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Home My WebLink AboutItem IITEM I – 2008 Mitchell Street - Design Standards Variance PLAN COMMISSION STAFF REPORT FEBRUARY 20, 2024 ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A HOME ADDITION ON THE FRONT FAÇADE AT 2008 MITCHELL STREET GENERAL INFORMATION Applicant: Chris Kidd Owner: William Nienass Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow a home addition on the front façade at 2008 Mitchell Street. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(D)(4) Orientation. Additions to a principal structure and other changes that extend the building’s footprint shall be placed on a rear façade, or side façade if rear is not practical, in order to have a minimal impact on the overall scale and character of the original house. Section 30-241(D)(5)(a) Height and Footprint. Additions and changes that increase the building’s height shall not be taller than the principal structure’s dominant or highest roof ridgeline and shall not overpower the principal structure’s overall scale and massing. Property Location and Background: Page 1 ITEM I – 2008 Mitchell Street - Design Standards Variance The subject property is a residential lot located at 2008 Mitchell Street, just north of West Linwood Avenue, and is approximately 6850 square feet in area. According to the City of Oshkosh Assessor’s website the subject property contains a 594 square foot one-story single- family residential structure that was built in 1920. The neighborhood varies in housing styles with the majority of them being one story; there are a few two-story two-family homes one block away from the subject site. Just to the north of the subject property, at the end of Mitchell Street, are the Mitchell Park Condominiums. All of these homes consist of one-story structures with an attached garage. The subject site is zoned Single Family Residential-5 (SR-5) while the surrounding properties are zoned Duplex Residential-6 (DR-6), Multifamily Residential-12 (MR-12), and Single Family Residential-9 (SR-9). In December of 2023 the applicant submitted design plans for an addition on the front façade at the subject site. At that time the applicant was made aware that the submitted design plans did not meet the City’s Residential Design Standards and therefore could not be approved. The applicant requested a variance and staff provided the appropriate application. The applicant proceeded to submit a Design Standards Variance application to allow for an addition on the front façade of the home located at 2008 Mitchell Street. Subject Site Existing Land Use Zoning Single-Family Residential SR-5 Recognized Neighborhood Organizations Ferry Crossings Adjacent Land Use and Zoning Existing Uses Zoning North Single Family Residential SR-5 South Single Family Residential SR-5 East Single Family Residential SR-5 West Two Family Residential DR-6 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 I – 2008 Mitchell Street - Design Standards Variance 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 applicant would like to add a 600 square foot, two-story addition to the front façade of the home at 2008 Mitchell Street. According to the applicant the proposed placement of the addition was done so because of the home’s current layout, explaining that the rear of the home is where the kitchen and bathroom are located; which contain major components like electrical, gas, water, and cabinetry. The applicant feels that proposing an addition off this side of the home would incur unnecessary financial hardships because those major components would have to be redesigned. The applicant also stated that these Design Standard codes restrict doing a project that would allow a reasonable way to expand the footprint of this home. The applicant also stated that the current front setback does not look proportioned to the neighboring properties and this addition would provide curb appeal and value to neighboring properties. While staff understand the applicant feels that an addition on the rear of the home would cause an undue financial hardship, financial and self-imposed hardships are not sufficient reasons for granting a variance. In conversations with the applicant staff explained that, per the City’s Residential Design Standards, the proposed plans could not be approved because sufficient space is available off the rear of the home to build an addition; and that the Design Standards do not provide an exception from this requirement based on a home’s current layout. Furthermore, and based on the provided drawings, staff explained that the City’s Design Standards also do not allow for an addition’s roof ridgeline to be taller than the principal structure’s dominant roof ridgeline and that the addition’s height shall not overpower the overall scale and massing of the principal structure. An exception to this height standard can be made if an addition conforms and is compatible with the principal structure’s overall architectural style and roof shapes, and becomes an integral part of the structure’s overall building form and design. As proposed, the current roof