HomeMy WebLinkAboutCitation Request - 11/17/1988
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CITATION REQUEST
NAME
SHIRLEY L. DOEMEL
PROBLEM/VIOLATION pf Residential R-1 Sinqle Family Residenèe District Permitted
Uses. R-1 does not permit junk yard/contractors yard/salvaqe yard type uses.
1f
BRIEF HISTORY/REVIEW 12/21/87 inspection of site indicated the above referenced'
violation; 12/28/87 or there abouts, violation correction notice 'sent to property
owner; 1/29/88 Bob Doemel (son of Shirley) stopped in and indicated his willingness
to cooperate to correct the violation. (See attached documentation) 3/17/88 I attempted
to reach Bob Doemel by phone, left message to contact me. I have not talked to him since
1/29/88 Final Notice sent 6/20/88. No contact from Doemel. Numerous on~sites indicate
no progress made relative to Ordinance compliance. Citation request approved 7/11/88.
Citation issued 7/14/88.<,¡J"Agreement between City and Doemel to have the entire grounds
cleaned up by 11/15/88 (See, attached letter) On-site 11/15/88 indicated site is still
in violation with the conditions noted generally the same as in August.
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DIVISION SUPERVISOR
CITATION APPROVAL
DATE f/; ~/à~
DATE
CITY MANAGER
DATE 1/!;,c;!J'6
I I
~(. B~ W~
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William Manske
¡emes Menske
MANSKE LAW OFFICE
300 Division Street
P. O. Box 814
Oshkosh, Wisconsin 54902
Telephone 231-6011
Area Code 414
August 10 ,ì~&.CE\VED
Í',UG 1 1 F:\~
Assistant City Attorney Warren Kraft
Oshkosh City Hall
215 Church Avenue
Oshkosh, WI 54901
CiTY ATTOHNEY'S
~)F"TCE
Re: City of Oshkosh vs. Shirley L.. Doemel
Dear Mr. Kraft:
This letter is to confirm that the above ordinances will
be adjourned until August 17, 1988 at 9:00 A.M. for your
appearance. After which, it is my understanding that this
matter will be dismissed without prejudice, and you will
have the right to refile if our agreement is not. lived up to.
It is my understanding, after speaking with you and then
Bruce Roscom, that t1rs. Doemel will have until September 10,1988
to remove all of the vehicles from the premises in question,
with the exception of vehicles stored inside buildings. After
that, the grounds will be cleaned up to comply with City Codes
on or before November 15, 19a8.
Thank you.
S:~
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cc Shirley L. Doemel
cc Jack Doemel
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CITY OF OSHKOSH, WISCONSIN
UNIFORM MUNICIPAL CITATION & COMPLAINT
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CITATION REQUEST
NAME
Shirley L. Doemel
PROBLEM/VIOLATION of Residential R-1 Sinqle Family District Permitted Uses.
R-1 does not De,rmH iunk vard/contractors vard/salvaae vard tvoe uses.
BRIEF HISTORY/REVIEW 12/21/87 inspection of site indicated the above referenced
violation; 12/28/87 or there abouts, violation correction notice Sent to property
owner: 1129188 Bob Doemel (son of Shirlev) stoDoed in and indicated his willina-
nf'SS to cooDf'riltf' to r:orrf'ct thf' violiltion (Sf'f' ilttilchf'd docllmentiltion) 3/17/88
T Attpmrtprl ta rPArh Rah napmp 1 hy rhanp 1 pft mpssAQP ta rant Art mp I have not
talked to him since 1/29/88 Final Notice sent 6/20/88. No contact from Doemel.
Numerous on-sites indicate no progress made relative to Ordinance compliance~
CITATION REQUESTED B~~~
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CITATION APPROVAL
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CODE ENFORCEMENT DIVISION
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY OF OSHKOSH, WISCONSIN
VIOLA TI 0 Nt COR RECTI 0 N
NOTICE
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DAn: INSPECTED December 2.1, 1987
OCCUPANCY INSPECTED Property on northwest corner and in vicinity of Uickory Lane and Murdock
ADDRESS 1803 Hickory Lane, Oshkosh (Lots 266-270 & the unplatted lot north of Lot 2~)
OWNERS NAME Shirley L. Doemel
ADDRESS 1825 Hickory Lane, Oshkosh
NOTICE DELIVERED/EXPLAINED TO:
ID:H it
ORDER
1
Chapter 30,
Article V,
5ection
30-15 (A)
-
2
Chapter 18,
Section
13-79.1(13)
~lPLIANCE DATE:
Shirley L. Doemel
1825 Hickorv Lane, Oshkosh
cc: 'Ed Rei~er and BrucG Rosko~
'FINDINGS OF INSPECTION
,.
