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Home My WebLink About619 W New York Ave Staff ReportSTAFF REPORT BOARD OF APPEALS NOVEMBER 9TH, 2022 ITEM I: 619 W NEW YORK AVENUE GENERAL DESCRIPTION Mark A. Madison-applicant/owner, requests a dimensional variance from the City of Oshkosh Zoning Ordinance to permit a detached garage less than 5’ from a principal residential dwelling: Description Code Section Reference Minimum Proposed Accessory structure, 30-22(A)(6) 5’ or more 4’6” detached BACKGROUND The subject property is .14 acre (approximately 6,120 square feet) in size and zoned Single Family Residential-5 (SR-5). It is rectangular in shape and located on the south side of W. New York Avenue between Cherry Street and Wisconsin Street. The principal structure is a two-story, farmhouse style home built in 1920. Two accessory garages are located south of the home in the rear yard. The northernmost garage is accessed via a curb cut on W. New York Avenue while the southernmost garage is accessed via an alley. Adjacent land uses include single-family residential in all directions except the north, which is Institutional (i.e. a church). Facts pertaining to the request include the following:  The property owner obtained a building permit on October 5th, 2001 to raze an existing 12’x18’ garage and to construct a new 20’x20’ detached garage with new driveway access via the alley south of the home (see attached copy of permit number 0090120).  In addition to razing the 12’x18’ garage the plan submitted by the owner included removal of the driveway leading to W. New York Avenue and converting the razed garage foundation to a rear yard patio.  During a neighborhood review by the Assessor’s Division in April 2022 it was discovered the 12’x18’ garage was never razed and the driveway access to W. New York Avenue was never removed as required.  A correction notice was issued to the property owner May 26th, 2022 advising of the need to make the necessary corrections with a compliance date of June 27th, 2022. Re-inspections occurred July 18th, 2022 (second letter issued July 20th, 2022); August 9th, 2022 (third letter issued August 16th, 2022 with a $100.00 service fee); and September 13th, 2022 (fourth letter issued September 14th, 2022 with a $200.00 service fee).  The property owner and the property owner’s daughter made contact with the enforcement officer September 19th and September 20th, 2022 to discuss solutions and alternatives. The property owner has elected to apply for a dimensional 1 STAFF REPORT BOARD OF APPEALS ITEM I -2- NOVEMBER 9TH, 2022 variance instead of making the permitted improvements and enforcement actions have been suspended until the variance application is heard.  A variance is requested to permit the 12’x18’ garage to remain 4’6” away from the principal structure instead of the required 5’ or more minimum.  The property owner’s daughter field verified the 4’6” distance and communicated it to the code enforcement officer September 19th, 2022 (see attached email). 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? Since the property owner did not raze the 12’x18’ northernmost garage as required by the original building permit there is only 4’6” of distance between the principal structure and the nearest accessory structure. This violates Section 30-22(A)(6) of the current zoning ordinance. Likewise, this violated the zoning ordinance standards in 2001 under Section 30-19 (B)(4)(b)(vii) that required “any detached garage closer than 5 feet to a principal structure shall adhere to or exceed all required minimum setbacks of the principal structure”. Since the distance is less than 5’ the garages are attached dimensionally for zoning and setback purposes as defined in Section 30-22. Therefore, the house and two garages become one principal structure and do not meet the required 25’ rear yard setback (Section 30-38 (G) & Section 30-22(5)) for principal structures. The image below illustrates where the required 25’ rear yard setback is (green line) versus the required 10’ rear yard setback (red line) for a code compliant detached garage in an alley yard. 2 STAFF REPORT BOARD OF APPEALS ITEM I -3- NOVEMBER 9TH, 2022 The application cannot be approved for the following reasons.  There is nothing unique about the property. The parcel is dimensionally consistent with the other properties developed on the block and there are no easements, floodplain or other property obstacles restricting improvements.  