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Home My WebLink AboutBOARD OF APPEALS ~.¡:.;,." ~ City of Oshkosh Dept of Community Develnpment 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director OJJj~JH November 9, 2005 Randy Schmiedel 2026 Menominee Drive Oshkosh Wisconsin 54901 Re: 2026 Menominee Drive Dear Mr. Schmiedel: On November 9, 2005 the Board of Appeals approved your request for a variance to allow a detached garage (residential accessory structure) to occupy a residential parcel without the existence of a home (residential principal structure) with the following condition: 1. Either a principal structure must be constructed or the garage be removed by December 31, 2006. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on November 10, 2005. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on December 31, 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. 'B/~ David Buck Associate Plarmer DB/pal _~.,Q.d1oi'v'" e °.f!i~QJH CityofO'hkosh Dept of Community Dcvelopment 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 NOVEMBER 9, 2005 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, NOVEMBER 9, 2005 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF OCTOBER 26, 2005 MINUTES I. 2026 MENOMINEE DRIVE Randy Schmiedel, applicant and partial property owner, requests a variance to allow a detached garage (residential accessory structure) to occupy a residential parcel without the existence of a home (residential principal structure). Section 30-3(c) ofthe City of Oshkosh Zoning Ordinance allows a residential accessory structure only when a principal structure is present or under construction. 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, MONDAYTHRU FRIDAY STAFF REPORT BOARD OF APPEALS NOVEMBER 9, 2005 ITEM I: 2026 MENOMINEE DRIVE GENERAL DESCRIPTION AND BACKGROUND Randy Schmiedel, applicant and partial property owner, requests a variance to allow a detached garage (residential accessory structure) to occupy a residential parcel without the existence of a home (residential principal structure). Section 30-3( c) of the City of Oshkosh Zoning Ordinance allows a residential accessory structure only when a principal structure is present or under construction. Low-density single-family uses characterize the land use pattem of the area. The subject property is zoned R-l, Single Family Residence District. The subject property is currently used as an individual parcel for a single-family home. Lake Winnebago is adjacent the site to the south and east. Menominee Park is adjacent to the west and a single-family neighborhood is to the north. 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 explained as "whether compliance with the strict letter of the restrictions governing area, set hacks, frontage, height, bulk or deusity would unreasonably preveut the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property, which create a hardship? Will granting of a variance result in harm to the public interest? The petitioner is requesting a variance from the Zoning Code to allow a detached garage to exist on a residential lot without a principal or primary structure for a period of five years. The subject property, which consists of an approximately 3 acre piece of property with a large single-family home and a detached garage built in 1949, was purchased in October of 2004 by the applicant, Art Dumke and Andy Dumke and is currently being divided into three individual parcels as shown on the attached Preliminary CSM. When the CSM is approved, the parcel labeled Lot 1 on said CSM will contain the detached garage alone. The applicant has indicated