Loading...
HomeMy WebLinkAboutLetter (denied) - 3/20/2007 ON"OU WATSl 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 ommunity Development e.;L '~"'<"":.'h;" . ",:.>>. OJHKOfH Darryn Burich Director PI nning Services Division March 20, 2007 Mr. Gregory R. Kargus 819 Oregon Street Oshkosh, VVI 54902 R~9W'WiScortsilFStreel~ .,j-n'w~illlill~_'l!i!j: Dear Mr. Kargus: On March 14, 2007 the City of Oshkosh Board of Appeals denied your request for mult pIe variances to permit the creation of a new single-family dwelling at the above referenced address. The decision of the Board was filed in the Planning Office of the Department ofComm 'ty Development on March 15,2007. Section 30-6(C)(1) and (2) ofthe City of Oshkosh Zoning Ordinanc allows the same variance request to be heard 3 times in any 12-month period. If this is the first or seco d time you have requested this variance within 12 months, you may re-apply if you wish. If your variance request has been denied 3 times within a 12-month period, but you feel there has been a change in the circumstances affecting your request, you may submit a request for an a ditional hearing stating the changes which have occurred. The Board will review this request, and if three Board members feel there is sufficient change in circumstances to warrant an additional hearing, then yo may re-submit your variance request through the normal procedure. You may call me at (920) 236-5057 if you have any questions. Todd ehrer Associate Planner/Zoning Administrator TMM/dff cc: Inspection Services Division, City Hall ON TME WATEA City of Oshkosh Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh,VVI54903-1130 (920) 236-5059 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us Jackson R. Kinney Director Dept. of Com unity Development .'if .,,"....."".'. ,,,,,:tfYt' OJHKOJH Darryn Burich Director Plann ng Services Division BOARD OF APPEALS AGENDA MARCH 14, 2007 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, MARC 14, 2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda ROLL CALL APPROVAL OF FEBRUARY 14,2007 MINUTES I. 908 WISCONSIN STREET Gregory R. Kargus-applicant, Kargus Properties LLC-owner, request multiple vana ces to permit the creation of a new single-family dwelling with a two space off street parking area. II. 516 W. SIXTH AVENUE Pat O'Neill, Andy & Art Dumke-applicants, 522 W. 6th Avenue LLC-owner,request v iances to permit a parking lot with a 19' front yard setback, an 8' rear yard setback, and side yard setbacks of 0' (west) and 8' (east). Section 30-19 (B)(2) of the Oshkosh Ml.micipal Code: R-2 Two Family Residenc District requires a 25' front yard setback and a 10' side yard (west) setback. Additionally, section 30-35 (B (1) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires a 19'2" transitional bu fer side yard (east) setback and a 25'transitional buffer rear yard'setback. OTHER BUSINESS Discussion of BOA procedures ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION T (920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY ST AFF REPORT BOARD OF PPEALS MARCH 14, 007 ITEM I: 908 WISCONSIN STREET GENERAL DESCRIPTION AND BACKGROUND Gregory R. Kargus-applicant, Kargus Properties LLC-owner, request multipl variances to permit the creation of a new single-family dwelling with a two space off str et parking area. The following variance requests are related to the proposed new single-family welling: Required (Section 30-19 (B)(3)) I) 25' front yard setback II) 25' rear yard setback III) 7Y2'side yard setback Pro osed 9' front yar setback 3' rear yar setback 3' side yar setback The following variance requests are related to the proposed two space off str et parking area: Required (Section 30-36 (C)(5)) I) 25' front yard setback II) 25' rear yard setback III) 71h' side yard setback IV) 12' maximum driveway width Pro osed 21' front y rd setback 3' rear yar setback 3' side yar setback 15' drivew y width Pro osed Existing c in link fence Required (Section 30-35 (1)(2)) V) Solid fence, solid wall or dense fencing hedge/evergreen shrub border at least 5' high along all lot lines abutting a residential district, except in the required front yard setback The subject 0.05 acre (approx. 