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Home My WebLink AboutBOARD OF APPEALS Ö 'V City of Oshkosh Dept of Commonity Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 '(920) 236-5053 FAX Jackson R. Kinney Director OJHKO.fH ~.,.... October 27, 2005 Lonnie Darland 806 Merritt Avenue Oshkosh, Wisconsin 54901 Dear Mr. Darland: On October 26, 2005 the City of Oshkosh Board of Appeals denied your variance requests to permit an off- street parking area with a zero (0) foot side yard setback, parkiDg encroachment onto the adjacent lot, and substandard parkiDg stall configuration. The decision of the Board was filed in the Planning Office of the Department of Community Development on October 27, 2005.. Section 30-6(C)(1) and (2) of the City of Oshkosh Zoning Ordinance allows the same variance request to be heard 3 times in any 12 month period. If this is the first or second time you have requested this variance within 12 months, you mayre-apply if you wish. If your variance request has been denied 3 times within a 12 month period, but you feel there has been a change in the circumstances affecting your request, you may submit a request for an additional hearing stating the changes which have occurred. The Board will review this request, and if three Board members feel there is sufficient change in circumstances to warrant an additional hearing, then you may re-submit your variance request through the normal procedure. You may call me at (920) 236-5062 if you have any questions. Sincerely, David Buck Associate Planner DB/vir """~r"'-' .... ~ OJ!:'~QJH Oty 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 Director BOARD OF APPEALS AGENDA OCTOBER 26, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 26, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. . ROLLCALL APPROVAL OF AUGUST 24, 2005 MINUTES APPROVAL OF OCTOBER 12, 2005 MINUTES I. ~~ Mr. Lonnie Darland, applicant and owner, requests a variance to permit an off-street parking area with a zero (0) foot side yard setback, parking encroachment onto the adjacent lot, and substandard parking stall configuration. Section 30-36(A)(4) of the City of Oshkosh Zoning Ordinance requires a ten (10) foot side yard setback, Section 30-36(A)(9) requires all parking be located on the same lot as the principal use, Section 30-36(C)(5)(a) requires all uncovered parking spaces to be screened from view and Section 30-36(C)(3)( e) establishes minimum stall size and drive aisle configuration. OTHER BUSINESS Discussion of BOA procedures ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT (920) 236-5059, BETWEEN 8 AM-4:30 PM, MONDAY THRUFRIDAY BOARD OF APPEALS MINUTES OCTOBER 26, 2005 ~1lliSENT: Robert Cornell, Larry Lang, Dennis Penney, and Cheryl Hentz, Chairman EXCUSED: Dan Carpenter, Moss Ruedinger, and Edward Wilusz STAFF: David Buck, Associate Planner, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Hentz. Roll call was taken and a quorum declared present. Motion by Lang for approval of the August 24, 2005 meeting minutes, Seconded by Cornell. Motion carried 3- 0-1. Hentz abstaining. Motion by Cornell for approval of the October 12,2005 rneeting minutes. Seconded by Penney. Unanimous. I: V'~~~ Mr. Buck introduced the item noting that the house was built in 1890, before the Zoning Code was adopted by the City of Oshkosh. Chairman Hentz questioned if 4 parking stalls were required since the house was built before a zoning code was established. Mr. Buck replied that since it predates the code, none are required. ~1r. Buck passed around photos of the subject sites, showing a clearer picture of the new paving areas than what uld be detected from the pictures included in the Staff Report. Lonnie Darland, 806 Merritt Avenue, Applicant, stated he had the driveway expanded to be able to accommodate 2 parking stalls per apartment. He stated before the addition of paved parking areas, the cars parked side by side and constant shuffling was done to get cars in and out of the driveway; otherwise vehicles would be parked on the lawn, or across the street in a commercial lot. Mr. Darland stated he