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HomeMy WebLinkAboutBOARD OF APPEALS ~< ,&i"""" """ City of Oshkosh Dept, of Community Development 215 Church Ave" PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Di"ctor °..r:!j~fH October 14, 2005 Jon Gafuer 3896 Highland Shore Lane Oshkosh Wisconsin 54904 Re: 1521 & 1525 W Murdock Avenue Dear Mr. Gafuer: On October 12, 2005 the Board of Appeals approved your request for a variance to divide an existing lot creating two lots with substandard frontage/lot width with the following conditions: L The removal of the stairs located between the two buildings, 2, Shared driveway on one parcel not acceptable access for both parcels. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on October 13, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on April 12, 2006 unless you have started construction for the activity allowed by the variance, If you fail to begin construction by this date, you must reapply for a variance if you intend to go ahead with the activity allowed by the variance. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 - 8:30 AM and 12:30 - 1 :30 PM, Monday thru Friday, or call (920) 236-5050 for an appointment Please bring all required building plans and information necessary for review when obtaining your building permit If you have any questions, feel free to call me at (920) 236-5059. Sincerely, David Buck Associate Planner DB/pal cc: Muriel Gafuer, 1521 W Murdock Ave ~ O~~QfH City of Oshkosh Dept. of Commnnity Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Ja<kson R. Kinney Director BOARD OF APPEALS AGENDA OCTOBER 12, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 12, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF AUGUST 24, 2005 MINUTES APPROVAL OF SEPTEMBER 28, 2005 MINUTES I. 1521 & 1525 m'STßúIID'UCK"ÃVENUE Mr. Jon Gafuer, applicant and Murial Gafuer, owner, request a variance to divide the existing lot into two creating two lots with substandard frontage/lot width. Section 30-19 (B)(I)(a) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet II. 1110 & 1120 BAUMAN STREET Mr. Wayne Gayhart, owner, requests a variance to create a two-family residence with attached garage space of approximately 2,118 sq. ft. Section 30-24 (B)(I) of the Oshkosh Municipal Code: C-I Neighborhood Business District allows a-maximum area for all accessory uses and structures of 1,200 sq. ft. OTHER BUSINESS Discussion of BOA procedures ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236-5059, BETWEEN 8 AM -4:30 PM, MONDAY THRU FRIDAY BOARD OF APPEALS MINUTES OCTOBER 12, 2005 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Larry Lang, Vice Chairman and Cheryl Hentz, Chairman EXCUSED: Moss Ruedinger, Edward Wilusz, STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Vice Chairman Lang. Roll call was taken and a quorum declared present. Chairperson Hentz arrived at tills time and chaired the meeting. Mr. Cornell stated to his understanding it was always that if someone is absent from a meeting, at the following meeting when minutes are to be approved, they can not vote since they do not know if the minutes are correct or incorrect. Mr. Cornell stated he e-mailed Mr. Kraft, City Attorney for the City of Oshkosh if this is the proper procedure or not. Mr. Kraft replied that is incorrect, they can vote on the minutes even if they were not present at the prior meeting. Mr. Cornell read e-mail correspondence between Mr. Kraft and himself to that affect. Mr. Lang stated anyone could make a motion, whether the vote is for or against. Making a motion doesn't indicate a person is on the positive or negative because all motions have, to be in a positive format. Ms. Hentz asked if Mr. Cornell could forward a copy the e-mail to all the board members. Ms. Hentz stated in the past she has abstained from things so as not to give the appearance of any improprieties even though she wasn't directly benefiting from the vote and she will continue to do so. Motion by Mr. Lang to discuss the minutes from the August 24, 2005 meeting. Seconded by Mr. Cornell. Mr. Lang stated there were second findings that were not in the minutes and it was clearly stated on the tape. He stated he has a sununary of what he thought was on the tape, and it needs to be added to the