2,250 sq. ft.) property is zoned R-2 Two Famil Residence District and is in a Planned Development (PD) Overlay District. The R-2 PD esignation for the overall area was established in 2001 (Resolution 01-58) as a result f a petition submitted by area residents. Prior to the downzoning, a majority of the area was zoned R-5 Multiple Dwelling District (see attached). Generally speaking, the area was developed prior to the Zoning Ordinance originally as a single-family neighborhood. However, over time, the homes were converte to student rentals that were not designed for multi-family density. The parcel is re tangular in shape (54' x 42') and the general area can be characterized as high density res dential. ANAL YSIS In reviewing a variance request, the following questions should be add res ed: When considering an area variance, the question of whether unnecessary har ship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, fron age, height, bulk or density would unreasonably prevent the owner from us' g STAFF REPORT ITEM I -2- BOARD OF PPEALS MARCH 14, 007 the property for a permitted purpose or would render conformity with s ch restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property, which crea e a hardship? Will granting of a variance result in harm to the public interest? The applicant is requesting numerous variances from the Zoning Ordinance t allow the development of a new four bedroom, single-family dwelling with an unco ered two space off street parking area on a substandard lot. Per the applicant, the new d elling will be a 1,500 sq. ft. bi-level structure upon completion. The previous 50+ year-ol dwelling was destroyed by fire on 02/07/07. According to City of Oshkosh Assessor's ffice, the previous legal nonconforming 1 lIz story structure included 1,278 sq. ft. of t al area,S bedrooms, and 2 full baths. According to the applicant, the variance requests will not have an adverse effect on surrounding properties because the new house will be constructed within t e existing footprint of the burned structure and several structures of similar design e located within the neighborhood. Additionally, the application states the new struct re will be setback further than the previously existing structure. The applicant also stat s since an alley lies directly to the north and a parking lot lies to the east of the subject pr perty, the new structure will not be located close to any structures. In the applicant's opinion, the special conditions rel<;tted to the subject lot t at do not apply to surrounding lots are its small dimensions, which limit the buildable area. The applicant believes hardships will be imposed if the variances were not grant d because the lot would be un-buildable and the remaining vacant lot would have no v lue on its own. Despite the recent and unfortunate circumstances surrounding the property, se eral issues are involved when attempting to re-establish a dwelling unit on a grossly subst dard lot. Foremost, the diminutive nature of the lot is best evidenced from the fact that 8 separate variances are required for the proposed new development to be authorize . Such a voluminous amount of requests indicates the lot is severely limited in space nd proper planning practices cannot be effectively implemented. Additionally, past historical use of the property and its proximity to the U 'versity of Wisconsin-Oshkosh campus signify the proposed home will likely be utilized or student housing. If this occurs, it is reasonable to believe parking difficulties will dev lop on the property and exacerbate the campus area parking problems. The likelihood f parking problems is based on the fact that although no formal floor plans have been submitted, discussions with the applicant indicate the structure will contain four bedrooms. Therefore, the dwelling could potentially be rented to four separate students with four separate vehicles. Since the home is a single-family dwelling, the Code only r quires two parking spaces. In reality, however, four spaces may be needed to practi ally serve student housing. If/when four vehicles are present on-site; two of the vehicle would be parked in the driveway of the property in a stacked manner. This would requi e constant rearrangement of vehicles on-site or would invite the possibility of cars par ing in the front yard area to allow for convenient ingress/egress to the property's code compliant parking