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Home My WebLink AboutBoard of Appeals - 2/10/2006 ~.,. ~ OJHKOJH o<m.... City of Oshkosh Dept of Community Development Planning Services Division 215 Church Ave.. PO Box 1130 Oshkosh. WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.cLoshkosh.wi.us Jackson R. Kinney Director Dept of Community Development Darryn Burich Director Planning Services Division February 10,2006 Showcase Custom Homes, Inc 2755 AlgomaBlvd Oshkosh WI 54901 Re: 2323 Jefferson Street Dear Mr. Mathusek: On February 8, 2006 the Board of Appeals approved your request to divide an existing lot creating two lots with substandard frontage/lot width of approximately 49.9 feet each with the following conditions: I. The existing det.ached garage on the site be removed or relocated to meet the setback regulations of the Zoning Code. 2. The driveway be adjusted or relocatéd to meet the regulations of the Zoning Code. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on February 9, 2006. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on August 8, 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 - I :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. <Drvc David Buck Associate Planner DB/pal BOARD OF APPEALS MINUTES FEBRUARY 8, 2006 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney and Vice Chairman Larry Lang EXCUSED: Moss Ruedinger, and Edward Wilusz and Chairman Cheryl Hentz 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. Motion by Mr. Cornell for approval of the December 14, 2005 meeting minutes, Seconded by Mr. Carpenter. Motion carried 4-0. I: 2323 JEFFERSON STREET Showcase Custom Homes, Inc., applicant and owner, request a variance to divide an existing lot creating two lots with substandard frontage/lot width of approximately 49.9 feet each. Section 30-17 (B)(I)(a) of the Oshkosh Municipal Code: R-l Single Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet r Mr. Buck introduced the item and passed around colored pictures. Mr. Buck also stated the subject property has 99.92 feet of frontage and contains a single family home that is orientated to the North of the lot. The petitioner is requesting the variance to divide it into two lots; one lot containing the existing home and allowing the other lot to be developed into a single family home site. The lot width, when split, would be less than required by code but will be consistent with other parcels in the area. Mr. Lang asked staff if the vacant lot is the fenced area on the picture. Mr. Buck stated that is was. Mr. Lang then asked staff where would the 49.96 feet be located on the property. Mr. Buck stated to the South of the garage. - Mr. Cornell motioned to approve the item with staff's recommendations, seconded by Mr. Penney. Mr. Lang opened the item for discussion. Jerry Mathusek, Owner, 2755 Algoma Blvd. Mr. Mathusek stated they took the property in trade from another property in the area. When he received the property a survey was done and it was known at that time the garage would have to be moved or razed. He has built other homes in that area on 50 ft. wide lots. The property was purchased with confidence that they could split the lot and there would be no adverse effects. Board of Appeals Minutes -2- February 8, 2006 Mr. Penney asked if the driveway is right along where the lot line would be for the second lot and also asked if the fence would be the borderline of the split. Mr. Mathusek stated that if they move the garage the existing driveway would remain