minutes, and that was that this is strictly an owner-induced hardship. This whole situation should clearly have been taken care of long before the building permit was issued. Mr. Lang also stated he believes all findings should be added to the minutes, as it is the hard copy that is going forward in the records. Motion by Mr. Lang to table the minutes from the August 24, 2005 meeting. Mr. Cornell stated he concurs with Mr. Lang, he remembers the dissent fact of findings that were not recorded in the minutes and he believes the dissenter has the right to share those findings and they should be recorded in the minutes. Seconded by Mr. Cornell. Unanimous. Motion by Mr. Lang for approval of the September 28, 2005 meeting minutes as amended. Seconded by Mr. Carpenter. 3-0-2p. I: 1521 & 1525 West Murdock Avenue Mr. Jon Gafuer, applicant and Murial Gafuer, owner, request a variance to divide an existing lot creating two lots with substandard frontage/lot width. Section 30-19 (B)(I)(a) of the Oshkosh Municipal Code: R-2 Two-Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet Board of Appeals Minutes -2- October 12, 2005 . . Mr. Buck introduced the item and stated the property currently has a little over 115 ft. of frontage and also contains two detached homes on the lot. The petitioner is requesting a variance be granted to divide the lot into two, each lot containing a single family home as represented on the Preliminary CSM. Mr. Buck also indicated that the petitioner has stated the way the homes are currently situated, both homes would have to be sold as a one package deal. They feel that this is a hardship because the ability to sell both homes at once is very difficult, and require a buyer to become a landlord even if they didn't want to. Granting the proposed variance would allow the on lot to be created into two individual lots, one being approx. 4 ft. short and the other would be approx. 1 ft. short of the required 60 ft. width. Mr. Buck stated that staff reviewed and compared the lots fronting W. Murdock (from Sheridan St to Elmwood Ave.) were 58% of the lots on the North side of the street and 54% of the South side of the street were 56 ft. or less in lot width. It was noted the petitioner was not in attendance for this hearing. Mr. Lang asked staff if there is any idea how a single parcel ended up with two houses on it. Mr. Buck stated he didn't research the building permits or when the lot was developed, but speculated that the zoning administrator in the past made the determination two single families would be ok as it is a two-family zoned lot. Mr. Lang then questioned the measurement of 33 ft. on the map. Mr. Buck stated it was the measurement from the property line to the center of the right-of-way of the street. Mr. Lang then asked if the setback of the front of the house would normally be 25 ft. from the house or the front steps. Mr. Buck stated it all depends on what kind of steps they Me, if they are stoops under 12 inches they would not In this case these homes were built quite a while ago, Mr. Buck suspects they are not at the 25 ft. setback. The entire block is built already, the code does allow a reduced setback if your two neighboring lots are developed at a lesser setback than the code requires. Mr. Cornell asked if the current owner purchased the property with both houses on the lot, what changes were made from then to now. Mr. Carpenter stated he believes Jake Gafuer, Muriel's husband and John's father originally purchased the property and John is looking into things, getting in line to deal with the family holdings. They are older pieces of property and they deal with these so many times, Jake was Mr. Carpenter's uncle, normally he would abstain from these but he thinks tills makes sense to spilt it in half. Mr. Penney asked where the driveways are on the property or if there is one common driveway for both parcels and if so, would there have to be new driveways built on each lot. Mr. Buck stated there is one driveway serving both houses. The driveway is located by the house of 1521 W. Murdock Ave. and is shared with 1525 W. Murdock Ave. Once the parcel is split, 1525 W. Murdock Ave. would need to install a new driveway. Ms. Hentz asked if they would need to put a driveway in and if so, would they