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HomeMy WebLinkAboutLetter-Board of Appeals (variance denial) o OJHKOJH City of Oshkosh Dept. of Community Development Planning Services Division 215 Church Ave., PO Box 1130 Oshkosh, WI 54903- I 130 (920) 236-5059 (920) 236-5053 FAX Jackson R. Kinney Director Depl. of Community Development Darryn Burich Director Planning Services Division May 10, 2007 Mr. Charles Showers 619 W 19th Avenue Oshkosh WI 54902 RE: 601 W 6th Ave Dear Mr. Showers: On May 9, 2007 the City of Oshkosh Board of Appeals denied your request for a variance t.o permit the creation of a new single-story office building with off- street parking proposed setbacks of 4' transitional yard setback (parking), 0' transitional yard setback (building), 0' transitional yard setback (parking) and 12' transitional yard setback (building). The decision of the Board was filed in the Planning Office of the Department of Community Development on May 10, 2007. Section 30-6(C) (1) and (2) of the City of Oshkosh Zoning Ordinance allows the same variance request to be heard 3 times in any 12 -month period. If this is the first or second 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 additional hearing stating the changes that 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 you may re-submit your variance request through the normal procedure. You may call me at (920) 236-5057 if you have any questions. Since Planner/zoning Administrator TMM/kjg cc: ~nspection Services Division, City Hall Kelly J Burnett, 524 W New York Ave, Oshkosh WI 54901 ,. Mr. Lang referred to pa. 5 of the staff report and asked how the size of the sign was determined. It looked much larger than the dimen s given. Mr. Lang asked what is the maximum size allowed? Mr. Muehrer said the concrete bas . s not counted as part of the sign except to determine overall height.. The maximum size allowed is 50 sq. ff d cannot be higher than 10 ft above the curb. Mr. Lang asked what the square footage was Mr. Muehrer said it is 34 sq. ft. with 20 sq. ft of cn eable bulletin board. Mr. Muehrer reminded the board members that the size of the sign is not an issue. Only e setback is. Motion by Cornell to approve the request to permit a sign There is no hardship. He Mr. Lang said he was surprised that the base is not consi cannot support the request. Seconded by Carpenter. Motion denied 0-5. Ayes-None. Nays-Carpenter/Cornell/Lang/Wilusz III. 601 W 6th Ave Charles Showers-applicant, Kelly J. Burnett-owner, request the following variances to permit the creation of a new single-story office building with off-street parking: Required (Section 30-35 (B)(l)(c)) I) 25' transitional yard setback (north) II) 25' transitional yard setback (north) III) 19'3" transitional yard setback (west) IV) 19'3" transitional yard setback (south) Proposed 4' transitional yard setback (parking) 0' transitional yard setback (building) 0' transitional yard setback (parking) 12' transitional yard setback (building) The subject 0.14 acre (approx. 6,155 sq. ft.) property is zoned C-3 Central Commercial District and is located on the southwest comer at the intersection of W. 6th Avenue and Ohio Street. The lot is rectangular in shape (approximately 68'x 90') and the general area can be characterized as mixed commercial-residential. Mr. Muehrer presented the item. Mr. Charles Showers, 619 W. 19th Ave. passed photos around and said he has adjusted the plan from the one submitted so that the new building will face 6th St. The front of the building is shortened up so there is now additional parking, going from two spaces to four spaces. Parking is very bad in that area and Ohio St. is going to be widened in the next year. Mr. Lang asked what is changed. Mr. Showers said the lot will be cleared and the new building will be in line with the rest of the buildings on the block. Ms. Hentz asked what specifically is different from the submitted request. Board of Appeals Minutes 7 May 9, 2007 Mr. Showers said Item II is changed from 0 ft. to 6 ft. transitional yard setback. Mr. Wilusz asked if there was any reason why a two-story building isn't being constructed. Mr. Showers said all the houses around there are one story. If it were two stories high it would make the building at least 17 to 18 ft. tall and would look out-of-place. Mr. Wilusz asked if the building across the street was a two-story building. Mr. Showers said yes, it was. Mr. Lang asked if 600 W 6th St was a two-story. Mr. Showers said he didn't know. Mr. Lang asked if the apartment building across the street was a two story. Mr. Showers said yes it was but that lot is much smaller. ~r" Mr. Muehrer said all other co'rners have a two story building on them. Mr. Lang said he had a problem