right where it is and a new driveway would be installed for the new parcel, assuming the variance were passed. Mr. Penney asked if there were an offset problem on the driveway, it would be quite tight to the second lot. Mr. Buck stated the driveway is required to have a 6-inch setback whereas the garage is a 25-ft. setback. Mr. Mathusek stated the home they are planning on building is going to be a ranch home with an attached 2 car garage so the new driveway will be 8-10 ft. off the lot line. Mr. Lang asked if the existing garage is taken down, would the existing driveway be grandfathered in. Mr. Buck stated the driveway would be grandfathered in, however, the new garage that would be built would have to comply with the code. Mr. Cornell asked if the specifics of the garage were that of the Inspection Services not that of the Board of Appeals. Mr. Buck stated that is covered under the general building and zoning code regulations, which would still have to be followed. Frank Benson, Neighbor, 2313 Jefferson St. Mr. Benson stated a new house neighboring him would increase the property value of his home. His concern is that if the new house is built 5 ft. from the property line, he could possibly have someone looking out the window onto his patio. Mr. Carpenter asked what the distance is from his patio to the lot line. Mr. Benson stated the thought it was between 6 inches and 2 ft. Mr. Buck stated 2ft. is code. Mr. Carpenter then askèd Mr. Benson if there was room for a fence or some sort of landscaping. Mr. Benson stated there was already a chain link fence there. Mr. Penney stated the chain link fence could be removed. Mr. Benson stated he would have to put up another fence. Mr. Buck stated other options were to hedgerow in that spot. Mr. Penney stated he wanted to make an amendment to the original motion: 1. The driveway be relocated or adjusted to meet the regulations of the zoning code. Mr. Cornell seconded the amendment to the original motion, the amendment carried 4-0. Mr. Lang stated he sketched out a diagram of what happens on a lot that size when we have 25 ft. front yard setback and two 5 ft. side setbacks and if a garage is going to be put on the lot, the lot will become smaller. He wouldn't want someone to revisit this issue with someone coming along asking for yet another variance saying that 25 ft is too much of a setback. If this variance is granted it will comply with existing codes and he hoped there would be no further requests for special placement. 50 ft. lots, even ifthe lots are 130 ft deep, has limited amount of usable space and will get to be a bit tight. Mr. Buck stated the front setback is 25 ft. or the average of the two adjacent structures. ~ ""'" ....., Board of Appeals Minutes -3- February 8, 2006 Mr. Lang stated a roll call was needed for the original motion with amendment, roll call was taken, motion carried 4-0. Finding of Facts: Mr. Carpenter stated that by dividing the lot in half it would be consistent with the other lots in the area. Mr. Penney stated it is somewhat of an unusual circumstance relative to the standard code, consideration ofthe rest of the neighborhood basically equals those same size lots; it doesn't make or add any adverse impact on the neighborhood. Mr. Penney stated adding an extra home on the lot will increase the taxes in the neighborhood. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this time. There being no further business, the meeting adjourned at approximately 3 :58 p.m. Unanimous. Respectfully Submitted, /o-C:iß a~ David Buck Associate Planner DB/pal r -:L ¡, ~pQc+io",s e °.z1j~2JH City of Oshkosh Dept. of Community Development 215 Chureh Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director BOARD OF APPEALS AGENDA FEBRUAR(i~~ ~;:J 3:30 PM To Whom It May Concern: PLEASEe;' the City of Oshkosh Board of Appeals will meet on WEDNESDAY, FEBRUARY 8 005 t 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF DECEMBER 14, 2005 MINUTES I. 2323 JEFFERSON STREET Showcase Custom Homes, Inc., applicant and owner, request a variance to divide an existing lot creating two lots with substandard frontage/lot width of approximately 49.9 feet each. Section 30-17 (B)(I)(a) of the Oshkosh Municipal Code: R-l Single Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet. 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 THRUFRIDAY STAFF REPORT BOARD OF APPEALS FEBRUARY 08, 2006 ITEM I: 2323 JEFFERSON STREET GENERAL DESCRIPTION AND BACKGROUND Showcase Custom Homes, Inc., applicant and owner, request a variance to divide an existing lot creating two lots with substandard frontage/lot width of approximately 49.9 feet each. Section 30-17 (B)(l)(a) of the Oshkosh Municipal Code: R-l Single Family Residence District requires all lots within said district to have a minimum frontage/lot width of 60 feet. The subject 0.3 acre property is zoned R-l: Single Family Residence District and is developed with a single family home. The general area can be characterized as a single- family low-density neighborhood with the exception of a manufacturing property on the north end of the block at the corner of Jefferson St. and Libby Ave. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the qnestion of whether unnecessary hardship or practical difficulty exists is hest explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bnlk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any nnnsual or uniqne 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 99.92 feet of frontage/lot width and contains a single family home orientated onto the northern portion of the lot. The petitioner is requesting a variance to divide the lot into two, one containing the existing home as represented on the attached Preliminary CSM and the other to be developed with an additional home. The petitioner has stated that as it exists, a large amount ofland area is unusable and as the lot is much larger than others in the area, there is a practical difficulty in the ability to sell. Granting the proposed variance will allow two substandard lots, both being approximately 10 feet short of the required 60 foot width. Staff reviewed the size of lots fronting Jefferson St. (from E. Smith Ave. to Libby Ave.) to compare widths and determine exactly how the proposed narrower lots would fit with the general makeup of the neighborhood. It was observed that on the west side of Jefferson that all of the residential lots are 50 feet in width with the one manufacturing lot being a combination of 2-50 foot wide lots and 1-53.6 wide lot. The subject property was also originally two-50 foot wide lots that were combined sometime prior 1957, when the property was annexed into the city. On the east side of Jefferson 11 0£12 lots are 50 feet in width with the 12th being the corner lot at 53.6 feet in width. Attached please find a map depicting lot layout of the block. STAFF REPORT ITEM I -2- BOARD OF APPEALS FEBRUARY 08, 2006 Beyond the substandard lot width, the proposed lot split would create further nonconformity with the Zoning Code as the areas of