spaces. On-street parking is also limited as none is allowed on the ast side of Wisconsin Street. STAFF REPORT ITEM I -3- BOARD OF MARCH 14, Another concern with the proposal is the large proportion of impervious surfa e that will exist on the property. The severely reduced setbacks on the property, couple with the new paved/asphalted driveway and off-street parking area (that would be r quired by Code if approved), and internal sidewalks limit available open space for snow removal/storage and infiltration of storm water. Limited on-site open space a d reduced yard areas will reduce leisure and recreational opportunities for residents as we 1. Aesthetic and design concerns are present as well. Since no formal plans submitted, details such as orientation of the house to the street, primary/secon to and from the dwelling unit, and internal sidewalks remain open-ended at his point. Conversations with the applicant indicate the front of the house will face to the south (which the previous structure did as well). Under this configuration, the s de of the dwelling unit would be the primary elevation visible to the public. While required setbacks effectively make the lot un-buildable, the vaca t lot still possesses value.. .8.lthough the subject lot would not be able to maximize im rovement value, the land itself still possesses contributory value and could be sold t adjacent property owners. Under this scenario, the property could be used as a rear ya d area for open space, garage, and/or accessory structure purposes. It should also be noted that when analyzing the rest of the block, the remaining properties are either 42 or 43 feet wide by 136 feet deep. While city records do not ind'catewhen the subject parcel was split, it is clear the original intent of the platting of this rea was to create uniform lot dimensions. The ~ubject lot and its subsequent divisio from the parent parcel has created a disruptive flow to the neighborhood character and reated an . un-buildable nonconforming lot. Finally, this is a classic example of a nonconforming structure constructed p ior to the effective date of the Zoning Ordinance that cannot meet current district standards. Therefore, when events like this occur, no matter how unfortunate, it is an opp rtunity to bring the affected nonconforming property into a conforming (or more confo ing) state with current ordinance standards. Every property owner with a nonconformi g lot runs the risk of similar incidents occurring and losing the investment potential. However, financial hardship is not a deciding factor when granting variances. Moreover, the public interest is best served by enforcing current districts standards The City of Oshkosh has reinforced this policy in its Near East Neighbor ood Plan, which was established to address similar circumstances where infill pro' ects were inappropriately designed and scaled. The following is from the "Land Use a d Zoning Recommendations" section: "Whether parcels are vacant or contain structures, if they are so substandard in size that there is insufficient area for a structure, compliant p rking and recreation, they should be acquired, cleared if necessary, and combined wi abutting parcels to create viable lots. Substandard lots and lots with awkward con 19urations would be disposed of to one or more abutting property owners on a case by ca e basis as the dimension and shape of the subject lot relate to the dimension and shapes f abutting properties. " STAFF REPORT ITEM I -4- BOARD OF PPEALS MARCH 14, 007 RECOMMENDATION Based on the information provided within this report, staff recommends de ial of the variances requested. ---. CARRIED (.0-0 LOST LAID OVER ) JANUARY 23, 2001 01-58 INITIATED BY: GRANT CONDITIONAL USE PERMIT; APPROVE P NNED DEVELOPMENT - WISCONSIN STREET/NEW YORK AVENUE! IRVING AVENUE/DIVISION STREET AREA DEPARTMENT OF COMMUNITY DEVELOPMENT PURPOSE: ..:- '. PLAN COMMISSION RECOMMENDATION: Approved w/conditions . . BE IT RESOLVED by the Common Council of the City of 0 hkosh that a conditional use permit is hereby granted to set forth parameterS. r a planned development of the area encompassed by W. New York Ave./Wisconsin t./Jackson 5t. and Scott St. on the north, Division 5t. on the east, Irving Ave. on t e south, and Wisconsin 8t. on the west, as shown on the attached "Exhibit A", wit the following conditions: 1) Existing legal conforming multiple family uses would be co sidered legal conforming uses within the Planned Development Overlay District. If a existing legal. conforming multiple family structure is damaged by fire, explosion, act of God or the public enemy, to any extent less than 50% of its assessed value at the ti e of damage, the multiple family structure may be replaced in. accordance with a plicable code regulations. . 