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Home My WebLink About2001-Letter (Board of Appeals) � Ciry of Oshkosh � Dept.of Community Development 2l5 Church Ave.,PO Box 1130 JACKSON R KINNEY Oshkosh,VVI 54903-1130 Director OlHKQIH (920)236-5059 (920)23G-5053 FAX ON THE WATER September 13, 200 i Walter M. Tack PO Box 1315 �,1 Sheboygan Street Fond du Lac, Wisconsin 54936 RE: 911 W itzel Avenue, Oshkosh,W isconsin 54901 Dear Mr. Tack: On September 12, 2001 the Board of Appeals approved your request that the C-2 General Commercial zoning district boundary line be moved to the west lot line of the subject parcel. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on September 13, 2001. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on March 13, 2002 unless you have obtained a permit for the activity ailowed by the � variance. If you fail to get a permit by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after tl�e filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday, or call (920) 236-5050 for an appointment. Please brin� all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at(920)236-5062. Sincerely, <i��i%/� � Matt Tucker Associate Planner MT/m Id Cc: Inspection Services Division , City Hall �°�� Ciry of Oshkosh � Dept of Community Developmrnt �� City Hall � � 215 Church Ave.,PO Box 1130 Oshkosh,WI 54903 (920)236-5059 BOARD OF APPEALS AGENDA - SEPTEMBER 12,2001 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals wili meet on WEDNESDAY, SEPTEMBER 12,2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF AUGUST 22,2001 MEETING NIINUTES I: 1410 ALGOMA BOULEVARD Barbara Hirshfeld, applicant for Paine Art Center& Arboretum, requests a variance to construct a pergola with a 19' front yard setback, whereas Section 30-18(B)(5)(iii)of the City of Oshkosh Zoning Ordinance requires a 20' front yazd setback. II: 911 WITZEL AVENUE Walter M.Tack, applicant and owner, requests the Board of Appeals, per Section 30-6(D)(3), to extend a zoning district boundary line where the boundary line divides a lot held in single ownership. III: 804 OHIO STREET James A. Nigl, applicant and owner, requests a vatiance to construct a parking lot with a 5' transitional yazd setback, whereas Section 30-35(B)(c) of the City of Oshkosh Zoning Ordinance requires a 19'3" transitional yazd setback. Boazd of Appeals Minutes -2- September 12, 2001 �' Findings: Mr. Schorse stated that because of the uniqueness of the lot, it being bordered on 3 sides by front yards, the use of the properiy, and the position of the structure, it is the minimum needed to accomplish this purpose. Ms. Hentz further added that it has no adverse impact on the neighborhood. II: 911 Witzel Avenue � Walter M. Tack, applicant and owner, requests the Board of Appeals, per Section 30-6(D)(3), to extend a zoning district boundary line where the boundary line divides a lot held in single ownership. Matt Tucker introduced the item and presented pictures. Walter Tack, 324 Pheasant Court, Fond du Lac, owner and applicant, stated he had the property appraised 3 years ago and at tl�at time was reminded that there is a small strip of land that is zoned residential. It was recently brought to his attention again because he has an interest in refinancing and the lender suggested having the entire property zoned as commercial. Chairman Krueger asked if the area is combined into one lot. Mr. Tucker said yes that it is assessed as one parcel. � John Paulik, 921 Witzel Avenue, questioned the area involved and questioned when the subject pazcel was purchased from the City of Oshkosh. He noted that he was against the request to extend the zoning district boundary line from residential to commercial because he does not want to see all commercial buildings around him. Mr. Tucker responded that according to the assessment record the property was purchased in 1987. He explained that this portion of the lot is a land locked piece and any plans to expand the property would require that the owner obtain a Conditional Use Permit for the intended use. He added that this request is essentially a tool to correct the zoning line on a property in split zoning. Board discussion followed. Mr. Kluessendorf questioned why the Planning Commission recommended denial of the rezoning of the