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HomeMy WebLinkAboutItem IPLAN COMMISSION STAFF REPORT DECEMBER 15, 2020 ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A STANDING SEAM METAL ROOF WITH A THICKNESS OF 26 GAUGE AND EXPOSED FASTENERS AT 307 W. 9TH AVENUE GENERAL INFORMATION Applicant: Abram Lezama Owner: Dave Mcclone Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow a standing seam metal roof with a thickness of 26 gauge and exposed fasteners at 307 W. 91h Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(G)(3) The standing seam metal roofing shall have a minimum thickness of 24-gauge so as to minimize the potential for wind and hail damage. Section 30-241(G)(7) Exposed fasteners or standing seam roof designs that employ exposed metal fasteners are prohibited. Property Location and Background: Flo 01 322A - 316A m 326 322 31 ,, 31�2 302 C W 9TH AV GEN r P The subject parcel is at the southwest corner of W. 91h Avenue and Minnesota Street and the structure at 307 W. 911 Avenue is the structure involved in this request. ITEM I-307 W. 9" Avenue - Design Standards Variance 1 Paqe 1 The subject property is a residential lot located at 303/307 W. 911, Avenue and is approximately 5,000 square feet in area. The parcel is located at the corner of W. 911, Avenue and Minnesota Street. The subject parcel includes two principal residential structures and is non -conforming for that reason. The surrounding area consists of single-family, two-family, and institutional land uses. The adjacent properties to the south and west of the subject property are two family residential properties. The properties across the street to the north are single and two family properties. The property across the street to the east is a single family property. The subject property and immediately adjacent properties are zoned Two Flat Residential (TR-10). The applicant replaced the previous standing seam roof on the house earlier this year. On November 13ffi, 2020, Inspections staff found that work on the roof was completed without a permit. Inspections issued a violation notice on November 13t11, 2020 with orders to obtain a permit. The applicant spoke with Planning Services staff after receiving the violation notice. In discussing the completed work, staff found that the roofing installed does not meet current zoning standards. The product installed on the property is of 26 gauge thickness and has exposed fasteners. Applicable ordinance requires 24 gauge thickness and concealed fasteners. Since the installed product does not meet code, staff informed the applicants that Plan Commission review and a design standards variance are necessary. The applicants discussed these concerns with staff, and staff determined that Plan Commission review and a design standards variance were necessary. Subject Site Existing Land Use Zoning Two family Residential — Two structures TR-10 Adjacent Land Use and Zoning Existing Uses Zoning North Single family Residential, Two 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 new construction and alterations to existing construction with the overall purpose/intent to: "regulate the design and materials used for the exterior of buildings and structures within the City so as to maintain and enhance the attractiveness and values of property in the community, emphasize architectural and urban design principles of human scale and visual interest." ITEM I-307 W. 9" Avenue - Design Standards Variance Paqe 2 The standards regulating standing seam roofs apply to all new standing seam roofs on existing and new construction within the City. They include the regulation that, "The standing seam metal roofing shall have a minimum thickness of 24-gauge so as to minimize the potential for zvind and hail damage. " The standards also state that, "Exposed fasteners or standing seam roof designs that employ exposed metal fasteners are prohibited. " The ordinance regulates the materials and appearance of standing seam metal roofs within the City. Originally, the 2017 zoning ordinance prohibited standing seam metal roofs on residential properties due to noise and aesthetic concerns. The current standing seam regulations were designed to allow standing seam roofs while accounting for the noise and aesthetic concerns originally raised by the steering committee in charge of the zoning ordinance rewrite. In doing so, the ordinance establishes minimum standards for standing seam applications within the city. The 24 gauge minimum thickness requirement and prohibition on exposed fastener designs is in line with the ordinance intent as mentioned above. 