had talked with the contractors, Fox Valley Asphalt, about the permit costs and. was told they had taken care of the permits and the cost would be included in the total price for the job. Mr. Darland also stated he had contacted the contractors recently, Fox Valley Asphalt, to seal the asphalt between the old and the new pavernent and was told they wouldn't be able to providè that service since it would be needed over the lot line, which would not be in compliance with the City of Oshkosh's Municipal Code. Chairman Hentz stated it appeared Fox Valley Asphalt knew they were not in compliance in 2003 with the City of Oshkosh Municipal Code and went ahead and did the job anyway. Chairman Hentz questioned if Mr. Darland had thought about the need to display the permit during the time the work was being done. Mr. Darland stated he had known other contractors who had not received the permit until after the job was complete as the permit application was faxed for issuance. Mr. Lang questioned if Mr. Darland had received a written contract for the work performed. Mr. Darland stated had received a written proposal for the paving addition to the existing driveway at 806 Merritt Avenue. Mr. Lang also questioned ifMr. Darland had any evidence of Fox Valley Asphalt admitting to obtaining a permit. Mr. Darland replied he had no evidence in that regard. Board of Appeals Minutes -2- October 26, 2005 Mr. Buck passed around a copy of the written proposal Mr. Darland had received for the driveway addition done in 2003 by Fox Valley Asphalt. Chairman Hentz questioned if Fox Valley Asphalt had offered to help rectifY the driveway non-conformance at this tirne. Mr. Darland stated they would not offer any further services. Mr. Cornell questioned if Mr. Darland owned both 806 & 812 Merritt Avenue and if ingress and egress for both addresses was on Merritt Avenue. Mr. Darland replied he was the owner of both 806 and 812 Merritt Avenue and ingress and egress for both properties was on Merritt Avenue. Discussion continued tègarding the details of the paving done in 2003 by Fox Valley Asphalt. Chairman Hentz questioned if Mr. Darland was concerned about the paving being done over the property lines when the work was being done. Mr. Darland stated he has owned the subject properties since 1985 and didn't consider where the property lines were when contracting for paving services. Mr. Lang questioned if there were consequences for the contractor or just the property owner when no permit has been obtained. Mr. Buck stated that the owner is ultimately responsible for getting the permit and therefore faces the consequences. Mr. Penney questioned what the owner would have to do to remedy the situation if the variances were not approved. Mr. Buck stated if the variances were to be denied the owner would receive orders to remove the paving and bring the properties back to the original non-compliance state. Mr. Lang stated that there are other cities that have no parking required for tenants, and tenants park on the street or fmd their own parking site. He also stated 4 parking stalls are not required for the subject properties. Chairman Hentz stated there wasn't on street parkiDg allowed on Merritt Street or nearby in the surrounding neighborhood and questioned where the nearest parking was located. Mr. Darland stated the closest parking would be down the block near Evans Street. Chairman Hentz stated parking on the property, with the need to shuffle cars around to get in and out was not the most convenient, but appeared to be the only alternative. Mr. Lang stated that rnany properties need to shuffle cars around for ingress and egress and he doesn't see the hardship in this case. Chairman Hentz questioned why the properties couldn't be combined. Mr. Buck stated according to the Municipal Code two two-family dwellings cannot be located on a single lot. Chairman Hentz questioned if any complaints have been received by the police over the 2 1/2 years the driveways have been paved in this manner. Mr. Buck stated that he had not contacted the City Police but that the Inspection