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HomeMy WebLinkAboutBOARD OF APPEALS ~ OJHKOJH City of Oshkosh Dept. of Community Development Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1I30 (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 23, 2006 John Sherer 1366 Otter Avenue Oshkosh WI 54901 Re: 1366 Otter Avenue Dear Mr. Sherer: On February 22, 2006 the Board of Appeals approved your request to create accessory structure space totaling approximately 1,500 square feet with the following conditions: 1. There shall be no further accessory buildings pennitted on the site. 2. The proposed multi-use structure is architecturally compatible in design and material with the existing home on the site. The decision of the Board was filed in the Plarming Services Division Office of the Department of Community Development on February 23, 2006. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on August 22, 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 pennits may be applied for ftom 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 infonnation necessary for review when obtaining your building pennit. If you have any questions, feel ftee to call me at (920) 236-5059. n-o~ Associate Plarmer DB/pal ...b"~c.--H'o'\S ~ O';;'f:!~QfH City of Oshkosh Planning Services Divisioo 215 Church Ave" PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us Jackson R. Kinuey Director Dept. of Community Development Darryn Burich Director Planning Services Division BOARD OF APPEALS AGENDA FEBRUARY 22, 2006 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, FEBRUARY 22,2006 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF FEBRUARY 8, 2006 MINUTES I. 1366 OTTER AVENUE John Sherer, owner, requests a variance to create accessory structure space totaling approximately 1,500 square feet. Section 30-19 (B)(4) ofthe Oshkosh Municipal Code: R-2 Two Family Residence District allows a maximum area for accessory uses and structures of 1,200 square feet. OTHER BUSINESS Discussion of BOA procedures ADJO~NT 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 FEBRUARY 22, 2006 r PRESENT: Dan Carpenter, Robert Cornell, and Moss Ruedinger EXCUSED: Dennis Penney, Vice Chainnan Larry Lang, Edward Wilusz and Chainnan Cheryl Hentz STAFF: David Buck, Associate Plarmer, and Patty LaCombe, Recording Secretary The meeting was called to order by Mr. Buck. In the absence of the Chainnan and Vice Chainnan Mr. Buck called for a motion for a Chainnan pro tem. Motion was made by Mr. Carpenter to nominate Mr. Cornell, seconded by Mr. Ruedinger. Unanimous. Roll call was taken and a quorum declared present. Motion by Mr. Carpenter for approval of the February 8, 2006 meeting minutes, seconded by Mr. Cornell. Motion carried 3-0. I: 1366 OTTER AVENUE r"' John Sherer, owner, requests a variance to create accessory structure space totaling approximately 1,500 square feet. Section 30-19 (B)(4) of the Oshkosh Municipal Code: R-2 Two Family Residence District allows a maximum area for accessory uses and structures of 1,200 square feet. Mr. Buck introduced the item and passed around colored pictures. Mr. Buck also stated the subject property is approximately Yz acre of land and the subject site is adjacent to Lake Winnebago. The applicant is requesting a variance ftom the zoning code to allow construction of a detached combination structure of a garage and boathouse totaling 720 sq. ft. It is proposed to be located on the northwest corner of the site utilizing the existing driveway that runs along the side of the property and along the back almost to the lake. The site currently contains a single family home of approx. 4,000 sq. ft with about 780 sq. ft. of attached garage space. It is important to state the application is for a combination of a detached garagelboathouse as our code allows up to 1200 sq. ft. of garage space per site of which he has 780 sq. ft. of his current attached garage. The code also allows an additional of 500 sq. ft. of boathouse. Mr. John Sherer, Owner/applicant, 1366 Otter Avenue. Mr. Sherer stated he is primarily adding boathouse space but 500 sq. ft. wouldn't be enough room for his small sail boat and 22 ft. power boat that he is building. Mr. Sherer also stated the neighbor to the north is planning on landscaping the lot line between the two properties. r Mr. Cornell asked ifthe new structure would be blocking the view of the lake ftom the neighbors to the west. Mr. Sherer stated he wasn't sure. Mr. Cornell then asked if the structure would be used for a garage or for mostly working on the boats and storing of the boats. Mr. Sherer stated it would mainly be used for working on the boats. Mr. Cornell then asked if it has the capability of being used as a garage. Mr. Sherer then stated a new owner could use it as a garage. Board of Appeals Minutes -2- February 22, 2006 ., .