HomeMy WebLinkAbout02-10-21 I. 1316 BROAD STREET; Fencing heightSTAFF REPORT BOARD OF APPEALS
FEBRUARY 10TH, 2021
ITEM I: 1316 BROAD STEET
GENERAL DESCRIPTION AND BACKGROUND
Patricia A./Russel B. Diener-applicants/owners, request the following variance to permit
side and rear yard fencing to exceed the maximum height allowance:
Description Code Reference Maximum Proposed
Fence Height 30-192(F) 6’ 7’6”
The subject 0.28 acre (approximately 12,550 square feet) property is zoned Single Family
Residential - 5 (SR-5) and is currently developed with a single-family home and
detached rear yard garage. The rectangular-shaped parcel is located on the east side of
Broad Street. Adjacent land uses include residential to the north, east and south, while
railroad infrastructure is located to the west.
ANALYSIS
In reviewing a variance request, the following questions should be addressed:
When considering an area variance, the question of whether unnecessary
hardship or practical difficulty exists is best explained as "whether
compliance with the strict letter of the restrictions governing area, set
backs, frontage, height, bulk or density would unreasonably prevent the
owner from using the property for a permitted purpose or would render
conformity with such restrictions unnecessarily burdensome."
Are there any unusual or unique physical limitations of the property which create
a hardship?
Will granting of a variance result in harm to the public interest?
The property owners obtained a building permit May 1st, 2020 to replace portions of 4’
high chain link fencing with 6’ high solid-privacy fencing. The submitted site plan (see
attached) indicated sections along the north and south property lines would be included
in the scope of work as well as sections parallel to Broad Street (matching the front plane
of the home).
However, the applicant constructed a fence along the north property line that exceeds 6’
in overall height (see attached photos). The constructed fence includes 1’6” of additional
trellis material on top of the 6’ solid fencing for an overall height of 7’6” from grade. City
of Oshkosh Code Enforcement received a complaint regarding the fence and conducted
an initial inspection of the property January 4th, 2021 and issued a correction notice to
the property owners the same day. The applicants are now requesting a variance to
permit fencing to be 7’6” in overall height along the north and south lot lines (see
submitted application).
STAFF REPORT BOARD OF APPEALS
ITEM I -2- FEBRUARY 10TH, 2021
The applicants communicated to staff the higher fence is needed for privacy and security
because neighboring properties are committing alcohol and drug offenses. They also
communicated the fence is needed as individuals are trespassing on their property. If the
fence height is not approved the owners will continue to have to deal with all of these
issues according to the petitioners.
The applicants have demonstrated by-right permitting can be achieved with fencing
meeting local ordinance standards as they submitted plans complying with
requirements and a building permit was issued. The decision to construct the additional
fence height is personal preference and a self-created hardship. Additionally,
Community Development contacted the Police Department to obtain police reports or
any supporting data to document the communicated history of drug, alcohol and
trespassing at the property. The Police Department responded they ran reports back to
January 1st, 2020 and no drug-related calls associated with the area occurred. Apparently
the applicants did find some discarded syringes at one point, however. Therefore there
are no unique property circumstances creating justifiable hardship and complying with
restrictions would not prevent the owners from using the property in a permitted
manner.
The property owner at 1302 Broad Street (Patrick Colburn) telephoned Community
Development February 1, 2021 and indicated he is not in support of the request and feels
it would be detrimental to the neighborhood if the variance was granted. Conversely,
the petitioner has submitted documentation attesting to support of the variance from
various neighbors (see attached). Overall, granting the variance would create harm to
the public interest in this instance as the intent of the ordinance would be undermined
and create opportunities for other variance requests of similar nature. Additionally, the
site would create an outlier in the neighborhood aesthetically for fence height and cause
a negative visual impact.
RECOMMENDATION
Based on the information provided within this report, denial of the variance request is
recommended.
Copy of Building Permit
Copy of Original Site Plan submitted May 1st, 2020
Correction Notice Photos
1316 Broad St – January 4th, 2021
Photos of subject property via Google Street View 2013
Looking east at subject property
Looking north along Broad Street from subject property
Photos of subject property via Google Street View 2013
Looking west from the subject property
Looking south from the subject property