'..
'It is contrary to the permitted use section and is a violation of 't~~
City of Oshkosh Zoning Ordi!l2.nce to establish a junk y~rd/contractoi:;
yard/salvage 'yar~,type use.
.. .
The property at the 'above address ,&, .location_, .was apnexed to the City
in 1984. The City I S Zoning: Ordin"2.p.ce-,,át tQut1pé, prohibited said.
uses, & said-uses were also prohibited uses undén previous County
zoning that would have applied-t)Áer:Î.af photos;' showed that the current
use had not been in~{istence~n the dates the'Þhotos were taken, and
City and County Ass~ssor's records also listed the property's use
as reside.'1tial.' ' . ~
'Section 16-79.1(3) 'Public Nuisance Affectin~ P~~~sa~e, cites'
"any junk, wood, bricks, cement, concrete blo . , \\~ . ed vehicles
or mabbinery or p~rtG thereof, refrig~ra ~ es, washin~
machines, stoves, or other unsightly suo as may tend to
.depreciate property values L'1 the are ~ ~ate a nuisance or haz2.rd
'shall not be alloved on any property, ,'c~pt when such materials are
properly housed and out of public view.
A reinspection of t~is ~ropertv will be made on cr about January 29,
1988 -to deterI:1ine l!!:ether efforts have been taken to corr'!ct saie!
violations.
.
,.
DEFICIENCIES MUST BE CORRECTED AND APPROVED BEFORE
CONCEAL~ENT. CALL (414) 236-5050 FOR INSPECTION.
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INSPECTOR:
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PLEASE
NOTE
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forth Code Sections ~
The attached Violation/Correction Notice sets
for which violations have been identified. A permit and/or permits
may be required to correct the violation(s) cited. If there are
questions concerning this notice, please contact the Planning and
Research Division, 215 Church Avenue, Room 201, Q!hkosh, Wisconsin
54901, or c"all (414) 236-5059. "
Failure to comply with the Violation/Correction Notice may result
in th4 issuance of a citation and/or citations.
OTHER COMMENTS:
THIS IS A FINAL NOTICE.
Unless compliance with the Cityof,Oshkosh
Zoning Ordinance and Municipal Code is gained immediately, a
citation will be issued. The site in question is zoned R-l Single
Family Residence. The sïte must be immediately cleared of all
junk, debris, contractors equipment and materials and any thing
else that is of a non-residential nature.
....--,....--...----.-..----.-.-... .._,.'.. ----,_. .......--..
PS Form 3800, FBb, 1982
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CITY HALL
215 Chu'ch Avenue
P. 0 8o, 1130
Oshkosh. Wisconsin
54902-))30
City of Oshkosh
December 28, 1987
ON THE WATER
Ms. Shirley Doemel
1825 Hickory Lane
Oshkosh, WI 54901
Dear Ms. Doemel:
Our office has received complaints regarding
property at 1803 Hickory Lane (Lots 266-270 and
north of Lot 269), and inquiries regarding its
The complaints concern the use of the property
junk yard/contractor's yard type condition.
In looking into this, our office has done a review of the
property's previous use history, and that review has shown that:
the condition of
an unplatted lot
zoning status.
in its current
The property was annexed to the city in 1984, with
zoning classification of R-l Single Family Residence.
That from 1961 to 1979, the Winnebago County zoning
classification for the property was R-A Residential.
a
That from 1979 to the time the property was annexed,
property was zoned R-l Rural Residential.
That aerial photographs from 1968, 1971, 1977, 1979 and
1980, while showing areas with wood and other debris, did
not reflect the current extent to which the property has
been used for such purposes, as well as for purposes
associated with equipment and vehicle storage.
the
That aerial photographs from 1986 did also not show the
extent of such use as is reflected by current conditions.
