HomeMy WebLinkAboutItem IIITEM II - 834 Miller Lane- Design Standards Variance 1
PLAN COMMISSION STAFF REPORT JUNE 15, 2021
ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A FRONT
YARD SETBACK NOT CONSISTENT WITH THE PREVAILING BUILDING
SETBACKS FOR A NEW HOME AT 834 MILLER LANE
GENERAL INFORMATION
Applicant/Owner: Huisman Homes LLC
Action(s) Requested:
The applicant is requesting approval of a variance from the City’s Residential Design Standards
to allow a front yard setback that is not consistent with the prevailing building setbacks for a
new home at 834 Miller 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:
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ITEM II - 834 Miller Lane- Design Standards Variance 2
The subject property is a residential lot located at 834 Miller Lane and is approximately 7500
square feet in area. The property is a vacant lot with frontage on Miller Lane. The surrounding
area consists of single family uses and vacant lots. The subject property and surrounding
properties are zoned Single-family Residential-5 (SR-5).
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 Single Family Residential SR-5
South Single Family Residential SR-5
East Single Family Residential SR-5
West Single 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.”
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.” These standards
seek to prevent setback outliers and help in creating a more aesthetically pleasing appearance
and consistency within the neighborhood.
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.
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ITEM II - 834 Miller Lane- Design Standards Variance 3
4. Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
ANALYSIS
The applicant would like to build a new three bedroom / two bath home on this vacant lot that
is 68’ long and 33’ wide from the back of the home to the front of the attached garage, with the
garage portion being 22’ wide. Currently on the north side of Miller Lane there are three lots
with homes and three vacant lots. The two neighboring homes to 834 Miller Lane have a front
setback of approximately 39’ and 48’ and zoning code requires new homes be consistent and
align with those prevailing building setbacks. The applicant is asking to reduce their front yard
setback to 32’. The applicant spoke to planning staff about their proposed plans and staff
advised the applicant to apply for a Design Standards Variance to allow for a front yard setback
that is not consistent with the prevailing setbacks so the required 25’ rear setback could be met.
Additionally, because Miller Lane has not been fully developed yet, planning staff is in favor of
this variance as it will allow 834 Miller Lane to maintain a code compliant 25’ rear setback and
the 32’ front setback is still more than the required front yard setback in SR-5 zoning districts. It
will also assist the last two vacant lots with their front yard setback. A reduced front yard
setback at 834 Miller Lane will recalculate the front yard setback average for the block, allowing
for the next two vacant lots to be developed with a similar setback to 834, potentially avoiding
the DSV process again when they get developed. Lastly, on the south side of Miller Lane, the
front yard setbacks are not as drastic as they are on the north side; so approving a 32’ setback on
the north side of the road will be consistent with the overall character of the neighborhood.
RECOMMENDATION
Staff recommends approval of a variance from the City’s Residential Design Standards to allow
a 32’ front yard setback for a new home at 834 Miller Lane.
Finding:
1. The variance will not be contrary to the public interest.
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DSV
834 MILLER LN
PC: 6-15-21
RANDY E HARWOOD JR
861 RIDGE LN
OSHKOSH, WI 54901
DEBRA K SKINNER
841 RIDGE LN
OSHKOSH, WI 54901
ALLEN E BIETTLER JR
831 RIDGE LN
OSHKOSH, WI 54901
LEE W FRIEDL/ALYSSA L
LAWRENCE
821 RIDGE LN
OSHKOSH, WI 54901
GARY C DEYOUNG
820 MILLER LN
OSHKOSH, WI 54901
KENNETH M WENDLER
404 PINE ST
NEENAH, WI 54956
THOMAS A COATES
821 MILLER LN
OSHKOSH, WI 54901
MICHAEL P BURNS
831 MILLER LN
OSHKOSH, WI 54901
MELISSA THOR
835 MILLER LN
OSHKOSH, WI 54901
THOMAS J NORQUIST
841 MILLER LN
OSHKOSH, WI 54901
JOSHUA J DUMKE
2978 SHADOW LN
OSHKOSH, WI 54901
HUISMAN HOMES LLC
868 DRIFTWOOD LN
OSHKOSH, WI 54901
HUISMAN HOMES LLC
868 DRIFTWOOD LN
OSHKOSH, WI 54901
HUISMAN HOMES LLC
868 DRIFTWOOD LN
OSHKOSH, WI 54901
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/18/2021
1 in = 500 ft1 in = 0.09 mi¯834 MILLER LANE834 MILLER LANE
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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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/18/2021
1 in = 100 ft1 in = 0.02 mi¯834 MILLER LANE834 MILLER LANE
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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Oshkosh City LimitOshkosh City Limit·YTNUOC"A
SSHHAADDOOWWLLAARIDGE LARIDGE LA
MILLER LAMILLER LA
KEENVILLE LAKEENVILLE LA
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 5/18/2021
1 in = 120 ft1 in = 0.02 mi¯834 MILLER LANE834 MILLER LANE
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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