said lots would be approximately 6,600 sq ft when the Zoning Code requires 7,200 sq ft of area. As with the lot widths, the reduced lot area would be consistent with the rest of the area. In regard to adverse impact or harm to the public interest, the proposed lot split leaves two parcels short of the required lot width and area that is consistent with the parcels in the immediate area and it is felt by staff that the ability to have two lots versus one lot is beneficial to the public interest in that the perceived salability issues would no longer be burdensome. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance request to divide the existing lot into two with 49.96 feet of frontage with the following condition: (a) The existing detached garage on the site be removed or relocated to meet the setback regulations of the Zoning Code. LI BBY AVE. d~ °Óg . g ~N 0 ..r-itg 8.0' .0 Lß g ~ g~D 08,0' 80' D C]g M M ~ Z ~~~p M M 0 c:::¡:¡¡ D ~I g ,!h D ~ '" I&.....J 8.0' 8.0' s.c' c=J Dg LU g 0 8.0' u- N C=:J ~~ u- ,,~D 0 D ~ '" LU oj ~ 8.0' 8.0' g -, ~D '" N <0 "<t e<) N 8.0' 8.0' ~~DD '" ~ .0' 8.0' g M 8.0' 125.' <0 "~D i2N g g ~ D D 8.0 8.0 D " oj 8.0' 8.0' Og Dg 8.0 . 8.0' ug 0: .,; 0 ~~ Jqo' M O~g ,,~D ii:N " '4 "<to ,,0 de<) "'N 8.' 8.0 g OP 8.0' 8.0' ~ \!:§jý OZ':!!2fH City of Oshkosh Community Development 0 Q¡g 1Dg E. d" oj D gD 8.0' 8.0' 8MITH 2300 Block Jefferson Lot Comparison N A Scale: 1" = 80' 01-30-2006 So"""" co, of o.hkosh GIS ATTACHMENT TO BOA PACKET 2323 Jefferson FEBRUARY 8, 2006 View looking west at subject property View looking east from subject property Photos Taken 01/31/06 ATTACHMENT TO BOA PACKET 2323 Jefferson FEBRUARY 8, 2006 View looking north up block View looking south up block Photos Taken 01/31/06 . Plea~e Tvpe or Print in BLACK INK CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 ~I Please write legibly with black ink and also submit a complete reproducible site Dlan (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. Addrèss of Parcel Affected: ¿;; 3~3 k~5(]h 5tvee+ Petitioner: 5&¡6<.Jcaçe w-hf"-l ~e~ ~c.. Home Phone: , Petitioner's Address: éTlS'S-.Pr1~)/V'K;¡ (Blvd Signature Required:. ~ ..."c... Sap?) e Work Phone: c9-3~S-b (0 Date: I /1 J /66 OWner (ifoot petitioner): Home Phone: Owner's Address: Work Phone: Signature Required: 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 infOimation on what constitutes a hardship. (Attach additional sheets, ifnecessary, to provide the infonnation requested. Additional infonnation may be requested as needed.) J. Explain you~ proposed plans and why yo~ áre requesting a varia.nce:--;-C>;~ ;+ (of- I V)fð '2 &IMJdtÁ.W~ . {j 5'<:'0<-101 e I CD S / +-he. ext!sf>?:J 2. Describe how the variance would not have an adverse effect on surrounding properties: I+ LuolAIJ (Jl6t-lIlo.lA (11/} Mverí5-r:..e?ß'ecd- OS {\;]O>+ O+--U--.e (DK II/) ~'ç {/)e!JLb:v~d cwe 5Ö ~Ö!-- (o+s:, (Continued on Reverse Side) ~J RJ 110& 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: ~Q.-Iot ì 5 C-Wi/I"e }t/--/-L7 0.. (00' (o+- C"'",,\ ~ -PK)S+r:3 h ÒI!1 ¿ 1:S (Þ'{~-,J.ld-v 1le- Jh if ¿,.. e>A L !? t-v?I D -F +~ ~ 10+< U m I èh ~Zes. JfV1M ~ 0+ -\-{e )'0 I- Ut--¡ '-\ s~ k . --- 4'E:77~~:::~~~~-;~ ~ &M~ J {\ . 1+ +0 '.> I, lM.z Å 0 L. ~. 'ea.", CJ.. (vf-. *' l\+-- [ »tnJ 01 1Il 0+ be IoLM tiel a & I e , FOR OFFICE USE ONLY. ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES DAVID LOPATA 1821 HOLLISTER AVE OSHKOSH WI 54901-2762 RICHARD / JANET SCHETTL 306 POYGAN RD OMRO WI 54963-1075 JOAN STRAVELER 2312 JEFFERSON ST OSHKOSH WI 54901 FRANCIS / DEBRA BENSON 2313 JEFFERSON ST OSHKOSH WI 54901 ALICE SCHLICHTING 2310 N MAIN ST OSHKOSH WI 54901-1934 WALLACE. / JOANN OCONNOR 130 SUNNYHILL AVE OSHKOSH WI 54902-7433 STEVEN HORTON AND PRISCILLA SITTER 2324 N MAIN ST OSHKOSH WI 54901-1934 DAVID SCHOONOVER 2326 JEFFERSON ST OSHKOSH WI 54901-1911 INVESTMENT SPECIALIST AND MANAGEMENT LLC 2327 JEFFERSON ST OSHKOSH WI 54901-1911 4) 9) 5) 10) DEC-15-2005 THU 05:05 PM RASMITH 8. ASSOCIATES FAX NO. 920 231 9872 P. 02 JOB NO. 4456 PRË:LJ ' MINAR 'V' CERTIFIED SURVEY MAP NO. SHEETLoF"3 I-OTS 2Ò AND 21 AND THE E, 1/2 OF' A VACATED ALLEY IN al-OCK 11 OF' THE SECOND ADDITION TO THE PI-AT OF' THE INTERURBAN '-AND COMPANY, CITY or OSHKOSH, WlNNEBAGO COUNTY. WISCONSIN. ,~ ' BEARINGS ARE REFERENCED TD THE WEST RIGHT-OF".WAY UNE OF' Jö:F'FERSON S-rnEET WI-IIOH IS ASSUMED TO BEAR SOÙTH 00-02'50' E:AST. AI.'- DISTANCES ARE MEASURED TO THE: NEAREST HUNDREDTH OF A FOOT, 0 DENOTES 1 INCH DIAMETER IRON PtPE 16 INCHES I-ONG SET, WEIGHING 1.13 LBS PER UNEA'- FOOT. () DENOTES RECORD DIMENSION WHERE DIFFERENT THEN '"-CTUAl. MEASUREMENT. ~~'"ä:.~. T111N, ",0< ~ ~.-"- DENOTES CHAIN UNK FENCE. GRAPHIC SCALE (CHISELED CROSS f'<¡JNOJ¡ 15 0 7.5 15:S0 60 o.¡ - L.....!---"" I ",' LIBBEY AVENUE (60FT.) ( IN FEET ) ~ I § ---------------- 1 Inch 0= 30 ft, SSS'<\e',s"w . ~ '8EëÕÑD' - - - iiÏGHT-öF:-WÃŸÜÑ" -.-;;;; ;;;-C';:~~ -- - -t-= i'õ,š:'7i' -- -1 r;¡ ------ I'OUNO IS OON;'.....-r- I . ¡¡¡ . WAU<..1 I '" gf;\-¡;¡ 81 1 I~ S[;:t: ~ , .- u\'oq,--'.!.1 CHISELED CROSS SET IN THE I.., r;¡ ;:;r !¡, CON""_" BASE "" F1!NCE PO"". :¡: ¡¡¡ t\~ /~~~O 0.2' NORTH "" !~.i , -""""""'" NOTCI-I SET IN WAt.. 1 1- ~ I"'" I ;;; ~! I~ I~'I~ ~ I t:z¡j I~ ... 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LL. 8.0' W J ë< 0 '" ('I') T""ë< ('I')~ 8.0' 8.0' N ë< 0 '" 0 0 '" DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to he used as one. This drawing is a compilation of records, data and infb,matlon located in varioos city, eounty and state offices aod other sourees affecting the area showo and it is to he used for refereoce purposes only. The City of Oshkosh b not re- sponsihle for any Inaccuracies herein contained. If discropencies are found. please contact the City of Oshkosh. 8.0' 8.0' 0 0 '" 2323 Jefferson St. .AIT; 'Ì!Jj".,IT'Ì!JjI' "~I.:: . OJHKOfH City of Oshkosh Wisconsin Community Development 1" = 50' Created hy - pi N A 1/23/06 ~~ ¡-----\ - ItA I ~ 11 b '. ¡- W. PACKER AVE. E. PACKER AVE. ~ C2 \ SUbjectj ~te R-3 \ r-- - - "2 ~ II M-3 I ~ u l~,=§;~= =~b=¡~~';I' - ~¡--- ~~¡--- - ~ ~¡---t-- ~r- ¡--- , - ~~u r- =Q,~ . l r-: M-' o~ i rl\_"""",-",,- o_~ 11b.....4 LH ~~=1=~I-~ M I 1111' ill ~!:; I :~r'" - -r-~ -r- ~ 3 ~ llllL- -r--~-r--~ ¡; H - tI J J= -r- - § < r- II rt:1:. -L r-- r-- AVE E. Œ 1/ - -- r--~ :=~ f,J"¡- . C-2PD ~= ~~ ~ '+- ¡--- ¡--- - -- - - ¡---¡--- - - -- r-¡--- - - - I r-¡--- - - - ----¡ I--- r-- - - -- ~ ALI.EN AVE. DISCLAIMER 2323 Jefferson St. This map is neither a legally reeorded map nor a snrvey and it is not intended to he nsed as one. This drawing is a eompilation of reeords, data and information located in various city, eonnty and state offices and other sourees affecting the area showo and it is to he used for reference purposes only. The City of Oshkosh Is not re- sponsihle for any Inaecucacies herelu eontained. lfdiSerepencie~i':;:O~o~~~k::~~e cootaet the 500 I City of Oshkosh Wisconsin Conununity Development ~ ~ I J t--- t 1 -' .A_I" ,. - - ¡---- ~ ~ - ~~ ON THE WATER OJHKOfH 0 500 Feet I Created by - pi N A 01123/06