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Home My WebLink AboutLetter-Board of Appeals (approved) ~ O--':!:!~QJH 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.ci.oshkosh.wi.us Jackson R. Kinney Director Dept. of Community Development Darryn Burich Director Planning Services Division April 17,2006 Victor Page 115 Birch St Omro WI 54963 Re: 44 & 50 W 11th Avenue and 1016 Nebraska Street Dear Mr. Page: On April 12, 2006 the Board of Appeals approved your request to divide an existing lot creating three lots with substandard frontage/lot width ranging from approximately 49.13 feet to 51 feet as well as a variance for substandard lot area ranging from 4,925 to 5,112 sq. ft.with the following conditions: L Two-family residence located at 44 W 11th Avenue is converted to a single-family residence. 2. Driveway located between 44 & 50 W 11 th Avenue is removed.. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on April 13, 2006. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on October 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 ~ ~ OJHKOJH City of Oshkosh Plaooing Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.d.oshkosh.wi.us Jackson R. Kinuey Dircctor Dept. of Community Devclopment Darryu Burich Dio."tor Planning Services Division BOARD OF APPEALS AGENDA APRIL 12,2006 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, APRIL 12,2006 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF MARCH 22, 2006 MINUTES I. 44 & 50 WEST 11TH AVE. AND 1016 NEBRASKA STREET Victor Page, applicant and owner, requests a variance to divide an existing lot creating three lots with substandard frontage/lot width ranging from approximately 49.13 feet to 51 feet as well as a variance for substandard lot area ranging from 4,925 to 5,112 sq. ft. Section 30-19 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 and a minimum area of 7,200 sq. ft. for single family use. II. NORTHWEST CORNER OF EAST PARKWAY AVENUE AND JEFFERSON STREET Zee Ajdini-app1icant, Winnebago County-owners, request a variance to permit an off-street parking area that will have a 6 foot front yard setback. Section 30-26 (B)(3) of the Oshkosh Municipal Code: C-3 Central Commercial District requires lots sharing frontage with a residential district to provide a 25 foot front yard setback. 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 APRIL 12, 2006 PRESENT: Dan Carpenter, Robert Cornell, Vice Chairman Larry Lang, Edward Wilusz, and Chairperson Cheryl Hentz EXCUSED: Dennis Penney and Moss Ruedinger STAFF: David Buck, Associate Planner, and Patty LaCombe, Recording Secretary The meeting was called to order by Chairperson Hentz. Roll call was taken and a quorum declared present. Motion by Mr. Cornell for approval of the March 22, 2006 meeting minutes with some changes, secönded by Mr. Carpenter. Motion carried 4-0-1 Mr. Lang abstaining. I: 44 & 50 WEST 11TH AVENUE AND 1016 NEBRASKA STREET Victor Page, applicant and owner, requests a variance to divide an existing lot creating three lots with substandard frontage/lot width ranging from approximately 49.13 feet to 51 feet as well as a variance for substandard lot area ranging from 4,925 to 5,112 sq. ft. Section 30-19 ofthe 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 and a minimum area of 7,200 sq. ft. for single family use. Mr. Buck introduced the item and passed around color pictures. Mr. Buck mentioned the owner has stated he has a buyer for the two family residence and that buyer plans on converting it into a single family home. Victor Page, Owner/applicant, 115 Birch St. Omro, Wisconsin. Mr. Page stated he feels the lots are large enough for what is being presented. Mr. Page continued to state all the land will be used around the houses and it would be in the best interest of the city to allow the split. All the neighbors think it is a good idea to have property owners instead ofrenters. Mr. Cornell asked if the property has always been rental property. Mr. Buck stated that to his knowledge they always have been rentals; the city doesn't track ownership. Mr. Lang questioned if the property is split, would the new driveway be situated right on both lot lines. Mr. Buck stated that was a typo, it should have stated the current driveway would be on both lot lines if not removed. Mr. Lang stated he has another concern; what reassurance would he have that the two family residence is going to be converte.d into a single family home. They could say they are going to do it and find out the cost and decide not to do it. Mr. Buck stated they are going to have to get the land division approved and until permits are pulled for the change in use, to convert it to a single family dwelling, there would not be approval of the CSM. Mr. Lang then stated he has concerns without changing anything on the inside of the house, how easy it is to change the öutside ofthe house to make it look as ifit is a single family home; and how easily it could be converted back into a two family home. Board of Appeals Minutes -2- April 12,2006 Mr. Buck stated that he is not a building inspector but thinks that one would have to remove a kitchen and possibly other utilities to go