design of this two-story addition does not meet the requirements of that exception and granting a variance would set an unnecessary precedent for future requests. It should also be noted that the Building Inspections Division has concerns with the plans as proposed because the second story is showing a double canteliever design. In order to obtain approval from Inspection Services a full set of scaled construction plans will be required to be submitted. Construction details, including how the double cantilever area will be framed, along with foundation details, energy compliance (RESCheck), roof framing, header sizes, etc. are all required to be included with the plan set for review. Page 3 ITEM I – 2008 Mitchell Street - Design Standards Variance Site Plan Site Plan Showing Proposed Addition on Front Façade Page 4 ITEM I – 2008 Mitchell Street - Design Standards Variance Facades Current Front Façade (Google Image from 2013) Page 5 ITEM I – 2008 Mitchell Street - Design Standards Variance Proposed Front Façade Proposed North Elevation View Page 6 ITEM I – 2008 Mitchell Street - Design Standards Variance (Section 30-241(D)(5)(a)(i) An exception to the height standard can be made if the addition conforms and is compatible with the principal structure’s overall architectural style and roof shapes and becomes an integral part of the structure’s overall building form and design.) The two images above show the subject property and the surrounding residential properties. The top image shows a view looking directly at the subject property and the neighboring properties. The second image shows a view looking northwest from West Linwood Avenue, which is the opposite side of Mitchell Street. The two street view images above show the immediate surrounding neighborhood that consists of mostly one-story homes. For this reason, as well as the available area for an addition of this size to properly fit within the rear yard, and the nonexistence attempt to incorporate the existing roofline into the proposed new roofline, Staff does not support the variance request as it would be contrary to public interest and run contrary to the ordinance’s intent. RECOMMENDATION Staff recommends denial of a variance from the City’s Residential Design Standards to allow a home addition on the front façade with the following findings: Findings: 1. Financial and self-imposed hardships are not sufficient reasons for granting a variance. The applicant has selected to place the addition on the front façade of the home while there is sufficient area on the rear of the home and rear yard. 2. The variance request is a result of financial and personal preference of the applicant/owner instead of being specific to the property’s circumstances. 3. Granting this variance request would be contrary to public interest as it would be arbitrary and run contrary to the ordinance’s intent. 4. Granting this variance would set an unnecessary precedent for future requests. Page 7 Page 8 Page 9 Page 10 MITCHELL ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/9/2024 1 in = 20 ft1 in = 0 mi¯2008 MITCHELL ST 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 11 DESIGN STANDARDS VARIANCE 2008 MITCHELL ST PC: 2-20-24 MSM MANAGEMENT LLC 3123 SHELDON DR OSHKOSH WI 54904 DENTON/EMMA PLAGENZ 2019 MITCHELL ST OSHKOSH WI 54901 THOMAS /KATHY FRANCIS JR 2016 MITCHELL ST OSHKOSH WI 54901 WILLIAM A NIENASS 2008 MITCHELL ST OSHKOSH WI 54901 MATTHEW J PAULSEN 2006 MITCHELL ST OSHKOSH WI 54901 CHAD M SCHROEDER 1320 W LINWOOD AVE OSHKOSH WI 54901 JULIE A LEMANSKI 2005 VINLAND ST OSHKOSH WI 54901 SALLY A WOLDT 2025 VINLAND ST OSHKOSH WI 54901 FERRY CROSSING NBHD ASSOC C/O ROB KASPER 2355 PARKSIDE DR OSHKOSH WI 54901 FERRY CROSSING NBHD ASSOC C/O SCOTT & VICKY VANASTEN 2260 CRANE ST OSHKOSH WI 54901 Page 12 OLIVE ST MITCHELL ST ALDEN AV COLUMBIA AV PARKSIDEDR VINLAND ST W LINWOOD AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/9/2024 1 in = 120 ft1 in = 0.02 mi¯2008 MITCHELL ST 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 13 SPRUCE ST W BENT AV HOBBS AV W SMITH AV MINERVA ST WINCHESTER AV WILSON AV ROOSEVELT AV FIRESIDE CIR COLUMBIA AV KAITLYNN CT BEECH ST PARKSIDE CT WALNUT ST CEDAR ST BEECH ST LIBERTY ST WESTERN ST ONTARIO ST MITCHELL ST MARQUETTE AV HOLLISTER AV S H E RI D A N ST PLYMOUTH ST ALDEN AV CLARK S C T W BENT AV MORGAN AV MITCHELL ST SHERIDAN ST PLYMOUTH ST OLIVE ST CRANE ST HEARTHSTONEDR MORGAN AV WALNUT ST ONTARIO ST STILLWELL AV W GRUENWALD AV VIOLA AV PARKSIDE DR SHERIDAN ST CRANE ST MINERVA ST MINERVA ST WALNUT ST ELMWOOD AV W MURDOCK AV VINLAND ST W LINWOOD AV A L G O M A B L V D OshkoshOshkoshCity LimitCity Limit DR-6 DR-6 DR-6 DR-6 DR-6 I I I I-PD MR-12 MR-12-PD MR-20 MR-36MR-36-PD NMU SMU SR-3 SR-3 SR-3 SR-3 SR-5 SR-5 SR-5 SR-9UMU J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/9/2024 1 in = 500 ft1 in = 0.09 mi¯2008 MITCHELL ST 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 ALDEN AV MITCHELL ST VINLAND ST W LINWOOD AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 1/9/2024 1 in = 100 ft1 in = 0.02 mi¯2008 MITCHELL ST 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 15