subject property when on October 3, 1985 the Common Council rezoned the parcels from R-2 to C-2. Mr. Tucker said he did not have the minutes from the Planning Commission meeting at this time. He noted that the existing use is a conditional use. He added that at the time the property was initially developed, the protective tools that currently exist were not in the zoning code. Chairman Krueger noted that it is not unusual when lots aze combined for there to be zone line changes. Motion by Schorse for approval to extend a zoning district boundary line. Seconded by Hentz. Motion carried 4-0. Unanimous. Findings: It was concluded that it was a matter of cleaning up zoning boundaries so the lot is not split by two different restrictions. STAFF REPORT BOARD OF APPEALS SEPTEMBER 12,2001 ITEM II: 911 WITZEL AVENUE GENERAL DESCRIPTION AND BACKGROUND Walter M. Tack, applicant and owner, requests the Board of Appeals, per Section 30-6(D)(3), to extend . a zoning district boundary line where the boundary line divides a lot held in single ownership. Residential use to the south and commercial and industrial uses to the north and east characterize the general area. The subject lot is zoned C-2 General Commercial District and R-2 Single Family Residence District. The business at the subject property is the Jet Stream Car Wash. ANALYSIS AND RECOMMENDATION The property subject to this request is located on the south side of Witzel Avenue, between Knapp Street and Idaho Street. The property is being used commercially, and has been used in its current configuration since 1986. The majority of the property, including the portion of the lot containing all � improvements, is zoned C-2 General Commercial District. The southwesterly portion of the lot, approximately 9,800 Square feet, is Zoned R-2 Two Family Residence District. This portion of the lot • was purchased from the City of Oshkosh in 1987. At that time,the two pieces of property were combined, which results in the property being in two zoning districts. The driveway on the west side of this development is nonconforming because it does not meet the transitional standards of Section 30-35(B)(1)(c), but the proposed zoning extension will have no effect on this nonconforming condition. Also, there does not appear to be any adverse impact that would result from moving the zoning district line as the property has been used commercially for 15 years, and this use is not being changed. In addition, any plans to expand the property would require that the owner obtain a Conditional Use Permit for this use, which provides the city an opportunity to mitigate any potential negative impact. Staff recommends that the C-2 General Commercial zoning district boundary line be moved to the west lot line of the parcel located at 911 Witzel Avenue. �Aug-20-01 03:49P City of Oshkosh Dept of G 920 236 5053 P . 02 � ' ;�.... ---- - _ - PkaseTvne or Print in BLACK iNK Return to: Department of � � Cammuaity Devdopment _ _ , �� '�^j 215 Cburch Ave. P.O. Box 1130 _ Oshkash, WI 54903-I130 CITY OF OSHKOSH APPLICATION FOR �,r�.,9, � AQA� Please write legibly with bfack ink and also svbmit a compltte reoroducible site nlaa(mazimum size 11" x 17"). (A complete site plan includes, but is not limited to,all structures, Ivt lines and streets with distances to each.)There is a $25.00 fee for each variance appiication. T'he fee is payable to the City of Oshkosh and due at the time the appiication is submitted. - Address of Parcel Affected: Qi'l W ITZEl �JENUt p ,q,_c�+�� Petitioner: �t—r�►.E�-t�,2.PQ,JSE� t�IC -Wp�-cE�N. -�aclC�Home Phone:�'�.►- l 3 S4 . Petitioner's Address:-��.�p,�- 1�1� ZI �}�g,�G!►� S7: . �'�'vrkP[tone:�� q,Zl_0 7'1d' i ��D �,�l= .S�3b-�'�1S Signature Required: Date•_$�.- �I-ZOO 1 Owner(if not petitianerj: Ja►� Home P6one• Owaer's Address: Wark Phone: Signature Requi�ed: Date• [n order to be granted a variance,each applicant must be able to prove ihat an unneeessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant.The attached sheet provides information on what constitutes a hardsE►ip.{Attach additional sheets, if necessary,to provide the information requested. Additional information may be requested as needed.) i _ � G�� -I� ZO�1 � �-�-� .fi�-�-� . � � - �� k� � � �� F �. . �-� _� . .� � ,�.