need to come in front of the Board of Zoning Appeals. Mr. Buck stated yes, if they would like to park anything there they would have to have separate driveways and no, if the lots were split they would be able to put the driveway in with a regular building permit. Mr. Lang stated nowhere on the request does it mention the removal of the stairs, but in the drawing from the consulting services states that the stairs are going to be removed. Mr. Buck stated they are at the minimmn setback of 7.5 ft. for that district, they are showing the 7.5 ft, with the stairs removed, , Board of Appeals Minutes -3- October 12, 2005 Motion for approval by Mr. Lang for the variance to divide an existing lot creating two lots with substandard frontage/lot width with the following conditions. 1. The removal of the stairs located between the two buildings. 2. Shared driveway on one parcel not acceptable access for both parcels. Seconded by Mr. Cornell. Motion carried 5-0. Finding of facts: Mr. Lang stated the substandard lot is probably not out of conformity with some of the existing lots in the general area. Mr. Cornell stated it is less of a hardship for the current owner for the sale ability by footing. Ms. Hentz stated it creates two taxable entities as apposed to one. II 1110 -1120 Bauman Street Mr. Wayne Gayhart, owner, requests a variance to create a two-family residence with attached garage space of approximately 2,118 sq. ft. Section 30-24 (B)(I) of the Oshkosh Municipal Code: C-l Neighborhood Business District allows a maximum area for all accessory uses and structures of 1,200 sq. ft. Mr. Buck' introduced the item' and stated the site is partially in the floodplain and contains poor soil for construction. The petitioner stated he feels he has a hardship in the fact that there is difficulty utilizing the lot, he is unable to construct basements for the units and the storage of mechanical equipment such as furnaces and hot water heaters would be required to be stored on the ground floor. There is poor soil on the site, it is important to distinguish the two types of storage space: that being utility storage, regular storage, customary storage and garage space storage. Garage space is accessible via a driveway used to store motor vehicles and requires paving to enter up to it and usually overhead doors. Staff believes the storage space that is needed due to the lack of basement can be found on the site within the building, without creating larger garage space and can be done meeting the code. Wayne Gayhart, owner and petitioner, 1920 Cliffview Ct Mr. Gayhart stated they are trying to build a side-by-side condominium on the property. They can not have a basement because they are in the floodplain. He believes there is an oversight in the mUIÍicipal code for condominiums as they are Imnped together with duplexes and single family homes. Single-family homes can have 1200 sq. ft. of garage space per family, but because these are joined, the municipal code makes them split the 1200 sq. ft. hence 600 sq. ft. per condo. Mr. Lang stated looking at the diagram he could see both units and he asked if the garage door is across the full length of the garage. Mr. Gayhart stated it was a two-stall garage door and a single stall garage door. Mr. Lang then stated that on the other side he saw a different configuration. Mr. Gayhart stated that was a little bit of a bump out and also would be a single and double door; Mr. Cornell asked ifboth condo units would be the same on both sides, even though it's a different configuration. Mr. Gayhart replied yes that they are the same. Mr. Cornell asked if there is currently anything on the property. Mr. Gayhart stated the property was fill land and was part of the riverbed at one time and since 1911 has been filled and registered as a buildable lot, the DNR finally signed off on the property and they can finally build. Mr. Cornell commented he believes Mr. Gayhart briefly stated that in one of the garages you would like the extra room for something relative to a workshop, so is it your intent upon building this you would occupy one and sell the other. Mr. Gayhart stated his friends are building the other side with them, like partners. Mr. Cornell asked if the parcel would have two deeds on it, one for each owner. Mr. Gayhart