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HomeMy WebLinkAboutItem IVPLAN COMMISSION STAFF REPORT MARCH 4, 2025 ITEM IV: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A NON- STANDING SEAM METAL ROOF WITH EXPOSED FASTENERS AT 1215 WEST NEW YORK AVENUE GENERAL INFORMATION Applicant/Owner: Star Properties of Oshkosh, LLC Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow a non-standing seam metal roof with exposed fasteners at 1215 West New York Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(G)(7) Exposed fasteners or standing seam roof designs that employ exposed metal fasteners are prohibited. Section 30-241(G)(10) Tin roofs and corrugated metal roofs are prohibited. Property Location and Background: The subject site consists of a single residential lot located at 1215 West New York Avenue and is approximately 4,500 square feet in area. The parcel is located on the south side of West New York Avenue, in between Spruce Street and Walnut Street and is zoned Single Family Residential - 5 (SR-5). The subject property includes one single family structure with an attached garage. The surrounding area consists of single-family and two-family land uses. On April 22nd, 2024, Inspections Division staff conducted an inspection from the street of the subject property for a complaint made on Connect Oshkosh (SeeClickFix). That inspection Page 1 ITEM IV – 1215 W New York Avenue - Design Standards Variance found that the existing roof had deteriorated to the point of needing repair/replacement. The owner was sent a correction notice that same day, which stated the aforementioned violation, and that a permit would be required prior to commencing any work. Between April and November 2024, the owner and inspection staff properly communicated, updating each other of the situation, and it was understood that the subject property was going to be receiving a new roof in the fall. April 22nd, 2024 inspection photo showing deteriorating shingles on existing roof. On November 19th, 2024 Inspections Division staff conducted a follow-up inspection and noticed that a new metal roof had been installed, but without a building permit. The Inspections Division then sent a new correction notice with orders to obtain a building permit. After receiving the notice and in an attempt to obtain a permit, the owner’s contractor spoke with Planning Services staff on December 2nd, 2024 to discuss the completed work; and staff provided the contractor with the City of Oshkosh’s Standing Seam Metal Roof standards. In January 2025, the owner provided a specification sheet to Planning staff for the roof that was installed and it was determined that it did not meet current zoning standards for metal roofs. The product that was installed is a “G-Rib” style metal roof that has exposed fasteners. G-Rib style metal roofs are a type of corrugated metal roof. The applicable ordinance requires a standing seam style metal roof with concealed fasteners. Since the installed product does not meet current zoning standards, staff informed the owner that a design standards variance and Plan Commission review would be necessary for possible approval. The owner then submitted the proper application for a design standards variance. Subject Site Existing Land Use Zoning Single Family Residential SR-5 Page 2 ITEM IV – 1215 W New York Avenue - Design Standards Variance Recognized Neighborhood Organizations Congress Field Neighborhood Association Adjacent Land Use and Zoning Existing Uses Zoning North Residential SR-9 South Residential SR-5 East Residential SR-5 West Residential SR-5 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 regulating standing seam metal roofs apply to all new standing seam roofs on existing and new construction within the City. They include the regulation that, “Exposed fasteners or standing seam roof designs that employ exposed metal fasteners are prohibited.” The standards also state that, “Tin roofs and corrugated metal roofs are prohibited.” The ordinance regulates the materials and appearance of standing seam metal roofs within the City. Originally, the 2017 zoning ordinance prohibited standing seam metal roofs on residential properties due to noise and aesthetic concerns. The current standing seam regulations were designed to allow standing seam roofs while accounting for the noise and aesthetic concerns originally raised by the steering committee in charge of the zoning ordinance rewrite. In doing so, the ordinance establishes minimum standards, which allow standing seam metal roof applications within the city. The prohibition of exposed fastener designs is in line with the ordinance intent as mentioned above. 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. Page 3 ITEM IV – 1215 W New York Avenue - Design Standards Variance ANALYSIS The owner/applicant had a G-Rib style metal roof with exposed fasteners installed on the home at 1215 West New York Avenue without permit approval. In the variance application, the owner states that he was unaware of these standards or the differences in metal roof styles. They added that the contractor who was hired for the project stated they would be obtaining a permit so the owner was under the impression they were be in compliance. Attached with the variance application, the owner provided eight examples of metal roofs in Oshkosh that they believe are similar to the one installed at 1215 West New York Avenue and/or to show that standing seam metal roofs are not necessarily better. Staff researched each of these examples and found that seven of them had been completed with permit approval and were constructed prior to 2017; when these standards were enacted. One of the examples was completed in 2023 without permit approval and staff will be addressing this through a correction notice. Inspection photo showing new metal roof Page 4 ITEM IV – 1215 W New York Avenue - Design Standards Variance Inspection photos showing new metal roof The owner stated that the new metal roof should not have any effect on surrounding properties or the curb appeal because it follows all the guidelines