2) Existing legal conforming commercial uses would be considered Ie al conforming uses within the Planned Development Overlay District. If an existing Ie al conforming commercial structure is damaged by fire, explosion, act of God or the p blic enemy, to an extent less than 50% of its assessed value at the time of damage, t e commercial structure may be replaced in accordance with applicable code regulati,on . 3) Any new multiple family structures or an .expansion to existing multiple family structures not be permitted unless a specific development plan is broug tforward and found acceptable by the Plan Commission and Commoo.Council thro gh the review and approval process established for development in Planned Develo ment Overlay Districts. The expansion or construction of parking ties that serve existing multiple family structures would be considered an expansion that would be subject to re iew. 5 JANUARY 23, 2001 01-58 ESOLUTION CONTD 4) For new one or two family structures, or proposed additions to one or two family structures, or for proposed garages and other accessory structures includi g fences, no Plan Commission and Council review and approval is required so long as ection 30-35 Additional Standards and Exceptions and the base standards of the R 2 district are complied with for one and two family structures. This would include mi or alterations and building modifications needed to address specific building and ousing code violations as long as the modification is the minimum needed to correct th violation. BE IT FURTHER RESOLVED that the Common Council of the Ci of Oshkosh hereby approves of the Planned District Overlay for the areas as shown 0 the attached "Exhibit A" being rezoned to R-2 Two Family with a Planned Development verlay. 6 _':I!r.2~: ~~~. ~/j i~=i=n~ ",":nuu;, :-- !It~l-fl ..:' :. .. _. ..!_~. V /.. L 11----, I' 1 I 1 " I I I : 1.1- I I !~ ~ . ..,; ! '{. ~ \- ---t I 1 I ! I . .. . . I I. I:! 112 - ~ __ _... n ". ! I.t_~.,,,,_,..i-'_i_,-,...enl! - ..~ -- n I ~ n \) SAlATOOAAVE. .! !! ,en'tl I --I ~! l.r-bt1' ~,:'t ,'. ,fi---:"i !t ~. l.-_ 0'-- ! _ .__" y'(' q..:<r :_ ."'TiT!"i' :: ~ f ;~ :I-'..;~ ~ - '" ~o ~~,~~I~...L~fj~'J/~~.+ ~.I / /' JROSP~ " / / .I Q...;t1" '" AVE. 9 :- ! -;~...;"-"!l ~L ./11/11/ /.Llll'"rY ~1.-.J"(O~i;I1-~r-::...... !...I'.'/: i1~'~ . . ._-.. t"i/""-: z lY /. I~ f) Y' :04 ~ . !.I I : ~; .. '-J boJ '"'7 ./ I. tit 11/.- .. A 0 !.~ ,'t -- Y ~ l: ""H ~ J .A.~ i I-- a ! I i ~ : . .....- . _':'~ 1./ / 3! X t""", / t , I i fn '-:-- ;.:-.- r I 1 I !I r -",02;4] A -, 111 If t (Ji! 1_ ..I.~!I ~ ,,"-.: ~..'il &/ /X V v/'~V~ ~I-I. .. - :a.~. · I'" ~ =, ' a : f;. : ~ i :-..-....~-e.~I.III. ~ /~ IV/~ if'" ./'\ ""r!.- ..1-" I-~. ~ · 'l~ ~~. Utll\ ~ I~' . .!-. ' . 'j ~ 7' ~!V V ' ~ V a ffi ~ ~ \' I f;; ~ ~;Tr~\:~ 1 ;''' V',.~~~ ~/ ,.. ./~~ " ~ ;:j. ~ _J. i ~ \ · ~, :,' ,-~:.:::L.'J .,.... 'I'~ - ii".:. ;/" )"':. -... · - - - - - · - "I!:::J ,--.--J . I ./ ;lyr ~ J / /. .' I)~ '.IL'. ,. . -_.~._~ ~ '...... -I~ .,.......~. ~.. tt~ .~.,.....I"JlI"'....."'~ I~ L I q . = I .. . - . q" I ~.....- -- IJjII"'.. _. . '.... !ii <1 l \ I..~ .1 J::J! ~~ ...' ~;;)~;,1~~.~:?~.~. .. I · . I.' _ .. _ ..__ L:.. . ./ - ./ ~ ~ ,. .v, . t. OI!'" ~..".. ~ u ..' a I S'I"El\I.; 1: I r , t=t- 1./ ../ I , . ". ~'..,. ~ ....oIl 1':'.' I,] I' .-- is; '11,'--'---;- I~, 7 ~ ... I 1...A/..L~'J"~:~r...~ " ",.I~..I',.~,...I " II I I L _. __. _./".. _ ..I..&!!..' :.~,..: ail .... il7' .'/~ . .~..;e '.~ I'Y~ .A.:I] II \' R It: ' JI ~~; Il. ~r-p ~ ~,., .,: .:1: ,..' ~'. 'i'. r.' . .'~ ;~l' I - r ....,.-! " -..J 1 -/ ~ ~ I' . ". ...~~;...I.~ :,':"'~.,~. .:., ,,':-I,~,""'fl iii~- ! ,,' I,.; ./" a.' .=:-;.. ....,. ',' ~ "'~..' '" ,. 1 I 1\ \ .;-,'icn'I'- ", /' 11../ .':::.2. C' . r! I',t.:;. :-".":: ....... II! . ..:,' ,., 11"-:._' . . ' "/~ j:~ . z --., .A ~I.",,' .' 