HomeMy WebLinkAboutItem IITEM I-1803 Oshkosh Avenue - Design Standards Variance 1
PLAN COMMISSION STAFF REPORT FEBRUARY 16, 2021
ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW
AREA REDUCTIONS ON THE FRONT FAÇADE AT 1803 OSHKOSH
AVENUE
GENERAL INFORMATION
Applicant/Owner: Marc A. Facundo
Action(s) Requested:
The applicant is requesting approval of a variance from the City’s Residential Design Standards
to allow window area reductions on the front façade at 1803 Oshkosh Avenue.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-241(B)(1) Existing window openings on 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 1803 Oshkosh Avenue and is approximately
17,705 square feet in area. The property is an infill lot with frontage on Oshkosh Avenue. The
property contains a 1,984 square foot 2 story single-family residential structure which was built
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 2
in 1895 according to the City of Oshkosh Assessor website. The surrounding area to the south,
east and west consists of single and two-family uses. The immediate properties on the south,
east and west sides of the subject property are single and two-family uses with varying
character and similar scale. The properties across Oshkosh Avenue to the north consist of
commercial properties. The properties to the north are zoned Corporate Business Park with a
Planned Development Overlay (CPB-PD). The subject property and the properties on the south,
east and west immediately surrounding it are zoned Single-family Residential-5 (SR-5).
The applicant recently completed some interior remodeling work. The applicant converted an
enclosed porch to a first floor bedroom. In doing the conversion, the applicant reduced window
areas on the Oshkosh Avenue (front) façade. The work was done without permits or Plan
Commission review. Planning staff issued a correction notice with orders to contact planning
and discuss options for moving forward to address the violations. The applicant spoke with
planning staff who advised him that the Residential Design Standards require owners to
maintain front and street side façade window openings in their current locations. Due to the
fact that the applicant reduced window areas on a front facade, Plan Commission review and a
design standards variance are necessary.
Subject Site
Existing Land Use Zoning
Single-family Residential SR-5
Recognized Neighborhood Organizations
Not Applicable – No recognized neighborhood currently
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial CPB-PD
South Single Family Residential SR-5
East Single Family Residential SR-5
West Two Family Residential SR-5
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.”
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 3
The standards apply to all single and two-family structures within the City and include the
regulation that “Existing window openings on front façades including gables shall not be closed or
filled.” These standards seek to prevent blank monotonous facades on the front and street side
facades of residences. Oftentimes these front, street facing facades are the most prominent
portions of the properties. The former porch that the applicant converted to a bedroom was on
the Oshkosh Avenue façade and had multiple window openings.
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 previous floor plan is the left drawing above while the current floor plan is on the right. The
applicant submitted these plans to show the interior work done. According to the applicant, the
conversion of the porch to a bedroom necessitated the reduction of window areas on the façade.
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 4
The applicant converted the interior of an enclosed porch to a bedroom and reduced the
previous four window openings down to one opening. The work was done without zoning or
inspections approval or Plan Commission review. On January 11th, 2021 Planning staff sent a
correction notice to the property owners. The applicant had conversations with Planning
Services staff regarding the modifications to the interior of the house and the window openings
on the façade. Planning staff informed him that staff could not issue a permit by-right due to
the street side façade window closures and that Plan Commission review and a design
standards variance were necessary.
1803 Oshkosh Avenue Windows Previous Current % Change
Porch windows (4) 28"x62" (4)
58.5"x34.5"
(1) 70.92% Reduction
Bay Window (First Floor) 100"x58" 100"x58" No Change
Door Opening (First Floor) 32"x80" 32"x80" No Change
Window Opening (2nd Floor) 28"x62" (2) 28"x62" (2) No Change
Total Window/Door Area
130.39 sq.
ft. 96.19 sq. ft. 26.23% Reduction
Estimated % of Façade Area
(Windows/Doors) 21.71% 16.02%
Windows to cover
5.69% less façade
area
Previous Façade (Above)
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 5
Current Facade
The above images show the original condition of the façade with the previous window openings and the
current façade with the reduced window area.
Staff has had some in person and email discussions with the applicant. Staff generally asks for
window and door areas for the façade(s) in question either at the time of application submittal
or afterwards during the process of preparing a recommendation. The applicant provided the
window areas for the façade in question and this helped staff during the process.
The petitioner stated in his application that in his plans for the bedroom remodel he found that
he had a pest issue. He stated that the problem affected the outside walls of the current
bedroom, the areas under the window sills and the wood under the sill. Therefore, he replaced
the previous windows with one window. He replaced the existing boards with new ones. He
did not know about the standards regarding window replacement until he did this. He stated
that he did not have the money to replace the windows. He stated that he did not see how the
work would have a negative impact on his neighbor as all of the houses are in good shape.
The applicant used 2x6 lumber and ½” OSB sheathing for the framing around the new window.
He used underlayment for the siding which cannot be completed until April or May of 2021.
Staff evaluated the completed work previously described and the impact on the design of the
home 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
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 6
properties, the neighborhood character and “curb appeal” of the block. In working with the
applicant, staff considered:
Potential impact of the completed modifications on the architectural integrity of the
home
Potential impact on neighborhood character
Whether the proposed work met the intent of the Residential Design Standards
The two above images show the subject property and some of the surrounding residential properties. The
top image shows the view looking east along Oshkosh Avenue and the image just above shows the view
looking west.