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 completed a standing seam metal roof on the existing structure at 307 W. 9t" Avenue without required approval and permits. He stated in his conversations with staff that he applied for a roofing permit and later found that he applied for the wrong address. The permit he originally applied for was reroofing with new shingles at another property on 9t" Avenue. The applicant stated that the previous metal roof at 307 W. 9th Avenue needed replacement because water was leaking in and damaging the interior. He explained that he had trouble reaching staff at City Hall due to the current pandemic and with no reply felt the need to start work due to the water damage. He stated that he later received a call back from City Hall and was told that it would not be a problem to apply for a permit and that it was acceptable to apply the Pro Rib steel product he used. He stated that now that the roof was installed he was applying for a variance due to misunderstandings. ITEM I-307 W. 9" Avenue - Design Standards Variance Paqe 3 The above images were provided by the applicant and show the material as installed on the rear of the property. Exposed fasteners are visible in the original images. The applicant stated that the new metal roof should not have any effect on surrounding properties. He stated that Pro Rib steel is fastened differently than standing seam but is similar. He removed the previous metal roof and underlayment and installed new underlayment with 1x4 purlins every 24 inches. The steel panels were then fastened to the purlins using 1.5 inch galvanized screws with rubber washers. The product uses 26 gauge panels and exposed fasteners. The applicant states that if the variance is not granted there would be a big loss in money and the new roof would have to be removed. New materials would have to be purchased and more damage could occur to the structure's interior due to harsh weather approaching. ITEM I-307 W. 9" Avenue - Design Standards Variance 4 Paqe 4 The above images were provided by the applicant and show the property from 911, Avenue (Left) and from Minnesota Street (right) The Pro -Rib product installed at the subject property does not meet the City's standing seam ordinance. The product is too thin (26 gauge rather than the 24 gauge or thicker required by ordinance) and has exposed fasteners (ordinance requires concealed fasteners). Owners and contractors of other properties have found and installed code compliant options. Staff has concerns because the roofing as installed does not meet the intent of the standards. The main roof of the structure has a shallower angle than the roofs of many residential structures in the city but the material is still visible particularly on the lower rear roof portion of the structure shown in some of the images included previously. Staff evaluated the proposal previously described and the impact on the block in regard to the purpose and intent of the commercial design standards. The standards relate to preserving the structure'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: • Information provided by the applicant • Degree of code compliance by material installed on roof • Availability of compliant standing seam products from several major manufacturers • Aesthetic intent of the current ordinance • Potential impact on neighborhood character ITEM I-307 W. 9" Avenue - Design Standards Variance Paqe 5 In examining the installed metal roofing, materials and information provided by the applicants, available products, and the current ordinance's intent, staff is of the opinion that the Plan Commission should deny the variance to allow the work as completed without permits. In granting a variance the Plan Commission would set a precedent and future applicants could expect equivalent treatment in similar situations where work occurred without permits and in non-compliance with the ordinance. The granting of variances in this and additional future cases would invalidate the ordinance. Other applicants have met the standards for gauge thickness and concealed fasteners when installing standing seam roofing under