No variance is needed. The owner demonstrated with the original permit issued in 2001 that code compliance is attainable by-right.  The hardship is self-imposed. The circumstances and request presented to the board have been created by the property owner’s neglect and ignorance of the law. None of these circumstances are grounds for granting a variance as the Board of Appeals Guides & Standards for a Zoning Variance clearly outlines in Article VII 1.  Structural modifications and alternatives exist. There is nothing preventing the owner from making structural alterations to the 12’x18’ garage to make it code compliant.  Granting the variance would result in harm to the public interest. If approved the decision would be arbitrary and set a precedent for future requests that would run contrary to the zoning ordinance’s intent to maintain a 5’ minimum distance between principal and accessory structures as required by Section 30- 22(A)(6). RECOMMENDATION Based on the information provided within this report and its attachments, staff recommends denial of the applicant’s request. 3 View of subject parcel from alley looking north at 20’x20’ garage View of subject parcel looking northeast from alley at the rear of home and two garages 4 View from subject property looking east from alley View from subject property looking west from alley 5 View from subject property looking south from alley View of subject property and garage that should have been razed looking south from W. New York Avenue 6 View from subject property looking west from W. New York Avenue View from subject property looking north across W. New York Avenue 7 View from subject property looking east from W. New York Avenue 8 From: Malson, Katrina Sent: Wednesday, April 13, 2022 11:46:37 AM To: Zarate, John F. Subject: 619 W New York Ave, parcel 0501860000 I’m doing a Neighborhood Review in the college area. A building permit was issued on 10/5/2001 to raze the old garage & build a new one. They never razed the old garage & still built the new one. Currently it is the same owner. He listed the property for sale on 11/16/2021 (listing attached) & I have not seen a sale come through yet. Is the old garage allowed to stay? 9 10 11 12 From: Nielsen, Brandon Sent: Tuesday, October 25, 2022 10:52 AM To: Muehrer, Todd M. <tmuehrer@ci.oshkosh.wi.us> Subject: FW: Raze Order Brandon Nielsen Assistant Planner – Planning Services Division City of Oshkosh 920.236.5061 Follow us: Web | Facebook | Twitter From: Nielsen, Brandon Sent: Tuesday, September 20, 2022 9:01 AM To: 'Bree Madison' <bamadison@gmail.com> Cc: Zarate, John F. <jzarate@ci.oshkosh.wi.us> Subject: RE: Raze Order Bree, No problem that is what we are here for. 54” would be 4’6” I am sure your measurement is correct but if you want I can still come take a measurement myself. Not necessary though. Based on what you measured the old garage would need to come down if the new garage is wanting to be kept. Instead of typing it all out I would prefer that we talk it through over the phone. Please call me at 920-236-5061 when you have a minute. Thanks, Brandon Nielsen Assistant Planner – Planning Services Division City of Oshkosh 920.236.5061 Follow us: Web | Facebook | Twitter 13 From: Bree Madison [mailto:bamadison@gmail.com] Sent: Monday, September 19, 2022 6:34 PM To: Nielsen, Brandon <BNielsen@ci.oshkosh.wi.us> Cc: Zarate, John F. <jzarate@ci.oshkosh.wi.us> Subject: Re: Raze Order EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. Thank you both for your help with this. I just measured it myself and got 54". I can be available anytime on Thursday; let me know what works best for you. Thanks again! Bree On Mon, Sep 19, 2022 at 3:38 PM Nielsen, Brandon <BNielsen@ci.oshkosh.wi.us> wrote: Okay well that is potentially great news. Bree, The next step would be to schedule a time for me to come measure that distance from the corner of the existing garage to the nearest corner of the home. Please let me know when works best for you or whomever lives there. It will take me 1 minute to do this measurement. Brandon Nielsen Assistant Planner – Planning Services Division City of Oshkosh 920.236.5061 Follow us: Web | Facebook | Twitter 14 From: Zarate, John F. Sent: Monday, September 19, 2022 3:29 PM To: Nielsen, Brandon <BNielsen@ci.oshkosh.wi.us>; 