with the jury-rigged modifications being presented. The item should be considered as originally proposed. Mr. Muehrer mentioned that he met with Mr. Showers before the meeting and told him that the department would be happy to work with him in creating a conceptual plan. Ms. Hentz said she didn't think the changes were jury-rigged at all. Only one item was changed which is not Em unusual occurrence and she did not have a problem with it. Mr. Carpenter said he has concerns with the blind corners. Mr. Lang asked if a parking area is required. Mr. Muehrer said no. Mr. Lang said only 13% of the lot would, not be paved given the parking area. Mr. Wilusz thanked Mr. Showers Jor his efforts to address the issues brought up. However, there needed to be more focus on minimizing the variances being requested and therefore he could not support the proposal. Ms. Hentz said she could not support the request either but thanked Mr. Showers for his efforts and willingness to work with staff to create something. Mr. Showers said he wants to develop the lot and questioned if they needed to comply with all of the setbacks. He felt parking is critical for those who would be working in the building and also for customers Board of Appeals Minutes 8 May 9, 2007 p coming to do business there. He stated that he would like some guidance for his next presentation so that he knew he was on the right track. Mr. Muehrer said Mr. Showers could present any plan he felt necessary. The issue of parking would need to be addressed based on the plan he came up with. Mr. Showers asked if he should present the new proposal without the parking so that the building could be approved and then present the parking at a later date. Mr. Muehrer said he would need to present it all at the same time. Mr. Lang moved to approve the request as presented. Seconded by Mr. Wilusz. Motion denied 0-5 Ayes-None. Nays-Carpenter/Cornell/Lang/Wilusz/Hentz. ADD 1635 GRABER ST Tom Wilh s, building contractor for Michael and parcy Duffy, owners, is requesting a variance to the City's Buildi Code. Per Oshkosh Building Code Section 7-33, persons may file an appeal to the Board of Zoning Appeals provided in the City Zoning Ordinance, Section 30-6(B)(2)(a) if an equivalent degree of health, safety and fare is proposed. All appeals shall be accompanied by supporting data. The City of Oshkosh a ts the State of Wisconsin Uniform Dwelling Code to apply to alterations and additions to 1 & 2 family ho es in existence prior to the effective date ofthi~ code (June 1, 1980.) The state code applies to all new 1 &2 ily Dwellings and any additions/alterations to said gwellings built since June 1, 1980. The City of Oshko adopts this code with some exceptions to apply to existing housing stock to maintain a level of consistency th ughout the City. This appeal is to allow the installation 20" tall x 24" deep seating benches for a rear deck in lieu of guardrails, which are shorter than the mim urn height as specified in Comm 21.04(3)(c)2. as adopted by Municipal Code Section 7-34(A). Mr. Dannhoff apologized to 'the Board for thelatesl,lb 'ssi9P.ofth~it~rn, explaining that the project was underway and the owner ^was not aware of the requirem t for higher guardrails on the new deck. Mr. Dannhoff said he received a call from the contractor, Tom iams, informing him of the situation and who prepared the application for presentation. Mr. Allyn Dannhoff, Director of Inspections presen )' Mr. Dannhoff,pa'ssed photos to the board members showing the old deck t was being removed. Ms. Hentz asked ifthere were any photos of the benches. I Mr. Lang referred to page 5 of the staff report asking why there were two ts of benches shown on the layout. Board of Appeals Minutes 9 May 9, 2007 .,;;;ct.. ':';.;..~,..7 r,...";<,,, OJHKOJH ON THE WATER City of Oshkosh Planning Services Division 215 Church Ave., PO.Box 1130 Oshkosh, VVl 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 May 9,2007 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, MAY 9, 2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF APRIL 11,2007 MINUTES J. 908 WISCONSIN STREET It should be noted this is the second hearing for this application. The original hearing occurred on March 14, 2007 and was denied 0-5. Gregory R. Kargus-applicant, has altered his proposal and is requesting the second hearing. The most significant change to the proposal is the reduced footprint of the principal structure. By doing so, the front and side yard (north) setback variance requests related to the new single- family dwelling at the first hearing have been eliminated Additionally, the solidfence requirement andfront yard setback variance requests related to the two space off street parking area have been