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HomeMy WebLinkAboutPTV - Christl 309 High Ave Oshkosh Wisconsin Department of Safety and Professional Services Phone: 608-266-2112 Division of Industry Services Web: http://dsps.wi.gov 4822 Madison Yards Way Email: dsps@wisconsin.gov Madison, WI 53705 Tony Evers, Governor Dan Hereth, Secretary September 8, 2025 APPROVAL OF PETITION FOR VARIANCE SITE: 309 High Ave. Oshkosh, WI 54901 FOR: Petition for Variance The submittal described above has been reviewed for equivalency to applicable Wisconsin Administrative Codes and compliance w ith Wisconsin Statutes. The submittal has been CONDITIONALLY APPROVED. The owner, as defined in section 101.01(10), Wisconsin Statutes, is responsible for compliance with all conditions of this petition approval and other applicable code requirements. Plan submittal to and approval by the department or its agent may be nece ssary prior to construction undertaken per this petition. This petition approval may be affected if applicable codes are revised prior to plan submittal for any necessary construction work . The UDC code section SPS 320.04(4) petitioned requires (4) CHANGE OF USE. A building previously used for another purpose (in this case a Law Firm or B type occupancy), such as a barn or garage, shall comply with this code upon conversion to residential use. The variance requested is to allow a change of occupancy to take place, from a commercial occupancy to a Single-Family Dwelling. The intent of the code section petitioned is to provide ensure safety for the occupants of the dwelling. The petitioner submitted the SB-9890 application form including an additional 25 page(s) of supporting documents and plans. Reviewer's Comments: 1. Jerry Fabisch, the Chief Building Official for the City of Oshkosh, recommends approval based on the following conditions. He would like to also notice that this structure was originally constructed as a one-and-two family dwelling originally and converted to a commercial building some time ago. 2. The local municipality is requiring compliance with SPS 321.09 Smoke Detectors and SPS 321.097 Carbon monoxide detectors 3. The local municipality also noted that the owners would need to install as much attic insulation as possible to help comply w ith SPS 322.31 Table 322.31-1 4. The local municipality also noted that the electrical system would need to meet the minimum the code requirements of SPS316.210 Branch Circuits Regarding outlet spacing, lighting, GFCI requirements. 5. SPS 321.03 Exits. Exits, doors and hallways shall be constructed as specified in SPS 321.03. The local municipality noted that both the front and rear exits require updating to the current code. Handrails, Guardrails, Landing and Steps. 6. Due to the change of use and this being a commercial building previously, the requirement for a code complaint kitchen and bathroom is required. The current, non-permitted, kitchen and bathroom will need to be permitted and remodeled to meet the adopted Uniform Dwelling Code requirements. Richard and Jane Christl 5544 State Road 116 Omro, WI 54963 7. A bedroom in the basement will either need to be removed or brought up to code. An egress window is needed per SPS 321.03(5) & (6) as well as smoke detection Per SPS 321.09. Departmental Action: CONDITIONAL APPROVAL Reviewer's Conditions of Approval: 1. All the petitioner’s statements of fact or intent included on the variance application form, any other documents submitted to the Department, as well as any other conditions of approval listed below, shall be carried out. Any recommended conditions of approval by the municipal building inspection department listed above shall also be carried out unless otherwise stated below. This variance is specific to the subject code section(s) petitioned and the building or object as it will exist following completion of the current construction project and shall not be used for any additional or future modifications, additions, or alterations to the subject building or object. 2. It is understood that bringing a building constructed in the 1920’s in line with the current UDC is impossible without a complete remodel of the home and excavation of the foundation. Any alteration to the dwelling, including those mentioned above by the local municipality, shall be completed using the current adopted Uniform Dwelling Code. 3. All conditions are subject to the approval of the local municipal building official that would permit, enforce, and inspect the property listed above to be compliant with the adopted Uniform Dwelling Code. This decision will become final unless a request for review is made per SPS 303.06. The request for review by the Administrator shall be in writing and shall include a statement of the specific reasons why the person believes the Division’s decision on the petition for variance is incorrect. The written request for review must be received by the Department within 30 days from the date of this letter. A person otherwise entitled to review by the Administrator under SPS 303.06(2) may waive a review by submitting to the Secretary a written request clearly indicating the intent to waive review and requesting to proceed to a contested case hearing under SPS 303.06(6). The appeal to the Secretary shall be in writing, made within 30 days of the Division’s decision and shall indicate the nature of the person’s interest in the petition for variance, the identity of all other known parties who may have an interest in the decision on the petition for variance, and a statement of the reasons why the person believes the Division’s decision on the petition for variance is incorrect. Inquiries concerning this correspondence may be made to me at the telephone number listed below, or at the address on this letterhead. Sincerely, Mgmt. Prec. Review by: cc: Fee Required: $175.00 Fee Received: $550.00 Balance Due: -$375.00 Refund number R-0368262 Adam Pillard UDC Consultant Phone: 608-261-0115 Email: adam.pillard@wisconsin.gov Nicole Krahn - Municipal UDC Inspector – 920-236-5036 Diane Bartlett – Municipal Clerk – 920-236-5011