HomeMy WebLinkAboutItem IPLAN COMMISSION STAFF REPORT MARCH 17, 2020
ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW
CLOSURES ON THE FRONT FACADE AT 603 CEAPE AVENUE
GENERAL INFORMATION
Applicant: Gary Gonia — Gibson Roofing
Owner: Mike Brefczynski
Action(s) Requested:
The applicant is requesting approval of a variance from the City's Residential Design Standards
to allow window closures on the front facade at 603 Ceape Avenue.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-241(B)(1) Existing window openings on front facades including gables shall
not be closed or filled (totally or partially).
Section 30-241(D)(3)(c) Exterior patchwork, repair, or reconstruction that results in a
multi -textured or multi -colored effect or an appearance not
consistent with the overall design character of the original
structure is not permitted.
Property Location and Background:
The subject property is a residential lot located at 603 Ceape Avenue and is approximately 7,700
square feet in area. The property contains a 1,982 square foot 2 story two-family residential
structure which was built in 1920 according to the City of Oshkosh Assessor website. The
surrounding area consists predominately of single and two-family uses and mixed commercial
uses. The immediate properties on the north, east and south sides of the subject property are
single-family uses with varying character and similar scale. The property across the street to
the west is a two-family use. The subject property and all properties immediately surrounding
it are zoned Two -Flat Residential-10 (TR-10).
The applicant recently closed off the previous transom window and sidelights adjacent to the
front door. The work was done without a permit or Plan Commission review. Due to the fact
that the applicant eliminated windows on the front facade, a design standards variance is
necessary.
Subject Site
Existing Land Use
Zonin
Two-family Residential
TR-10
ITEM 1-603 Ceape Ave. - Design Standards Variance
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Adjacent Land Use and Zoning
Existing Uses
Zoning
North
Single Family Residential
TR-10
South
Single Family Residential
TR-10
East
Single Family Residential
TR-10
West
Two Family Residential
TR-10
Comprehensive Plan Land Use Recommendation
Land Use
2040 Land Use Recommendation
Light Density
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 "Existing window openings on front fgades including gables shall not be closed or
filled. " These standards seek to prevent blank monotonous facades on the front facades of
residences. Oftentimes these front, street facing facades are the most prominent portions of the
properties. The standards also include the regulation prohibiting "exterior patchwork, repair,
or reconstruction that results in a multi -textured or multi -colored effect or an appearance not
consistent with the overall design character of the original structure." This intent of this
standard is to prevent piecemeal patchwork use of materials on facades.
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.
ANALYSIS
The applicant removed the previous transom and sidelights that were around the front door on
the front fagade. The applicant also removed and replaced the front door. The work was done
ITEM 1-603 Ceape Ave. - Design Standards Variance
Paqe 2
without zoning or inspections approval or Plan Commission review. The applicant had
conversations with Planning Services staff regarding the modifications to the front facade.
Planning staff informed him that staff could not issue a permit by -right due to the front facade
window closures and that Plan Commission review and a design standards variance were
necessary.
603 Ceape Windows
Previous
Current
% Change
Door
32"x 80"
32"x 80"
No Change
Window 1
40"x 54"
40N 54"
No Change
Window 2
40N 54"
40N 54"
No Change
Transom
10"x 48"
0
100% Reduction
Sidelight 1
6"x 48"
0
100% Reduction
Sidelight 2
6"x 48"
0
100% Reduction
Window 3
24N 48"
24N 48"
No Change
Window 4
24"x 48"
24"x 48"
No Change
Window 5
24N 48"
24N 48"
No Change
Total Window/Door
Area
79.11
sq.ft.
71.78 sq.
ft.
9.27% Reduction
Estimated % of
Facade Area
(Windows/Doors)
15.07%
13.67%
Windows to
cover 1.4% less
facade area
Windt
Transt
sidelii
sidelii
❑oar
Window 5
Window 4
Window 2
Window 1
ITEM 1-603 Ceape Ave. - Design Standards Variance
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Previous Facade (Above)
Current Facade
The above iinages show the original condition of the facade with the previous entry door and surrounding
sidelight and transom windows contrasted with the current appearance of the fagade with the window
area closed off aiid a iiew door installed in its place.
Staff has had some in person and phone discussions with the applicant. Staff attempted to
reach the applicant around 2:15 pm on February 21st and left a voicemail asking the applicant to
call back so staff could obtain window dimensions from the applicant. Staff did not hear back
from the applicant. Therefore, all window/door sizes in the above table are staff estimates
based on images. Staff generally asks for window and door areas for the fa�ade(s) in question
either at the time of application submittal or afterwards during the process of preparing a
recommendation.
In the petitioner's application, he stated that he removed the existing door jamb, windows,
threshold, replaced a 2x10 threshold, installed a 2x4 header, 7/16" plywood, new door and jamb
ITEM 1-603 Ceape Ave. - Design Standards Variance
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and sided the area. The applicant did not provide much rationale for why the variance was
necessary except to say that, "Replacement of front door is cause of variance."
