The URL can be used to link to this page

Home My WebLink AboutItem VII PLAN COMMISSION STAFF REPORT NOVEMBER 19, 2024 ITEM VII: SUBDIVISION VARIANCE REQUESTS FOR PROPERTY LOCATED AT 1219 WITZEL AVENUE AND VACANT LOT ON MASON STREET (PARCEL 0607850100) GENERAL INFORMATION Applicant: Becky Dixon Owner: Corey Dixon Action(s) Requested: The applicant is applying for two variances from the subdivision regulations. The first, to allow the creation of a non-corner lot with two right-of-way frontages whereas Section 30-444(H)(2) states: Double Frontage and Reversed Frontage Lots shall be prohibited. The second request is to allow creation of an irregular-shaped lot whereas Section 30-444(H) states: The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Applicable Ordinance Provisions: Land division criteria and variance procedures are found in Article XIII: Subdivisions, City of Oshkosh Zoning Ordinance. Property Location and Background Information: The applicant is requesting two variances from the subdivision regulations to allow the combination of two lots via Certified Survey Map (CSM). The first lot, located at 1219 Witzel Avenue, is a 53.00-foot by 185.20-foot, 9,816 square foot (0.225 acre) lot containing a single- family house with deck and detached single car garage. The second lot which is 52.20 feet by 53.00 feet, 2,767 square feet (0.064 acres) is located off of Mason Street, 133 feet south of Witzel Avenue. The second lot is undeveloped besides for a paved driveway which leads to the back of the Witzel Avenue property. Both lots are owned by Corey Dixon, son of the applicant. According to City records, both lots have been under the same ownership for at least the last 35 years. Subject Site Page 1 Item VII – 1219 Witzel Avenue – Subdivision Variance The purpose of the proposed lot combination is to eliminate the common lot line, make the driveway off of Mason Street conforming by not crossing a lot line, and to simplify finances by having one lot instead of two. The driveway off of Mason Street was legally established as a building permit was issued for its construction in 1993. The detached garage at 1219 Witzel Avenue does have overhead doors on both the north and south sides making access into the garage possible from Mason Street. The surrounding area consists of low-density residential uses south of Witzel Avenue. Uses north of Witzel Avenue include a mix of low intensity commercial as well as residential uses. Subject Site Existing Land Use Zoning Single Family Residential Single Family Residential-5 (SR-5) Adjacent Land Use and Zoning Existing Land Uses Zoning North Commercial Urban Mixed Use with Planned Development Overlay (UMU-PD) South Single Family Residential Single Family Residential-5 (SR-5) East Single Family Residential Single Family Residential-5 (SR-5) West Single Family Residential Single Family Residential-5 (SR-5) Comprehensive Plan Land Use Recommendation Use Category 10 & 20 Year Land Use Recommendation Light Density Residential ANALYSIS The purpose of these variance requests is to consolidate two lots under common ownership into one lot. It can be argued that there is no reason to combine the lots and leave it as it is. However, combining the lots will eliminate the City issuing two separate tax bills for something functioning as a single property. Due to the Mason Street lot’s small size, it is essentially not developable for a house without several dimensional and bulk standard variances. That possible scenario itself would do greater harm to the neighborhood by potentially having a new house that will look completely out of place with the rest of the neighborhood. There is no potential use for the lot other than what it is being used for now. Regarding the creation of an irregular-shaped lot, the lots have been used as if it were a single irregular-shaped lot since at least the early 1990s. The desire for similarly shaped uniform lots is for efficiency, consistency, and reduce lot line conflicts among property owners. The Mason Street lot could be offered to the owner of 1223 Witzel Avenue and recombined into the original platted lot but all parties would need to be agreeable to that which could never happen. Page 2 Item VII – 1219 Witzel Avenue – Subdivision Variance The City issued a building permit for the driveway off of Mason Street when the Zoning Ordinance allowed two driveways (if certain conditions were met) for a single- family use. Combining the lots will also eliminate the nonconforming situation with the driveway crossing a property line. Staff is of the opinion that the combination of the two lots will not adversely affect the neighborhood. The existing condition has been in place for several decades and nothing will change except for the elimination of a lot line. Based on this, staff is supportive of the two subdivision variance requests. RECOMMENDATION/CONDITIONS Staff recommends approval of the Subdivision Regulations Variance to allow the creation of a double fronted lot and creation of an irregular-shaped lot. Proposed Certified Survey Map Page 3 Page 4 MASON ST WITZEL 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: 10/23/2024 1 in = 30 ft1 in = 0.01 mi¯SITE PLAN 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 5 S LARK ST MASON ST FAUST AV N SAWYER ST WITZEL AV S SAWYER 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: 10/23/2024 1 in = 120 ft1 in = 0.02 mi¯BASE MAP 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 6 W 6TH AV W 5TH AV BISMARCK AV PORTER AV DOVE ST W 2ND AV JOSSLYN ST SOUTHLAND AV S LARK ST DURFEE AV MASON ST CLAYTON CT N EAGLE ST BISMARCK AV HAWK ST S EAGLE ST REICHOW ST N LARK ST GLEN AV W 4TH AV BISMARCK AV W 5TH AV W 6TH AV W 4TH AV W 7TH AV W 4TH AV W 5TH AV W 6TH AV W 6TH AV W 7TH AV KNAPP ST SOUTHLAND AV NATIONAL AV FAUST AV W 4TH AV W 3RD AV N EAGLE ST GUENTHER ST N LARK ST FOSTER ST FOSTER ST N MEADOW ST WITZEL AV N SAWYER ST S SAWYER ST KNAPP ST DR-6 I I I I I I I I I I-PDI-PD MR-12 MR-12 MR-20 SR-5 SR-5 SR-9 SR-9 UI UI UI UI-PD UMU 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: 10/23/2024 1 in = 500 ft1 in = 0.09 mi¯ZONING MAP 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 7 MASON ST FAUST AV N SAWYER ST WITZEL AV S SAWYER 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: 10/23/2024 1 in = 100 ft1 in = 0.02 mi¯AERIAL MAP 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 8