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HomeMy WebLinkAboutItem IITEM I – 14 E Melvin Avenue - Design Standards Variance 1 PLAN COMMISSION STAFF REPORT MAY 16, 2023 ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA REDUCTIONS AND CLOSURES ON THE FRONT FAÇADE AT 14 E MELVIN AVENUE GENERAL INFORMATION Applicant/Owner: Nick Keller Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow window area reductions and closures on the front façade at 14 E Melvin Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(B)(1) Existing window openings on front facades including gables shall not be closed or filled (totally or partially). Property Location and Background: The subject property is a residential lot located at 14 E Melvin Avenue and is approximately 3060 square feet in area. The property contains a 1328 square foot 2 story single-family residential structure which was built in 1920 according to the City of Oshkosh Assessor website. The property directly to the east of the subject property appears to be very alike in character, having an enclosed front porch and similar roof lines, while the rest of the surrounding area vary in character with a similar 2 story scale. Directly to the west is a North Main Street commercial property with a parking lot abutting the subject properties west side yard. The Page 1 ITEM I – 14 E Melvin Avenue - Design Standards Variance 2 subject property and the surrounding properties are zoned Two Flat Residential (TR-10) and Urban Mixed Use (UMU). The applicant was issued a siding permit on June 8, 2022 to replace siding and an inspection was completed on October 31, 2022 to approve said siding. On March 21, 2023 Planning Staff was made aware that new windows were also installed on the front porch, resulting in a window size reduction and closure on the front façade. At that time the owner was made aware that a design standards variance was needed in order for the work to not be in violation of the above noted code section. The owner then submitted the proper design standards variance application. Subject Site Existing Land Use Zoning Single-Family Residential TR-10 Recognized Neighborhood Organizations Midtown Adjacent Land Use and Zoning Existing Uses Zoning North Single Family Residential TR-10 South Single Family Residential TR-10 East Single Family Residential TR-10 West Commercial / Restaurant UMU 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 “Existing window openings on front façades including gables shall not be closed or filled.” These standards seek to prevent blank monotonous facades on the front and street side facades of residences. Oftentimes these front, street facing facades, are the most prominent portions of the properties. 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: Page 2 ITEM I – 14 E Melvin Avenue - Design Standards Variance 3 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 applicant stated that they converted the screened porch into an enclosed porch so it would be weather proof, more secure, and reduced the previous seven window openings down to two openings. The applicant feels this change improves the look of the home and could potentially increase the value and desire of the home. Planning staff reviewed this alteration with Assessors Department staff and they stated that new siding, windows, and enclosing a porch will increase the property value. The new windows and porch enclosure were done without zoning, inspections, or Plan Commission review or approval. On March 22, 2023 Planning staff sent a correction notice to the property owners. The applicant had conversations with Planning Services staff regarding the modifications to the interior of the house and the window openings on the façade. Planning staff informed the owner they could not issue a permit by-right due to the street side façade window closures and that Plan Commission review and a design standards variance were necessary. 14 E Melvin Avenue Windows Current Proposed % Change Windows (7 on 1st floor) 58”x42” (5) 58”x36” (1) 58”x18” (1) 85 sq. ft. 48”x48” (2) 32 sq. ft. 62.4% Reduction Windows (3 on 2nd floor) 58”x27” (2) 35”x20” (1) 58”x27” (2) 35”x20” (1) No Change Doors (1) 36”x80” (1) 36”x80” (1) No Change Total Window/Door Area 131.75 sq. ft. 78.75 sq. ft. 40.2% Reduction Estimated % of Façade Area (Windows/Doors) 27.5% 16.4% 11.1% window area reduction Table 1 – window and door area calculations based on façade estimate due to work being done without a valid permit. Page 3 ITEM I – 14 E Melvin Avenue - Design Standards Variance 4 Previous Façade (Google Image from 2013) Current Façade The above images show the original condition of the façade with the previous window openings and the current façade with the reduced window area. Page 4 ITEM I – 14 E Melvin Avenue - Design Standards Variance 5 Staff has had in person, email, and phone discussions with the applicant. Staff generally asks for window and door areas for the façade(s) in question either at the time of application submittal or afterwards during the process of preparing a recommendation. The applicant provided the window areas for the façade in question and this helped staff during the process. The applicant stated in their application that they used 4’ x 4’ vinyl slider windows and 2’ x 4’ stick framing with plywood sheathing with a vapor barrier for the framing around said window. Staff evaluated the completed work previously described and the impact on the design of the home in regard to the purpose and intent of the residential design standards. The standards relate to preserving the home’s architectural integrity and the potential