replied that was correct. "" STAFF REPORT BOARD OF APPEALS OCTOBER 12, 2005 ITEM I: 1521-1525 WEST MURDOCK A VENUE GENERAL DESCRIPTION AND BACKGROUND Mr. Jon Gafuer, applicant and Murial Gafuer, owner, request a variance to divide an existing lot creating two lots with substandard frontage/lot width. Section 30-19 (B)(I)(a) of the Oshkosh Municipal Code: R-2 Two-Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet. The subject 0.85 acre property is zoned R-2: Two-Family Residence District and is developed with two single family detached homes. The general area can be characterized as a single-family low-density neighborhood with the exception of the 36-unit Elmwood Court Apartment building adjacent to the south. ANALYSIS In reviewing a variance request, the following questions shonld be addressed: When considering an area variance, the qnestion of whether nnnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bnlk or density wonld nnreasonably prevent the owner from nsing the property for a permitted pnrpose or wonld render conformity with snch restrictions nnnecessarily bnrdensome." Are there any nnnsual or nniqne physical limitations of the property, which create a hardship? Will granting of a variance result in harm to the pnblic interest? The subject property has 115.05 feet of frontage/lot width and contains two detached single-family homes. The petitioner is requesting a variance to divide the lot into two, each containing a single-family home as represented on the attached Preliminary CSM. The petitioner has stated that as currently situated, both homes must be sold as a package, which creates a hardship and practical difficulty in the ability to sel1 because it requires that any buyer also become a landlord of the second unit. Granting the proposed variance wi11 al1ow two substandard lots, one being 3.82 feet short and one 1.13 feet short of the required 60 foot width. Staff reviewed the size of lots fronting W. Murdock Ave. (from Sheridan St. to Elmwood AveJVinland St.) to compare widths and determine exactly how the proposed narrower lots would fit with the general makeup of the neighborhood. It was discovered that on the north side of Murdock 58% of the existing lots are under 56 feet in width and on the south side of Murdock 54% of the existing lots are under 56 feet in width. Attached please fmd a map depicting said comparison. Beyond the substandard lot width, the proposed lot split would not create any further nonconformity with the Zoning Code. Both lots wi11 be approximately 2.5 times the required minimum lot size and 3 times the minimum lot depth as well as the homes meeting the setback standards. IÞ STAFF REPORT ITEM I -2- BOARD OF APPEALS OCTOBER 12, 2005 In regard to adverse impact or harm to the public interest, the proposed lot split leaves two parcels short of the required lot width by a minimal amount that is consistent with the majority of the parcels in the immediate area and it is felt by staff that the ability to have two single-family lots versus one two-family lot is beneficial to the public interest in that the salability would no longer be unnecessarily burdensome and the probability of owner- occupancy is much higher. RECOMMENDATION Based on the information provided witilln this report, staff recommends approval of the variance request to divide the existing lot into two and creating one with 56.18 feet of frontage and another with 58.87 feet of frontage. CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 i ,lease Tvpe or Print in BLACK INK Please write legibly with black ink and also submit a complete reproducible site I>lan (maximum size 11" x 17"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: 162/ .. 1525 ,u), ,!;?/",¿¡fJCICi<. .JJvz- cJ. ~Di'~ ~ Jf~ Petitioner: /o4/"".n:::r1 £ þ;;a""'dl37Z 387& /-4It1<1-rK1 .5"k&. t.NWorkPhone: ,$ 4fr:f J;f Date: Borne Phone: Z?>3 -5<J¿¡Y Petitioner's Address: 2.33 ~ 552..3 Signature Required: .Owner (if not petitioner): Borne Phone: Owner's Address: Work Phone: 1- Signature RequireMh ~,~ i:1A-/'/PP-J v Date: In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides infonnation on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the infonnation requested. Additional infonnation may be requested as needed.) I. Explain your proposed plans and why you àre requesting a variance: -?t) ~/,. . J?:S dÞiLc -9 1/5.1:/.5' "".ok Ai;; .. ~d R- z.. ur;~ .z: ~d<-~ &/7;/ //7 ¡;, Z -r/p<--TQ~ 4£ ,77 Q~/'~4<-e <UJc1'7ý ~ a~~h/ ð,.;:'5;#;?. 