'L~-/' .:,'~ .' ((/'h ~ '." . <'.'1 ~., ~l I!. __ ~I /' "". ~.. l,jjlI'"' I ~.;,~ '.... 'JI'./ 7,.., ",",,/.~ ~ ~ ~ ':' ~"" , ;~ .:.- '~JI~ JIJ V.,.. J~. ,.~ ~ ,~~ L:' . .....'.n ~~ ~?~ { : ~:; "~' '(' --1' ., IT \ ..... v ~ . ~ "Y" ~ "II~'~' . V"i~ ~,'~' ~~ iV.~..?:\;1 .~ ~/.J ,--!. L , I . ~ "". ~ .' .' Illjl"', , .' ~ v.r... v; I'd\' ~~r.V::/. W. ., I E .., ~.. ! ~ ":... .. ~ .... .. I.. . /.' yt:... JI..-t ..'~' IW ,- '. . , . . . -- /' / . .',...../ ./.., , ,"'~'~~~~'~:r.~.t~ J~~?~~:~ 1- i- ~tl ! I I:. ~ -\--11 ~ -~- ." ~ ': ~~.., /f, .;: ~. ,.~;~ ,.~'..; ...;' ~ ';';~/ '/ . .'. ,i'i ., _j ,~ Vl l...... !..... .,.11":..," r-;."" ..~fi . ~ ~ ". I, I I I io . Ill"'" .';' "'"1" '(!.aI";. '~I...'. .>~ 'L:/ ' //;:'! '." ~/.'.l z~.;.~. ~ ~~..... . _Ii ~ ~I-:J ./0' lI.ol!_/1 ..' I'J',' "p;.. '!o '., .,- '.i '.'.'.' . ' ~ ,,'~ '. . V;' .". I >- I IY ,:' ' ~ .,.:/ ....:,.i, .J', '...,A 'tr. /. "'1'-'1'''' .. rr:". ~ \1 I .r.' IlO ~. ,..' I!I!'" '. ~ ~....'. """.' '...~,. .,.,.". . ,. .....'.. - I .! I 1 Y - 7 ~ ~ ......~...,. ~ r::A~":;f. ~' '7": .'.'. ~... ~ f J10 \. , 1-.../ -;t . . i;"'" 'l.~ ';':,;' ~ . .>:.'. '0 ~;.' !.~.~ . < :f. ','S' · -. y v, l/ t. A ~ ~~ ~p~ -~ .:.' ~ v.I:'.i'" "-"~'''- 1/ ft U. I :t I \ ill I..u :-. ,. . I...... 1)1 Li'....~ .'. ,.... ~ ___IJ . I . v."" ..LIL, r: ~ .' I: .~'. 10'" ~ .~ -~ ~Jf'7 ~ ~ . -...--= ~ , . ~~r L'I~V~(."7 ...:r. ':"~I:....lI:.,,,:~_,,'~l/..I/~'.."I'."""~."<~?1.., J~I-:'" ~ \. _ .. _ _ _ .......... \..if.f-.1oI"'" I~_ _.,~.f<' _ -::-_ ~,r'!""I' I", !'.I'.i 1llI',.Y if I'- I~~ it) \"\" \~\:.il '\ : ". :n--\.~ .;--{ "7-tJ; -~ ~I r'~ ~ . .. I' I._ Ii ...i \!= N A . ~ t; t ! , - ._..~_.- --~i ~ .i!----.... ._~ I~ . ~ '---;j ~ ' !~ -, ... ~ .. .'-:J !..:.:. . ='1 ". DlSCtAlMER Wisconsin/New York/Irving/ Division Area Rezoning. City of Oshkosh Wisconsin Community Development 100 0 100 Feet ~-~ OJ1- KOJH This map is neither a ~aUy nconled map nor a sUn'ey and It is not iatended to be used U ooc. This drawi~ is a compilation o( records. data and inCormation located io various city, counlY and state offices and otber sources a(rccti~ .#.i. the arnshowllanti it is to be used (or rderence 1 ". pUflIOSCS only. The City o( Oshkosh is not rr- I . sponsible (or any inaccuracies herein conlllined. I Udiscrcpcncics a~ (ound. please conUd the , City o(Oshkosn. OM OlE. WATER cm~by.MT H/07/2{ 7 Please Type or Print in BLACK INK ~ Return to: Department of Comml nity Development QfH<QIR 215 Ch rch Ave. ON THE WATER P.O.BI X 1130 Oshkos h, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete reproducible site plan (maximum size 11" x 17"). (A complete site p an includes, but is not limited to, all structures, lot lines and streets with distances to each.) Please refer to the fee schedu e for appropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the l pplication is submitted. Address of Parcel Affected: 908 Wisconsin Street Oshkosh, WI 54901 Petitioner:Gregory R. Kargus (Kargus Properties LLC) Home Phone: 920-2 33-5272 Petitioner's Address: 819 Oregon Stree~ Oshkqsh, WI 54902 Work Phone: 920-2 31-0526 Signature Required: vt '~/~A -. Date: 2/12/07 OWner(ifnot&:~;: ()~ / 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 hardshi ? would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applical 1. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to pro ide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: The structure located at 908 Wisconsin Street was destroyed by fi e on 2/7/07. The site measures 54' x 42' which is a substandard size lot. I am requesting a variance for front, side and rear setbacks, due to the small si e of the lot, so that a new residential structure can be constructed on the lot The proposed new house structure will measure 25 I x 30'. The requested setback would be 9 feet from the front yard, 3 feet side yard on the north side anc a 3 feet rear yard (east). ~ -. r{\. ~I\ 8 ~() 2. Describe how the variance would not have an adverse effect on surrounding propert es: The new house will be constructed within the existing foot print Df the burned structure. The new structure will be further from the exis ving structures setbacks. The design of the new structure will be a bi -level sinale famil v dwelling. Several structures of similar design are ocated within the neighborhood. An alley lies directly to the north of t he subject and a parking lot lies to the east so the new structure will not be located close to anv structure. 