that the garage would act as material/equipment storage while the lots are being developed and bridge reconstructed. He has stated that, as this property is an island, that the material and equipment for the construction would preferably be stored on-site rather than having to haul it over the narrow bridge and the use of the garage and its associated drive area would make this possible. Staff agrees that the construction on the island may be problematic and difficult until the bridge is reconstructed but does not feel this is an outright hardship preventing the use ofthe lot. STAFF REPORT -2- BOARD OF APPEALS NOVEMBER 9, 2005 As mentioned multiple times, the subject property is unique in that it is an island with its only access from a private bridge that connects it to Menomonee Drive. Additionally, the 3-acre lot was developed in the late 40s and as developed makes it difficult to divide into acceptable lots without creating one with the outbuilding on it. Additionally, the site(s) are unique in that access to either Lot 2 or 3 must be accomplished through a private drive/road that will traverse the lot(s) to the north thereby requiring a shared private road or drive to be constructed. In regard to adverse impact or harm to the public interest, staff understands that the detached garage has existed for almost 60 years, that it is extremely concealed from Menomonee Drive by vegetation (see attached photos) and that there are constraints of the site and difficulties associated with its development. However, staff does not believe that a timeframe of 5 years will be needed to build-out the island or to reconstruct the bridge and we feel that allowing it to remain on its own parèel would only be acceptable until the bridge is completed. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance with the following condition: a. Either a principal structure must be constructed or the garage be removed within 12 months from the completion ofthe bridge reconstruction. J'lease Tvpe or Print in BLACK INK Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site illan (m:wmum 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 fo~ each va~iance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Addrèss of Parcel Affected: db ,).to ~<2,"-é>""'-':\ V\.P-<2- ~., - (L¿,'t \ o'f CbIV\, '> Petitioner~c.>-~'( ç:c.k~~ ~~~\ Home Phone: H?ò -Oß~ð Petitioner's Address: 90;).<..0, /V\."'-<-O'~V\.""~ ~, SigllatureReqUirJ-,,__~,:'ì'o ~c-L=-~ Owner (if not petitiouer): Work Phone: ô'3,:j..-99'7'ì Date: / DIre) )65- , ( Home Phone: Owner's Address: Work Phone: Signature Required: Date: In o~de~ 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 bu~deri of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a ha~dship. (Attach additional sheets, if necessary, to provide the infonnation ~equested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: A~~ ~......:.:.'" ~"'""f \>.,,-,~.k.- *"3: """""<-~;.."'),., ~'" "'<>v-"~"1 3 "'-"-"""'- 'ì"H~"'\. \C>C.~"'=:'" "".-\ ¿;,"'~ I-À-e."""""::'",,,,<:. ~c-. """'" c.",,-.-e'~\"1 ~ \ "-ov.A."- ø...",-'-o. '3 C"',- 6..<'Å<>-<-"'-eð... Co",-"",':",-, \.."),, <:'~e. d.:'..;\~<-.'S -+k", ~N..t"'À"'¡"".-\C :> I co+. , ""~ ",,&-.;,k.....\ W,'.\. O'-"'~ \ \,;,~. j\~-\<;.¡- ò.'",¡\K."':I-t~,?,o-,-,:.z\ i,,-~ 3> (",-is. ...¡ì".¿ <"-",-,*~À ,",<:>-/'"""",, '~(\ hoe 0" '¡' .." ." ~<,_-e,~t. ,),::." '.. ó-~ u. . .., ',' 't'o...-¿",,\ "" "-¡So 'a.c"e">~\. Þy "-"""""""""i "" \""",ð..'7"'-- ~->..-\,> vQ.<"y ""'i"~U "'- ~......-\¡ """'t \t'\4,~\.\"" -i'.~",-~ -.¡...t...e i""',~\.. 1...."Q..6t--<.- C3.\c"'r 4-"" j,.", <>-Î\"<.",,.à. ~ Y..e",,¡, ..,.\...-.<?.... ð.e.-\'~ CS~7€. ~,- u..