2. Describe how the variance would not have an adverse effect on snrrounding properties: ~ 7/ ~ //7 ð'fe5kL¿ å-'7b- ~ aw'~.hy;. ~ 'w4'" )~L.5- Þo c ~dð 4#4?/ øf' ~c r 4c{TP/?7"';? ,..i ¡; 0'/& A..s -M<?-? (Continued on Reverse Side) 06 pJ"/"~ 3. Describe the special conditions that apply to your lot or structnre that do not apply to surrounding lots or structures: C'ur'r"-=P7 ~/6?7~. -P""',2JCi6c;::T .;$",bd,v".<;.;,,~ -"Gl;F/ a--..Æ: ftu¿, ,/ç"k Ú""'" ...,-,'h 5<:;;/.:,;' /Odfi:; ~J ~ ð~ 38.dJ7') ~. a// o-f/pv ~/7'=r .n¡w/~ ~-=-/./ '4- ~ 4. Describe the hardship that would result if your variance-were not granted: 7k-~ ..ÞA'7é5' /¿.>/),Ú./ ~ ,þ k ðó/d" 4U a V.n,-/ - oI/i?':c",/,{ = .5<?6s .; e~ 4' /'~ jPap~ /'Q~ ~ Cl/7? ðK1?7t;:7-=-<-~ ~. FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES SHARON LOKER 1015 TAFT AVE OSHKOSH WI 54902-3460 RICHARD PEOTTER AND PAULENE KEMPF 1524 W MURDOCK AVE OSHKOSH WI 54901-2171 DANG THAO / SHOUA LEE 1520 W MURDOCK AVE OSHKOSH WI 54901-2171 THOMAS JAKUBOWSKI 1510 W MURDOCK AVE OSHKOSH WI 54901-2171 COURTNEY WAGNER 1515 W MURDOCK AVE OSHKOSH WI 54901-2170 CONNIE BEIRL 1507 W MURDOCK AVE OSHKOSH WI 54901-2170 JUNGBACKER CHILDRENS PRESENT INT TRUSTS 377 CITY CENTER OSHKOSH WI 54901 4) 9) 5) 10) CERTIFIED SURVEY MAP NO. PAGE 1 OF' BEING llREDlVISION OFWI' 8, Jl$SESSOR'S PLM!NO. 1, 1N THE NOIrJ'HEMl' Ql1I!R7'£1/, NORTHWEST Ql!I!R'ŒR, SECl'lON FOUR'lWl, TOWNSEJP EIGlfI'EEN NORTH, RANGE = EJ!ST, TWELVEm Wl1RD, C1'J'!" OP OSRKOSH, WINNEBl1GO COUNTY; WlSCONSlN, SURVEY FOR: Muriel F. Gainer PARCEL NUMBER: 1200570000 DOCUMENT NUMBERS, Volume 833, Page 383 SURVEY DATED: September20,2005 NORTH þ.i QUARTER CORNER . SECTION 14-18-16 [!] ~ ~~ . ~~ "s ~m ~I! ¡~ F::::1~ Ii ~~ i¡ ~~ =~ ~!ì LEGEND . -3I4"X'8" 'RON REJNF, BAR. WEIGHING 1.502 LBSIFI', SET O.-1318"IRONPIPE, FOUND @ . '"IRON PIPE,FOUND ( ).~Wc?~:~Wd:~~~S D .ADJOININGPROPERTYINFORMATION r'-ï --, 100 50 0 , I 100 SCALEI"'()(f ADJOINING PARCEL PLATTED PROPERTY OWNER NUMBER OR UNPLATTED SHARON LOKER 1200560200 E. 50', LOT " ASSESSOR'S PLAT', COURTNEY WAGNER 1200580000 W,55' OF N, 150', LOT 3, ASSESSOR'S PLAT', CONNIE BEIRL 1200580100 LOT 3, EXC, W, 55' OF N, 150', ASSESSOR'S PLAT" VE PROPERTIES 1200670500 PART OF LOTS 15& 16. ASSESSOR'S PlAT #1 FRUEH CONSULTING SERVICES, I1C ENGINEERING AND LAND SURVEYING P. O. Boz 282. Osbkosh W'JSCO11SÏn S49O3 TELEPHONE (920) 235-0279 ~ OJHKOfH City of Oshkosh Community Development 1521-1525 W MurdockAv Lot Width Comparison . ~ , ~-, , Lots < 56' wide Comparison Boundary Subject Property N A Scale: 1" = 200' DISCLAIMER TW,m'p'"."u"..'"y.="",m.p," .,,~.,u'"",,"""'""""""'~'"' Th""""""'."m"""",~,=""'" """"rn.tl",~,""""",w"",,"," ."""."'=", ",.. w"="""',,, "O"Q"~"'""""'"..r""",- ","".'W" Th."","""',"",,'.. .""'No'"..,, '"œ"odo'..d",""'"', "."'0""0"""","=0""0""0 "","""""" October 04, 2005 By: DB Source: City of Oshkosh GIS w z ~ () ro ro I 1426 1610 I 1827-1843 L Thi, map i, neith" a legaUy recorded map nor a survey and it Is not Inteoded to he used as one. This drawIng is a compilation of records, data and information located in varion, city, connty and "ate offiees and otbor ,onrces affecting the area shown and it is to be n..d for referenee pnrposes only. The City of Oshkosb is not re- sponsihie for any inaeeurac~s berein contained. If di"repencies are found, please contact the CityofO,hkosh. City of Oshkosh Wisconsin Community Development 100 0 100 , N A ~ OJHKOJH Close Up View DISCLAIMER 1521-1525 W. Murdock Ave. ONTIlEWATBI Feet Created by- VR 09-23-05 DISCLAIMER Existing Zoning Thl, map I, neIther a legally rocord'" map oor "u,rveya~dh."snotint~nded toh,usodasond521-1525 W. Murdock Ave. Th" drawmg " a compdabon of rocords, data and Information loca"d In various city, county and state om,es and other sourc," affecting City of Oshkosh Wisconsin I th, area,hown and it is to b, usod forrofmnce . I pnrpos," only, Th,CityofOshko,hi,notro- CommunIty Development I sponsible for aoy Inaccnraelos hmln contain,d. . If discrep'nci~;:;:e:;~:;¡::~~e contact th600 I ~ OJHKOfH ONniEWA11õR N A 0 600 Feet , Created by- VR 09-23-05