3. Describe the special conditions that apply to your lot or structure that do not apply t surrounding lots 0 structures: The existing lot is smaller than any other lots in the neighborho od. The small size of this lot seriouslv limits the buildable area of the lot. ~-- - - 4. Describe the hardship that would result if your variance were not granted: Without a variance for relief from the setback requirements the 1 Jt is unbuildable. The granting of the variance will improve the setbac situation that is currently present. Without a variance the remaining vacan L.. lot has no value. 9 r ~~ '" ~ , L{} ,EYU !/~l !;l.{' ;).11 Ii,s' , 10 }O/ ;).1 t I jt ~ 1J) (t "t ~ It ISf ~ 't. ' '7 j-;) ,50' Us:.('gi1..I./~ r:r SUBMIIIED BYAPPUCANT Jj 10 N ./ 'El\.o po..c fj) !;Lt' .~ "'" \- ~ 3' -') ~ ~ T T -"r ~ ;- t>rb"os~~ IV <L.. v..,) \.\ou.&e.- . S-\t"t.>.C..+u.r~ (f500.q-\"t) , i ;)..51 9' 'So' ~"---1 ~ q' 'J.t ~ii-rk"f'J ~r-~ \ ?t'l"k;l <7P'.':' ~ Xx- K X 5~ H - -- - "-- -.-. ~ _ ._._______ Dr:Vi?-uJ~\7 !:.tlt\.b C-.<.A l- {IS' tJ1 ~ r.(!)~i~/i1 S.1 SUBMllTED BY APPLICANT I 1..(2 CJ1t\j "\ L I "t (<::. X'~ f-+,V',(\\I\({ 11 BOA 908 WISCONSIN ST MARCH 14, 2007 NICOLET INVESTMENTS OF OSHKOSH LLP 3389 COUNTY ROAD A OSHKOSH WI 54901 1414 PERTIES LLC LLARD AVE WI 54901 KARGUS PROPERTIES LLC 2934 SHOREWOOD DR OSHKOSH WI 54901 1650 DELTA CHI FRAT INC 254 N MEADOWBREEZE CT APPLETON WI 54915 5503 KARGUS PROPERTIES LLC 819 OR GON ST OSHKOS WI 54902 STANG LAURA L 905 WISCONSIN ST OSHKOSH WI 54901 3681 SULLIVAN RENTALS LLC 411 HOUSTON ST RIPON WI 54971 12 1~U.U' I 0 0 (9 0 0 I- '<1'. '<I' C/) - ~ a:: ..- z '<I' . --...-. .,~ . .,.__._~.- 120.0' S - C/) Z '<I' 0 43.0' 43.0' 0 f..- C/) ..- - <i <0 S 0 <0 C') SUBJECT SITE SCOT I 10 o N 60.0' 54.75' 114. 75~ _ _ ~~~O~__ .d' --'147.38' This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. 908 Wisconsin St DISCLAIMER OJHKOfH Scale: 1" = 60' ON THE WATER City of Oshkosh Department of Community Development Created by - kjg February 13, 2007 13 -1(~ R-~'I, I ~ == ~ L - 1--n--11~ H~f~ ~=tll tjRj \ ~ ~ ~ ~~ ~~ BWt~ ~ ~ ~ Cll=_ - ~ =-/,,10]- J )__ I~ ~ ~ -C- == f-:tJ.\\~1 f- - ~ ~ h - = 'I. ~_ H D= r=.-f= =:J' - == 1-1- '= = . ~ =:: 7"" - - - --D... .:; ~ ~ l~ ~~ ? ~~ ~~~ ;= ~ ~ \" H~ -r~j:=ir~ I. 1 - - 1:'\ ~ ~,.- - ~ r----r-h ~ ,," I T ujll \-H -(~. . I t~ II Ir- ~ tI II t;) 1 ~_ s~ ~Ji:M~ ~~ ~r1 ~~III ~'T 'I HH rT-~ "1-1- -j'11 ill L .J--1~ == ~~r-'- I 111 =--11 ~ = =G -111, I ~_~ \ ,hi ny-j ~ f\1 ".. ^ = ~ - i I I ~~~.!T'~lff ~mi:: ~-,--~ ~;~~I DH~'" ~~~. I . IIIH r 1 t CJ-== s= =~ =-; ~ ~ L.~ ~~ W SUB.)E9;' ~ "'- if L.~ J:F ~i :; -JI= ~ ~ - ~ ~~. ~._ ,.-- -::i= '* i-!Jl: - "'''~ = "' b.rn 6t1Wrl'l-lt')J,,", J\L{!f'! J~ ~ :=b: ~ ~~ ~ ::: _ _ i" "=:::: II I r- =:II =1:;= .t_ ~= ~Z ::i J_IT: ~ Iii," ..:::: - -_ LLL ~ :=J. r: 2 __ 1 ~ ~ =~ ~ t =l == ~~ it \-JIlIID W I RiVf N \.PI ~~ rt-H== =~ ~ 9: [f~ 1 IT _ ... = ~tl1fttLl -,- r-fLr--1I J == = ~ -1 f-- ~- =~ '== _ ~ _ J. LE /f\", i"I'lt SII A\~, c- -- -~ - --f"=- == - ...., -= -f-- c--_ 'JJ - - -f-- 0 W 'W'. _ L J ~ -- _f- .~, ~ L...ll . j '"'-'- e---:;;z:... - - -f-- ~ ..L llJ 1\11 U 1\1 64. \J = . ~ ~ t:- i J, _:.;". - _ "" '"tiT I'" l , ...... '-- -' - - ~ Ll..:l-... -l--' <I - --' tr- ~ ft/!)~ ~ -~~FR~= ~ , "' rY/~ ~<.. ~ -~_ EEEWOhil z t: T~ ~cP~ ~~ ~~"'~~K E9n ~~- ~ - - L ~ V ~ "- ~ ~ ~I 11 8tS~ DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not reo sponsible for any inaccuracies herein contained. If discrepencles are found, please contact the City of Oshkosh, 908 Wisconsin St OJHKOJH Scale: 1" = 600' ON THE WATER City of Oshkosh Department of Community Development Created by - kjg . February 13, 2007 14 DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. , If discrepencies are found, please contact the City of Oshkosh. 