The URL can be used to link to this page

Home My WebLink AboutItem IIPLAN COMMISSION STAFF REPORT JULY 15, 2025 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW FOR A FLAT ROOF TO BE REPLACED WITH A PITCHED ROOF AT 1301 WEST 5TH AVENUE Applicant/Owner: Vienola Properties LLC Action(s) Requested: The applicant is requesting approval of a variance from the City’s Residential Design Standards to allow for the existing flat roof to be replaced with a pitched roof. The pitched roof increases the building’s height beyond the structure’s highest roof ridgeline at 1301 West 5th Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(D)(5)(a) Height and Footprint. Additions and changes that increase the building’s height shall not be taller than the principal structure’s dominant or highest roof ridgeline and shall not overpower the principal structure’s overall scale and massing. Property Location and Background: The subject property is a residential lot located at 1301 West 5th Avenue and is approximately 8,375 square feet in area. The property is a corner lot with West 5th Avenue running along the west and Mason Street to the south. The property contains a 1,120 square-foot single story residential structure that was built in 1960, according to the City of Oshkosh Assessor’s website. The surrounding area consists of single-family uses with varying character and similar scale. Page 1 ITEM II – 1301 W 5th Avenue - Design Standards Variance The subject property is zoned Single Family Residential-5 (SR-5) while the surrounding properties are zoned Single Family Residential-5 (SR-5) and Institutional (I). In May of 2025, the applicant spoke to staff to discuss his scope of work for the property. The applicant stated that he intended to repair the foundation, construct a new detached garage and driveway, and re-roof the house. For the flat roof, the applicant planned to re-frame a new 4/12 pitch roof over the existing flat roof. At that time, the applicant was made aware that the proposed plans did not meet the City’s Residential Design Standards and could not be approved. The owner then submitted the proper Design Standards Variance application on June 2, 2025. On June 12, 2025, the applicant informed staff that there was a miscommunication with the contractor and the flat roof had been removed from the home. With that being said, the new roof was installed due to impending weather concerns. Subject Site Existing Land Use Zoning Single-Family Residential SR-5 Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential SR-5 South School / Institutional I East Single-Family Residential SR-5 West Single-Family 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 apply to all single and two-family structures within the City and include the regulation that “Additions and changes that increase a building’s height shall not be taller than the principal structure’s dominant or highest roof ridgeline and shall not overpower the principal structure’s overall scale and massing.” The intent of the ordinance section is to ensure that additions maintain compatibility with the original structure and with neighboring properties. Page 2 ITEM II – 1301 W 5th Avenue - Design Standards Variance 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 According to the applicant, work included replacing the existing flat roof with a new 4/12 pitch roof to match the new detached garage. The applicant stated that roof modifications were necessary because the previous flat roof was leaking and putting the wellbeing of the house in structural jeopardy. The applicant feels this change improves the look of the home, is consistent with the newly installed detached garage, and is compatible with neighboring properties. Conceptual drawing of the proposed roof. Current front façade. Page 3 ITEM II – 1301 W 5th Avenue - Design Standards Variance Staff evaluated the project’s impact on the design of the home in regard to the purpose and intent of the residential design standards. Looking at the neighboring properties, all homes in the area have pitched roofs and therefore this project will be consistent. With that being said, staff has determined that the applicant provided sufficient documentation showing plans for this project and believes that the overall project does not negatively affect the neighborhood or negatively impact the architectural integrity of the home. The two above images show some of the surrounding residential properties. The top image shows the view looking east at the intersection of West 5th Avenue and Mason Street and the other image shows the view looking west along West 5th Avenue. RECOMMENDATION Staff recommends approval of the variance from the City’s Residential Design Standards to allow for the existing flat roof to be replaced with a pitched roof with the following condition and finding: Condition: Applicant/Owner shall obtain all the required approvals and permits for this and any future work conducted at the property. Finding: The variance will not be contrary to the public interest because the roof will be compatible with neighboring properties. Page 4 Page 5 Page 6 Page 7 Page 8 DSV 1301 W 5TH AVE PC: 7-15-2025 OSH AREA SCHOOL DIST PO BOX 3048 OSHKOSH WI 54903-3048 ROBERT J BOUSHLEY 1238 W 6TH AVE OSHKOSH WI 54902-5703 BRIAN KIKENDALL 1239 W 5TH AVE OSHKOSH WI 54902-5610 THOMAS P GEIGER 1234 W 5TH AVE OSHKOSH WI 54902-5611 ROBERTA L BARNHART 1316 W 5TH AVE OSHKOSH WI 54902-5613 TRAVIS J/KELLY BERRELL 1310 W 5TH AVE OSHKOSH WI 54902-5613 ALLEGRA A VANROSSUM 1302 W 5TH AVE OSHKOSH WI 54902-5613 VIENOLA PROPERTIES LLC PO BOX 8042 OSHKOSH WI 54903-8042 MICHAEL A NEMECEK 1305 W 5TH AVE OSHKOSH WI 54902-5612 JOSEPH W/JEANNE M SMITH 1315 W 5TH AVE OSHKOSH WI 54902-5612 Page 9 S LARK ST MASON ST MASON ST BISMARCK AV BISMARCK AV MASON ST W 5TH AV W 6TH AV W 5TH AV S LARK ST MASON ST BISMARCK AV W 5TH AV W 6TH AV I I SR-5 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: 6/20/2025 1 in = 100 ft1 in = 0.02 mi¯1301 W 5TH AVEZONING & 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 10