eliminated since the first hearing. Gregory R. Kargus-applicant, Kargus Properties LLC-owner, request variances to permit the creation of a new single-family dwelling with a two space off street parking area. n. 1526 ALGOMA BLVD Martin Luther Church & Christian Day School, applicant and owner, are requesting a variance to permit a sign with a front yard setback of 12' on Algoma Boulevard. Section 30-18 (B)(3)(c) of the Oshkosh Municipal Code: R-IC Single Family Central Residence District ofthe City of Oshkosh Zoning Ordinance requires a 25' front yard setback. III. 601 W 6th AVENUE Charles Showers-applicant, Kelly 1. Burnett-owner, request the following variances to permit the creation of a new single-story office building with off-street parking: Required (Section 30-35 (B)(l)(c)) I) 25' transitional yard setback (north) II) 25' transitional yard setback (north) III) 19'3" transitional yard setback (west) IV) 19'3" transitional yard setback (south) Proposed 4' transitional yard setback (parking) 0' transitional yard setback (building) 0' transitional yard setback (parking) 12' transitional yard setback (building) The subject 0.14 acre (approx. 6,155 sq. ft.) property is zoned C-3 Central Commercial District and is located on the southwest corner at the intersection of W. 6th Avenue and Ohio Street. The lot is rectangular in shape (approximately 68'x 90') and the general area can be characterized as mixed commercial-residential. OTHER BUSINESS Discussion of BOA procedures Discussion of re-appointments/appointments Discussion on Minority Findings of Fact 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 l' .. STAFF REPORT BOARD OF APPEALS MAY 9, 2007 ITEM III: 601 W. 6TH AVENUE GENERAL DESCRIPTION AND BACKGROUND Charles Showers-applicant, Kelly 1. Burnett-owner, request the following variances to permit the creation of a new single-story office building with off-street parking: Required (Section 30-35 (B)(l)(c)) I) 25' transitional yard setback (north) II) 25' transitional yard setback (north) III) I 9'3" transitional yard setback (west) IV) 19'3" transitional yard setback (south) Proposed 4' transitional yard setback (parking) 0' transitional yard setback (building) 0' transitional yard setback (parking) 12' transitional yard setback (building) The subject 0.14 acre (approx. 6,155 sq. ft.) property is zoned C-3 Central Commercial District and is located on the southwest corner at the intersection of W. 6th Avenue and Ohio Street. The lot is rectangular in shape (approximately 68'x90') and the general area can be characterized as mixed cOm.ni.ercial-residential. 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, setbacks, 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 variances from the Zoning Ordinance to allow the development of a new single-story office building with off-street parking as well as an attached storage/garage facility. The petitioner is a prospective buyer of the subject property and has included the granting of these variances as a "condition of sale". The applicant's proposed plans are to raze the existing buildings located at 601 W. 6th Avenue because of their dilapidated condition. According to City Records, the existing two-story, .2,000 sq. ft. principal structure was built in 1894 and the existing utility shed (176 sq. ft.) and detached garage (484 sq. ft.) were constructed in 1950. According to the applicant, the variance requests will not have an adverse effect on surrounding properties because the existing build and garages are in very poor condition. The existing garages are located on the properties lot line. The proposed garage will be attached to the exiting building and farther away from the lot line. The applicant is also proposing a new maintenance free fence (details such as materials. and design have not been submitted) along the entire west and south lot lines to enhance surrounding properties and mitigate the visual impact of the commercial structure on abutting residential properties. In the applicant's opinion, the special conditions related to the subject lot that do not apply to surrounding lots are the conflicting R-2 and C-3 districts. The applicant believes 1 STAFF REPORT ITEM III -2- BOARD OF APPEALS MAY 9, 2007 hardships will be imposed if the v~iances are not granted because the existing building will need to be razed eventually due to the major structural problems. The proposed new single-story building would be built up to the north and east lot lines and feature approximatelyl,352 sq. ft. of office space with an additional 832 sq. ft. of attached garage/storage area. Vehicular access to the property would occur off of W. 6th Avenue. A three stall off street parking area (27'x 18') is proposed to the west of the