Services Division has not had any complaints. He also noted that Mr. Darland voluntarily rnade the City aware of the non-compliant situation. Mr. Lang stated it appeared Mr. Darland had a case to rnake Fox Valley Asphalt pay for correcting the situation. Board of Appeals Minutes -3- October 26,2005 Motion by Lang for approval of the variance request to permit an off-street parking area with a zero (0) foot side yard setback, parking encroachment onto the adjacent lot, and substandard parking stall configuration. Seconded by Cornell. Mr. Cornell agreed with Mr. Lang, and noted the problems that might be incurred with the sale of either property. He stated even though this is of no fault of the property owner there are alternatives and he would have a hard time giving his approval of this request. Chairman Hentz agreed that this was an unusual situation. She stated it appears Fox Valley Asphalt knew what they were doing was wrong and went ahead with the project anyway. She also stated it appeared as though the tenants would have to shuffle cars for ingress and egress, and noted other ideas have come forward. She encouraged Mr. Darland to look into getting Fox Valley Asphalt to provide financial support to rectifY this situation. Mr. Penney stated he has empathy for Mr. Darland and realizes that Mr. Darland has voluntarily come forward to rectifY this situation, and was sorry he couldn't be of more help. Chairman Hentz questioned if Mr. Darland had considered taking down the garage. Mr. Darland stated he had not considered that option, as he didn't want to lose value from his property. . 'T. Penney questioned if the garage was being used. Mr. Darland stated the garage was used for storage for the wnstairs apartment. Motion denied 0-4. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this meeting. There being no further business, the meeting adjoumed at approximately 4:04 pm Unanimous. T5]~L David Buck Associate Planner T'>B/vlr STAFF REPORT BOARD OF APPEALS OCTOBER 26, 2005 ITEM I.mSif~W_'. GENERAL DESCRIPTION AND BACKGROUND Mr. Lonnie Darland, applicant and property owner, requests a variance to permit an off- street parking area with a zero (0) foot side yard setback, parking encroachment onto the adjacent lot, and substandard parking stall configuration. Section 30-36(A)(4) of the City of Oshkosh Zoning Ordinance requires a ten (10) foot side yard setback, Section 30- 36(A)(9) requires all parking be located on the same lot as the principal use, Section 30- 36(C)(5)(a) requires all uncovered parking spaces to be screened from view and Section 30-36(C)(3)(e) establishes minimum stall size and drive aisle configuration. The general area is quite eclectic with a mix of single, two-family, multi-family dwellings, commercial and mixed uses. The subject properties are zoned C-l Neighborhood Business District and each contain a two-family residential structure. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explaiued as "whether compliauce with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would reuder conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property, which create a hardship? WiD granting of a variance result in harm to the public interest? The applicant is requesting multiple variances on his properties located at 806 & 812 Merritt Avenue that revolve around the addition of paved parking areas between his existing buildings. In June of 2003, the applicant contracted to have his driveway at 806 Merritt reconstructed. The excavation and asphalting of the drive as well as the paving of additional area was undertaken without a permit and was constructed approximately 7 feet over the lot line of the adjacent parcel to the east. Because this paving was fully reconstructed, existing violations to the code were required to come into compliance. As it was reconstructed, it actually increases the violations including a 0 foot side yard setback, Yz of the created parkiDg stalls being located on the adjacent lot, lack of screening between properties and substandard parking stall sizes. The petitioner has indicated in his application