¡> "Co .s-y.Q.~-s. ',-,-,"-.::\.",- ""-""'- à"-...""-\o»>,,,- ~ ç:,;-\€. 2. Describe how the variance would not have an adverse effect on surrounding properties: I~. <;. $-\1".......3.:..-......."" k.o... \""""-"0'-- -+"-"-~"'- --.Dc.r )'ú,^<;l\ &"òyec,:s-!". 'Ie -t-ì.ce..<?ó-',J.. 0.,..."-. ~--,--tL ì... Ll<? ø'ì"...eÎoc,-s"",-J.c:> --A-.",- l....JoA'r... f'-\Q."-DI""':':J\.ee Þ<>-, "'-; ô,"'~ ~- ~c.ß'""~<C¿\. '-", r...;;t I)Q--'¡ I)(ç', L.l-e. ..fl,;-o,...... -+\~Q.. '"þ~'>.~, (Continued on Reverse Side) '\(\ It 'J.? 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 'Ikc" ?"Ci;¡>a.À;, '; '" C"~ ~~t U<;\""- '5 0..<':"""", ¡ S¡ô~ L,..>'¡,,^- \..!,s. °".\'1 o..CL~Ss. 1~ b,"t c..fbi,.<;~",,; Co.. ~¡-->,-,çÀ~ ¡""-:~"\.)'Q... Ô",.,À"I'> ""'¿'-\. 'V e¡-y tf,r;.:t\"'~ -t,'O"-'-... f\J...~"J'>"~"\"""-- ~,- 4. Describe the hardship that would result if your variance'were not granted: ~- .. -. - .-"-'~-' '. - '-\ 'L Q <3,C>.r"j-P 0-"'>--' c\.,.-~v"'L'r'--y (,)Ò'-\~ t..,W"L -\'" 1..",-- ~"'t-" ¿'b..."", 'h(>~,...e -+L'\- CJ..J---e.."" ì.> d:Q.ü"Jc..þ<:>..ð.., 1<':.4\JÌ~) Ì\^ cLc.e'-> -\.= c: è>-r",evd- 'J: 0.-)-<3>..5-.e.., FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES I) 2) 3) 4) 5) ¡Z""../Æ..t.>;¿;¿j '¡'(¿¡J~,/)'ÞN.) /2./-rJo j ¿;(O:'-,?r) '-PnP~j~().R > I)/¡-) , Ô~ ~j ) oS'-'l9/J/- -$.'5',;;18' 1~~.J rLz/l ""/~ ,.162 ~ '111"~--n.R~, [)h) !2.-¡IIÞrJ-4.i!..; '..5--1'16/--:1.5:2'7 ~~1) v L1~./J"--'U ';::/;p.Aí!{J 8) ó! ¡j 17 We <Y' ~ /Y4I-L ¡() .,,) , (J.4MN-ú .5'-I'?ð/- ":¡C:;él'1 6) 7) 9) 10) Th'."""'~:~~~'~'.""" ~ ~~~~~~~~~~~ C~;f;~~h ~~~;ci:;;:'~:"'_OO,"_"M""'- Community Development 2026 Menominee /, / Subject Site X Photo 10 œ not to scale Source: C'y of Oshkosh GIS ATTACHMENT TO BOA PACKET NOVEMBER 9,2005 View A ViewB Photos Taken 11/2/05 ATTACHMENT TO BOA PACKET NOVEMBER 9, 2005 ViewC ViewD Photos Taken 11/2/05 ATTACHMENT TO BOA PACKET NOVEMBER 9, 2005 ViewE ViewF Photos Taken 11/2/05 ATTACHMENT TO BOA PACKET NOVEMBER 9, 2005 ViewG ViewH Photos Taken 11/2/05 JOB NO, 4326 CERTIFIED SURVEY MAP NO.- SHEELZ:...OF 5 LOTS I, 2, 3, 4, 5. 6, 7 AND 8 OF BLOCK 2 AND All OF lAKE COURT (NOW VACATED), IN lAKE VIEW PARK, IN THE FIFTEENTH WARD, CITY OF OSHKOSH, WlNNEBAGO COUNTY, WISCONSIN, ~ N j DETAIL OF D£D/CA T£D FIRE LANE EASEMENT ARC - 81.75 RADIUS = 407,60 CHORO . 01.65 CHORO ORNG, - N56'27'05"' "", p,J11 ~'I ,I " (.)1' ~:- ~~Jj.~g,.- ~'I 0,1 ~/ d;-f/ 'Y/ ,£~I ~~/ f}'" 1 ~/ / ~- ~ÞJj.~g,.- Nationalno-233-2884 ' - - Fox 9?O.?11-9R7? "" ~ This map is neithor a 'egally reeorded map no, a sumy and it is not intended to he used as one, This dcawing is a <ompilation of reoo,ds, data and information lo<aled in various dty, <ounty and state om"s and other soums afeeting the area shown and it is to he used foe referen" pnrposes only, The Œy of Oshkosh is not r.,.. sPJo:~;~~;e';':7~i;:;~:~~~,'~I::;:i;0~~~;:¡;;";" 200 City ofOshkosh, , City of Oshkosh Wisconsin Community Development 0 200 DISCLAIMER Close Up View 2026 Menominee Drive N A ON THE WArn¡ Created by - VR Feet 10-24-05 DISCLAIMER Existing Zoning 2026 Menominee Drive e OJHKOJH ThIs map is ndth" a legany "wded map no, a sumy and it is nol In"nded to he u"d.. one, ThIs d<awing Is a ..mpHation of r"ords, data and info,mation loca"d in vadous diy, eounty th::~:::~o:c:~;~td¡:::~:::;;~~;~:;:;;~c,city of Oshkosh Wisconsin s:o:~~;:~:;:;;;y ~:c;~~a~[e?