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HomeMy WebLinkAboutItem IIITEM II – 1922 Mitchell Street - Design Standards Variance PLAN COMMISSION STAFF REPORT OCTOBER 15, 2024 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW FOR MODIFICATIONS TO THE FRONT FAÇADE AT 1922 MITCHELL STREET GENERAL INFORMATION Applicant/Owner: Christopher Amos Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow for modification to the front façade at 1922 Mitchell Street. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(B)(2) Existing door openings on front facades shall not be closed or filled. Section 30-241(D)(3)(b) The color(s) of materials used for new additions and changes shall match or be complementary to the color(s) of the original structure. Section 30-241(D)(3)(c) Exterior patchwork, repair, or reconstruction that results in a multi-textured or multi-colored effect or an appearance not consistent with the overall design and character of the original structure is not permitted. Property Location and Background: Page 1 ITEM II – 1922 Mitchell Street - Design Standards Variance The subject property is a residential lot located at 1922 Mitchell Street, and is approximately 13,700 square feet in area. According to the City of Oshkosh Assessor’s website, the subject property contains a 966 square foot one-story single-family residential structure that was built in 1920. The surrounding area consists of single-family uses with varying character and similar scale. The subject property and the surrounding properties are zoned Single Family Residential- 9 (SR-9). In April of 2024, the applicant submitted design plans for a kitchen, bathroom, and laundry remodel at the subject site. Within the application, the applicant requested the ability to remove the sliding patio door on the front façade and replace it with two smaller windows. 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. Staff worked with the applicant to find alternatives that met City’s requirements, and even met the applicant on site to talk through the request. The applicant proceeded to move forward with the permit for the other remodel work, and informed staff that the sliding patio door replacement would be addressed at a future time, once they could figure out how they could meet the City’s Residential Design Standards. On August 12, 2024 staff conducted a follow-up inspection and was made aware that work had already been completed. In addition to the remodel work, another door on the front façade was removed, as well as removal and replacement of inconsistent colored siding on a portion of the home. At that time, the owner was made aware that a Design Standards Variance (DSV) was needed in order for the work to not be in violation of the above noted code sections. The owner then submitted the proper DSV application on August 15, 2024. Subject Site Existing Land Use Zoning Single Family Residential SR-9 Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Single Family Residential SR-9 South Single Family Residential SR-9 East Single Family Residential SR-9 West Single Family Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Light Density Residential Page 2 ITEM II – 1922 Mitchell Street - Design Standards Variance 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 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 stated that they removed an old, inoperable sliding patio door and replaced it with two new energy efficiency windows. The applicant feels these modifications improve the look of the home and could potentially increase the integrity and value of their home. In addition to the sliding patio door removal and replacement windows, another door was removed from the front façade as well as a portion of the house being resided. The new windows, the door closure, and residing were done without any zoning, inspections, or Plan Commission review or approval. On August 12, 2024, the owner was sent a violation notice and was made aware that a Design Standards Variance (DSV) was needed in order for the work to not be in violation of the above noted code sections. Staff informed the owner that they could not issue a permit by-right due to the sliding patio door and front door closures and color(s) of the siding being inconsistent with the original structure, and that Plan Commission review and a DSV were necessary. The applicant proceeded to try to obtain a permit for the work prior to Plan Commissions review and a Design Standards Variance. Staff informed the applicant that that permit will be on hold until Plan Commission reviews and either approves or denies the DSV request. Page 3 ITEM II – 1922 Mitchell Street - Design Standards Variance Facades Previous Front Façade (City of Oshkosh Assessors’ Website 2020 & 2017) Current Front Façade The top two images show the original condition of the façade with the previous door openings and siding. The bottom image is the current façade with the door removals and partial siding change. Page 4 ITEM II – 1922 Mitchell Street - Design Standards Variance The two images above show the subject property and the surrounding residential properties. The top image shows a view looking north along Mitchell Street and the second image is the view looking south. 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, and also the façade areas either at the time of the application submittal or afterwards during the process of preparing a recommendation. The applicant provided the prior door and window areas as well as the current door and window areas for the front face in question and this helped staff during the review process. According to the applicant, the modifications are needed as the integrity and wellbeing of the house is in structural jeopardy. The applicant feels that this design is the best and most suitable option in regards to the homes stability, efficiency, and improvement of “curb appeal”. The applicant also stated that the Design Standard codes restrict doing a project that would allow a reasonable way to better the efficiency and curb appeal of the home. While staff understand the applicant feels that the 10 percent variation wouldn’t be achievable considering the wall the sliding patio door is on, and the other door on the front façade is not needed due to a door being located on the side façade, a self-imposed hardship is not a sufficient reason for granting a variance. Staff evaluated the completed work previously described and the impact on the design of the home in regard to the purpose and intent of Residential Design Standards. The standards relate to preserving the homes 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: • Whether the proposed work met the intent of the Residential Design Standards • The work was done without the proper building permits • Information provided by the applicant during the process Page 5 ITEM II – 1922 Mitchell Street - Design Standards Variance In conversations with the applicant staff explained that, per the City’s Residential Design Standards, the proposed plans could not be approved because there is sufficient space available to meet the 10% variation change, and other modifications had been completed prior to the applicant obtaining the proper approvals and permits. In staff’s opinion, the application does not provide enough justification for the Plan Commission to grant the variance. Staff has explained to the applicant that the original permit could not be approved because there was ample space to replace the sliding patio door. Furthermore, based on provided photos, staff explained that the City’s Design Standards also do not allow for a door to be closed on the front façade as well as the color(s) of the siding being inconsistent with the original structure. Approval of the DSV request would make it clear that it is acceptable to complete work without proper approvals and/or permits. As proposed, the front façade modifications do not meet the criteria for granting a variance and would set an unnecessary precedent for future requests. RECOMMENDATION Staff recommends denial of a variance from the City’s Residential Design Standards to allow the removal of the patio sliding door and replacing it with two smaller windows, removal of another front door, and removing and replacing the siding on a portion of the home on the front façade that is different than the rest of the siding with the following findings: Findings: 1. Granting this variance request would be contrary to public interest as it would be arbitrary and run contrary to the ordinance’s intent. 2. Enforcement of the provisions of this ordinance will not result in unnecessary hardship. Page 6 Page 7 Page 8 Page 9 1910 1922 MITCHELL STMITCHELL ST L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: katrinam 1 9 2 2 M I T C H E L L S T 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: 9/6/2024 1 in = 20 ft1 in = 0 mi¯ 10 0 10 205 Feet Prepared by: City of Oshkosh, WI Page 10 DSV 1922 MITCHELL ST PC: 10.15.2024 NANCY NEUBAUER LIFE EST 1940 MITCHELL ST OSHKOSH WI 54901-2163 JEFFREY & SHERRY GIZEWSKI 1936 MITCHELL ST OSHKOSH WI 54901-2163 CHRISTOPHER AMOS W5471 BURROWS LN ELKHART LAKE WI 53020-1677 MARISA L FINKEY 1910 MITCHELL ST OSHKOSH WI 54901-2163 ANDREW/HANNAH AHRENDTS 1906 MITCHELL ST OSHKOSH WI 54901-2163 PAYTON KOWALSKE NOAH EICHNER 1320 COLUMBIA AVE OSHKOSH WI 54901-2139 JOSEF SATTAKEH ZAHRA SHAFIEI 1901 VINLAND ST OSHKOSH WI 54901-2246 MYRA D SMITH 1907 VINLAND ST OSHKOSH WI 54901-2246 MELISSA J BAHR 1911 VINLAND ST OSHKOSH WI 54901-2246 VINCENT R NETTLES 1917 VINLAND ST OSHKOSH WI 54901-2246 MARY J FAUST 1925 VINLAND ST OSHKOSH WI 54901-2246 DOUGLAS A LINDEMER 1935 VINLAND ST OSHKOSH WI 54901-2246 CHAZ BO LLC 8403 SAUBY RD LARSEN WI 54947-9535 NANCY L EIDEN 1905 MITCHELL ST OSHKOSH WI 54901-2162 KENT A WILL 1911 MITCHELL ST OSHKOSH WI 54901-2162 KELSEY RAE JACOBS 660 TURNBERRY CT GRAND JUNCTION CO 81504-6018 RICHARD MALLON 1927 MITCHELL ST OSHKOSH WI 54901-2162 GARY R STOWE 1931 MITCHELL ST OSHKOSH WI 54901-2162 FRANCO HOMES LLC 1028 S MAIN ST FOND DU LAC WI 54935-6102 GARY & JACOB TROFKA JANE MALIN PO BOX 2642 APPLETON WI 54912-2642 Page 11 PARKSIDE DR MITCHELL ST COLUMBIA AV OLIVE ST W LINWOOD AV VINLAND 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: 9/5/2024 1 in = 120 ft1 in = 0.02 mi¯BASE MAP1922 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 12 WALNUT ST CEDAR ST W SMITH AV MINERVA ST FIRESIDE CIR WILSON AV ROOSEVELT AV KAITLYNN CT BEECH ST PARKSIDE CTWINCHESTER AV CONGRESS AV W BENT AV HOBBS AV COLUMBIA AV MITCHELL ST MARQUETTE AV WESTERN ST LIBERTY ST BEECH ST 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 MORGAN AV WALNUT ST ONTARIO ST LAMAR AV STILLWELL AV W GRUENWALD AV VIOLA AV PARKSIDE DR SHERIDAN ST SPRUCE ST MINERVA ST CRANE ST WALNUT ST A L G O M A B L V D W MURDOCK AV VINLAND ST W L INWOOD AV ELMWOOD AV DR-6 DR-6 DR-6 DR-6 I I I I I I-PD I-PD I-PD MR-12 MR-12-PD MR-20 MR-20-PD MR-36MR-36-PDNMU SMU SR-3 SR-3 SR-3 SR-3 SR-5 SR-5 SR-5 SR-9 UMU 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: 9/5/2024 1 in = 500 ft1 in = 0.09 mi¯ZONING MAP1922 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 MITCHELL ST COLUMBIA AV 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: 9/5/2024 1 in = 100 ft1 in = 0.02 mi¯AERIAL MAP1922 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