that the parking is necessary to allow each unit of the two- family residence at 806 Merritt Ave. the ability to park two vehicles and access the site without having to "shuffle" vehicles. Additionally, the applicant stated that the contractor had told him they received a permit, which they had not. STAFF REPORT -2- BOARD OF APPEALS OCTOBER 26,2005 The two-family use ofthe property is a permitted use in the C-l: Neighborhood Business District and requires 2 parking stalls per each unit but the site has limited lot area for parking. The lot area for 806 Merritt is only 5,350 sq it and the lot area for 812 Merritt Ave. is only 6,750 sq ft, while code requires 7,200 sq it of lot area. This could be considered a practical difficulty for using the lots, however the site was legal nonconforming as it was developed and was purchased in 1985 with that status. The parking area addition further increases the nonconformity of the site and also increases the nonconformity of the neighboring property at 812 Merritt Ave. The applicant has stated in his application that the impact would only be on the aforementioned parcel to the east, which he also owns. Staff agrees that there would be a minimal impact on the convenience store across the street to the south and the insurance office building adjacent on the west. However, the adjoining parcel (812 Merritt) to the east could be sold or put in other ownership and, if the variance is approved, will not have a parking buffer or any setback and win actually contain a portion of the neighbors parking stalls on it that will require an access/use agreement. Staff believes that this type of redevelopment is undesirable and that individual properties need to be treated as such and brought into code compliance as much as possible. Additionally, staff feels that the expansion of the nonconformities through a variance to legalize them are detrimental to the public interest simply for the reason that the variance request is an attempt to accommodate too much use on a nonconforming substandard lot. RECOMMENDATION Based on this information, staff recommends denial of the variance request. ,nease, J voe or I"rlnt In HLACK INK CITY OF OSHKOSH APPLICATION FOR V ARlANCE Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 Please write legibly with black ink and also submit a complete reproducible site plan (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 oCPanel Affected: ß 0 G !1 ~ r r¡' If Á v.e. Petitioner: L-tJl1J1¡"¿ (OCt I' (Otl1d Home Phone: '11-0 - 255- ??I(I P~titioner's Ad~resS: Z;¿:J ~ "Î) SIgnature RequIred: , ' Work Phone: ~ Date: 1& -s- &5' Owner (if not petitioner): SANE' Home Phone: fr( ""'" Owner's Address: ~ÞJÃ4J Work Phone: S"'m-e Signature Required: Date: ItP-S'-o';;- In order to be grantecj 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 information on What constitutes a hardship, (Attach additional sheets, if necessary, to provide the infonnation requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: .TI7Ij PCtI'!r-,Í1q "freer hq5 6,(!.v;:H I;¡ I ./ PJ;ce (.r 2.f Y'<rf. J¡,v,! .('pv.d ðúf f¡JqI/1 /. &(/<1' Ne Set 6c;.~k /(11"" 1'1</« i _I ':'!.I"".,€- <pi f/ù'f ",If", f/¡(!. I I r c/o . ¡;'X /leo/Ie u 'I,d fl/(!. alJ1/ w~e. A".,,/¡' 11". r.,. P,,5'« i¡11 tOVf" 2. Dèscribe how the variance would not have an adverse effect on surrounding properties: r/,.e. (I.-"I<V Pf'tiDUf¡ f.h,:' -e ('tedS ':5 f/¡'¿pr()PeI'tv Tcw/1 flex t c/&t?r' qj- ( ( . / I I 8(2. l1.err/ffAve ,ij¡ir¡ä~¡F'/,; C¡/Ç() c¡ clv¡?/"'><. / ( (Continued on Reverse Side) ~( \~f7 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: TA,'; IJr~?i?{.fv ¡<!if /4 é!11¿1 t.¡5Jw¡cI~ wh,cA fnCtlr-e.> /1 v<:? hqrj t() . I . I . Ç,'f'h. el10~qh (lC{,.!r'ff9 aNt? ~/I¡' 'H ¡he p/&!- tJlqj¡, ' I ./. / . I ), /, I~ " Ie 9 } qn t./t'y,'" ft1 t>lI/q .}'I w()vlc.l"ls" ,. lJ1<díí::A r:!e('r"Q5"", f!J" P1/N,"ba ø(fenQI1'4 q.~olv/7 10,. the Qf(!dl1l"'/1& W¡'fl.ðU( Qmpk P~I'~/I?e,., - I /. . " ./ I /. FOR OFFICE USE ONLY - AD.JACENT PROPERTY OWNE'RS WITH MAILING ADDRESSES. / KENT BAUMAN 126 E JAGKSON-9r RIPO~ WI 5~97)(-1378 MARK RATCHMAN 5617 COUNTy RD S OSHKOSH WI 5~90~ '2) , 3) 4) 5) NORMAN BENDER / J A DEPPE 81~ W 17TH AVE OSHKOSH WI 5~902 7) 8) 9) 10) ¥ ,;' ! ! Ii' ! ! . : i ii' -4 ::1,1'] ^ II}'!