Staff evaluated the completed work previously described and the impact on the design of the
home 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 impact of the completed modifications on the architectural integrity of the
home
• Potential impact on neighborhood character
• Whether the proposed work met the intent of the Residential Design Standards
Staff considers the work the applicant has completed to be a change to an existing building
under the zoning ordinance. Per Section 30-241(D)(1) a change includes any alteration to
existing architectural features (in this case windows or doors) on a wall plane. After evaluating
the petitioner's application, examining the property and surrounding context and discussing
the property internally, staff is of the opinion that the completed work has had a detrimental
impact on the architectural integrity of the front facade. The work is a reduction of window
area. Perhaps more importantly, the work is an example of the patchwork use of materials and
trim that the ordinance intends to prevent. The facade in its previous condition did make use of
two main siding materials before. However, the previous windows and entry door broke up
the area and the white trim tied in with the white trim of the other windows on the facade. The
current siding appears to be vinyl and adds a third siding material and texture to the facade.
The brown trim (possibly wood) around the door stands out from the other materials on the
fagade. The addition of materials and textures not consistent and not complementary to the
remainder of the facade creates a patchwork scenario inconsistent with the intent of the
ordinance. Staff does not support the variance request with the work as completed.
RECOMMENDATION
Staff recommends denial of a variance from the City's Residential Design Standards to allow for
window closures on the front facade with the following finding:
Finding:
1. The variance conflicts with the letter and intent of Section 30-241(B)(1) and Section
30-241(D)(3)(c) of the Zoning Ordinance and the applicant has not provided
sufficient justification for the variance request.
ITEM 1-603 Ceape Ave. - Design Standards Variance
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Please Type or Print in BLACK INK
CITY OF OSHKOSH
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMATION
Petitioner: 6,0 9 Y & 0
Petitioner's Address: % -�9;5 C.T n? A R R C N CT,
Telephone #: (Q)0) '2q� 3/.A7 Fax: ( )
City
OW
Oshkosh
SOnLJ o a
City: State: (y1r Zip:s•2
Other Contact # or Email:
Status of Petitioner (Please Check): ❑ Owner A Representative ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required): 01 ,, Date:
PROPERTY OWNER INFORMATION
Owner(s): C 1_ IKtf, L A If J L L_V Y may, `' Date:
Owner(s) Address: 'C3 � City: r JJ 1 State: Zip: 5qq0
Telephone #: (qj@ti) c 33' 7 Fax: ( ) Other Contact # or Email:
Ownership Status (Please Check): Individual ❑ 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 posf ned by the Planning Services Division for
incomplete submissions or other administr4ve reasWs. ��
Property Owner's Signature: V
SITE INFORMATION
Address/Location of Proposed Project:
Proposed Project Description:
UL
Current Use of Property:
i
Zoning:
Date: �J
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:
1) 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 6
1. Explain in detail your proposed plans and why a variance is necessary:
op ) CX d
a an
2. Describe how the variance would not have an adverse effect on surrounding properties or
curb appeal of the neighborhood:
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):
Page 7
DSV AARON P/SARAH A PALMER ALBERTA NEVE/CASSANDRA BRAITHWAITE
603 CEAPE AVE 519 S WESTFIELD ST N3018 US HWY 12 & 16
PC: 03-17-20 OSHKOSH WI 54902 MAUSTON WI 53948
BREFCZYNSKI INVESTMENTS LLC CLARENCE E KOCH ELISABETH CARTER
3438 CHARLIE ANNA DR 315 LAMPERT ST 57 BAY ST
OSHKOSH WI 54904 OSHKOSH WI 54901 OSHKOSH WI 54901
JOLEEN G SCHNEIDER MARY K SCHMUDE MARY L ULRICH
54 BAY ST 612 CEAPE AVE 60 BAY ST
OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901
MD'S REMODELING & HOME IMPROVEMENT LLC MICKEY P/SARA E OLEARY PAYTON VENTURES LLC
2355 HICKORY CT 611 CEAPE AVE N5360 BLACKBIRD RD
OSHKOSH WI 54901 OSHKOSH WI 54901 BEAVER DAM WI 53916
RICHARD F PFEIFFER KATHY WEBB TAMMY HACKETT
3624 EDGEWATER LN 543 OTTER AVE 349 BOWEN ST
OSHKOSH WI 54902 OSHKOSH WI 54901 OSHKOSH WI 54901
GARY GONIA / GIBSON ROOFING MIKE BREFCZYNSKI
155 CIMARRON CT H 603 CEAPE AVE
OSHKOSH WI 54902 OSHKOSH WI 54901
Paqe 8
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and
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
www.ci.oshkosh.wi.us/GlSdisclaimer
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Printing Date: 2/13/2020
Prepared by: City of Oshkosh, WI
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City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 2/13/2020 of
information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
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