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Home My WebLink AboutItem IPLAN COMMISSION STAFF REPORT AUGUST 4, 2020 ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A WINDOW CLOSURE AT 1936 OREGON STREET GENERAL INFORMATION Applicant/Owner: Frank and Kim St John Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow for a window closure on the front facade at 1936 Oregon Street. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(B) (1) Existing window openings on the front facades including gables shall not be closed or filled (totally or partially). Property Location and Background: The subject property is a residential lot located at 1936 Oregon Street and is approximately 7,500 square feet in area. The property contains a 1,874 square foot 1.5 story single-family residential structure which was built in 1920 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single-family uses. The immediate properties on the north, south, and west sides of the subject property are single-family uses. The property to the east of the subject site is a two-family residential use. The subject property as well as the immediate surrounding area are zoned Single Family Residential District (SR-9). Planning services staff issued a correction notice to the property owner on September 25, 2018 for work done without building permits. At that time the owner closed one window opening and significantly reduced another opening on the front facade. The owner spoke with staff and found out that a design standards variance was required for front fagade window closures and window area size reductions. The owner then submitted an application for a design standards variance on October 11, 2018 and was granted that variance at Plan Commission on November 20, 2018. The owner corrected the work and followed all of that variances conditions, but there is no record of a building permit ever being applied for. This may have been a miscommunication between staff and the owner. The owner is now requesting to close one window and change the dimensions of another on the front facade, which will slightly increase one window's size. This will however reduce the overall window/door area on the front facade. The owner has been working with planning staff on obtaining a permit for these windows along with other window replacements that have taken place in the past without permits. ITEM 1-7936 Oregon Street. - Design Standards Variance Paqe 1 Subiect Site Existing Land Use Zoning Single -Family Residential SR-9 Adiacent Land Use and Zoning Existing Uses Zoning North Single -Family Residential SR-9 South Single -Family Residential SR-9 East Two -Family Residential SR-9 West Single -Family Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Plan 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 standards for front facades of these structures. Standards require property owners to maintain window and door openings on front facades. The intent of both applicable ordinance standards is to maintain some architectural integrity and prevent the creation of blank, monotonous front 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. ANAT VCTPI The applicant is requesting a design standards variance for one window closure on the front fagade. It is proposed that the adjacent front window be replaced by a window of a different ITEM 1-7936 Oregon Street. - Design Standards Variance 2 Paqe 2 dimension. The proposed window replacement is slightly larger than the existing window but the overall window/door area will decrease by approximately 15.7% because one window is being closed completely. Windows 1 & 2 21" x 52" Windows 3 & 4 25" x 36" xisting Front Facade Windows 5 & 6 5" x 63" (window 6 eing removed) Door 36" x 81" Proposed Front Facade Example of window closure and new 38" x 41 1/z" window (15.7% decrease in window and door area) The previous and new front fagade window and door sizes are as follows: 1936 Oregon Street Door/Window Openings Previous Size (w) x (h) New Size (w) x (h) Change Opening 1 (window) 21" x 52" No change Opening 2 (window) 21" x 52" No change Opening 3 (window) 25" x 36" No change Opening 4 (window) 25" x 36" No change Opening 5 (window) 25" x 63" 38" x 41 1/2" 0% Opening 6 (window) 25" x 63" Removal 100% decrease Opening 7 (door) 36" x 81" No change Total Opening Area 70 sq. ft. 59 sq. ft. 15.7% decrease Approx. Total Fagade Area 482 sq. ft. 482 sq. ft. No change Estimated % of Facade Area 14.5 % 12.2% 2.3% decrease According to the applicant, the reason for the original window area closure and window replacement is that the original windows are rotted, allow heat to escape and are too long and narrow; going too close to the floor. The applicant believes the new shorter length replacement window will make the front of the home more appealing and fit better with other homes in the neighborhood. The applicant added that the new window would allow for more sunlight to come in and help heat the home. ITEM 1-7936 Oregon Street. - Design Standards Variance 3 Paqe 3 Staff evaluated all of the known work that has been done at this address. The modifications made from the previously approved design standards variance for window area size reduction allowed for a decrease in total window/door area on the front facade, below the required 25%. Staff feels that lowering this percentage even more, from the current 14.5% down to 12.2%, is a further deviation from the code standards and is the opposite of what they would want to see for home in this scenario. Staff would prefer to see a larger window arrangement on this corner of the home, possibly met with a bay window or something similar, and not a window closure. Staff believes that the current window dimensions above the porch, or something larger, provide more sunlight now than if this variance was approved and one window was closed. Staff does not support a variance to close one window on the front fagade at this address. In arriving at a recommendation staff considered the following: • Impact of the existing modifications on the architectural integrity of the home • Potential impact on neighborhood character • Exterior building design standards for front facades RECOMMENDATION Staff recommends denial of a variance from the City's Residential Design Standards to allow for one window closure on the front facade at 1936 Oregon Street with the following finding: Finding: The variance will be contrary to the public interest because the decrease in window area will adversely affect the structure's architectural design, the neighborhood character, curb appearance of the block, and would be a further deviation from the code. ITEM 1-7936 Oregon Street. - Design Standards Variance Paqe 4 Please Type or Print in BLACK INK cay of CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: V i rm Petitioner's Address: 193L.UEUM . City: State:(&)X Zip: 4Y-20-1.) Telephone #: (7JV) QLS3Q5qS Fax: ( Status of Petitioner (Please Check): Owner ❑ R Petitioner's Signature (required); Other Contact # or Email: ❑ Tenant ❑ Prospective Buyer Dater _ PROPERTY OWNER INFORMATION, Owner's): Scum rXb aue Date: Owner(s) Address: Telephone #: ( Fax: ( City: State: Zip: 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 postponed by the Planning Services Division for incomplete submissions or other administrative reasons._ r1 Property Owner's Signature: SITE INFORMATION Address/Location of Proposed Project: Proposed Project Description/�,ri: ��Cec— Gam% Ci f ✓iC� /� /4 ce _ Current Use of Property: Zoning: 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 Paqe 5 1. Explain in detail your proposed plans and why a variance is necessary: 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): L AI Paqe 6 4. Describe why the intent of the design standards have been incorrectly interpreted (if applicable).. 1t _ .11, .. 5. Describe why the design standards do not apply to this particular project (if applicable): 6. 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Those using the f information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 71112020 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 jeg�icar SUBJECT SITE ow 0 ImmI . );C ey p�i ♦ �` F.'',y is �; � 40 Y. 6 IJ +y � +��' `� , x'�.'"•'..•..�<, j .j"'+.."�,v�z�`,r�"�a4 77 } i� pig rrr i� K rox. 7 5 n L . t: 22 yak 4b, �'� �' F� �� ,4 3•r'4,r 'ifr � s T VR t ` )`� I: � '> LY 3' Syr}$- ';t�.,• i ,� , : ! - .�,� : }tom ,�7F• Ve, �•,. �. v zr��x` :. �> � � n Aga Yi Ad 9U • R • STREET N 1 in = 0.02 mi A tin=100ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and (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: 71112020 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:]teKsicar