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 7
Staff considers the work the applicant has completed to be a change to an existing building
under the zoning ordinance. Per Section 30-241(D)(1) a change includes any alteration to
existing architectural features (in this case windows or doors) on a wall plane. After evaluating
the petitioner’s application, examining the property and surrounding context and discussing
the property internally, staff is of the opinion that the completed work has not had a major
detrimental impact on the architectural integrity of the front façade. However, the work is a
reduction of window area and staff found that the percentage of front façade dedicated to
window openings was already under the 25 percent required by code. The reduction of
window areas reduced the percentage of façade area further, down to 16.02% from 21.71%. The
floor plan of the remodeled home impacted the current dimensions and locations of the
window openings.
As is shown in the two above street view images, the surrounding neighborhood consists of
varied architectural styles. In looking at the neighboring context no one style prevailed. Staff
has concerns with the larger expanse of siding that will result under the window now that the
applicant has reduced the window areas. Therefore, staff recommends that the Plan
Commission condition approval on the applicant submitting a landscaping plan for review and
approval by Department of Community Development staff. Staff recommends requiring at
least 50 points of year-round landscaping along the section of façade where the windows were
reduced. Staff also recommends requiring that the applicant submit to the Department of
Community Development a plan for the installation of a planter box below the new window.
Staff would then require that the applicant install this planter box in accordance with the plan.
The siding of the house must also match the existing siding upon completion, so that the work
completed does not have a detrimental impact on the neighborhood.
Staff does not support the completion of work without the appropriate approvals and permits.
However, the applicant has worked with staff to address the no permit and window reduction
violations. The percentage of façade area devoted to windows was reduced further below the
25 percent code requirement on the front façade. However, matching siding, landscaping and a
planter box can ensure that the reduced window area does not negatively impact the aesthetics
of the property. If the applicant submits acceptable plans for landscaping and a planter box and
places at least 50 points of year-round landscaping and the planter box on the section of façade
in question, this can help address the larger blank façade area. It will also help offset the
decrease in window area in the variance request. Staff is of the opinion that the work as
conditioned will not significantly impact the architectural integrity of the street side façade and
supports the variance request with conditions.
RECOMMENDATION
Staff recommends approval of a variance from the City’s Residential Design Standards to allow
for window reductions on the front façade with the following conditions and finding:
Conditions:
1. Variance is for the window reductions already performed only and no additional front
façade windows shall be reduced without Plan Commission review and approval.
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ITEM I-1803 Oshkosh Avenue - Design Standards Variance 8
2. All siding on the façade plane where windows were reduced shall match and be
consistent in appearance with the existing siding on the home.
3. Applicant shall submit for Department of Community Development review a
landscaping plan showing at least 50 points of year-round landscaping to be planted in
front of the segment of façade where window areas were reduced. Landscape plan
review and approval by staff is required prior to issuance of any building permits.
4. Applicant shall plant and maintain the approved landscaping in conjunction with the
siding work planned for spring 2021 on the front façade.
5. Applicant shall submit to Department of Community Development staff for review and
approval an acceptable plan for a planter box below the new window. The applicant
shall install the approved planter box in accordance with the approved plan.
6. All current and future work on the house shall meet the Residential Design Standards
and any work not in compliance with the standards shall be filed as separate requests
for Plan Commission review and approval.
7. Applicant/Owner shall obtain all required approvals and permits for this and any future
work conducted at the property.
Finding:
1. The variance will not be contrary to the public interest.
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DSV
1803 OSHKOSH AVE
PC: 2/16/2021
ALLAN K PHILLIPS
1195 SAWTELL CT
OSHKOSH WI 54902
AMANDA M GUMM
1743 OSHKOSH AVE
OSHKOSH WI 54902
DONALD G/RONECKA L BRUNNER
1811 OSHKOSH AVE
OSHKOSH WI 54902
DONALD W/BONNIE M BORGEN
1215 LOCUST ST
OSHKOSH WI 54902
JOHN L/KAY M SENDERHAUF
1235 LOCUST ST
OSHKOSH WI 54902
JULIE A JOSEPH
1199 SAWTELL CT
OSHKOSH WI 54902
LAKE SHORE DEVELOPMENT OF
OSHKOSH LLC
230 OHIO ST 200
OSHKOSH WI 54902
RYAN C SMITH/SUSAN D LARSON
1735 OSHKOSH AVE
OSHKOSH WI 54902
TIMOTHY R/SAMANTHA R
OROURKE
1194 SAWTELL CT
OSHKOSH WI 54902
MARC A/MARLEEN FACUNDO
1803 OSHKOSH AVE
OSHKOSH WI 54902
MARC A/MARLEEN FACUNDO
1803 OSHKOSH AVE
OSHKOSH WI 54902
MARC A/MARLEEN FACUNDO
1803 OSHKOSH AVE
OSHKOSH WI 54902
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Prepared by: City of Oshkosh, WI
Printing Date: 2/3/2021
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City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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Printing Date: 2/3/2021
1 in = 400 ft1 in = 0.08 mi¯1803 OSHKOSH AVE1803 OSHKOSH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
Page 14
C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak
Prepared by: City of Oshkosh, WI
Printing Date: 2/3/2021
1 in = 80 ft1 in = 0.02 mi¯1803 OSHKOSH AVE1803 OSHKOSH AVE
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
Page 15