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Home My WebLink AboutItem IIPLAN COMMISSION STAFF REPORT JUNE 16, 2020 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA CLOSURE AND REDUCTION ON THE STREET SIDE FACADE AT 48 WEST 12TH AVENUE GENERAL INFORMATION Applicant/Owner: Jerry Perron Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow window area closure and reduction on the street side facade at 48 W. 12t" Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation 30-241(B)(1) Existing window openings on front facades including gables shall not be closed or filled. Property Location and Background: The subject property is a residential corner lot located at 48 W. 12th Avenue and is approximately 3,750 square feet in area. The property contains a 2,199 square foot 2 story two- family residential structure built in 1920 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two-family residential uses. The immediate properties to the north, south, east and west of the subject property are single-family properties. The subject property and immediate properties in the surrounding area zoned Two Flat Residential-10 (TR-10). On May 121''1 2020 the applicant applied for a residential remodel permit, including a Request to Change the Use of the Property from a Two -Family to a Single -Family, along with remodel plans for the lower and upper levels. Upon review of the remodel plans, Planning staff determined this design standard variance was needed because the plans called for removal of a kitchen window and size reduction of another window to allow for proper installation of new cabinets and cupboards. These kitchen windows are on a street facing fagade which is subject to the front facade design standards. Subject Site Existing Land Use Zonin Two-family Residential TR-10 Adjacent Land Use and Zoning Existing Uses Zoning North Single-family Residential TR-10 South Single-family Residential TR-10 ITEM 1148 W. 12th Avenue- Design Standards Variance Paqe 1 East Single-family Residential TR-10 West Single-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 zvhole, 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 standards for front facades of these structures. Standards require property owners to maintain window and door openings. The intent of the ordinance standards is to maintain some architectural integrity and prevent the creation of blank, monotonous street facing 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 is requesting a design standards variance for removal of one window for installation of cupboards and a size reduction of another window to accommodate use of a sink. The applicant explained that the closed up areas will be sided with existing vinyl siding so the color will match and further explained how the current window placement and length do not allow for a functional kitchen design. ITEM 1148 W. 12th Avenue- Design Standards Variance Paqe 2 Planning staff feel that the removal of the window does make the house appear more symmetrical on this fagade. Street side facades require at least 15% of its wall space devoted to windows and door openings. Currently this facade is at approximately 17%. After the proposed window removal and reduction, this facade will devote roughly 15% to that standard. Again, this removal and reduction in widows will allow for improvements to the kitchen. RECOMMENDATION Staff recommends approval of a variance from the City's Residential Design Standards to allow for removal of one window and size reduction of one window on the street side facade at 48 W. 12t', Avenue with the following conditions and findings: Conditions: 1) Closed window areas shall be resided with matching vinyl siding to maintain the existing appearance with the rest of the home. 2) Variance is only for window area closure and window area reduction mentioned in request. Future deviations from the residential design standards will require separate applications and plan commission review. 3) Area adjacent to window closure needs to have a minimum 30 points of landscaping and a final landscape plan to be reviewed by the Department of Community Development. Findings: 1) The variance will not be contrary to the public interest. 2) Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. ITEM 1148 W. 12th Avenue- Design Standards Variance Paqe 3 Please Type or Print in BLACK INK CITY OF OSHKOSH APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: ff ^,A cry of Oshkosh Date: C� Petitioner's Address: v I-M % e. lIcee j$c.— City: State: - Zip: Telephone #: (fly') / ! Fax: ( Status of Petitioner (Please Check): Xliwner ❑ Petitioner's Signature (required): PROPERTY OWNER INFORMATION Owner(s): l Other Contact # or Email: ' , �gt, �& tative ❑ Tenant ❑ Prospective Buyer Date: -5 _ y _c9 Date: 15/ 0 Owner(s)Address: /br �c�r�t'�� City: /'�-� State: p — Telephone #: (JA) _3 /;? ' / Fax: ( Other Contact # or Email: Y�-� �a&� 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 postponed by the Planning Services Division for incomplete submissions or other ad_r)*istrative reasons._., - Property Owner's Signature: SITE INFORMATION Address/Location of Proposed Project:Alt 0 } Date: Proposed Project Description: �+g ® % > cf,go.'�/ p C ®//x4e r�»�4- 4,,.; �4 G? l,L'e,_) lyezo A -_'r, �z K�"S C s��/7 ��c/ 4�i/2 L a� iCe. ✓t'/t� /"�c ass Current Use of Property: _ c1`i fe x 7 e e;L Zoning: %Ae 11e 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 Paqe 4 LLU�!M,,)DkIIVWIIIILm IVA III III v i i1q; A e— CL) 61 lt� ei-V Zvi I^ / 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: " fk- auoe- sivv-6-iia e"',11 01--7140�1 A / 64--t-- 716 e- 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): Paqe 5 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): 1 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): Cal U-e— a—C'e- LJ z5, 2 � 1-5 < 1-3,j o-g 2L-4L-5-� lew-�,L Paqe I '." MIN «M` � i CIO- AN fry Liu 0 it FA DSV JOSEPH N BASS DJLW PROPERTIES MANAGEMENT 48 W 12TH AVE 101 W 11TH AVE LLC PC: 06-16-20 OSHKOSH WI 54902 6634 LASLEY SHORE DR WINNECONNE WI 54986 THOMAS S FRANKS SHELLEY J GODING VA YANG 49 W 11TH AVE 41 W 11TH AVE 1116 NEBRASKA ST OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902 GREGORY K TAGATZ JAMES P WATSON JON J GAFNER 46 W 12TH AVE 40 W 12TH AVE 2968 JACKSON ST OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54901 CAROL KNIGHT JAMES K DEWING CKH PROPERTIES LLC 51 W 12TH AVE 45 W 12TH AVE PO BOX 1414 OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54903 PERRON PROPERTIES II LLC 1721 TALKEETNA RD NEENAH WI 54956 Paqe 10 N-rrJ r 2tu YJ '��l��`J J� N 1 in = 0.02 mi tin=120ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and C i y 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: 511912020 Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI J:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd P agElser:]teisicar RMU PDPD V! mil 011111MMMINIIIIIIIII l SUBJECT SITE b9Iftv y rl r IN f r 2tu YJ T')-fF rWrM J� 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 N 1 in = 0.02 mi tin=100ft Printing Date: 5/19/2020 Prepared by: City of Oshkosh, WI Ciiy of Oshkosh r J:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd P agElser jeg�icar