~ Mr. Carpenter motioned to approve the item with staffs recommendations, (a) (b) There shall be no further accessory buildings permitted on the site. The proposed multi-use structure is architecturally compatible in design and material with the existing home on the site. Seconded by Mr. Ruedinger, motion carried 3-0. Finding of Facts: Mr. Carpenter stated a single structure is better than two structures. Mr. Cornell stated there is no uniqueness or any adverse impact on 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 3:50 p.m. Unanimous. 157ßL David Buck Associate Plarmer DB/pal .~ STAFF REPORT BOARD OF APPEALS FEBRUARY 22, 2006 ITEM I: 1366 OTTER AVENUE GENERAL DESCRIPTION AND BACKGROUND John Sherer, owner, requests a variance to create accessory structure space totaling approximately 1,500 square feet. Section 30-19 (B)(4) of the Oshkosh Municipal Code: R-2 Two Family Residence District allows a maximum area for accessory uses and structures of 1,200 square feet. The subject 0.49 acre property is zoned R-2 Two Family Residence District and is developed with a single family home. The general area can be characterized as a low- density residential neighborhood of single and two family homes with the land use predominately single-family. The subject site is adjacent to Lake Winnebago on the east. 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 backs, frontage, height, bulk or density would uureasonably prevent 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 ofthe property, which create a hardship? Will granting of a variance result in harm to the public interest? The applicants are requesting a variance ftom the Zoning Code to allow the construction of a detached combination garagelboathouse totaling 720 sq. ft. of area, to be utilized by the single-family residence on the lot. It is proposed to be located on the northwest corner of the site utilizing an existing driveway from Otter Avenue, which follows the western property line then turns east following the northern property line. The site currently contains a single family home with a footprint of approximately 4,000 sq. ft., of which 780 sq. ft. is attached garage space. As mentioned, this structure is proposed to be a combination of boathouse and detached garage. This is important to discuss, because if the requested structure is considered a boathouse, it is limited to 500 sq. ft. and is 220 sq. ft. gteáter than allowed. If the structure is considered garage, the addition of the 720 sq. ft. of accessory structure would create a total of 1,500 sq ft of accessory structure space, which is 300 sq ft greater than allowed by code. The requested variance is to combine the additional allowed garage space and the allowed boathouse space into a single structure. The applicant contents that it is a practical difficulty to divide up the two functions into two separate buildings, thereby being an unnecessary burden when both functions can be better accomplished in one smaller structure. Staff agrees that the ability to combine the uses into one structure will help to maximize the open space on the lot as well as to better :il. STAFF REPORT ITEM I -2- BOARD OF APPEALS FEBRUARY 22, 2006 ',-, preserve lake views. Additionally, staff agrees with the petitioner in that the location proposed for the structure has the least impact on surrounding property owners as well as utilizes the existing pavement on site. With the exception of its the proximity to the lake, the site itself does not have any unusual or unique characteristics that create a hardship. However, the applicant has stated that the allowed 500 sq. ft. stand-alone boathouse would be insufficient for his needs and additional garage space would be required that would most likely have to be a separate structure as attempting to convert and or expand the existing garage would jeopardize the design and style of the Otter Street façade. In regard to harm to the public interest, the petitioners have stated that the neighbors they have spoken with prefer a single outbuilding to two. Staff believes that the applicants have requested the minimum amount of space needed for functionality as stated and agrees that the use of one multifunction structure is preferable to multiple structures and the possibility of outdoor storage, which is often a reason of complaint within the city and has been suggested to negatively affect property values and the quality of living of adjoining and nearby property owners. RECOMMENDATION Based on the infonnation provided within this report, staff recommends approval of the variance to create accessory structure space totaling approximately 1,500 square feet with the following conditions: (a) There shall be no further accessory buildings pennitted on the site. (b) The proposed multi-use structure is architecturally compatible in design and material with the existing home on the site. Please TvDe or Print in BLÁ CK 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 Dlan (maxiIniunsize 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 ofOsbkósh and due at the time the application is submitted. Address of Parcel Affected: Petitioner: :fo""" Scherer- Petitioner's Address: / 36b o.