DR-6-PD MULTIPLE SMU-P MR-12-PD I-PD UP $R';5-P-D A V MR-12-PD 45 SR-3= D UI-PD 8R.5 ti II Q CID NMU-PD ............................. ....... . .......... N I in 0.15 mi 4 1 in=800 ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and city- the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 11/8/2019 www.ci.oshkosh.wi.us/G]Sdisclaimer Prepared by:City of Oshkosh, WI Oshkosh J:\GIGPlanningRan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxdP age 17 User:katieb