That
that
prior
1984,
shown
Assessor's records from the Town of Oshkosh showed
the property was designated for "agricultural use"
to 1967, and for "residential use" from 1967 to
and that city of Oshkosh Assessor's records have
the "residential use" since 1984.
As a result of this review, we believe there is no basis for
considering the present junk yard/contractor's yard type use a
legal non-conforming use, due to the fact that the previous
zoning under the County would not have allowed the property to be
developed for such purposes, nor would the city's zoning
provisions. It should be recognized that while the old
agricultural use had involved several accessory/storage type
buildings, the establishment of the junk yard/contractor's yard
would have been contrary to applicable codes.
Since it has apparently taken some time for the property to
evolve to its present condition, and in consideration of weather
conditions, we are willing to provide a reasonable period to
bring the property into a code compliant condition. '
To address the attached Violation/correction Notice, efforts
should be made and work completed to remove the 'junk, wood,
bricks, debris, etc. etc. from the premises. The junk,
(unlicensed) vehicles, dump truck, and truck trailer are also to
be removed, and the premises may not be used for their temporary
and/or periodic storage. We will not object to the continuing
use of the accessory buildings for the storage of materials,
equipment and vehicles, but the property cannot be,used as a
contractor's yard.
We will be happy to sit down with you and/or a representative
of yours to discuss this notice. If you have any questions
please don't hesitate to contact either myself, Mr. Bruce Roskom,
our Principal Planner in charge of zoning, or Mr. Ed Reimer,
Chief Building Inspector.
sincerely,
CITY OF OSHKOSH
))~7f~
(/ ~ackson R.(y{ney .
Director of Community
Development
JRK/ddw/jrkHick
Ene.
cc:
Mr. Bruce A. Roskom
Mr. Ed Reimer
Mr. Warren Kraft, Asst. City Attorney
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CODE ENFORCEMENT DIVISION
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY OF OSHKOSH, WISCONSIN
VIOLATION/CORRECTION
NOTICE
DATE INSPECTED December 21, 1987
OCCUPANCY INSPECTED Property on northwest corner and in vicinity of Hickory Lane and Murdock
ADDRESS'1803 Hickory Lane, Oshkosh' (Lots 266-:-270 & the unplatted lot north of Lot 269)
OWNERS NAME
Shirley L, Doemel
ADDRESS 1825 Hickory Lane. Oshkosh
NOTICE DELIVERED/EXPLAINED TO: Shirley L. Doemel
"1825 Hickory Lane. Oshkosh
ITEM IF
ORDER
I
Chapter 30,
Article V,
Section
30-15 (A)
2
Chapter 18,
Section
18-79.I(B)
COMPLIANCE DATE:
cc::: F:d '1p;mpr ;nod Rrll~p RoRkom
FINDINGS OF INSPECTION
It is contrary to the permitted use section and is a violation of the
City of Oshkosh Zoning Ordinance to establish a junk yard/contractors
yard/salvag: yard type use.
The property at the above address & location was annexed to the City
in 1984. The City's Zoning Ordinance at that time prohibited said
uses, & said uses were also prohibited uses under 'previous County
zoning that would have applied. Aerial photos showed that the current
use had not been in existence on the dates the photos were taken, and
City and County Assessor's records also listed the property's use
as residential.
Section 18-79.1(B) Public Nuisance Affecting Property Usage, cites
"any junk, wood, bricks, cement, concrete blocks, abandoned vehicles
'or machinery or parts thereof, refrigerators, furnaces, washing
machines, stoves, or other unsightly debris, such as may tend to
depreciate property values in the area or create a nuisance or hazard
shall not be allowed on any property, except when such materials are
properly housed and out of public view.
A reinspection of this property will be made on or about January 29,
1988 to determine whether efforts have been taken to correct said
violations.
DEFICIENCIES MUST BE CORRECTED AND APPROVED BEFORE
CONCEAL~ENT. CALL (414) 236-5050 FOR INSPECTION.
Hil'1J:DIATELY
Ed Reimer
INSPECTOR: