HomeMy WebLinkAbout2007-Letter-variance approval
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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
OJHKOJH
Darryn Burich
Director
Planning Services Division
April 13, 2007
Mr. Timothy J Rusch
657 W 4th Ave
Oshkosh, WI 54902
Re: 657 W 4th Avenue
Dear Mr. Rusch:
On April 11, 2007 the Board of Appeals approved a variance to permit the creation of a 1,200
square foot detached garage.
The decision of the Board was filed in the Planning Services Division Office of the Department
of Community Development on April 12, 2007. Per Section 30-6(C)(3) and (4) of the City of
Oshkosh Zoning Ordinance, your variance will expire on October 12, 2007 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) 236-5057.
.,
Todd Muehrer
Associate Planner/Zoning Administrator
TM/kjg
CC: Inspection Services Division, City Hall
.
OJHKOJH
City of Oshkosh
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
BOARD OF APPEALS AGENDA
April 11, 2007
3 :30 PM
To Whom It May Concern:
Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, APRIL 11,
2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF MARCH 14,2007 MINUTES
I. 657 W 4TH AVENUE
Timothy J. Rusch-applicant/owner, requests a variance to permit the creation of a 1,200 square foot detached garage.
Section 30-19 (B)(4)(b)(vi) of the Oshkosh Municipal Code: R-2 Two Family Residence District limits detached
garages to no greater than 800 square feet.
II. 1256 HARNEY AVENUE
Jeff Wicinsky-applicant, Harold Bidwell-owner, request a variance to permit the creation of a driveway with
a 0' side yard setback. Section 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street Parking and
Loading Facilities requires driveways to be at least 6 inches from a side lot line.
III. 1331 W ASIDNGTON AVENUE
Maureen Sturm-applicant, Lois R. Roeder-owner, request a variance to permit the creation of an 8' high fence with a .
1 'side yard (west) setback a 0' rear yard setback. Section 30-35 (E)(4) of the Oshkosh Municipal Code: Additional
Standards and Exceptions requires fences greater than 6' in height to meet the setback requirements for areas of the
principal structure (R-2 Two Family Residence District requires a 7 W side yard setback and a 25' rear yard setback).
OTHER BUSINESS
Discussion of BOA procedures
ADJOURNMENT
IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DNISION AT
(920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY
STAFF REPORT
BOARD OF APPEALS
APRIL 11, 2007
ITEM I: 657 W. 4TII AVENUE
GENERAL DESCRIPTION AND BACKGROUND
Timothy J. Rusch-applicant/owner, requests a variance to permit the creation of a 1,200 square
foot detached garage. Section 30-19 (B)( 4)(b )(vi) of the Oshkosh Municipal Code: R-2 Two
Family Residence District limits detached garages to no greater than 800 square feet.
The subject 0.58 acre (approx. 25,500 sq. ft.) property is zoned R-2 Two-Family Residence
District and is being used as a single-family dwelling. The parcel is bordered by single-family
homes in all directions and the general area can be characterized as a low-density residential
neighborhood.
ANALYSIS AND RECOMMENDATION
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 applicant is requesting a variance to construct a 1,200 square foot detached garage (30' x
40') in the rear yard. According to the City of Oshkosh Assessor Office, the property currently
has an existing 576 square foot detached garage in the rear yard that is 50+ years old. The owner
intends on razing the existing garage due to its age and generally dilapidated condition and
constructing a new garage in its place.
In the applicant's opinion, the variance would not have an adverse effect on surrounding
properties because all of the properties in the area have rear yard garages and scenic sight lines
would not be blocked. Additionally, the owner feels the special conditions that are applicable to
the subject lot is its "L" shape configuration and the location ofthe house and driveway on the
parcel. These conditions, in the applicants view, do not make it feasible to attach a garage due to
space constraints to enter the garage. The owner feels a hardship would be created if they
attached a garage because they would lose view of their spacious backyard and would not be able
to properly watch their children when they are in the backyard.
There is nothing unusual or unique about the property that creates a hardship in staffs opinion.
In the R-2 district, the total allowable area for detached garages cannot exceed 800 square feet in
area. Since the subject property far exceeds the zoning requirements for development width,
depth, and area, several alternatives exist for the petitioner to meet code. For example, the owner
could construct one 800 square foot garage as well as another 400 square foot garage if needed.
Or two separate 600 square foot garages could be constructed. Essentially, it appears the request
is based on hardships unique to the applicant, rather a hardship specific to the property.
RECOMMENDATION
Based on the information provided within this report, staff recommends denial of the variance
request.
1
Please Type or Print in BLACK INK
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OIH<OfH
ON THE WATeR
Return to: Department of
Community Development
215 Church Ave.
P.O. Box 1130
Oshkosh, WI 54903-1130
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Please submit 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.) Please refer to the fee schedule for appropriate fee.
FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the application is submitted.
Address of Parcel Affected: &57 tJ l.f%
Petitioner: -n fY""\ot\'"\\.1 J, ~ 0:sch
Petitioner'sAddress: 105~ W Ll~ ~
Signature Required: 7~ fJ, ~
Home Phone: q@D - yala - 5-\ 55
WorkPhone:.3;)D -603- 155 \
Date:;;)- Ollo-D'\
Owner (if not 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 information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information
requested. Additional information may be requested as needed.)
1. Explain your proposed plans and why you are requesting a variance:
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2. Describe how the variance would not have an adverse effect on surrounding properties:
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
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DISCLAIMER
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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.
Scale: 1" = 150'
OJHKOJH
ON THE WATER
City of Oshkosh
Department of
Community Development
Created by - kjg
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March 5, 2007
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DISCLAIMER
657 W 4th Ave
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.
Scale: 1" = 300'
OJHKOfH
ON THE WATER
City of Oshkosh
Department of
Community Development
Created by - kjg
March 5, 2007
6
DISCLAIMER
657 W 4th Ave
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 discrepencies are found, please contact the
City of Oshkosh.
Scale: 1" = 150'
Created by - kjg
7
OJHKOfH
ON THE WATER
City of Oshkosh
Department of
Community Development
March 5, 2007
BOARD OF APPEALS MINUTES
APRIL 11, 2007
PRESENT:
Robert Cornell, Larry Lang, Dennis Penney, Edward Wilusz, Cheryl Hentz
EXCUSED:
Dan Carpenter, Moss Ruedinger
STAFF:
Todd Muehrer, Associate Planner/Zoning Administrator;
Karin Gehrke, Recording Secretary
The meeting was called to order at 3:30 p.m. by Chairperson Hentz. Roll call was taken and a quorum
declared present.
The minutes of March 14,2007 as mailed were noted to have text missing and corrected minutes were
distributed. The corrected minutes were approved. Cornell/Penney 5-0.
I. 657 W 4TH AVENUE
Timothy J. Rusch-applicant/owner, requests a variance to permit the creation of a 1,200 square foot
detached garage. Section 30-19 (B)(4)(b)(vi) of the Oshkosh Municipal Code: R-2 Two Family
Residence District limits detached garages to no greater than 800 square feet.
The subject 0.58 acre (approx. 25,500 sq. ft.) property is zoned R-2 Two-Family Residence District and is
being used as a single-family dwelling. The parcel is bordered by single-family homes in all directions
and the general area can be characterized as a low-density residential neighborhood.
Mr. Muehrer presented the item.
Mr. Timothy Rusch, 657 W 4th Ave, explained that an attached garage would block the view of the
backyard and would make the property more difficult to sell. Also, an attached garage would cover the
entire back of the house, blocking the neighbor's view. It also limits the ability to get into the garage, as it
would only have 9' to make the swing. He explained that an attached garage would also create more
storm run offto the properties to the west who already have flooding problems. Mr. Rusch passed
pictures showing a "lake" (standing water) in the yard of his neighbor three properties to the west. The
current garage is 24' x 24' and he wants to create a new 40' x 30' (1,200 sq. ft. garage).
Mr. Lang asked if the neighbors' land was lower than the rest of the area.
Mr. Rusch said yes.
Mr. Lang asked the age of the house.
Mr. Rusch said it was 100+ years old.
Board of Appeals Minutes
April 11, 2007.
Mr. Rusch said the foundation of the current garage is busting out, the roof is sagging and the walls are
moved out.
Mr. Penney asked why he wanted the garage to be 1,200 square ft.
Mr. Rusch said he wanted to maximize the ability of the yard. He also said the neighbor at 653 W 4th Ave
indicated he was not opposed to the new proposed garage size and he would even help Mr. Rusch build
the unattached garage.
Mr. Wilusz asked why the code allows only up to 800 sq. ft. for a detached garage.
Mr. Muehrer said it was a maximum of 800 sq. ft. for a detached garage and 1,200 sq. ft for an attached.
Mr. Wilusz questioned why there was difference for sizes between attached and detached garages.
Mr. Muehrer explained that it was his understanding that the code was composed in this manner to
prevent large garages for boat storage. Also, the owner could build two (2) garages to achieve the desired
space.
Mr. Penney asked why it would be okay to have two (2) 600 sq. ft garages and not one 1,200 sq. ft garage.
Mr. Muehrer said the most current change to the code was in 1996 but the standards were the Sam.e with
the previous version.
Mr. Cornell asked ifno variance would be needed if the applicant would build an 800 sq. ft. and a 400 sq.
ft. garage.
Mr. Muehrer confirmed yes.
