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Home My WebLink AboutItem IIITEM II-238 W 19th Avenue - Design Standards Variance 1 PLAN COMMISSION STAFF REPORT JULY 19th, 2022 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW FOR A DECK ON THE FRONT FAÇADE AT 238 W 19TH AVENUE GENERAL INFORMATION Applicant/Owner: Ann Stephenson Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow for a deck on the front façade at 238 W 19th Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(C)(2) Decks, balconies, and patios shall be constructed only on a building’s rear or interior side facades. Property Location and Background: Page 1 ITEM II-238 W 19th Avenue - Design Standards Variance 2 The subject property is a residential lot located at 238 W 19th Avenue and is approximately 6,840 square feet in area. The property is a corner lot with 19th Avenue running along the south and Arizona Street to the east. The property contains a 1,355 square foot 1.5 story single-family residential structure that was built in 1890 according to the City of Oshkosh Assessor website. The home, detached garage, and driveway are positioned in such a way that this property essentially does not have a rear or interior side yard. The surrounding area consists of single- family uses with varying character and similar scale. The subject property and surrounding properties are zoned Single-family Residential-9 (SR-9). The applicant is proposing to construct a 12’ x 10’ deck with a new patio door on the façade of the home that faces Arizona Street. Complete work proposed includes a new patio door, deck, and necessary steps for ingress and egress. Applicable ordinance prohibits decks on street facing facades, therefore, Plan Commission review and a design standards variance are necessary for this project. Subject Site Existing Land Use Zoning Single-family Residential SR-9 Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Single-family Residential SR-9 South Single-family Residential SR-9 East Single-family Residential SR-9 West Single-family Residential SR-9 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.” Page 2 ITEM II-238 W 19th Avenue - Design Standards Variance 3 The standards apply to all single and two-family structures within the City and include the regulation that “Decks, balconies, and patios shall be constructed only on a building’s rear or interior side facades.” 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 above image shows the street-facing façade of the subject property where a deck is proposed. Page 3 ITEM II-238 W 19th Avenue - Design Standards Variance 4 The above image shows a rendering of the proposed deck and the home. The applicant would like to construct a 12’ x 10’ deck with a new patio door on the façade of the home that faces Arizona Street. Staff informed the applicant that Plan Commission review and a design standards variance were necessary in order to permit a deck on a front façade. Plan Commission reviewed this proposal at a workshop on June 7th, 2022 and were in support of the plan. Staff feel that this design standards variance request is not contrary to the public interest because the proposed deck will meet the principle structure setback requirements for the SR-9 zoning district. Required principle structure front setback for the SR-9 zoning district is 15 feet and the proposed deck will be setback 31 feet per the submitted site plan. Staff also feel that the property provides an unnecessary hardship because the current layout of the home, detached garage, and driveway do not allow for an interior side yard or rear yard, therefore eliminating the possibility for a deck where the zoning ordinance permits them to be constructed. Page 4 ITEM II-238 W 19th Avenue - Design Standards Variance 5 The two above images show some of the surrounding residential properties. The top image shows the view looking northeast and the other image shows the view looking southwest at the intersection of 19th Ave. and Arizona St. Page 5 ITEM II-238 W 19th Avenue - Design Standards Variance 6 RECOMMENDATION Staff recommends approval of a variance from the City’s Residential Design Standards to allow for a deck and patio door on the front façade with the following conditions and finding: Conditions: 1. Proposed deck must meet the requirements of 30-241(C)(3) which states: Porches, decks, and patios that can be viewed from the public street shall include elements such as, columns, posts, railings, and spindles/balusters. Porches, decks, and patios shall be constructed in cedar, cypress, redwood, or appropriate composite materials such as wood sawdust or mineral composite/high density polyurethane plastic (HDPE), plastic, and pressure treated lumber. 2. Proposed deck must meet the requirements of 30-241(C)(3)(a) which states: Elements constructed in pressure-treated lumber shall be painted or stained after a curing period of no greater than 18 months. 3. Proposed deck must meet the requirements of 30-241(C)(3)(b) which states: Spindles or balusters shall not be secured to the outside face of the deck or other supports (including but not limited to, rails, rim joists, beams, or columns). 4. Proposed deck must meet the requirements of 30-241(C)(3)(b)(i) which states: Fasteners that connect vertical components (spindles, balusters, posts, etc.) to horizontal components (top or bottom rails) shall be concealed so that they are not visible from the public right-of-way. Findings: 1. The variance will not be contrary to the public interest. 2. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. Page 6 Page 7 Page 8 Page 9 Page 10 DSV 238 W 19TH AVE PC: 7/19/2022 NEIL A HESEK 222 W 19TH AVE OSHKOSH, WI 54902 BARBARA TESCH-HABLE 1836 ARIZONA ST OSHKOSH, WI 54902 JASON ELLIS 1843 ARIZONA ST OSHKOSH, WI 54902 CHRISTOPHER L GUENTHER 1849 ARIZONA ST OSHKOSH, WI 54902 GREGORY DUZINSKE 244 W 19TH AVE OSHKOSH, WI 54902 JESSE J/GINETTE L LAWATSCH 1856 MINNESOTA ST OSHKOSH, WI 54902 YENG LOR 1848 MINNESOTA ST OSHKOSH, WI 54902 PIE INVESTMENTS LLC 105 E RIVER DR OMRO, WI 54963 KEITH D/MICHELE M SCHUMACHER 60 JACOB AVE OSHKOSH, WI 54902 FREDERICK P/MICHELE A UBRIG 235 W 19TH AVE OSHKOSH, WI 54902 MARK S REDLIN 241 W 19TH AVE OSHKOSH, WI 54902 DRAKE A CHRISTIANSON/AMANDA L MARKER 249 W 19TH AVE OSHKOSH, WI 54902 ROBERT S BEZIO 6774 HOWLETT RD OSHKOSH, WI 54902 ANN STEPHENSON 238 W 19TH AVE OSHKOSH, WI 54902 Page 11 OREGON ST OREGON ST ARIZONA ST ARIZONA ST W 19TH AVW 19TH AV MINNESOTA ST MINNESOTA ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/28/2022 1 in = 120 ft1 in = 0.02 mi¯238 W 19TH AVE238 W 19TH 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 12 SR-9 I TR-10 HI UMU UI I HI UMU I NMU UMU I-PD UMU I UMU SR-5 MULTIPLESR-9-PD UMU MR-12-PD UMU TR-10-PD S M A IN ST S MA I N S T OREGON ST OREGON ST W 20TH AVW 20TH AV WW 2244TTHH AAVV DD OO TT YY SS TT IOWA ST IOWA ST W 18TH AVW 18TH AV W 17TH AVW 17TH AV W 16TH AVW 16TH AV MINNESOTA ST MINNESOTA ST ARIZONA ST ARIZONA ST MICHIGAN ST MICHIGAN ST W 23RD AVW 23RD AV MONTANA ST MONTANA ST NEBRASKA ST NEBRASKA ST W 22ND AVW 22ND AV SIMPSON ST SIMPSON ST W 21ST AVW 21ST AV ALASKA ST ALASKA ST W 19TH AVW 19TH AV BROCKWAY AVBROCKWAY AV NEBRASKA ST NEBRASKA ST EEAASSTT PP EE RR II MM EE TT E E R R R R DD NMU SR-5-LRO RMU-PD-RFO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/28/2022 1 in = 500 ft1 in = 0.09 mi¯238 W 19TH AVE238 W 19TH 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 13 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/28/2022 1 in = 100 ft1 in = 0.02 mi¯238 W 19TH AVE238 W 19TH 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