office building as is a large asphalt driveway/platform area (built to the west lot line) that would be used to access the garage and storage facility. The applicant is also proposing a new fence along the south and west property lines to mitigate the visual impact of the commercial use on the abutting residential properties. A 12'open space/rear yard area is proposed along the south side of the property. Under normal C-3 Central Commercial District circumstances, the subject lot would not have any front, rear, or side yard setback standards to comply with. However, the code makes an exception for properties that share front yard block frontage with a residential district and thus requires a 25' minimum. This provision only applies to the subject property's front yard (north) along W. 6th Avenue. The property's front yard (east) along Ohio Street is 0' due to the rest of the block frontage being in the C-3 District also. The remaining side yard (west) and rear yard (south) setbacks are transitional yard requirements due to the abutting residential uses. Staff originally met with the applicant several times to assist in developing a concept plan for the property. Those meetings occurred with the understanding that the existing principal structure would remain in its current legal nonconforming location and significant interior remodeling would only be required. However, between the application deadline and prior to staff reports being composed, the applicant had the existing structure inspected. The results of that inspection concluded that the existing facility should be demolished. Since the applicant has brought the new information forward, staff has considerable reservations and concerns regarding the current proposal. Foremost, the setback hardships are now self-created under the current proposal. There is ample on-site area for a new development to meet setback standards or minimize the intrusion into the setbacks. It appears the building dimensions selected by the applicant are arbitrary and for personal preference. As a result, staff feels in particular the 0' setback requests along the north and west property lines are excessive. A two-story facility is a viable alternative for the applicant to minimize setback intrusions, maximize usable building area, and provide a building more appropriately scaled for the vicinity. Providing some side yard (west) would also benefit storm water impacts and snow removal/storage options in the winter months. Staff also has serious reservations about the proposal's design and aesthetics since the applicant has not submitted any building elevations. This is particularly important since the subject property is a highly visible comer lot with 90' frontaffie along a north-south collector street (i.e. Ohio Street). The existing building fronts W. 6t A venue and provides minimal architectural substance along Ohio Street. The City of Oshkosh Comprehensive 2 STAFF REPORT ITEM III -3- BOARD OF APPEALS MAY 9, 2007 Plan suggests properties from Ohio Street to Oregon Street (between the Fox River and 9th Avenue) should be reviewed for redevelopment potential. As such, since too many details of the proposal remain open-ended at this point, staff is not comfortable giving it an endorsement. RECOMMENDATION Based on the information provided within this report, staff recommends denial of the variances requested. 3 Please Tvpe 0]' Print in BLA,CK INK ~ [17RK07Fi 011 HIE IW.1UL RdUrIl to: Deportment of Communi!.y Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VAIUANCE Please submit a 'complete reproducible site ])]n11 (mnximul11 size 11" x 171'), (A complete site plan includes, but is not limiteclto, all structures, IOllines and streets with distances Lo each.) Please refe.r to the fee schedule for 8ppropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due atthe time the application is submitted. Address ofPnl'cel Affected: ~O/ !...<) ;;'2.-tit ;:it<. O~~ Petitioner: (~);t1 r Ie 5 <:::;);C)tUt:.,z S Home 1>llolle: (P?33 -- DC) /.3 I'etitioller's Address: &/9 Zu, 19M ff,-,IC. Q~h_ 'VVork Phone; V 0" SignntureRequirecJ: C./U~~ ,,:I./)J~ Dnte: Lj/;q 107 O'Wner (if not petitionel'): Home 11hone: O"yner's Address: 5" :2 C( ti IV e. lvJ Y <.0 /Z. (~, J e o SA..... Co<:'1- lAl:/- !;;",tf4f.r!)J 7<€.e~/'-#~. '. II \Vork Phone: <::;2__'0 - (, Y 2.. - 0 <.90 ~ Date: '7 (/ f/O >' , ( I' Signature Required: In order to be grantee! n variance, each applic::ll1t must be able to pl'Ove that an unnecessary hardship would be created if the variance is not granted. The bLl1'den of proving an unnecessary hardship rests upon the applicant. The attac.hed sheei provides information on what constitutes a hardship. (Al.lach additional sheets, if necessary, to provide. the. information j'equested. Additional information may be requested as needed.) 