HomeMy WebLinkAbout2004-Letter (legal nonconforming driveway) aey ot o:ntosn January 15, 2004
O Dept. of Community Development
� 215 Church Ave., PO Box 7730
Oshkosh,WI 54902-1730 JACKSON R.KINNEY
(9201 236-5055 Director
OJ}-�H 19201 236-5053 FAX
ON THE WATEF http:llwww.ci.oshkosh.wi.us
Bill Manske
Manske Law O�ce
300 Division Street
Oshkosh W154901
RE: Legal Nonconforming Driveway between 1219 and 1223 Liberty Street
Dear Mr. Manske,
It is the City's understanding that a legal nonconforming driveway currently exists between the two
properties, serving as off-street parking for the properties. A new home is currently being constructed at
1223 Liberty Street, which you have indicated is disrupting a parking condition for the property at 1219
Liberty Street, a client you represent. You have requested information from this office indicating the
City's understanding as to the status of the legal nonconforming driveway between the subject
properties.
You have indicated during our conversations that the driveway appears to either have been installed
incorrectly or has migrated to its current location to a location partially in the easement area and 5 feet
north of the easement area, on the property at 1223 Liberty Street. A research of City records has
yielded the attached survey, dated April 7�' 1921, which explains that "The north 10 feet of the south 41
ft to be used as a driveway in common. The house located on the south 36'of lot 5 extends into this
driveway about 3.5 feeY'. Interpreting this easement area, it appears a 10 foot wide driveway should be
located between the subject properties, within which the house at 1219 liberty Street projects 3.5 feet
into the easemenUdriveway area.
It is the City's position that a legal nonconforming driveway exists on the site, the City would expect to
see the driveway area no wider than 10 feet, located in the north 10 feet of the south 41 ft of Lot 5,
Block 130, Leaches Map, City of Oshkosh. Although the current location of the driveway appears to not
fall in the easement area, It is staffs opinion that the legal nonconforming driveway may be realigned in
the easement area, provided a maximum width of 10 feet for the driveway is maintained, except for the
6.5 foot driveway width where the house at 1219 Liberty Street projects into the easement area. The
driveway may not extend past the rear of the house at 1219 Liberty Street, as this would be considered
an illegal expansion of a nonconforming driveway, where expansions require zoning compliance. Also,
be advised, if the nonconforming use of the driveway is discontinued for a period of twelve consecutive
months, any future use of the driveway shall conform to the regulations of the City's Zoning Ordinance.
If you have any questions in regards to the subject property, or wish to discuss this issue further, please
do not hesitate to contact me. I can be reached at (920) 236-5062 from 8:00 to 4:30 Monday through
Friday.
Sincerely,
CITY OSHK
�—_
Matt Tucker
Associate Planner
cc: Owner, 1219 Liberty Street
�Owner, 1223 Liberty Street
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