HomeMy WebLinkAboutMinutes 12/17/1980
~
.W"
BOARD OF ZONING APPEALS MINUTES
WEDNESDAY, DECEMBER 17, 1980
3:30 P.M.
MEMBERS PRESENT: Oliver LaLond, George Last, J.e. Batzner, Ann
Hintz, and Norman Miller
STAFF PRESENT: Phil Rosenquist, Associate Planner
Nancy J. Pickard, Recording Secretary
The board members met at 232 E. Parkway at 3:00 p.m. on December 17th
to review the area firsthand.
The meeting was called to order at 3:30 P.M. and the roll call was
taken. There was a quorum of five members present. The minutes of
the meeting of December 3, 1980 were approved.
I. Appeal of Russ Young, Inc, agent for Luvern Kienast, owner of
Z32 I:~~. (R-2 Zone) proposes to build a duplex on this
~~r~-whereas a 45' wide lot is required for a duplex.
Mr. Rosenquist explained that the parking on the revised plot plan
shows the parking too close to the west property line. The normal
setback from a side property line would be 7 1/2' for an R-2zone.
However, because this lot is only 40' wide,' this setback can be
reduced to 10% of the lot width, or 4'. Therefore, the parking
stalls should be moved at least 4' from the west property line.
This should not create a problem with the parking or manuevering.
He also stated that if Mr. Young preferred, he could also move the
duplex within 4' of the west property line.
Mr. LaLond asked if there was any correspondence from Mrs. Hobbs,
the owner of the property to the east of Mr. Kienast's property.
Mr. Young said that he has not heard from her. He stated that the
letter he had sent the board members releas~ng any claim to a joint
driveway was from the property owner to the west. He had mistakenly
taken it to be a release from Mrs. Nettie Hobbs, the owner of Lot 23.
/ However, he stated that there would be no problem with Mrs. Hobbs
using part of his driveway, whether or not she has a recorded easement
against his property.
Mr. Last asked what Mr. Young felt the taxes would be on this piece
of property if this duplex were built.
Mr. Young said that he would guess that they would be about $800 to $900.
They would be only about $40 or $50 on the vacant parcel. He also stated
that if he cannot put a duplex on this property, he will not purchase
it, because he does not feel a single family home would be very desirable
in this older neighborhood.
-1-
'..
V'
Board of Zoning Appeals Minutes
December 17, 1980 Meeting
Page Two
Mrs. Hintz asked if a single family home would require a variance
in order to be built on this lot.
Mr. Rosenquist said that it would not, since it is a lot of record
at the time of the passage of the Ordinance.
Mrs. Hintz asked if the large tree would have to be taken down for
the parking stalls.
Mr. Young said that the tree will remain.
Mrs. Hintz asked if Mr. Young would be bound by exactly what is
on this plat plan, if this variance is apprbved. Especially, since
he has the option of moving the home closer to the west property
line.
Mr. Rosenquist said that he can move the home within the legal limits.
Mr. Young said that he would rather have more than la' on the
driveway side, because there would be more room for snow. He stated
that he could move the home 6' from the west side property line,
leaving 12' on the east side, as this would center the home nicely.
Mrs. Hintz moved that the variance request be approved.
Mr. Last second the motion.
,
Mr. LaLond moved that an amendment be added to the motion requiring
that the home be moved 6' from the west property line, and that the
owner of 232 E. Parkway be required to graDt the owner of adjacent
Lot 23 the right to use jointly the driveway to be located on the
east side of the property, and that this agreement be recorded on the
Deed to 232 E. Parkway.
Mr. Last seconded the amendment to the motion.
Mr. Miller stated that the board members should also consider snow
removal. Mr. Last said that the snow would probably be put on the
rear of the lot.
The roll call was taken and the amendment to the motion was approved 4-1.
The original motion was denied 3(yes) ... 2Cno). The appeal was denied.
Mr. Young stated that he did not understand why this request was denied.
Mr. Batzner said that this is a 40' wide lot for a duplex~
Mr. Miller explained that there is a rule that the board does not have
to give a reason for their vote.
Mr. Batzner said that because this was discussed at length and had been
before the board at their last meeting, he felt an explanation should
be given. He said that he did not feel a 40' wide lot should be used
for a duplex.
-2-
~ ,..
,'~
Board of Zoning Appeals Minutes
December 17, 1980 Meeting
Page Three
OLD BUSINESS
Mr. Miller stated that additional shrubs had been planted along the
University of Wisconsin-Oshkosh parking lot located on Elmwood and
Vine Streets.
Mrs. Hintz stated that Mr. Balliett from the University had been
surprised at the Board meeting on May 21, 1980, when he was informed
that there were neighbors who were not satisfied with the landscaping
they had done around this parking lot. They had provided a wider
area of green space, thinking that this would please the neighbors
more than shrubbery.
Mr. Miller stated that the University had agreed to provide shrubs
along both the Elmwood and Vine property lines. However, they have
made some vast improvements on this property, and he stated that he
now felt they had met their obligations.
Mr. Rosenquist stated that he had spoken with the City Attorney about
the definition of a front yard, with regard to parking in the front
yard. The Attorney is of the opinion that a person could blacktop
their entire front yard, as long as the' parking stalls themselves are
not located within the 25' setback area. The Planning staff is
considering the possibility of changing the wording of the ordinance.
Mr. LaLond said that he felt the wording should be changed so that
parking cannot be allowed in the front yard.
Mr. Miller said that Ripon is in the process of making a study of their
Zoning Board. Appleton is receiving a lot of complaints from the
citizens and Council on parking in the front yard and flashing signs.
Mr. Rosenquist stated that Rick Mattheis, Housing Inspector? has issued
two more tickets for parking in the front yard, and has spoken to the
owner, James Bilderback, of 1916 Crane. The owner has said that he
will discontinue parking in the front yard setback. However, if this
continues, it will be referred to the City Attorney's Office.
The meeting was adjourned at 4:04 p.m.
ReSP~l~/d' _
PHIL ROS (QUIST, /' /
Associa e p}1nner
njp
-3_