'Bree Madison' <bamadison@gmail.com> Subject: RE: Raze Order Brandon, There are no requirements for accessory structures to be located a certain distance from each other for fire separation purposes. The building code only looks at the accessory structure and the principal structure for the required fire separation. As the old garage was existing there would not be a requirement to update to the current codes it would be grandfathered. So for building code purposes a new garage could be built today as it was in 2001. **Please note effective September 30, 2022 (approximately) ** I will no longer be with Inspection Services Division. I have accepted another position within the City of Oshkosh Economic Development Division. John Zarate Chief Building Official, Inspection Services Division City of Oshkosh 920.236.5119 Follow us: Web | Facebook | Twitter 15 From: Nielsen, Brandon Sent: Monday, September 19, 2022 3:23 PM To: Zarate, John F. <jzarate@ci.oshkosh.wi.us>; 'Bree Madison' <bamadison@gmail.com> Subject: RE: Raze Order John, Based on the 2020 photo I have below and the attached pictures from September 13th, 2022, is there any way for the existing garage to stay from a building code perspective? For instance, if the newer garage was never constructed and someone wanted to build one in this location today (without removing the existing garage) would it be okay? My initial thought was that fire separation could not be met but maybe something could be done on the inside of those structures so they do meet fire code? I then looked at the old zoning code (what the code would have been in 2001) and it states that in the R-2 zoning district (district 619 w New York Ave was located in) “Any detached garage closer than 5 feet to a principle structure shall adhere to or exceed all required minimum setbacks of the principal structure” So if the existing garage is within 5 feet of the home and the new garage was to be built within 5 feet of the old garage they would all technically be considered as one and would need to have met the Principle setback requirement of 25 feet from the rear property line. The zoning code did not regulate separation between accessory structures so if building code allows accessory structures to be constructed right next to each other the zoning code would allow it as well, again, only if the existing garage is 5 feet or more away from the home; and that distance appears to be very close to 5 feet. A site visit would have to be conducted to get a proper measurement. 16 Thank you, Brandon Nielsen Assistant Planner – Planning Services Division City of Oshkosh 920.236.5061 Follow us: Web | Facebook | Twitter From: Zarate, John F. Sent: Monday, September 19, 2022 1:26 PM To: 'Bree Madison' <bamadison@gmail.com> 17 Cc: Nielsen, Brandon <BNielsen@ci.oshkosh.wi.us> Subject: RE: Raze Order Forgot to copy Brandon **Please note effective September 30, 2022 (approximately) ** I will no longer be with Inspection Services Division. I have accepted another position within the City of Oshkosh Economic Development Division. John Zarate Chief Building Official, Inspection Services Division City of Oshkosh 920.236.5119 Follow us: Web | Facebook | Twitter From: Zarate, John F. Sent: Monday, September 19, 2022 1:26 PM To: 'Bree Madison' <bamadison@gmail.com> Subject: RE: Raze Order Hi Bree, It is good to hear from you. Things are well with me and I hope also for you. It looks like this is an issue with the Zoning Division as I see there is an open case on it. It looks like it was a 18 condition when the new garage was built to raze the garage that was previously existing. It also appears there are some service fees charged to the property that you may also want to ask Brandon about. I have Brandon copied on this email and he can contact you to discuss this and what needs to be done and if there are any options. Take care. **Please note effective September 30, 2022 (approximately) ** I will no longer be with Inspection Services Division. I have accepted another position within the City of Oshkosh Economic Development Division. John Zarate Chief Building Official, Inspection Services Division City of Oshkosh 920.236.5119 Follow us: Web | Facebook | Twitter From: Bree Madison [mailto:bamadison@gmail.com] Sent: Monday, September 19, 2022 1:17 PM To: Zarate, John F. <jzarate@ci.oshkosh.wi.us> Subject: Raze Order EXTERNAL SENDER. Only open links and attachments from known senders. DO NOT provide your username or password to anyone. 