to a single-family and would then need to split them to convert back into a duplex. To do any of this, one would have to pull permits and the inspectors would then be notified. If they convert it without pulling permits the city would issue citations. Andrea Disterhaft, 297 N.Westhaven Dr., Granddaughter ofMr. Page. Ms. Disterhaft stated she is the individual who is interested in the two-family property in question. She gives her assurance that she has every intention to convert it back to a single family dwelling and live there herself. Motion by Lang for approval of a variance to divide an existing lot creating three lots with substandard frontage/lot width ranging from approximately 49.13 feet to 51 feet as well as a variance for substandard lot area ranging from 4,925 to 5,112 sq. ft. with staff's recommendations: 1) Two-family residence located at 44 W 11th Avenue is converted to a single-family residence. 2) Driveway located between 44 & 50 W 11 th Avenue is removed. Seconded by Cornell. Motion carried 5-0 Finding of Facts: Mr. Lang stated this would reduce the density of the current situation. Mr. Cornell stated there is no harm to the public interest, no adverse impact to the neighboring property owners. II: NORTHWEST CORNER OF EAST PARKWAY AVENUE AND JEFFERSON STREET Zee Ajdini-applicant, Winnebago County-owners, request a variance to permit an off-street parking area that will have a 6 foot front yard setback. Section 30-26 (B)(3) of the Oshkosh Municipal Code: C-3 Central Commercial District requires lots sharing frontage with a residential district to provide a 25 foot front yard setback. Mr. Buck introduced the item and passed around color pictures. Mr. Buck also stated the applicant is proposing to purchase the corner lot and develop it as an expansion to his parking lot. He is proposing to maintain a 6 ft setback, which match the existing setback on Jefferson Street and appropriately landscape it to match the rest of his property. Mr. Buck stated the applicant contends that there is an unnecessary hardship and a practical difficulty in redeveloping the site as it is unusually small and that his site surrounds the location. Mr. Buck also stated he received a call from Pastor Stevens from Victory Church across the street, who supports the variance and would like to see something done with the site. Ifthe variance is granted, it would not present any additional harm to the public interest. Zee Ajdini, applicant, 1265 Judy Lee Dr. STAFF REPORT ITEM I BOARD OF APPEALS APRIL 12, 2006 ITEM I: 44 & 50 WEST 11TH AVE. AND 1016 NEBRASKA STREET GENERAL DESCRIPTION AND BACKGROUND Victor Page, applicant and owner, requests a variance to divide an existing lot creating three lots with substandard frontage/lot width ranging from approximately 49.13 feet to 51 feet as well as a variance for substandard lot area ranging from 4,925 to 5,112 sq. ft. Section 30-19 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 and a minimum area of 7,200 sq. ft. for single family use. The subject 15,090 square foot property is zoned R-2 Two Family Residence District and is developed with two single-family dwellings and one two-family dwelling. The general area can be characterized as a low-medium density neighborhood dominated by single and two family homes with the exception of a commercial property on the north end of the block. 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 unreasonably 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 of the property, which create a hardship? Will granting of a variance result in harm to the public interest? The subj ect property has 100 feet of frontage/lot width on 11 th Avenue and 150 feet of frontage/lot width on Nebraska Street. As mentioned, it contains I single-family home and 1 two-family home orientated onto W 11th Ave. as well as 1 single-family home orientated onto Nebraska Street. The petitioner is requesting a variance to divide the lot into three, each containing a home as represented on the attached Preliminary CSM. The petitioner has stated that there is a practical difficulty in the ability to sell, as any buyer must currently purchase all 4 units thereby precluding any owner occupant buyers. Furthermore, the petitioner states he currently has a buyer for the two-family dwelling who plans to convert it to a single-family home. Staff is concerned with the current density of the lot and believes the reduction in the number of units from 4 to 3 would greatly improve the functionality of the site such as the ability to provide required parking and usable open space. Essentially, this is a "clean up" type land division in an older developed area of the colTununity where the vast majority of lots were originally platted at approximately 50 feet in width and were this individual parcel was developed with three structures. Granting the proposed variance will allow three substandard lots, all being approximately STAFF REPORT ITEM I -2- BOARD OF APPEALS APRIL 12,2006 10 feet short of the required 60 foot width and all being approximately 2,200 sq. ft. smaller than the required 7,200 sq. ft. It is not historically uncommon for the lots at street corners