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HomeMy WebLinkAboutItem IIPLAN COMMISSION STAFF REPORT AUGUST 18, 2020 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A WATERFRONT YARD SETBACK NOT CONSISTENT WITH THE PREVAILING BUILDING SETBACKS FOR A NEW HOME ON AN INFILL SITE AT 0 (3074) 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 waterfront yard setback not consistent with the prevailing building setbacks for a new home at 0 (3074) 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: ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance 1 Paqe 1 The subject property is a vacant residential lot located at 0 (3074) Lake Rest Lane (above image) 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 waterfront setback than the adjacent properties on the south and a lesser waterfront setback on the north. Since the home would deviate from the prevailing building setbacks found along the block, Plan Commission review and a design standards variance are required. ----_ -- un =Luun,� I i The above elevations show the home the applicants would construct on the subject parcel. The Plan Commission originally reviewed the variance request at the October 1, 2019 Plan Commission meeting. The applicants originally proposed to locate the home 30 feet from the northern waterfront property line. Several neighbors submitted their concerns to staff prior to ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance Paqe 2 the meeting and spoke regarding their concerns at the meeting. The main concern was the proposed 30 foot waterfront setback on the north of the property. A number of neighbors were present and spoke at the meeting. The neighbors that spoke at the meeting were not comfortable with a 30 foot setback from the lake, but expressed support for a 50 foot setback. They cited potential impacts that the home's placement and massing would have on the views and character of the neighborhood. The Plan Commission asked the applicants if they were willing to work with the neighbors and consider an acceptable compromise on the home's siting. The applicant stated that this would require hire to make substantial changes to the design of the home. The Plan Commission then denied the variance request. Since the October 1, 2019 denial, the applicants have worked with staff to account for the neighbors' concerns. Planning Services and Public Works staff met with one of the applicants on -site to discuss the home's placement. The applicants have shifted the house so that it is set back from the north waterfront property line by 52 feet instead of the original 30 feet. The applicants and their designer also altered the site plan to ensure that no part of the house extends into the utility easement on the east side of the parcel. They have now re -filed for a design standards variance. Subject Site Existing Land Use Zoning Vacant Residential SR-S-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-S-LRO West Single Family Residential SR-S-LRO 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, "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 ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance Paqe 3 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. ANALYSIS The subject parcel is a corner lot fronted by water on the north and south ends and narrows towards the southern edge of the parcel. The narrow point of the subject parcel is approximately 54 feet wide and approximately 7 feet of this is covered by access drive. Additionally, a utility easement for the underground sanitary sewer runs approximately 14 feet onto the subject property. The Department of Public Works has stated that a construction easement runs an additional 5 feet onto the property beyond the utility easement. The 19 feet of easement area 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 107.8 feet from the waterfront property line on the south. This would ensure that they are out of the utility easement and into the buildable width of the parcel. The Department of Public Works has weighed in on the situation and proposal and stated that they will require the home (including all foundation footings and overhangs) to remain out of the 14 foot utility easement. Public Works will require an encroachment agreement for a portion of the home to extend into the 5 foot construction easement. 