besides being standing seam style roof (the installed roof also has exposed fasteners which code does not allow). The owner stated that the existing shingles were removed and the new metal roof was installed over the sheathing and tar paper, the width of the metal roof meets the minimum 24 gauge, and the light reflective value meets the 35% allowed maximum. All of which are requirements for standing seam metal roofs in Oshkosh. The owner further stated that if the variance is not granted there would be a financial struggle as the g-rib roof would have to be removed and a code compliant roof installed. The G-Rib product installed at the subject property does not comply with the City’s standing seam ordinance because the product has exposed fasteners (ordinance requires concealed fasteners) and is a type of corrugated metal (prohibited). Owners and contractors of other properties have found and installed code compliant options. Staff has concerns because the roofing as installed does not meet the intent of the standards and the roof’s pitch allows for great visibility of the exposed fasteners and corrugated style. Staff evaluated the proposal previously described and the impact on the block in regard to the purpose and intent of the residential design standards. The standards relate to preserving the structure’s 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: Page 5 ITEM IV – 1215 W New York Avenue - Design Standards Variance • Information provided by the applicant • Degree of code compliance by material installed on roof • Availability of compliant standing seam products from several major manufacturers • Aesthetic intent of the current ordinance • Potential impact on neighborhood character In examining the installed metal roofing, materials and information provided by the owner, available products, and the current ordinance’s intent, staff is of the opinion that the Plan Commission should deny this variance. In granting a variance the Plan Commission would set a precedent and future applicants could expect equivalent treatment in similar situations where work occurred without permits and are in non-compliance with the ordinance. The granting of variances in this, and additional future cases, would invalidate the ordinance. Other applicants have met the standards for concealed fasteners when installing standing seam roofing under the current ordinance. Lastly, the applicant has not provided a manufacturer or industry standard explaining why the chosen product is necessary rather than a code compliant option. RECOMMENDATION Staff recommends denial of the requested variance from the City’s Residential Design Standards to allow a residential non standing seam metal roof with exposed fasteners at 1215 West New York Avenue with the following finding: Finding: 1. The roofing material, as installed, does not meet the intent of the ordinance to maintain the basic architectural quality of residences in the community, as corrugated metal with exposed fasteners is of a lower standard than required by code or allowed to be used on other properties. Page 6 Staff Research on provided addresses from Star Properties with non-compliant metal roofs NOTE: Standing Seam Metal Roof Standards were added to the Zoning Ordinance on 4-11-17 1307 Spruce – Permit in 1998 for roof on garage 1235 Walnut – Permit in 2015 for new roof 715 Central – Permit in 2008 for new roof 667 Central – Permit in 2015 for new roof 1015 Wright – Permit in 2015 for new steel roof 1003 Wisconsin – Permit in 2016 for new roof Middle Village Garden – Gazebo roof (Standards only apply to single and two family residences) 840 Central – No permit for metal roof – Appears to have been done sometime after spring 2023 a correction notice will be sent to owner. Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 DESIGN STANDARDS VARIANCE (DSV) 1215 W NEW YORK AVE PC: 3-4-2025 PINE MOUNTAIN INV LLC 481 OAK PARK DR OSHKOSH WI 54904-9209 STAR PROP OF OSHKOSH LLC 888 JACKSON ST OSHKOSH WI 54901-4323 TANNER PETERS 1213 W NEW YORK AVE OSHKOSH WI 54901-3647 MCCLONE PROPERTIES LLC 152 SCHRAMM RD NEENAH WI 54956-9210 MARK R STADLER 1855 CLIFFVIEW CT OSHKOSH WI 54901-2504 SCOT D SCHMIDT 1112 ELMWOOD AVE OSHKOSH WI 54901-3522 ZUBE HOLDINGS LLC 1040 SEMINOLE DR APT 1057 FORT LAUDERDALE FL 33304 SUMMIT PROP OSHKOSH LLC 3623 HICKORY RIDGE RD OSHKOSH WI 54904-7791 STEINERT REAL ESTATE LLC 1027 W 9TH AVE OSHKOSH WI 54902-6201 JONATHAN SALZSIEDER CEARRA JOHNSON 1302 W NEW YORK AVE OSHKOSH WI 54901-2757 WENDY L LLOYD 1208 W NEW YORK AVE OSHKOSH WI 54901-3648 JOHN GRANT 1214 W NEW YORK AVE OSHKOSH WI 54901-3648 ADAM HUMMEL MATTHEW ENGLUND 1220 W NEW YORK AVE OSHKOSH WI 54901-3648 CONGRESS FIELD NBHD ASSOC EMAILED TO REP Page 50 VINE AV WALNUT ST SPRUCE ST E L M W O O D A V W NEW YORK 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: 2/10/2025 1 in = 120 ft1 in = 0.02 mi¯1215 W NEW YORK AVEBASE 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. 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Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 51 GG O O SS SS C C TT CHERRY ST SPRUCE ST R O C K W ELL A V W NEW YORK AV C ONGRESS AV W BENT AV CL A R K S C T W LINCOLN AVMC KINLEY ST SCOTT AV SHORT AV VIN E A V W BENT AV GARFIELD ST WESTERN ST LIBERTY ST WALNUT ST S H E R IDAN ST JOHN AV R EED A VCONGRESS A V VIN E A V VINE AV LAMAR AV WOODLAND AV PROSPECT AV ONTARIO ST BEECH ST CEDAR ST W NEW YORK AV A L G O M A B L V D CONGRESS A V HI G H A V HIGH AV ELMWOOD AV EL M W O O D A V I I I I I I I-PD I-PD I-PD I-PD I-PD-UTO I-UTO MR-12-UTOMR-20 MR-20 MR-20 MR-20 MR-20-UTO MR-20-UTO MR-20-UTO RMU-PD RMU-RFO SR-3 SR-5 SR-5 SR-5 SR-5 SR-5-UTO SR-9 SR-9 TR-10 TR-10-UTOUI-RFO 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: 2/10/2025 1 in = 500 ft1 in = 0.09 mi¯1215 W NEW YORK AVEZONING 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 52 VINE AV WALNUT ST SPRUCE ST E L M W O O D A V W NEW YORK 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: 2/10/2025 1 in = 100 ft1 in = 0.02 mi¯1215 W NEW YORK AVEAERIAL 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 53