the current ordinance. The applicant mentioned city staff explaining that the Pro -Rib product he used was acceptable. Planning and Inspections staff are aware that zoning standards apply to all new standing seam roofs installed on residential properties in the city. Staff would not have informed the applicant that a particular product was acceptable without previously vetting it with the ordinance standards. Lastly, the applicant has not provided a manufacturer or industry standard explaining why the chosen product is required rather than a code compliant option. RECOMMENDATION Staff recommends denial of a variance from the City's Residential Design Standards to allow a residential standing seam metal roof with a thickness of 26 gauge and exposed fasteners at 307 W. 91h Avenue with the following finding: Finding: The material as installed conflicts with at least two sections of the Residential Design Standards and the applicant has not provided a manufacturer or industry standard explaining why the chosen product is required rather than a code compliant option. ITEM I-307 W. 9" Avenue - Design Standards Variance Paqe 6 RECEIVED r➢-as( _Qe p-17YD zam"p0M11 K �AQMK NOV 2 5 2020 City A: ,.(S.WMUNITY DEVELOPMENT Oshkosh Petitioner: Date:. Petitioner's Address: City: VeJA (Q\A�k State:\N--r- Zip: Syg 70 \J Telephone #: (92,0) Fax: Other Contact # or Email: a6r0kM(4'Tk%01 Status of Petitioner (Please Check): Awner F-- Representative '_ Tenant Prospective Buyer Petitioner's Signature (required): Date: PRO-KE-TV-00MMErn 1Hr0RA1k1nQ)H Owner(s): DM& 01alge- Date: Owner(s) Address: I City, 05 State: W I zip:5 'If V Telephone #: (go_VJ.%SQ- 3)V6 Fax:( Other Contact # or Emoi;: Ownership Status (Please Check): )(individual L Trust -- Partnership L- Corporation Fmpo aft 00 mrniew CanoenN 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 Signature: SM, 0-HPORMA. MIN Address/ Location of Proposed Project: 3c)l \� c?144 ave, 0 Proposed Project Description: f-C, WL Date: 1 r.() Current Use of Property: 9_1`f1-, — Zoning: " q6 ?-- ➢ R Md Cw �00 h, 6 �-;Jwao n9ad UVada ac (9, a ac h, a Pp5c U nS M UJ Sbe ahle G0 prove, im. the i u Lft mc%int og Me 0gh- keg h Moon Gomwa➢gdcom, Khat gfl oaue, Come @q �)hs qaHwons gft-da oppfloo. 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 7 of 16 Page 7 40 —01 Ttyo ---- _4 I-ee'a'M 60AI,\6 �OA Aq UUI- vmc�,Id\a -te, ct4w look &C, �c (ci A-t� \Joc.c VN, Ov- Page 8 of 16 Page s -- - ---------- Page 9 of 16 Page -- ' ~8_�w SC _ _-__- Page 10of1O Pane 10 ,11II liolp J t 4 � DSV ALAN P FISHER AMANDA N KASPER-FREES 307 W 9TH AVE PO BOX 230 306 W 9TH AVE PC: 12-15-20 FLORENCE WI 54121 OSHKOSH WI 54902 ANN E ELMER 257 W 9TH AVE OSHKOSH WI 54902 ERIC J HAUSNER PO BOX 3224 OSHKOSH WI 54903 DONNA J MILLER 312 W 9TH AVE OSHKOSH WI 54902 JUSTIN C WILSON 909 MINNESOTA ST OSHKOSH WI 54902 OSHKOSH RENTAL PROPERTIES LLC PEACE LUTHERAN CHURCH PO BOX 2446 240 W 9TH AVE OSHKOSH WI 54903 OSHKOSH WI 54902 DAVE MCCLONE 1207 WINNEBAGO AVE OSHKOSH WI 54901 ABRAM LEZAMA W3935 CHICAGO RD REDGRANITE WI 54970 EDWARD C/DIANNE J WILCOX 302 W 9TH AVE OSHKOSH WI 54902 KEY INVESTMENTS LLC W6154 MAPLE BLUFF LN MENASHA WI 54952 VERNON E/KEVIN J LICHTENBERG N8760 WHITERIDGE RD BERLIN WI 54923 Page 13 of 16 Paqe 13 u U 500 50.0 ❑ 50.On 50.0' 50.0' 50.0' 0.0' .0' 50.0' 50.0' 50.0'0 50.0'[] 100.0' 50.(D 50.0' 1 2 6 316 12 m 3 6 302 100.0 �0 339 333 32 323 PI�7[7 6- 50.0-❑ 50.� 0.0. 5] 0' 0.0' 50.0' S0.0' .0' G2 3 332 3 3 7 13 07 303 1 13 100.0 rn ♦F�r 1.01 50.0' 50.0' 50.0' 100.0' 50.0' .0' 50.0' 75.0' 75.0' 50.0' 50.0' 100.0' n 0 4 U) Ui © ■ Q: ZZ _ 15.0' 85.0' tf) 36A A 312A 30 11 33F3291 323 317 319 329 J � LTJ O 1 ���� -rr� rW 3 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 C:\Users\minak\Desktop\2020 Plan Commission Site Plan Man Temolate.mxd Page 14 -1 50.0' 50.0' ❑ m 5E 50.0' .0' .0' S0.0' 5 .0' 50.0' 50.0' N N m2 W 32 258 2 2 8 2 253 247 253. D 240 450.0' 241 23 233 50.0' � 50.0. 50.0. so 50.] j 100.0' 100.0' 50.0' 20 2 50 238 N 1 in = 0.02 mi tin=100ft Printing Date: 12/1/2020 Prepared by: City of Oshkosh, WI Y of Oshkosh P a rT,: ser:lmihak 307 W 9TH AVE ' 9TH AVEmw N 1 in = 0.01 mi Rk A 1 in=70ft 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: 121112020 Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI C:\Users\minak\Desktop\2020 Plan Commission Site Plan Man TemDlate.mxd Page 1 U ofP a rT,: ser:lmrnak