1. Explain your proposed plans aud lvhy you are requesting ~l "f1rinnce: Our proposed plans are to raze the l~xisting buildings located at 601 W. 6th Ave. Oshkosh. The existing buildings structures are in such poor condition that they are beyond repairing or replacing. A new 1 story office building is being proposed that will meet all city codes and standards. Weare requesting the . small variances because of building~~ existing structural problems. We have worked along side some of the citY'I~ planners to develop the best plans and options to keep all of the variances to a minimum. SUBMIII ED BY APPLICANT 4 2. Describe how the variance 'would not have an adverse effect on surrounding properties: The variances will not have any adverse effect to the surrounding properties because the existing building and garages are in very poor condition. The existing garages are located on the properties lot line. The proposed garage will be attached to the existing building and farther away from the lot line. A new maintenance free fence will be installed along the entire lot line to enhance the surrounding properties. 3. Describe the special conditions that npply to your lot or structure that do not apply to surrounding lots or st1'U ctu res: The surrounding lots are of mixed zoning, from C-3 Central Commercial District to R-2 Two Family Residential District. The existing buildings and lot, including the surrounding buildings and lots do not meet any oftoday's new and existing codes and standards. Amy of the existing buildings and lots in the surrounding area, which need renovl~ting, will need variances. Our proposed plan has kept the variances to the very minimum. 4. Describe the hardship that would result if your variance were not granted: We have worked very hard and changed our plans several times under the guidance of the city's planners to keep all of the variances to a minimum. The hardship is the buildings existing Inajor structural problems. If the variances were not granted, sooner or later the buildings will need to be razed. SUBMI1TED BY APPLICANT 5 (I II ... 'i , o cr- b '1.3) 5 New ~ 2'~ G,o.'raje.1s S t (';.,. <1.,.9 e 32~ I 2b . ohio 5t. 62' Ne.w ~ Oyl e ~t ~rey' BlAdd1l'lj tJ [ ~ --...., o 8. ).( 10 1'~ flve. p..-W ~ - h~':: 1ft: Ex;st)4~ 2 57ct;;! Bu;)dl'Yl~ 6 2 &o.,vr..~e.S{IW:'ll:be.ReW\oveJ. SUBMITfED BY APPLICANT 6 VARIANCES FOR OFFICE BUILDING 601 W. 6TH AVE. OSHKOSH SOUTH-19'-3" TO 12' WEST - 19'-3" TO 0' PARKING NORTH~25' TO 4' PARKING NORTH --225' TO 0' NEW BUILDING SUBMIlTED BY APPLICANT ' 7 8 .~ SUBMmEO BY APPLICANT 9 . DISCLAIMER GO! ~ ~~ . ~OJHKOfH 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 discrepencles are found, please contact the City of Oshkosh. ON THE WATER Scale: 1" = 20' vlty or usnKosn Department of Community Development Created b o BY APPLICANT 1 0/27/06 10 ! Impression antibourrage et a sechage rapide !Jtil.h;~:!:J~ gal:liarit ~l(;()@ .. BOA. 601 W 6th A.VE 05/09/2007 DECKER MR~ARRY H j.113 OREGO T OSHKOSH W] 54 . 2 6481 DECKER GARRY H 1113 OREGON ST OSHKOSH WI 54902 6481 600/616 Ohio St LEMBERGER JOHN J 904 BA.UMAN ST OSHKOSH WI 54902 3427 518 Ohio St. ~ -- www.avery.com 1~800-Go-AVERY KAUFMANN RICHARD L 610 W 6TH AVE OSHKOSH WI 54902 5845 PHILLIPS/P PHILLIPS LORETTAM 609 W6TH AVE OSHKOSH WI 54902 5844 DETTLAFF THOMAS V 608 W 7TH AVE OSHKOSH WI 54902 5836 CHARLES SHOWERS 6.19 W 19TH AVE OSHKOSH WI 54902 ~ AWRY@ 5160@ TRITT LEE J 270 SUNNYBROOK DR OSHKOSH WI 54904 600 w 6Cl> Ave BURNE~LLY J 524 W YORK AVE OSHKO 54901 SPARR INVEST~ENTS LLC 103 HIGH AVE OSHKOSH WI .54901 4808 .' 602 W 7Ch Ave KELLY BURNETT 524 W NEW YORK AVE OSHKOSH WI 54901 601 W 6th Ave 11 ~ ..- 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 dlscrepencles are found, please contact the City of Oshkosh. Created by - kjg 601 W 6th Ave Scale: 1" - 60' 39. 126.92' 37.5' 50.0' 50.0' 50.0' 50.0' 551 ex> (""') OJHKOfH ON THE WATER City of Oshkosh Department of Commul:1ity Development 04/20/07 12 ~5.S' ~ :J~Vf>' ~,O' :;00' ~..o1J' S(){l' 5lJ {" 1~. i'4 l,~1 :$ M ~ ~ HU wa ':iOl~ II - 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 lll1d 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 sponslble for any inaccuracies herein contained. 11' discrepancies are found, please contact the City of Oshkosh. Created by - kjg 601 W 6th Ave OJHKOfH ON THE WATER Scale: 1" - 150' City of Oshkosh Department of Community Development 04/20/07 1~ 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 dlscrepencies are found, please contact the City of Oshkosh. Created by - kjg 601 W 6th Ave OJHKOJH ON THE WATER Scale: 1" - 60' City of Oshkosh Department of Community Development 04/20/07 14