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Home My WebLink AboutItem IIPLAN COMMISSION STAFF REPORT JUNE 4, 2024 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW FOR A DECK ON THE FRONT FAÇADE AT 407 WEST 11TH AVENUE GENERAL INFORMATION Applicant/Owner: Julio Moran Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow for a deck on the front façade at 407 West 11th Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(C)(2) Decks, balconies, and patios shall be constructed only on a building’s rear or interior side facades. Property Location and Background: The subject property is a residential lot located at 407 West 11th Avenue and is approximately 10,000 square feet in area. The property is a corner lot with 11th Avenue running along the north and Iowa Street to the east. The property contains an 1,818 square-foot 1.5 story two- family residential structure that was built in 1920 according to the City of Oshkosh Assessor’s website. The surrounding area consists of single-family uses with varying character and similar scale. The subject property and surrounding properties are zoned Two-Flat Residential-10 (TR- 10). Page 1 ITEM II - 407 W 11th Avenue - Design Standards Variance The home, detached garage, and driveway are positioned in such a way that this property essentially does not have a rear or interior side yard. The applicant is proposing to construct a 29’ x 14’ 7” deck on the façade of the home that faces Iowa Street. Complete work proposed includes replacing existing patio door, constructing a new deck, and necessary steps for ingress and egress. Applicable ordinance prohibits decks on street facing facades; therefore, Plan Commission review and a design standards variance are necessary for this project. Subject Site Existing Land Use Zoning Single-family Residential Two-Flat Residential-10 (TR-10) Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Two-family Residential Two-Flat Residential-10 (TR-10) South Single-family Residential Two-Flat Residential-10 (TR-10) East Single-family Residential Two-Flat Residential-10 (TR-10) West Single-family Residential Two-Flat Residential-10 (TR-10) 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 “Decks, balconies, and patios shall be constructed only on a building’s rear or interior side facades.” 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. Page 2 ITEM II - 407 W 11th Avenue - Design Standards Variance 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 construct a 29’ x 14’ 7” deck and replace the patio doors on the façade of the home that faces Iowa Street. Staff informed the applicant that Plan Commission review and a design standards variance were necessary in order to permit a deck on a front façade. The above image shows the street-facing façade of the subject property where a deck is proposed. The above image shows a site plan of the proposed deck. Page 3 ITEM II - 407 W 11th Avenue - Design Standards Variance Staff feel that this design standards variance request is not contrary to the public interest because the proposed deck will meet the principal structure setback requirements for the TR-10 zoning district. Required principal structure front setback for the TR-10 zoning district is 25 feet and the proposed deck will be setback 46 feet per the submitted site plan. Staff also feel that the property provides an unnecessary hardship because the current layout of the home, detached garage, and driveway do not allow for an interior side yard or rear yard, therefore eliminating the possibility for a deck where the zoning ordinance permits them to be constructed. The two above images show some of the surrounding residential properties. The top image shows the view looking west along West 11th Avenue and the other image shows the view looking southwest at the intersection of West 19th Avenue and Iowa Street. Page 4 ITEM II - 407 W 11th Avenue - Design Standards Variance RECOMMENDATION Staff recommends approval of a variance from the City’s Residential Design Standards to allow for a deck on the front façade with the following conditions and findings: Conditions: 1. Proposed deck must meet the requirements of 30-241(C)(3) which states: Porches, decks, and patios that can be viewed from the public street shall include elements such as, columns, posts, railings, and spindles/balusters. Porches, decks, and patios shall be constructed in cedar, cypress, redwood, or appropriate composite materials such as wood sawdust or mineral composite/high density polyurethane plastic (HDPE), plastic, and pressure treated lumber. 2. Proposed deck must meet the requirements of 30-241(C)(3)(a) which states: Elements constructed in pressure-treated lumber shall be painted or stained after a curing period of no greater than 18 months. 3. Proposed deck must meet the requirements of 30-241(C)(3)(b) which states: Spindles or balusters shall not be secured to the outside face of the deck or other supports (including but not limited to, rails, rim joists, beams, or columns). 4. Proposed deck must meet the requirements of 30-241(C)(3)(b)(i) which states: Fasteners that connect vertical components (spindles, balusters, posts, etc.) to horizontal components (top or bottom rails) shall be concealed so that they are not visible from the public right-of-way. Findings: 1. The variance will not be contrary to the public interest. 2. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. Page 5 Page 6 Page 7 Page 8 Page 9 DESIGN STANDARDS VARIANCE 407 W 11TH AVE PC: 6-4-2024 KEVES7 LLC PO BOX 1124 BROOKFIELD WI 53008-1124 TYLER T SOWATZKE 357 W 11TH AVE OSHKOSH WI 54902-6411 BRANDON SOBOJINSKI 356 W 12TH AVE OSHKOSH WI 54902-6420 LARRY L RASMUSSENE 33 ADAMS ST WINNECONNE WI 54986-9182 SCOTT A/RONDA S SCROVINSKI 412 W 11TH AVE OSHKOSH WI 54902-6414 ANTHONY PANSKE JR 404 W 11TH AVE OSHKOSH WI 54902-6414 TYSON PROPERTIES LLC 1926 ARIZONA ST OSHKOSH WI 54902-7009 BRADLEY J BAERWALD 411 W 11TH AVE OSHKOSH WI 54902-6413 JULIO M/NICOLE D MORAN 407 W 11TH AVE OSHKOSH WI 54902-6413 BRYAN G/CANDI J FOURNIER 1111 IOWA ST OSHKOSH WI 54902-6429 PATRICIA M GIESE 416 W 12TH AVE OSHKOSH WI 54902-6422 VANESSA L FRANK 412 W 12TH AVE OSHKOSH WI 54902-6422 JENNIFER L WITCZAK 402 W 12TH AVE OSHKOSH WI 54902-6422 JACOB ALBRIGHT ANGELA TYLER 3358 SAND PIT RD OSHKOSH WI 54904-9228 Page 10 IOWA ST W 12TH AV W 10TH AV W 11TH 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: 4/22/2024 1 in = 120 ft1 in = 0.02 mi¯407 W 11TH 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 11 W 7TH AV F L O R ID A A V W 5TH AV IOWA ST MINNESOTA ST W 16TH AV IOWA ST MICHIGAN ST IOWA ST MICHIGAN ST MINNESOTA ST W 4TH AV W 7TH AV ARIZONA ST W 15TH AV W 6TH AV W 14TH AV W 16TH AV W 11TH AV W 8TH AV W 10TH AV DELAWARE ST W 7TH AV W 8TH AV W 6TH AV W 11TH AV W 10TH AV W 12TH AV W 5TH AV W 14TH AV W 15TH AV W 5TH AV W 6TH AV W 11TH AV W 10TH AV W 8TH AV PLUMMER ST MICHIGAN ST MINNESOTA ST W 12TH AV W SOUTH PARK AV OHIO ST W 9TH AV OREGON ST CMU CMU-PD I I II III I I I I-PD I-PD MR-12 MR-12-PD RMU RMU RMU-PD RMU-PD RMU-PD-RFO SR-9 SR-9 TR-10 TR-10 UMU UMU UMU UMU UMU-PD 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: 4/22/2024 1 in = 500 ft1 in = 0.09 mi¯407 W 11TH 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 12 IOWA ST W 12TH AV W 11TH AV W 10TH 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: 4/22/2024 1 in = 100 ft1 in = 0.02 mi¯407 W 11TH 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 13