908 Wisconsin Sf OJHKOJH Scale: 1" = 100' ON THE WATER City of Oshkosh Department of Community Development Created by - kjg February 13, 2007 15 Attachment to BZA Packet 03/14/07 908 Wisconsin Street View of south lot line looking east View of south lot line looking west 16 Attachment to BZA Packet 03/14/07 908 Wisconsin Street View of west lot line looking south View of west lot line looking north 17 Attachment to BZA Packet 03/14/07 908 Wisconsin Street View of north lot line looking east View of north lot line looking west IS Attachment to BZA Packet 03/14/07 908 Wisconsin Street View of east lot line looking north View of east lot line looking south 19 Attachment to BZA Packet 03/14/07 908 Wisconsin Street View from Wisconsin Street looking east 20 Attachment to BZA Packet 03/14/07 908 Wisconsin Street View from Wisconsin Street looking northeast lJ " ~, BOARD OF APPEALS MINUTES MARCH 14, 2007 PRESENT: Dan Carpenter, Robert Cornell, Larry Lang, Dennis Penn y, Cheryl Hentz EXCUSED: Moss Ruedinger, Edward Wilusz STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Susan Kepplinger, Principal Planner; David Buck, Principal PI er; Deborah Foland, Recording Secretary; Karin Gehrke, Re ording Secretary The meeting was called to order at 3:30 p.m. by Chairperson Hentz. Roll call as taken and a quorum declared present. Gregory R. Kargus-applicant, Kargus Properties LLC-owner, requested numer us variances to permit the creation of a new single-family dwelling with a two spa e off street parking area. The minutes of February 14,2007 were approved as distributed. Required (Section 30-19 (B)(3)) I) 25' front yard setback II) 25' rear yard setback III) 7'i'2'side yard setback The following variance requests were related to the proposed new single-famil dwelling: osed 9' front yar setback 3' rear yard setback 3' side yard setback The following variance requests were related to the proposed two space off str et parking area: Required (Section 30-36 (C)(5)) I) 25' front yard setback II) 25' rear yard setback III) 7'i'2' side yard setback IV) 12' maximum driveway width Pro osed 21 ' front y d setback 3' rear yard setback 3' side yar setback 15' drivew y width .~ '. Required (Section 30-35 (1)(2)) IV) Solid fence, solid wall or dense fencing hedge/evergreen shrub border at least 5' high along all lot lines abutting a residential district, except in the required front yard setback Prop sed Existing c ain link fence Mr. Muehrer presented the item and distributed colored photos ofthe site. Ms. Hentz asked if the board members wanted to consider the item as a whole 0 in parts, as there were numerous variances. All members indicated they would consider t as a whole. Greg Kargus, 2934 Shorewood Dr. indicated the new house would be smaller th the current footprint. He has owned the property since 1989 and has had four (4) s dents with four (4) cars at that site with no problems. Mr. Kargus did not have plans awn up to present because he did not want the expense unless he would be able to proce d. Mr. Kargus presented pictures of other properties in the neighborhood (1003 Wright St. and 400 Scott St.) that had been built recently that did not meet the current code and indicated the new structure was not any worse than the examples he presented. He had ta ked with the neighbor to the-east about purchasing the lot but the neighbor is not interest d. Mr. Kargus indicated ifhe could not develop the lot he woul<;ljust '~let itgo." "":-' ' <, /"':;-'~\'::"'.', :'-~::- ,., Mr. Lang asked if the property was insured. Mr. Kargus said yes. Mr. Penney questioned the value of the lot. Mr. Kargus indicated he did not know the assessed vallle but to hiIn it was"\yort less ifhe could not develop it. Mr. Penney also questioned how deep the lot was on Wright St. that Mr. Kargu was using as an example. Mr. Kargus responded that he was not sure but it was dee er than his property on Wisconsin St. Mr. Lang questioned who owned the property to the south and if they had been approached regarding a potential purchase of the lot. Mr. Kargus said he owned that property (i.e. 522 Scott St.) but he did not want 0 combine the lots as he does not want the additional tax burden. Ms. Hentz questioned if he could build something smaller on the lot. Mr. Karg s said it would not pay to build smaller as the rent for a single-family home would not eet the mortgage. 