/ r~' i, i' i ¡ ! J.:: T !f:~~ii .."...'i :rrr, j ! ¡ Iii:! -U., l'ii..',..,!\Ji! ..III")'I'=~!~/'.".! ¡III!' I.T;jt", ¡',II' i<;Tf~, ~,/r-¡i I', r ,: I ", .... ,:.,,"-to?, ' .:"- i i! i, ¡ ..'~t, !T!I!i.. ,-i/I"!.'.,1., ¡ili,: iX';, i ¡i!li!¡ !:o.~e.I\njh\..I~cÂ,I} ,111,1: : I, I' :;: T , T I ,,¡'V I:' i I 1'1 i ! "i ! ¡ ¡ ¡Ii ~ i VI I ç¡ ¡ ¡ I i i : Ii :¡i!!1 I'" V¡""l'! "~II!: ¡ i :! ¡ : I I I I I I I I VI ¡~!. i! I I I i ¡ : i Ii' I I I I ¡ I ;,V I I Ii' : I ! I Ii: ¡, I i ¡ ! ! I I! I i ¡I! " '~ ~..~ i : I i I ¡ , , ! i ¡¡I; ¡I,' '/ . ;J; I I I ,i ; I , I I ' : i I I ! I' I ¡! I J' i" i ¡ ii, I ! ¡! i, I! ! '" J; -7 "I i!! I I ' I ' i I ¡I: I! I'! I I it Y! ' IN:; i ¡ :: II i ! ! i ' ' . I I 1111 I 1;. I ¡ ! Iii I I' I i I I I I ", l' ¡ j /1 'I I I t i I ~ ¡ i ¡ I t i i ! i i j ¡ 1/ - ¡' Iii I ' I : ¡ I ¡ i I I ! 1 I/',",! II i I i : I I : ! ! I ! I I I ! /: "'-I Iii i : ! j I Ii! i I I ! I I 1 '~y (, I !! I I : i it, I : i I I I I IS' ¡Ii il, i ¡ ¡It Iii I I ',. ' ¡ ! : I I I I Ii I ,J ,/ i I j' I j I I ,"I I """-\ " , 'IJI '" ",,',' , "'"1,,, ! " ',' ! L/, ".. i I IT] ~ !>IT "I, i ',. ~'~/I'!:, I I I ¡ I 1 I" ,,' ,,' ¡ , 11 Ii, 11 I ~ ; I ,,' -c~ I I I ! 11!li! ,.,I! ,{Ii).,., I !~.LLi(A¡ì\1 I ! ',¡'ji:;!!¡ I I :~I-I ii::,i': i-t I !I I I ¡ I ¡ " ,I! I II! ! ; I : ::".! I ¡ I ¡ i ! ¡I" t i: ¡ ! I , "'.1 i,,: i I -¡ i ',i i, ¡ ,,: ¡ I ¡ ! : ¡ ! ¡ ¡¡,Ii i ¡.I ¡ I'll I I ! I i ¡ I : ; ¡TTTT'j ! ! ¡ ,¡ I ¡ ,...:! - ¡ ,-,J...i, t J ; " . I " , DISCLAIMER e O~Ij~2fH 806 & 812 Merritt Ave. N A Tbl""OI"""b",""",,_,oI,,,O"" ""m""".",,"nlm"'tob,m,'uoo,. Th. "'win,.......pU"'oo or""""."", .n"n"m"'oo'=""n""~d".ro""" .n"""ofI1,~.""'b,,,,"n~..""n, 'b"""_"",.,."",...,."""",, O""",~ool,. Th'C",.,o.b""'b.",,~ 'pom'b""""""=""~"""n",n"'"d City of Oshkosh rrdlK""",I'~:;,~;:¡::~'="ct'ëommunity Development 50 50 Feet 10-19-2005 Scale: 1" = 50' So", 'CI .fo,bk",bGIS View from the south q View of 806 from the south q View of 812 from the south q Attachment to BOA Packet 10/26/05 806 & 812 Merritt Avenue Photos taken 08/23/05 David Buck Close-up of parldngl drive at 806~ Close-up of parking over lot line ~ Attachment to BOA Packet 10/26/05 806 & 812 Merritt Avenue Photos taken 08123/05 David13U<k .0' 15 I 7 DISCLAIMER 806 Merritt Ave 812 Merritt Ave This map d neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilatioo of records, data and information located in varions city, eounly and state omees and other soncees affecting tbe area shown and it is to be nsed for referenee purposes only. The City of Oshkosh is not re- sponsible for any inaecoraeies herein contained. If ddocepend" are fonnd, please eontact the City of Oshkosh. City of Oshkosh Wisconsin Community Development OJHKOJH 1" = 20' Created by - N A 10/4/05 e, a"""" ~Œ1Ë,"'" OJHKOfH å Ó ... \D 0 V) 179.81' ro ... ~ ~ DISCLAIMER 806 Merritt Ave. This map is n.Uher a l.gaIly rocord.d map nor a survey and it ~ not int.nd.d to b. used as on.. This drawing is a compilation of rocords, data and info,mation iooat.d in various city, ,onnty and sta" om,.. and other som-us affocting the aroa shown and U is to be usod for roferenco pnrposos oniy. The City of Oshkosh is notre- sponsibl. for any inaccuracies her.in contain.d. If dimep.ncies an found, pi.",. contact tbe CUy ofOshk..h. City of Oshkosh Wisconsin Community Development 1" = 50' Created hy - pI 134. N A 10/10/05 ¡..: (J z w ;:: 0 '" (J ~ w CJ 0 w ~ z 0 :;: DISCLAIMER Thi, map " neIther a legally ",ordod map nor a ,"",oy and it Is not lotended to ho nsod as one. ThIs drawing " a rompdation of record" data and Information located ;n vadon, city, connty and s"'to om", and other ,ourc" affecting tho am shown and it is to bo uscd for refer.." purpo", ooly. The City of Oshkosh I, not roo- 'po";ble for any Inaecnracl" hornln rontalnod. If dlscroponcio~l~oO~~~~k~:~~" contact tho 300 I 806 Merritt Ave. ON THE WATER N A City of Oshkosh Wisconsin Community Developrnent 0 300 Feet I Created hy - pi 10/10/05