~:~:;': :~.::::::.;, Community Development If di""pend" m fonnd, plea.. conlact Ihe CIty of Oshkosh, ON THE WATER 1000 I 0 1000 Feet Created by - VR N A 10-24-05 BOARD OF APPEALS MINUTES NOVEMBER 9, 2005 r PRESENT: Dan Carpenter, Robert Cornell, Moss Ruedinger, Edward Wilusz, Vice Chairman Larry Lang, and Chairman Cheryl Hentz EXCUSED: Dennis Penney STAFF: David Buck, Associate Plarmer, and Patty LaCombe, 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 October 26, 2005 meeting minutes, Seconded by Cornell. Unanimous, I: 2026 MENOMINEE DRIVE [' Mr. Buck introduced the item and passed around colored pictures, Mr. Buck also noted the property is located on an island connected to the main land by a bridge, The petitioner is requesting a variance to the zoning code to allow the detached garage to exist on a residential lot without a primary structure, The applicant has indicated the garage will act as a material and equipment storage shed while the lots are being developed and the bridge is being reconstructed, Part of the CSM approval was that the bridge be reconstructed to hold the weight of large vehicles, Randy Schmiedel, Owner and applicant, 2026 Menominee Drive, There was discussion about the reconstruction of the bridge and what it had to do with the current garage and driveway, Mr. Wilusz asked what the garage¡. had to do with the fire lane, Mr, Buck stated if the garage is to be removed then the concrete also needs to be removed, and that wouldn't leave a turn-around for the Fire Department at which point the owners would have to supply another turn around, The Board discussed how the fire lane is tied to the CSM, and the CSM is tied to the Building Permits, Mr. Lang asked if the garage comes down, would there still be access to the attached garage. Mr, Buck stated you would still have access but it would not be the same as it is now, the current driveway will eventually be tumed into a 20-ft, drive lane, ' Mr. Buck stated staff is recommending approval with the following condition: Either a principal structure must be constructed or the garage is removed within 12 months from the completion of the bridge reconstruction, Mr. Cornell stated he had a problem with staff's condition for either a principal structure to be constructed or the garage be removed within 12 months from the completion of the bridge reconstruction, Board of Appeals Minutes -2- November 9, 2005 Mr. Buck stated the condition for approval of the CSM requires the bridge reconstruction completed before an occupancy permit for the southern most lot can be obtained, ,.,.¡ Mr. Wilusz stated a date should be chosen for the garage to come down, Mr, Lang stated the focus should not be on the reconstruction of the bridge, it should be on the removal or compliance of the garage. The Board should put in the condition that the variance will expire on December 31, 2006, Motion by Lang for approval of the variance request to allow a detached garage (residential accessory structure) to occupy a residential parcel without the existence of a home (residential principal structure) with the following condition: 1. Either a principal structure must be constructed or the garage be removed by December 31, 2006. Seconded by Carpenter. Motion carried 5-0. Ruedinger as alternate abstained from the vote. Finding of Facts: Mr. Wilusz stated this is a unique physical situation that creates some hardships, Ms, Hentz stated it doesn't create any harm to the public interest, since it is on an island by itself, Mr, Lang stated they have set a definite timeframe, so it is not an open-ended variance that could go on, Mr. Wilusz stated it is the least variance necessary for reasonable use of the propertý, ,.,.¡ Ð1SCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this meeting, There being no further business, the meeting adjourned at approximately 4:07 p,m, Unanimous, 1:))ÇB~ David Buck Associate Plarmer DB/pal ""'"