¡...{e;-- Aile Signature Required: ~ ~ ,/ HomePhOne: 9 2cJ~237-'O7:;-P Work Phone: 92C1~92-4 ~2(}?{, Date: 1/23/06 OWner (ifnot 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 nnnecessary hardship wonId be created if the variance is not granted. The burden of proving an nnnecessary hardship rests nþOn the applicant The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necêssaìy, to provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans al!d why you are requesting a variance: I am seeking approval for a detached combined garagelboathouse accessory structure of 720 square feet. My existing attached garage is 780 square feet. If the new building were treated as a garage the property would exceed the maxinlum allowable 1200 square feet of garage area. Ifit were treated as a boathouse, it would exceed the allowable 500 square feet. The variance would allow me to combine allowable square footage ftom garage and boathouse allocations to put up one structure that makes better use of the prop~!o/ t~an ~~_s~!'!I!~tesP:u~~~s_F<?1:11g; . . '. 2. í>esèribe b~~ the variance wOl,!ldIlot~ave a,n ä~yer~,~n:!:Cto~s,lÌtt~tffi~i!l~jjm¡j~rnes: - . --'-H~--TliëïocãÜoîifõ¡:ihe-Sifùct;jrë~šiíië-bacrcörner ofìhe lot. This 10cat1ûÌiwilllïavetIïe-'--_. smallest impact on the neighboring properties. There is a garage opposite this location on the property to the North and is at the back of the neighboring lot to the west. The property to the Northwest also has a garage near the back of the lot between the residence and my proposed structure. There is already paved access to this location on the property ftom Otter Ave. and along the back of the lot. Some of the pavement will be replaced by the structure. As part of the acceptance of this variance, I would be willing to forgo the option of putting up two separate structures that could total 920 squ¡¡¡:e feet f()rgne ~!æÇllite.9f 720 square feet. (ContiÌ1u~d ~n R,eyérse Si~e) \6 .. \.C ~~tc~ I I '3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: The lot is on the Lake Winnebago waterftont allowing it to have a boathouse in addition to a garage. I am seeking space to store and work on my powerboat and smallsailboat. The proposed 20' x 36' structure will provide adequate space for this and, I believe, is reasonable given the size öfmany boats today. The flexibility of the structure would allow any future owner to make good use of it as well. 4. Describe the hardship that would result if your variance were not granted: As a boat owner I would like to have a place to store and work on my boat on my property. I think it's likely that future owners would have similar needs as well. A stand-alone boathouse of 500 square feet would not be sufficient to accommodate my needs. The existing garage is not configured for this use and would be unusable for vehicles if converted to this use. 'The architectural style of the house would be degraded by any garage modification as well. FOR OFFICE USE ONLY - ADJACENTPROPERTY OWNERS \VITa MAILING ADDRESSES / JOHN SITTER 1358 OTTER AVE OSHKOSH WI 54901-5453 ,WILLIAM/ELIZABETH WYMAN 1373 WAUGOO AVE OSHKOSH WI 54901-5324 WILLIAM/ELIZABETH WYMAN 1361 WAUGOO AVE OSHKOSH WI 54901-5324 2) MERCEDES DEMPSEY 1357 OTTER AVE OSHKOSH WI 54901-5452 MR & MRS RAYMOND RUETTER 1363 OTTER AVE OSHKOSH WI 54901-5452 3) 8) 4) 9) 5) 10) .', .' 0, ~ <\ ~ '"' 0 I I 0.005 O.Ol..i , Home Reset :.';"'4-6' J I 58 ~t @ I 29 ATTACHMENT TO BOA PACKET 1366 Otter Avenue FEBRUARY 22,2006 View looking ftom the area to the south View to the west 10f2 ATTACHMENT TO BOA PACKET 1366 Otter Avenue FEBRUARY 22, 2006 View to the east View of area ftom the south 2of2 DISCLAIMER City of Oshkosh Wisconsin Community Development OJHKOfH ON THE WATER N A This map is neither a legally recorded map nor a snrvey and it is not intended to he nsed as one. This drawing is a compilation of records, data and information located in vadoos elly, coonty and state offices and other sources affecting the ma shown and it is to he nsed for reference purposes only. The City of Oshkosh b not re- sponsihle for any inaecuracies herein contained. If discrepencies are fonnd, please contact the City of Oshkosh. 1366 Otter Avenue 1" = 60' Created by - pI 2/14/06 DISCLAIMER 1366 Otter Avenue . OJHKOJH ON TIlE WATER N  This map is nehher a legally recorded map nor a sumy and it is not intended to be used as one. This drawing is a compilation of records, data and information located io various city, county and state offices aud other sources affecting the area shown and h is to be used for reference purposes only. The City ofOshkosb is not re- spoosible for any inaccuracies herein contained. If discrepencie~~eo~o~~:k~:~~se contact the 500 I City of Oshkosh Wisconsin Community Development 0 500 Feet I Created by - pI 02/14/06