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 submitted a site plan and elevations showing proposed window and door openings and materials for the home. The elevations will have to meet all applicable design standards. ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance Paqe 4 Property Waterfront Setback (South) Waterfront Setback (North) 0 (3074) Lake Rest Proposed-107.8' Proposed - 52' 3072 Lake Rest 66 feet 86 feet 3068 Lake Rest 76 feet 85 feet 3064 Lake Rest 56 feet 81 feet 3058 Lake Rest 49 feet 71 feet Prevailing Setback 61.75 feet 80.75 feet SR-5-LRO Setbacks (Principal Structures) Street 25 feet Side 5 feet Waterfront 25 feet Osh/osh r; LAKE WINNEBAGO j� 29' 16 Q `• 32' b Waterfront Yard A �fl SideYard J / �.a PORCH / ELEVATION 5' rADDIIIOI (:5MPO R) s _ VI _ 150.3 HOUSE '—PE 2. AP 3T ROOF � R NE GARAG 14 5•a � �' ALL FOI T NC Pt INSIDE TO BE _ Jar 195.71' f ri 1 14 r L ROOF LIJU ID ..... / : r'PET?f4ANENTE E• ' vc93�E,yz" PA CKING 7�� 30' 14 ► L , FENCE 4,5ERL REQUIRE `tt I THE CONTRACTO �RESPON ERCCONTROL RY USE OF Si LT R OR OTHER APPROVED M O I G, L ' C ULT I.LH.R. 21.125, I.LH.R AN OR FOR ANY QUESTIONS. 48 (\�►J n'SfQCKPILED SOIL MUST 8E _ \ WMH A TARP. EROSION CO PL/ OF THE STOCKPILE.. �6fP�rOnf e' Parcel Address$ rory 47' Alk., The above site plan shows the applicant's home overlaid on the parcel. The red and orange area shows currently non -buildable area (easements and setbacks). Without a design standards variance and ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance 5 Paqe 5 encroachment agreement with Public Works, the buildable area (particularly width) on the parcel is limited. In the case of the subject and neighboring parcels, no public right-of-way exists. A private access drive running across the parcels provides access to the properties. Since no public street exists, the properties do not have front yards. They each have two waterfront yards (since there is waterfront on their south and north edges) and generally two side yards for each parcel. The design standards variance request is to allow the proposed home to have waterfront setbacks not consistent with the prevailing building setbacks (see table and site map above). If the line- up provision in the design standards is applied, the applicants would have to shift the house to the south. This would afford the applicant approximately 30 feet of buildable width on the parcel (see above site plan). Further north as the parcel widens, the applicant would have approximately 37 feet of buildable width. The presence of the easements on the parcel and the parcel's narrowing towards its southern edge coupled with the large prevailing setbacks under the line-up provision in the ordinance significantly restrict the buildable region of the parcel. 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 applicants, 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 Staff received a number of phone calls from neighboring property owners regarding the variance request. Some of the property owners had concerns regarding the proposed variance. Two property owners submitted letters in support of the variance request. A number of neighboring property owners have kept in touch with staff and the applicant during the variance 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 code, the proposed home would have to be placed approximately 21 feet off of the private access drive. The lot is approximately 54 feet wide at this point with 24 feet of easement and setback area. The applicants would have to maintain a minimum 5 foot side setback and the 14 feet of utility easement. Public Works may allow them to build in the construction easement with an encroachment agreement. This would allow approximately 30 feet of buildable width on the lot at this point. In shifting the house up approximately 46 feet past the required south waterfront setback the applicants would have enough room to construct their home while maintaining the required side setback on the west side and the utility easement on the east side. Based on discussions with the Department of Public Works, the applicants would still require an encroachment agreement to construct in the construction easement. ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance 6 Paqe 6 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 (3074) Lake Rest Lane with the following conditions and finding: Conditions: 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. 4. Applicants shall obtain any required encroachment agreements and departmental approvals before building permit issuance. Finding: 1. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. ITEM 77 - 0 (3074) Lake Rest Lane - Design Standards Variance 7 Paqe 7 Please Type or Print in BLACK INK cit y CITY OF OSHKOSH QShkoSh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INfORMATION Petitioner:El"kA Ccfa h✓IPt i/ l'°Cl Date: %" Petitioner's Address: t 4-S Ir1 City: ,) 4 T9 O i`j State: Zip: ® i Telephone #: (f) :? 33 - ,I;?b Fax: }��� Other Contact # or Email: Status of Petitioner (Please Check): X Own e iD Representative D Tenant ❑ Prospective Buyer Petitioner's Signature (required):e� - Date: PROPERTY OWNER INFORMATION Owner(s): rttC e Date: Owner(s) Address: 19Y5 walrivtCity: bSS , State:k�-i-- Zip: . +?01 Telephone #: C) 33,-! R IQ 9 Fax: ) ; ®� Other Contact # or Email: Ownership Status (Please Check): o Individual Xtrust L 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 Signc SITE INFORMATION Address/Location of Proposed Project: Proposed Project Description: Date: IT P7- A C Current Use of Property: Q Zoning: �.=es 1-eL In order to be granted a variance, each applicant must be able to prove, in the judgment of the Oshkosh Plan Commission, that of 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 8 1. Explain in detail your proposed plans and why a variance is necessary: We applied for a variance in the summer of 2019. The variance was denied. To closer meet the recommended distancing we needed to narrow our house plans, which we did. As it stands now we were able to locate the front of our house 50+ feet opposed to the 30 foot lake front distance asked for in the first variance. Because the property is a corner property with utility easements, we are very limited on spacing. We have made very costly adjustments and met what we believe is the concerns of the neighbors and the fact that the city has now granted us the ability to exit out of the south end of our property versus the east side which they first said we needed to do. 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: The construction cost will be in the $250,000 range which we believe blends well with neighboring dwellings. 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): The dwelling will be a 2 story newly constructed home. I have attached evaluation plans and site plans. Paqe 9 4. Describe why the intent of the design standards have been incorrectly interpreted (if applicable): We don't believe there are any. 5. Describe why the design standards do not apply to this particular project (if applicable): We believe there are none. 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): It will be impossible to build because of the easements that pertain to this property. Paqe 10 We are Mike & Rosemary Sammons. We have been married for 54 years and have 2 children and 4 grandchildren. We have lived in Oshkosh all of our life. Our dream is to build a new home. My wife asked for 3 things, the rest I could plan. # I was in floor heat. #2 many safety rails in the restrooms and by the steps and a roll in shower should the day come when we would need it. (Now it's starting to sound like an old folks home). But her main request was a screen porch where she could sit and read and hopefully hear waves splashing on the shore. She loves to read. When we purchased this lot there was an old summer