19 Hi John! Hope you are doing well. I just wanted to reach out to try to help my old man with a raze order he recently got for the old garage on his property (619 W New York). It sounds like he was supposed to raze the garage when he built a new one back in 2001. He's doesn't remember that, unfortunately. Is this the sort of thing we can appeal or apply for a variance on? Appreciate your help. Take care, Bree Madison 414.721.6462 20 21 22 23 Please Type or Print in BLACK INK £ _'A gr Oshkosh CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Depart, Community Develop. at 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 (o_(f U/ Vcu rat»er aK_ Mad i, --------- Petitioner's Email: V\')1� tvr (3_., 7)0 t, o' · G:7vV\ Signature Required: � :2/j-44 Date: /0. L 2. 2... 2. ----------------- --------- ----------------- naur Rquir:Da _ foi y q Ep yrpo p y y qtg vace:2/a¢ 44 4# le t%Ase re am. 72S[gs 1. 24 2. scribe how the variance would not have an adverse effect on surrounding properties: Hr k bone reet le ZyU t 7 '@@@ ftaon qt £ L I ] l fr lte fz believe /he f2awn q 3. Describe the special conditions that apply to your lot or structure that do not apply to surroundin lots or structures: ' ac+ art of y bcosy al ri%do, cc! 4. Describe the hardship that would result if your variance were not granted: o¢ 2yr drv dr9ye 25 ARDEN HELM/ELIZABETH WOLK 623 W NEW YORK AVE OSHKOSH WI 54901 BETHLEHEM LUTH CHURCH 1206 ONTARIO ST OSHKOSH WI 54901 DELMAR J/KAREN J KIENAST 613 W NEW YORK AVE OSHKOSH WI 54901 GOOD FAITH FUNDING LLC 1385 CASTLE ROCK CT DE PERE WI 54115 HOWELLS MOVE IN CASTLE LLC 1279 COUNTY RD N ROBERTS WI 54023 MARK A MADISON 9035 COUNTY ROAD H FREMONT WI 54940 MEHDI MOHAMMADIAN 1143 CHERRY ST OSHKOSH WI 54901 PEPPLER PROPERTIES LLC PO BOX 3301 OSHKOSH WI 54903 RYAN A/SHANNON V ACKERMAN 627 W NEW YORK AVE OSHKOSH WI 54901 SAMMY D LLC 1622 EVANS ST OSHKOSH WI 54901 ZANE G/JORIE M LARSON 604 W NEW YORK AVE OSHKOSH WI 54901 ALEX HUMMEL 1235 WISCONSIN ST OSHKOSH WI 54901 DAWN MCKONE 1221 ONTARIO ST OSHKOSH WI 54901 26 706 1236 716720 712 1230 1224 1220 1216 524 518 627 623 619 613 609 605 1145 1127 1117 807 803 709 705 1153 1149 1143 1139 1235 1229 1223 1237 802 700 1222 1226 1232 1215 1221 1225 1231 1235 1206 604 602 1235 1227 1230 1236 1234 609A 1119 1131 1123 1111 1152 1144 1140 1134 1130 1124 1118 803A 714720 1133 721 717 711 1119 1219 802A 1236A 1204 1130 1118A 11 3 7 # 2 11 3 7 # 1 11 3 7 # 3 WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AVW NEW YORK AVW NEW YORK AV W NEW YORK AVW NEW YORK AV WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AV CHERRY ST CHERRY ST ONTARIO ST ONTARIO ST VINE AVVINE AV WESTERN ST WESTERN ST CC HH EERRRRYY SS TT L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 619 W New Y ork AvenueSite Map City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 11/2/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 27 706 1236 716720 712 1230 1224 1220 1216 524 518 627 623 619 613 609 605 1145 1127 1117 807 803 709 705 1153 1149 1143 1139 1235 1229 1223 1237 802 700 1222 1226 1232 1215 1221 1225 1231 1235 1206 604 602 1235 1227 1230 1236 1234 609A 1119 1131 1123 1111 1152 1144 1140 1134 1130 1124 1118 803A 714720 1133 721 717 711 1119 1219 802A 1236A 1204 1130 1118A 11 3 7 # 2 11 3 7 # 1 11 3 7 # 3 WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AVW NEW YORK AVW NEW YORK AVW NEW YORK AVW NEW YORK AV WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AV ONTARIO ST ONTARIO ST VINE AVVINE AV WESTERN ST WESTERN ST CC HH EERRRRYY SS TT CHERRY ST CHERRY ST L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 619 W New Y ork AvenueArial Map City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 11/2/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 28 SR-5 I SR-9 I-PD SR-5-UTO WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AV W NEW YORK AVW NEW YORK AV W NEW YORK AVW NEW YORK AV WISCONSIN ST WISCONSIN ST W NEW YORK AVW NEW YORK AV ONTARIO ST ONTARIO ST VINE AVVINE AV WESTERN ST WESTERN ST CC HH EERRRRYY SS TT CHERRY ST CHERRY ST L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: rachela 619 W New Y ork AvenueZoning Map City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 11/2/2022 1 in = 100 ft1 in = 0.02 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI 29