to be divided in such a manner, as is the case in many older areas of the community. Vehicular access of the lots is currently supplied through individual driveways for each unit (4 driveways). Once divided, the driveway located between 44 W. 11th Avenue & 50 W. 11th Avenue will be situated halfway on both parcels over the proposed lot line and should be removed to allow 1 driveway for and on each individual parcel. This will allow access to Lots 1 and 3 from Nebraska and access to Lot 2 from the easternmost drive of 11 th street. In regard to adverse impact or harm to the public interest, the proposed lot split leaves three parcels short of the required lot width and area but is generally consistent with the established development pattern in similar areas and is consistent with many corner parcels in the immediate area of the City. It is felt by staff that the ability to have three individual lots with 3 dwelling units versus one lot with 4 dwelling unitsis beneficial to the public interest in that the salability issues would no longer be burdensome and that issues associated with density will be reduced. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance request to divide the existing lot into three with frontages between 49.13 feet to 51 feet and with lot area ranging from 4,925 to 5,112 sq. ft. with the following conditions: (a) Two-family residence located at 44 W 11th Avenue is converted to a single- family residence. Driveway located between 44 & 50 W 11 th Avenue is removed. (b) CITY OF OSHKosH APPLICATION FOR VARIANCE Return to: Depar1meut of Commuuity Developmeut 215 Churcb Ave. P.O. Box 1130 Osbkœh, WI 54903-1130 Please Tv,,", or Priut in BLACK INK Please write legiJ:>lywith J:>lack ink and also suJ:>mit 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. Addrèss orPareel Affected: 44 & 50 W 11th & 1016 Nebraska Oshkosh Petitioner: Victor Page Hoine Phone: (920)685-2286 Petitioner's Address: "115 Birch 5t Work Phone: Signature Required: 1/~ Pa¡t Date: 3-05-06 Owner (U l1otpetitioner): Home Phone: Owner's Address: Work Phone: Signature Required: '2-:' < ~ ~ 'J1 D? In order to be grante4 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 all ull11ccessary hardship rests upoI1 the applicant. The attached sheet provides infonnatiol1 on what collStitutes a hardship. (Attach additional sheets, if IICCCSsary, to provide the information requested. Additional il1fonnation may be requested as needed.) I. Explain your proposed plans and why you are reqnesting a variance: Divide the parcel.so each.house has its own lot and can be sold to individual home owners. I have a buyer for the duplex that would tum.1t back into a single. Date: family home. 2. Describe how the variance would not have an adverse effect on snrrounding properties: Reducing the number of families from 4 to 3. Also more residents is in the best Interest of the city and of the (Continued on Reverse Side) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: I have three houses on one parcel of land. 4. Describe the hardship that would. result if your variance. were not granted: The parcel would remain congested with four families. Also three families would not have the opportunity to own an afforable home. With variance homes would become more valuable permitting more investment in renovation 1) 2) 3) FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS WITH MAn.ING ADDRESSES 4) f/J!3/ ~ Itfl.»";;--L;'<> ;:( --t: i!./ ~ó-~'l ~~~ ¡)¡ I /07':¿ '1'1.~ ~ J ¿klJÞ .fldß.) / " h: -5.lj f¡J I . ~ tl¿~ 7) /fóAf4 Cf1id~{ d"MJ (':;6 lU, /6'fl,) J.J~p.-JJ s2f'!/JI-!- 9()73 fI"L~ ~ ~ '(Þ'"tf/ctýn/ x'iA4 -'II ¿J, /ð":i O/~ ¡(J¿Dhfn ,5".J/ Qo2 -~oo~j /1~ cþ L.a~ ~r / -'/6 ¿¿) i / 1'fI. t1LJ..e ~wLJ #C¡o:L~ (cO//) ~ß~ "II ¡j / ¡'tfi (]/).f, r1J~l) .s-'lC¡():2 -!aoo9 5) 6) r, f/~ ,..l;Ùl~ -'/9 V), 11rf. I2lLf'i /J~~~ .5-1rlJ;) - /,,000; ~~Af/ ~ IN §), 1/":1 tl//£ ât..Lt~ dflJ/J.. -i>oll 8) '7J1o"'i- ikMIM/JAuff 4/ f!d¿¡ih 1 ¿¡ L 1//, II ":f tJ//-& 4Ed/ .s1ðfð:J,. -(ßO/¿' 9) fr/~/.-'f. .d,~ -'/1/.de IdM~ xW- ,WtJ (10/<7 ~ ß) ¿J4-¡{/,;,ð-d-éi / .5 -'l9ó c/ 10) ('y,,;/?J /.Jzu;~. ~-I,:]., :) ~d -d.:/'. (1M 7 ~./;:f) <...fJ&Au.t-tJ I L>:./ bJ.S 5'-'/9'5;;) - 3/1 b IV. ~r:j4~:~~~(:::da P.) (J.r1.iJ?u..// ,5"49;:1.1. - &/.1// CERTIFIED SURVEY MAP NO. ------ ALL OF LOTS 12 AND 13 OF BLOCK 21 OF THE"PLAT OF THE ORIGINAL TII1RD WARD", PER LEACH'S MAP OF 1894, IN THE THIRD WARD, SECTION 25, TOWNßH1P 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WlNNEBMO COUNTY. WISCONSIN. I -& NORTHWEST CORNER \ I SECTION 25, f1BN R 6E P.K. NAIL FOUND I 1 1 : I I I 1 I 1 I I I 1 I I I . 1 I I I 1 1 I'" I~ 1 1 ':21 ~I ~I ~I ~~ - I I I I I I ----' S B9""2D" E 5;1.17' 4 WEST 1/4 CORNER SECTION 25, f1BN R16E P.K. NAIL FOUND Çt E-<i "",I ""': ~i wi S 89'11'20' E 100,13' 00.13 ~ <:i ~ ~i ~! p=<i ¡:QI "",i Zi a 15 ." ~ ~ '" LOT 1 LOT 2 ¡" S,I1ZSQ.FT.. ',"'SQ. FT. ~ ~ "G' ~ ~ ~ tj '" '" HOUSE ' ~ 3] ~I 1 ~LJ 51.00' 49.13' N 89'11'20 W 100.13' 51.00' 49.13' ----------. WEST L!J:!l. A~~!,!Q~- SURVEY FOR, VICTOR PAGE 115 81RCH OMRO. WI 54963 r------------------------ I I I I I Martenson & Eisele, Inc. . 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