Mr. Wilusz asked Mr. Rusch ifhe was open to building two structures.
Mr. Rusch said yes, he would be. He thought ifhe built two garages one would still have to be attached.
He then asked if he could have two (2) 600 sq. ft. garages.
Mr. Muehrer said yes.
Mr. Lang asked how the city defines "detached."
Mr. Muehrer said there needed to be a minimum separation of 5' between the walls of one structure and
the wall of the other.
Mr. Rusch then noted that it would require a larger paved area in order to access both garages.
Mr. Lang asked what the minimum development area of a lot needs to be to accommodate two garages of
600 sq. ft. each.
Board of Appeals Minutes
2
April 1 I , 2007
Mi. Muehrer indicated 7,200 sq. ft.
Mr. Rusch said his property is 24,187 sq. ft.
Mr. Lang noted the property is three times the minimum required.
Ms. Hentz asked if Mr. Rusch had any information from realtors regarding resale value of the house.
Mr. Rusch said no; the house was 2,500 sq. ft and suitable for a larger family. He also said he felt the
attached garage would be a detriment because vision to the backyard would be blocked and therefore
children playing in the backyard would not be able to be seen.
Mr. Cornell asked if Mr. Rusch was open to having two 600 sq. ft garages.
Mr. Rusch said it would be difficult but that he could make it work.
Mr. Wilusz said he has a problem because Mr. Rusch has not demonstrated any hardship. He also thought
the ordinance needs to be revisited. He asked Mr. Rusch if there is a hardship with an 800 sq. ft garage.
Mr. Rusch replied that because ofthe size of the yard he wanted to go the maximum size possible, as it
would be of benefit when selling the house.
Mr. Lang asked Mr. Mueher if the code didn't provide any logic for the way it was written.
Mr. Muehrer indicated that the applicant could meet the guidelines as set forth by the code because of the
size of the lot; he did not have any other knowledge of why the ordinance was written as it was, other than
what he mentioned earlier.
Mr. Penney said in this case it would be ridiculous for two garages to have to be built and therefore felt
obligated to side with the citizen. '
Mr. Lang said he thought the code was discriminating against older parts of the city where property lots
were larger, and to require a 1,200 sq. ft garage to be attached to meetthe code wasn't logical. He would
support the citizen.
Mr. Cornell said his main concern is that there is no hardship; that the applicant can achieve what he
wants and meet the code requirement. Further, Mr. Cornell indicated one problem with a 1,200 sq. ft.
garage is that it could be changed into living space. Due to these issues he could not support the request.
Ms. Hentz said that to require the applicant to build two structures with additional land in between to be
paved is an unnecessary burden and she supports the applicant.
Mr. Wilusz said the ordinance is not the best but it is the ordinance we have. Further, he did not hear
anything regarding why an 800 sq. ft garage would not be okay. Therefore he would agree with staff.
Motion by Lang to approve the request to create a 1,200 square/oat detached garage.
Board of Appeals Minutes
3
April 11, 2007
Seconded by Penney.
Motion approved 3-2. Ayes-Lang/Pnney/Hentz. Nays- Wilusz/Cornell.
Finding of Facts:
Hardship would exist with additional cost.
Sale of house more difficult with an attached garage.
Minority Finding of Facts:
Self-inflicted hardship.
II. 1256 HA
Jeff Wicinsky-applicant", old Bidwell1owner, requested a variance to permit the creation of a driveway
with a 0' side yard setback.' , ction 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street Parking
and Loading Facilities requires iveways to be at least 6 inches from a side lot line.
The subject 0.11 acre (approx. 4,949 . ft.) property is zoned R-2 two-family Residence District and is
being used as a singe-family dwelling. e parcel is bordered by single-family homes to the west and
east, while a two-family dwelling exists to e north. The general area can be characterized as a low-
density residential neighborhood.
Mr. Muehrer presented the item.
Mr. JeffWicinsky, 6529 Lasley Shore Dr, Winnecoml told the board that the owner Mr. Harold Bidwell
was moving from 1256 Harney Avenue. Mr. Bidwell ha 't made many repairs to the property due to the
fact that there is no driveway. He also said residents nee 0 get special permission to park on the street.
Also, a driveway would make it more feasible to do repairs to he property.
Mr. Cornell asked ifMr. Bidwell was selling the house then.
Ms. Hentz asked if there was parking on Harney St.
Mr. Wicinsky said yes but not without a permit.
Ms. Hentz asked if there was parking on both sides of the street.
Mr. Wicinsky didn't know.
Mr. Lang said there would have to be parking on both sides in order to get a perm
Mr. Wicinsky said yes, that he was going to purchase it.
Mr. Cornell asked if he was planning on renting it out.
Mr. Wicinsky said he might fix it up and resell it.
Board of Appeals Minutes
4
April 11, 2007