HomeMy WebLinkAbout4-12-23 322 Court Street Staff Report
322 COURT ST
GENERAL DESCRIPTION AND BACKGROUND
Tim Nuebauer, owner, is requesting variances to the City’s Building Code. Per Oshkosh
Building Code Section 7-33, persons may file an appeal to the Board of Zoning Appeals
as provided in the City Zoning Ordinance, Section 30-6(B)(2)(a) if an equally good or
better form of construction is proposed. All appeals shall be accompanied by supporting
data.
The applicant, Mr. Nuebauer, has applied to convert an existing commercial building into
a single family home. This work has already commenced without permits or inspections
but the need for the variance came up at the plan review stage for the new single family
home.
The owner has submitted an application requesting the below variances to the following
code sections:
1) SPS 321.04(2) Stairway width. Stairways shall be at least 36” in width.
2) SPS 321.04(4) Landings. Landings shall be at least 3’ x 3’ at the top and bottom
of stairways. (This variance is not required if the stairway width variance is
approved. The owner stated that the landing depth is 36” so the landing would be
34”x36”.)
3) SPS 321.04(2)(c)3. Winder Treads. Winder treads are required to be a minimum
of tread depth of 9” when measured at a distance of 12” from the narrow end of
the tread or from the inside face of the wall. (The owner emailed our office after
he had submitted the variance request as I asked for additional information. The
owner stated that tread depth is 10” as it was not shown on the plan submitted. If
the depth of the treads are 10” measured 12” from the narrow end the variance is
not required.)
4) SPS 384.20(5)(o)4. Toilet Clearance. A minimum of 15” is required from the
center of the toilet to the pedestal sink or vanity. (This variance is not required as
the owner has submitted photos after the variance was submitted and the
measurement to the sink complies with minimum requirements).
The City of Oshkosh adopts the State of Wisconsin Uniform Dwelling Code to apply to
all single and two family housing in the City. This code applies to all new 1&2 Family
Dwellings built since June 1, 1980. This structure would be considered a new single
family as it’s a change of use from the commercial building code to the residential
building code.
VARIANCE REQUEST
Allow for the creation of living space within an existing unfinished basement area where
the existing stairway to the basement is 28” wide. Whereas Oshkosh Municipal Code
Section 7-34(B)(2) adopting the State Uniform Dwelling Code Section COMM 21.04
requires a minimum width of 36” for stairways.
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ANALYSIS
In reviewing a variance request, the following question should be addressed:
What proposed means and rationale of providing an equivalent degree of
health, safety and welfare as addressed by the section petitioned will be
provided?
The applicant is requesting to be allowed to construct a bedroom and bathroom within an
existing unfinished basement area where the stairway width does not meet the minimum
code requirements. The current use as an unfinished basement area is different from
finished living space, as once this area is finished it is likely to be occupied on a regular
basis. A bedroom will also be slept in where as in its current state it is only used for cold
storage and mechanicals.
The code as written is intended to allow for persons to safely exit an occupied area. This
is especially important in the event of an emergency such as in the case of a fire or if
someone needs medical assistance.
When reviewing this variance request you must assess what measures the applicant has
proposed to offset the safety issues addressed by the code. In short, what will be done to
make this stairway that is less than the required 36” in width, equally or more safe than
what the code required?
Mr. Neubauer, states the existing stairway to the basement bedroom and bathroom is
code compliant other than the stairway width. He also emailed that the basement wall
along the stairway cannot be easily moved as it’s a bearing wall. Typically there are
options for moving bearing walls or relocating stairways but other proposals were not
offered in the variance application.
The reduced width from the stairway would be a potential hindrance for moving objects
through the stairs, for emergency exiting, and if medical assistance was required. The
basement finished room does have compliant egress windows which would provide
another exit in an emergency situation.
The Uniform Dwelling Code applies to all homes built since June 1, 1980. The City of
Oshkosh adopts this code with some exceptions to apply to existing housing stock to
maintain a level of consistency throughout the City. In this case the City has adopted an
exception to the stairway width requirement for pre 1980 homes where the stairways are
existing and already serve habitable areas. The City of Oshkosh municipal code 7-34(f)
allows the stairway width to be reduced from 36” to 30” for these existing habitable
living spaces and basements. In this case the proposal is not for existing area and is less
than the reduction allowed.
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RECOMMENDATION
Based upon this information, this office recommends approval of the variance request
with the following conditions:
1. An installation of an interconnected smoke detection system meeting the present day
code requirements for new construction will be installed in the home. This is
required due to the change of use to a new single family home.
2. The basement bathroom would be allowed to remain.
3. The basement bedroom would need to be labeled on the plans as finished storage
area. This room could not be utilized as a bedroom since the stairway does not meet
the minimum building code requirements for egress.
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Please Type or Print in BLACK INK £ _'A· gr Oshkosh
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Return to: Department of
Community Development
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903-1130
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Describe how the variance would not have an adverse effect on surrounding properties:
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Describe the special conditions that apply to your lot or structure that do not apply to
surrounding lots or structures:
4. Describe the hardship that would result if your variance were not granted:
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