cottage which Mike and our son Wade tore down. The driveway exited to the south towards the channel. When we decided to build we went to the city and began with zoning. They gave approval. We next went to the building department. After a week and a half we inquired if there was a problem. They said we needed to go back to zoning. At that time we were informed our address had been changed. I asked why and they said because we did. I said what does that mean. They said our driveway would have to exit to the east. I again asked why. The answer was because you have to_ In order to gain excess and line up with the garage we needed to push the house 30 feet from the water's edge. In doing this we did not align with the other properties along the lake shore and the variance was denied. We have since been informed in writing we may now exit to the south. Because of a sewer and water easement we needed to redesign our home which we have done. Over the years we have always maintained the grass, Mike has planted numerous flower beds, constructed an 18 hole Martin House and a flag pole. It's almost like a park setting. We understand that nobody wants to loose a park, especially our neighbors. Should we ever get to build and live there it is Mike's intention to enlarge the existing flower beds, plant new flower beds and hopefully a small vegetable garden. It is our hopes that most people will agree with this situation and we will be able to enjoy the last few years of our lives there. Thank you for your consideration. Paqe 11 EASEMENT EXHIBIT LOT G AND PART OF LOT F, BLOCK 1.1 REPLAT OF LAKE REST MANOR, 14TH WARD. CITY OF OSHKOSH, WMNEBAGO COUNTY NTSCONSIN. AND A TRIANGULAR SWAPED PARCEL OF LAND IN LOT F. BLOCK I, REPLAT OF LAKE REST MANOR. 14TH WARD, CITY OF OSHKOSH. WINNEBAGO COUNTY, WISCONSIN AND DESCRIBED AS FOLLOWS', BEGINNING AT A POINT OF INTERSECTION OF THE NORTHERLY LINE OF LAKE RGST LANE AND THE CASTERLY LINE OF' LOT F: THENCE S27°0T47"W 48 FEET MORE OR LESS TO THE SHORE OF .A DREDGED CHANNEL; THENCE SOUTHEASTERLY ALONG THE SHORE OF THE DREDGED CHANNEL TO A POINT ON THE SOUTHERLY EXTENSION OF TI IE EASTERLY LINE OF LOT F; THENCE NI 1°29TWE ALONG THE EASTERLY LINE OF LOT F TO THE POINT OF BEGINNING. Tnx Panel 91415710000, Survey for Mike Sammons, 3084 Lake Rest Lane, Oshkosh, WI 54901 IV Do (3g3Si Dis PPRT OK 1 (NS V r �- m 1$33 N 3�3 152�� 28`g3 5Io I I I~ \ NS 858 w95co zj �°"(N N lNa o2B q1 N�8 I I � S p0 3 PNp�Ry\N� o � w I W o wlalot e n to 6� ul I I C the 8 W ul tl11 ale dad ee nt tO COt CIDee 3 ° O/Ote J°'Ot PND PS.I.OSF I U I I I �a emeht SshOIVh 'n hdO Of9 Q I I '�-• m I I Z SURVEYOR'S CERTIFICATE „ 1� Z 6T rQ The property shown and described p PR j _ MI ui I 1 I Z, on this map was surveyed under my 1N o(i V �EROPo I I I ^ direction and control according to w1, the Wisconsin Administrative Code, Z I ^ Chapter A-E7 of Minimum w I I ( , coo Standards for Property Surveys and LL I I is a true and accurate representation of said survey, to the best of my LL ~ knowledge and belief. This survey v. O to 0 ,� 1 CV) is not valid unless it has the original GO M w I Ir I` seal and signature iM C to 3: W zl o� E10 1,' Lu`tSnp L% lz U_Wisconsin Professional r.a:%.L.V. afn� / d Mw"IMI SurveyorO�FI CV SLOG 6Rr OW LbN Z Wr •,(� .....ti �: w I i '• THOMAS M..•..*r U)I KROMM Z S-2062 l � ,.APPLETON WI lq h� (SSeo '' •., L% I 'rrl rl111`A I II I eLo% o SUR ¢I ------- LEGEND-------- NET RY >- I I I ■ = 1.3" O.D. Iron Pipe Found qTE� qN Q I (p Unless noted otherwise ti 4lMlTS n?q/A/� � I �I N Jrt = 3/4"' Iron Rebor Found ti CFRFF B NORT SEMEN < I `~ ( J = Measurements of Record 667 5,(6 ERFNCE� NF T r I J I • = Railroad Spike Found \ ('S?