1 Ms. Hentz asked Ms. Kepplinger to comment on the pictures Mr. Kargus broug t. Ms. Kepplinger indicated that the property at 400 Scott St was built with variances ut that the lot was large enough to provide ample parking and fencing. She also stated hat this home was constructed prior to the downzoning of this area in 2001. Ms. Hentz explained that each item brought before the board is required to be c nsidered on its own merits and cannot be compared to other situations. Mr. Lang voiced his experience with the chronic parking problems in the Unive sity area. He noted that he visited the site and thought it could have potential with creativ use. Mr. Lang further stated that comparative properties do not sway him to vote in avor. This is an opportunity to take a nonconforming property and correct a bad situa ion. Mr. Penney said ordinances are in place for a purpose and that years ago peopl could build "helter skelter"~ The situation with the property is so far off base that he ould not support it. Ms. Hentz echoed her colleagues' comments and suggested to Mr. Kargus that single family home that fits would have value. It may not be appropriate for student ousing. Motion by Lang to approve the request for numerous variances to perm 't the creation of a new single-family dwelling with a two space off street par ing area. Seconded by Carpenter. Motion denied 0-5. Ayes-None. Nays-Carpenter/Cornell/Lang/Penney entz. II. 516 W. 6TH AVENUE Pat O'Neill, Andy & Art Dumke-applicants, 522 W. 6th Avenue LLC-owner, r quest variances to permit a parking lot with a 19' front yard setback, an 8' rear yard etback, and side yard setbacks of 0' (west) and 8' (east). Section 30-19 (B)(2) ofthe shkosh Municipal Code: R-2 Two Family Residence District requires a 25' front yard etback and a 10' side yard (west) setback. Additionally, section 30-35 (B)(l) of the 0 hkosh Municipal Code: Additional Standards and Exceptions requires a 19'2" transifonal buffer side yard (east) setback and a 25'transitional buffer rear yard setback. Mr. Muehrer presented the item and photos were distributed to the board mem ers. Mr. Muehrer indicated that Mr. Russell O'Neill, the property owner to the no h requested that the plantings be located on the inside of the proposed fencing a he may want to put his own fencing up and it would not make sense to have the pI anti gs in between two fences. both. In this case since the applicant was proposing both, staff felt it was more advantageous for the property owner to have the fence at the property line beca se it would allow the property owner more room for snow removal/storage. Mr. Center asked if plantings were on the outside of the fence, who is responsible for main aining the landscaping. Mr. Muehrer indicated it is the property owner's responsibility to aintain landscaping on their lot. Ms. Hentz and Mr. Lang both questioned if the applicant was aware of conditio sa through d. Mr. Muehrer assured them that the applicant was aware of the condi ions and that he had not heard from the applicant. Mr. Buck added that he had been wor ing with the applicant on the conditional use permit for this site. In their discussions, Mr Buck indicated the applicant did not object to the conditions and the applicant would lace the landscaping wherever the board felt it was most appropriate. Mr. Carpenter stated that he felt that granting this variance would be beneficial s it would eliminate parking on the street. Mr. Lang voiced concerns that the neighbor to the east was not present and wou d be subject to seeing a fence rather than plantings. He felt the neighbor should be n tified. Motion by Cornell to approve the request to permit a parking lot with t e aforementioned front, rear and side yard setbacks with the following co ditions: (a) Conditional Use Permit be granted by the Common Council. (b) Fence style to be approved by the Department o/Community Develo ment. (c) Fence to be located on the outside of the landscape buffer along the orth and east lot lines. (d) Landscaping to include plantings between the parking lot and the rig t-of- way. Seconded by Carpenter. Motion by Lang to amend condition c. as follows: (c.) Fence to be located on the outside of the landscaping buffer along t north and east lot lines with the approval of the neighbor to the east at 51 W 6th Ave. Seconded by Penney. Motion carried 3-2 Ayes-Lang/Penney/Carpenter. Nays-Cornell/Hentz. During the discussion of which neighbor was to be contacted, Ms. Foland expl ined that each neighbor receives a Meeting Notice so that they are aware of what is h ppening. The meeting notice informs them that they can request a copy of the staff report.