��- _ .� ��° C-� ,�r �� - c.� 9 I l v,� tr�C.. t ,l�•I Cal V E. `� � ��S� ErtTc�.�R�SEs, �I C. �� ` �,..-� ,�. -r-�.�� r ;:� .1 . 1 • + • 3. Describe the special conditions that apply to your lot or structure t6at do not apply to surrounding lots or structures: 4.Describe the hards6ip that would result if your variance were not granted: FOR OFFICE USE ONLY-ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) J�� -�i � S��;;- �.� 6� . c� � _ ��o � /�- ;f l�� ! I � 'Y�fr-=«� �"�-- X� L.� c,c.`y�Z�� L�.-1��'��1.i1�-( i l..r�-'- � ( �v.T dl C!-� �' L`-�'{ l.lii `�(..��.•i,��` 2) -1�'f'1..� ' I'��l.iL.�sk 7) , i".� / /_�.!�TZ_=� ��. L� `>��;�S�f �� .S �%c�� • , 3) ;(-={ �Ft�i �J � i)1c=L.�-=,ti. g) / ?� k,�,i�r,P� � ``_ �-(�, : ,' �L,�� u'� ` :, r � � 4) �' !1�-r;�►-,,:.�,; <<.. �u--�-r� � .- (;� 9) l.�� K 1 -- �-� C`� 5 t-i�c �� S-i z��s-- �`�%� 5) �"_�;-_ ��s �. =�s�� r : to) _ -.�G' �' /li, lfl-�� S; ��'S��k��Slt �, ��_ �(i��_ , i ■ I 137.26' 931 I�I 921 ' I � �,, 911 I 821 '�� y�.� � ' �i � �� .� ��H I I I .I � 1 II 75.75 � � � I� ' o o ��;,� �, o 931A �, i ,� � jl o N . � � o , I _�: N , + i i I � � I ' i i I � li 86.75 I i � �, 'i 50.0' � 137.26' I � „� � � , � � �F= �� "�'�"�� II � �� wa��k �� i � � �>� .��5�� `��"� ' I , &��p1 � (�a5 �f�A. I's"�,`�'''�a �;�,.: �I . II �^�' - <•3' •`�•� E p . {;� 5 dT.�. I 1 F 125.0 - �� , y��;- : �-��'= i� `� �� v I, �` N � s� I � � � I �''' c'M ,� � CV � � III___-- I ---— � --- — ! �, --63 0_ __ I �-'--�_ i �--__- 2so.o,_ _- - --___- o — 0 ; �� DISCLAIMER � A I This map is neither a legally reco�ded map nor g 11 W tzei Avenue I V I a survey and it is rat iMended to be u�d as one. I 'Ihis d�awing is a compilation of recordc,data i and i�d'ormation located in various city,county City of Oshkosh Wisconsin ard state offices and other sourees affecGng ' the area shown and it is to be�ned for reference ��1}��Develo ment 0��1\O�� I purposes only. 'ILe CSty of Oshkosh is not re- `J p sponsible for any inaccuracies herein contained. ON TT1E WATEH i If discrepencies are found,please contact the � (Sty of Oshkosh �� Q Cteated by-NII.,D �2�01 I ( • � GCTOBER 3, 1985 � 2 OaDIN:��C� � • SECO�JD READ I NG (CARRIED LOST LAID OVER WITHDRAW�1 ) PURPOSE: ZONE CHANGE I.�ITIATED GY: DON SCHRAM, ETAL PLAN C0;-4`1?SSION ';ECO.g1ENDATION: DENIED 2-�-1 A G�NERAL ORDI`l�'vCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-2(B) OF THE OSrKOSH MC,";ICI:'AL CODE PERTAINING TO ZONING DISTRICTS. The Common Co�ncil of the City of Oshkosh do ordain as follows: SECTIO� 1. That Section 30-2(B) of the Oshkosh Municipal Code pertaining to Zoning DistLicts and the map therein described is hereby amended by ch:.:ngiag the district chsracter of the following described areas from R-2 Two-Family Residence District to C-2 Light Commercial District: PARCEL A - 911 Witzel Avenue East 125 ft of W 175 ft, S 260 ft, N 293 ft of Lot 110, Map of the SW 1/4, Sec 23, plus public right-of-way abutting the lot extending to the centerline of Witzel �tvenue, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin. PARCEL B - Vacant lot icrnnediately behind 911 Witzel Avneue East 250 ft of the W 300 ft of the S 150 ft of the North - 443 ft of Lot 110, Map of the SW 1/4, Sec 23, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage and publication, Adopted by the .-�-- Council of the City of Osh:c�sn , ' • ..:.3 1 . . . ��e� .A.D., �9... .... . .......... . ; - c:,r c:�.� , I _ � J � ,f �� . ', . . I -.— 846 ,I ,; n � �u 'ect Site . ° --�________. � � � AVE. � � � � � � ; ; � j 931 � 921 � �� 821 ' �� __ �933 � � ' ` � � ' � �T I � _. � . �� i I _ � �i '"�"n �^ri :.�A��d.. I , I � a � �� l ^t� F I 931A , � �; I _ ', � �� .� I �� f�� : I � ; 9,� I �, i I ��` I ��i`-� �� _ � I ' � I � `; '� i li . I °� I I � , , . �j--� —�__- � � i . � � ---- � a, � �:.,::= — � — , I --__ � , T- _ ---- —-- DISCLAIMER Close Up View A' 'ILis map is neither a legally recorded map nor /� � �V a survey and it is not intended to be used as one. 91 1 ��e� /'1Venue 'Ihis drawing is a compilation of recordc,data and information located in various city,county and state olTices and other sources affec6ng City of Oshkosh Wisconsin the area shown and it is to be iued for reference O.IHKOlI-i pwposes only. 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