°' Jrs9 /IT t SAN— s4N—= Existing Sanitary, as marked y b Diggers Hotline, June 2020 SgN'ANp �� NS s2 o�i z = Existing Watermoin, as marked S56\EgT RFpF S `S 17(�fo rr by Diggers Hotline, June 2020 .9 SR3po� \ S\S 16/ 0, 0�8 I N ;1 I \ e E NF SS \ S 4 sa Bgy,>7F3 I ph E o /ter 4 I eROgo �+ slN I BEARINGS ARE REFERENCED TO NORTHERLY LINE OF LAKE REST LANE RECORDED AS NW0900"W H: \DmkK1_S-EPW_Sammons_0615_2020 KROMM LAND SURVEYING LLC. �� _ 200 PROSPECTOR COURT il" KAUKAUNA, WI 54130 o0cK ^mar I �, `i j 920-996-9649 L-3270 14, Kronim2O62@Gmail.com I Krom2062@Gmail.com CO Page 12 _OT AREA 14785.37 SOFT 3337.32 SQFT DEWALK AND JH 1426.31 SQF i ROAD 1943.77 SQFT 147.74 SQEI ;VIOUS AREA 6855.14 SOEI 7392.69 SQFT )S AREA 46.36 SQFT Paqe 13 July 27, 2020 To Whom it May Concern: We, the undersigned, are joint owners of 3098 Lake Rest Lane. We are the direct descendants of the Roe Family that has owned this "Lake Rest" property since the 1870s when it was the Roe Family Farm. Kathleen floe Mortell and our family have known Mike and Rosemary Sammons since they become our next door neighbors in 1982. Throughout the years, they have been great neighbors — helping us with projects and watching out for our property since our families are now scattered from Madison, Wisconsin to Florida and California. Recently, Mike helped us identify an Oshkosh roofing contractor {who is 5 star rated}_ We heard from Mike Sammons that he has received opposition from several neighbors who are trying to get him not to build a new home on his property in Lake Rest. When Mike bought the property in question, it contained a dilapidated eyesore of a cottage that Mike removed. Since then, the open property has been carefully maintained in an empty condition, with regular mowing and planting of flowers all summer long. It is disappointing to us that some of the neighbors who themselves bought old cottages, tore them down and built modern homes, are objecting to the Sammons doing the same on the property they have owned for decades. We desire nothing more than to have Mike and Rosemary construct a new home and remain our neighbors for many years. They are good people and excellent neighbors and we support their right build on the property they own. Sincerely, f Kathleen Hanlon Mortell, Paul Mortell and Jacqueline Mortell I-Mii embers of KRM LLC, owner of 3098 Lake Rest Lane Paqe 14 Steven Wiley Oshkosh Planning Services 215 Church Avenue 2nd Floor, Room 204 Oshkosh, WI 54901 Dear Mr. Wiley, August 5, 2020 We are writing in support of our neighbors Mike and Rosemary Sammons who have a "Design Standards Variance for a New Home" request on the Plan Commission Calendar for their property at 0 (3074) Lake Rest Lane, parcel #1415710000. Our family's vacation home is at 3090 Lake Rest Lane. The property has been in our family for over 150 years. Our mother's great-grandfather bought the Roe family farm in 1868 and her grandfather transformed it into Lake Rest Resort which offered vacation cottages on the shores of the lake. Over the years, most of the small cottages were sold off and rebuilt as larger modern homes. Our mother and her sister kept and rebuilt the last two cottages on Roe Point. In 1982, Mike and Rosemary Sammons became our next door neighbors, buying and upgrading the cottage at 3084 Lake Rest Lane. They have been wonderful neighbors. The property is well cared for and Mike is always ready to offer a hand, free advice, a name of a helpful local tradesman, or a good joke. Now that we siblings are scattered around the country, in Illinois, Ohio, Virginia, and California, Mike has been the man on the scene if anything needs attention on the Point. Mike and Rosemary have since purchased the adjacent property at 3074 Lake Rest Lane. As we have done, as all the other neighbors have done on Lake Rest Lane, the Sammons would like to build a modern home. Their plan strikes a balance between any concerns of other neighbors and their right to quietly enjoy the comfort of their lakeside property. We know Mike and Rosemary, we trust them, and we believe that their new home would be a wonderful addition to the neighborhood. Sincerely, Pete Diemer, Kathy Diemer Cosgrove, John Diemer - On behalf of the Margaret Roe Diemer Trust Paqe 15 Steve please print out copies for all Planning Commission members. Sammons August 2020 Letter from Joan In 1995 Dave and I purchased our property at 3072 Lake Rest Lane as the closest next door neighbors to Mike and Rosemary's