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Home My WebLink AboutStaff Report 06-12-2024STAFF REPORT BOARD OF APPEALS JUNE 12TH, 2024 ITEM I: 2121 MOUNT VERNON STREET GENERAL DESCRIPTION AND BACKGROUND Madland Properties LLC-applicant/owner, requests a variance to permit an egress window well in the front yard setback: Description Code Section Minimum Proposed Increase of Front Yard Setback 30-113(B)(2)(a) 25’ 21’10” The subject property is zoned Single Family Residential-9 (SR-9) and being used for single-family residential purposes. The principal structure was originally built in 1956 and is a ranch-style home with 1,038 sf of total area according to City Assessor Property Records. A detached 24’ x 24’ garage is located west of the principal structure and is accessed via a driveway located on the south side of the home. The property is rectangular in shape and located mid-block on the west side of Mount Vernon Street. Adjacent land uses include single-family residential in all directions. ANALYSIS In reviewing a variance request, the following questions should be addressed When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The applicant submitted a building permit 05/15/24 to install an egress window well on the east (front) side of the home. The egress window well is needed as the property owner is remodeling the basement of the home with various improvements including a habitable bedroom where the egress well is required for safety and building code purposes. The permit was denied for zoning purposes as the egress window well would extend 3’8” from the home and into the minimum required 25’ front yard setback. The minimum setback for the home in this instance is determined as “the mean of the adjoining same type of principal structures on the block.” Therefore, a variance is needed to allow the egress window well to extend 3’2” into the minimum front yard setback since the applicant has noted on their application materials and correspondence with the city the home to the north and south are both located at 25’. 1 STAFF REPORT BOARD OF APPEALS ITEM I -2- JUNE 12TH, 2024 Alternative placement of the egress window well is not practical on the north (side) of the home as an existing gas line is currently located there and runs the entire length of the home to the west (rear). Likewise, alternative placement on the south (side) of the home is not possible as the existing driveway is located in this vicinity. These existing development conditions of the property are unique physical limitations creating justifiable hardship in this instance and caused by a situation outside of the applicants’ control. Granting the variance will not create any harm to the public interest as the egress window well will be near grade and the visual impact will be minimal from the public right-of- way. A landscaping-related condition of approval is being recommended to mitigate any visual impact associated with the variance if granted. RECOMMENDATION Based on the information provided within this report, approval of the variance is recommended with the following condition: 1. Evergreen shrubs are planted in front of the egress window well to buffer and screen the improvement in the setback as approved by the Department of Community Development. 2 3 4 5 Attachment to BOA Packet 06/12/24 2121 Mount Vernon View of subject property looking west 6 Attachment to BOA Packet 06/12/24 2121 Mount Vernon View from subject property looking east 7 Attachment to BOA Packet 06/12/24 2121 Mount Vernon View from subject property looking south 8 Attachment to BOA Packet 06/12/24 2121 Mount Vernon View from subject property looking north 9 Attachment to BOA Packet 06/12/24 2121 Mount Vernon View of subject property looking northwest 10 ALYX PETERSON 2202 MOUNT VERNON ST OSHKOSH WI 54901-1938 AMANDA C MICHAEL 2122 JEFFERSON ST OSHKOSH WI 54901-1908 BENJAMIN J JAEGER 2110 JEFFERSON ST OSHKOSH WI 54901-1908 CHARLES W/CYNTHIA ROSENAU 2209 MOUNT VERNON ST OSHKOSH WI 54901-1937 CLAUDE D/EDWINA M BENEDICT LIFE ESTATE 2116 MOUNT VERNON ST OSHKOSH WI 54901-1936 DAVID RUSCH 2200 JEFFERSON ST OSHKOSH WI 54901-1910 JASON R ELMER/TIA A BLATCHFORD 2122 MOUNT VERNON ST OSHKOSH WI 54901-1936 KAYLA VO 2117 MOUNT VERNON ST OSHKOSH WI 54901-1935 KEY INVESTMENTS LLC W6154 MAPLE BLUFF LN MENASHA WI 54952-9767 KLINGER PROPERTIES INC 1910 HARRISON ST OSHKOSH WI 54901-2344 LAURA E DAMON 2107 MOUNT VERNON ST OSHKOSH WI 54901-1935 MADLAND PROPERTIES LLC 1728 JEFFERSON ST OSHKOSH WI 54901-3023 MAI CHONG LOR 2108 MOUNT VERNON ST OSHKOSH WI 54901-1936 NATALIE DITSCHEIT 2128 JEFFERSON ST OSHKOSH WI 54901-1908 TRENT J/LORI A SPIEGELBERG 2116 JEFFERSON ST OSHKOSH WI 54901-1908 WILLIAM E/LYNDA S MAGRITZ SR 2111 MOUNT VERNON ST OSHKOSH WI 54901-1935 11 2116 2102 2117 2107 2103 2111 2121 2201 2209 2213 2108 202 2122 2202 2206 2212 2110 2116 2122 2128 2200 2206 2210 MT VERNON ST MT VERNON ST C:\Users\rachela\Desktop\Planning Base Map - For Windows 10.mxd User: rachela 1 2 2 1 M o u n t V e r n o n S t r e e tSite M a p City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 6/3/2024 1 in = 50 ft1 in = 0.01 mi¯ 10 0 10 20 30 40 50 60 70 805 Feet Prepared by: City of Oshkosh, WI 12 2116 2102 2107 2103 2111 2121 2201 2209 2213 2108 202 2122 2202 2206 2212 2110 2116 2122 2128 2200 2206 2210 2117 MT VERNON ST MT VERNON ST C:\Users\rachela\Desktop\Planning Base Map - For Windows 10.mxd User: rachela 1 2 2 1 M o u n t V e r n o n S t r e e tArial M a p City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 6/3/2024 1 in = 50 ft1 in = 0.01 mi¯ 10 0 10 20 30 40 50 60 70 805 Feet Prepared by: City of Oshkosh, WI 13 SR-9 E LINWOOD AVE LINWOOD AV E LINWOOD AVE LINWOOD AV MT VERNON ST MT VERNON ST JJ EE FF FF EE RR SSOO NN SS TT MM TT VV EERRNNOO NN SS TT JEFFERSON ST JEFFERSON ST C:\Users\rachela\Desktop\Planning Base Map - For Windows 10.mxd User: rachela 1 2 2 1 M o u n t V e r n o n S t r e e tZonig M a p City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 6/3/2024 1 in = 75 ft1 in = 0.01 mi¯ 10 0 10 20 30 40 50 60 70 80 901001101201305 Feet Prepared by: City of Oshkosh, WI 14