impact on adjacent properties, the neighborhood character and “curb appeal” of the block. In working with the applicant, staff considered: • Potential impact of the completed modifications on the architectural integrity of the home • Potential impact on neighborhood character • Whether the proposed work met the intent of the Residential Design Standards Page 5 ITEM I – 14 E Melvin Avenue - Design Standards Variance 6 The two above images show the subject property and some of the surrounding residential properties. The top image shows the view looking east along E Melvin Avenue and the image just above shows the view looking west. Staff considers the work the applicant has completed to be a change to an existing building under the zoning ordinance. Per Section 30-241(D)(1) a change includes any alteration to existing architectural features (in this case windows or doors) on a wall plane. After evaluating the petitioner’s application, examining the property and surrounding context and discussing the property internally, staff is of the opinion that the completed work has not had a major detrimental impact on the architectural integrity of the front façade. However, the removal of the existing windows does result in a reduction of total window area on the front façade by approximately 13.5%. As is shown in the two above street view images, the surrounding neighborhood consists of varied architectural styles. In looking at the neighboring context no one style prevailed. Staff does not support the completion of work without the appropriate approvals and permits. However, the applicant has worked with staff to address the no permit and window reduction violations. The percentage of façade area devoted to windows was reduced below the 25 percent code requirement on the front façade, but new siding, doors, and windows were installed, increasing the overall curb appeal of this home. These additional improvements were considered in staff’s recommendation and staff feel that the overall project does not negatively affect the neighborhood, and with the installation of one more window, will not negatively impact the architectural integrity of the home. Staff supports the variance request with the following conditions. RECOMMENDATION Staff recommends approval of a variance from the City’s Residential Design Standards to allow for window reductions and closures on the front façade with the following conditions and finding: Page 6 ITEM I – 14 E Melvin Avenue - Design Standards Variance 7 Conditions: 1. Install one additional window east of the front door, additional window to be reviewed and approved by staff prior to installation. 2. All current and future work on the house shall meet the Residential Design Standards and any work not in compliance with the standards shall be filed as separate requests for Plan Commission review and approval. 3. Applicant/Owner shall obtain all required approvals and permits for this and any future work conducted at the property. Finding: 1. The variance will not be contrary to the public interest. Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 E MELVIN AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/24/2023 1 in = 20 ft1 in = 0 mi¯14 E MELVIN AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14 DSV 14 E MELVIN AVE PC: 5-16-2023 LINDA L ANDERSON 23 E MELVIN AVE OSHKOSH, WI 54901 MARVIN J COSEY JR 19 E MELVIN AVE OSHKOSH, WI 54901 ZWIRCHITZ PROPERTIES LLC 2545 SHOREWOOD DR OSHKOSH, WI 54901 DK PROPERTY HOLDINGS LLC 934 N MAIN ST OSHKOSH, WI 54901 DARREN VANDREEL/MARY MCPHEE 1019 JEFFERSON ST OSHKOSH, WI 54901 CHANCELLOR VERKUILEN 1009 JEFFERSON ST OSHKOSH, WI 54901 CLAIR L HASSELL 1912 E MELROSE AVE APPLETON, WI 54911 MELISSA A NOVAK 18 E MELVIN AVE OSHKOSH, WI 54901 SHERRY L SOSNOSKI 1625 MARICOPA DR OSHKOSH, WI 54904 1010 N MAIN ST LLC 1010 N MAIN ST OSHKOSH, WI 54901 JOE STEPHENSON 934 JEFFERSON ST OSHKOSH, WI 54901 ALANA ERICKSON 841 MOUNT VERNON ST OSHKOSH, WI 54901 NK3 INVESTMENTS LLC 313 SHERRY ST NEENAH, WI 54956 Page 15 SCOTT AV JEFFERSON ST DIVISION ST PROSPECT AV W MELVIN AV E MELVIN AV BALDWIN AV N MAIN ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/24/2023 1 in = 120 ft1 in = 0.02 mi¯14 E MELVIN AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 16 SCOTT AV E LINCOLN AV EASTMAN ST E TENNESSEE AV GRAND ST PROSPECT AV E CUSTER AV PROSPECT AV SCOTT AV ANNEX AV VILAS AV E TENNESSEE AV E CUSTER AV W LINCOLN AV E MELVIN AV STERLING AV E CUSTER AV BROAD ST MT VERNON ST ROCK PL GRAND ST MARSTON PL FULTON AV GEHRESCT E MELVIN AV W LINCOLN AV BALDWIN AV FULTON AV STERLING AV DIVISION ST MERRILL ST CENTRAL ST FREDERICK ST MT VERNON ST JEFFERSON ST BROAD ST W MELVIN AV BROAD ST JEFFERSON ST CENTRAL ST KENTUCKY ST W CUSTER AV MT VERNON ST AMHERST AV BALDWIN AV CONGRESS AV PYLE AV TI T AN CT MT VERNON ST MONROE ST FREDERICK ST FRANKLIN ST CENTRAL ST DIVISION ST JEFFERSON ST BROAD ST MONROE ST CENTRAL ST FRANKLIN ST FREDERICK ST WRIGHT ST SARATOGA AV WRIGHT ST CENTRAL ST DALE AV JEFFERSON ST MONROE ST GRAND ST EASTMAN ST E IRVING AVW IRVING AV N MAIN ST E NEW YORK AVW NEW YORK AV HARRISON ST JACKSON ST I I I I I-PD I-PD MR-12 MR-12 MR-20 SR-5 SR-5 SR-9 SR-9 SR-9 TR-10 TR-10 TR-10-PDTR-10-PD TR-10PDUTO UI UI-PD UMU UMU UMU-PD UMU-PD C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/24/2023 1 in = 500 ft1 in = 0.09 mi¯14 E MELVIN AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 17 PROSPECT AV SCOTT AV W MELVIN AV E MELVIN AVJEFFERSON ST N MAIN ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/24/2023 1 in = 100 ft1 in = 0.02 mi¯14 E MELVIN AVE City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 18