current empty lot on which they wish to build a second lake home. That lot at the time, had a 2 story lake home that fit the lot, aligned with all the other homes and built away from the underground utilities. Our property contained a small original cottage from the one time resort area years ago. In 2007 we tore this down to build our current home. We fully complied with all the city rules requiring no variances including 8 foot side setbacks and alignment with the other lake homes. Flash forward to 2015, we retired and live full time at this address. That is when the relationship with Mr. Sammons quickly deteriorated. It started out with his backing out of his personal pontoon boat sale to us. We still have a signed written contract and the returned deposit of $1000 down, but he sold it on the Internet through Hergerts. We could have pursued taking him to court on the broken contract, but we wanted to settle amicably. It didn't end there. In my opinion, out of spite, he decided to build a narrow gang plank angled over on our property to deliberately block our pontoon boat in the channel, making it difficult to maneuver in and out of our parking space. The DNR ruled in our favor. From there he went on to taking us to court disputing lot lines which we also won, forcing us to spend needless money on redundant land surveys and court costs including a lawyer on our behalf. He has a history of anonymously reporting us and other neighbors about various issues, which he goes out of his way to find. Please feel free to verify this in your city records and DNR. Mike does not play fair in the neighborhood. He acts as if he is above the law, and rules don't apply to him. Case and point, several years ago he got approval to build a garage on his current lake property site. What it really turned into was an extra heated full bedroom with bath and sauna room, which is 4 feet from the shoreline that does not meet setback rules per city regulations. In my opinion, Mike is not interested in building a second lake front home next to his current one. He has repeatedly told others including city officials that his wife Rosemary doesn't really want to live here. Mike is interested in himself and bullying others to get his way, so in other words winning at all costs. I would bet we haven't heard the last from Mr. Sammons. He has contracted with Brady Johnston to update his shoreline with a seawall in the channel and last evening mentioned to me it won't end there, eluding that he has extended plans for that area. Whereas Dave and I can put this all in the past, no matter what the outcome of his building plans, he on the other hand will not rest until he gets his way and will not and cannot "bury the hatchet." Paqe 16 We wish to thank the entire commission for all your efforts on this proposal. Sincerely, Joan Ritmanich Paqe 17 DSV BRUCE M/ROSEMARY SAMMONS REV TRUST CAROL A SCHUENKE LIVING TRUST 0 (3074) LAKE REST LN 522 W MURDOCK AVE 3064 LAKE REST LN PC: 08-18-20 OSHKOSH WI 54901 OSHKOSH WI 54902 DAVID C & JOAN M RITMANICH REV TRUST 3072 LAKE REST LN OSHKOSH WI 54902 GREGORY S/JOANN POLLESCH 82 E WAUKAU AVE OSHKOSH WI 54902 MARGARET ROE DIEMER IRREV TRUST 4426 DUNEDEN AVE CINCINNATI OH 45236 FRAGALE TRUST 85 LAKE REST AVE OSHKOSH WI 54902 JOHN G SAMSTER JT REV TRUST 3080 LAKE REST LN OSHKOSH WI 54902 WITTMAN AIRPORT OSH 525 W 20TH AVE OSHKOSH WI 54902 GARY A OTTO/LAURIE A PAUNOVICH N31W23808 ROUGH HILL RD PEWAUKEE WI 53072 LEONARD C/IRENE UTTECH LIFE ESTATE 4628 SANDY BEACH LN OSHKOSH WI 54902 BRUCE M/ROSEMARY SAMMONS REV TRUST 1845 WALNUT ST OSHKOSH WI 54901 Paqe 18 0 0 M N O co �5. 12010 009 zOw� 8 00S0 20 r. � ° O ao pSS 3pSg 43.50 P a9 e 2x eQJP ^ p G♦`� \\ ap �05 154,36' ass 55 0 rl- 202.00' 10� y1 4 60 0 82 .0' 141.88' 90,00• 90.00' 90.00' 131.10' 2711 F-WAUKAU AV 95.0' 107.52• q4 285 29' 83 1.0'./- T o a _o V M © 278.55' 95.0' 108.12' J 203.12' II% 1, 1 011 I r r, r ��- N 1 in = 0.02 mi J —t� �ar�Y� I :.� f �� 1 in = 120 ft 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. 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