HomeMy WebLinkAboutLetter (variance/garage) - 06/14/2007
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OJHKOfH
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
June 14,2007
Mr. Matthew S. Pemble
1506 Spruce Street
Oshkosh, WI 54901
Re: 1506 Spruce St.
Dear Mr. Pemble:
On June 13, 2007 the Board of Appeals approved a variance to permit the creation of a detached
garage with a 0.5' side yard setback with the following conditions:
a. Gutters to be installed to prevent water runoff to the properties of
1215 and 1221 W. Bent Avenue.
The decision of the Board was filed in the Planning Services Division Office of the Department
of Community Development on June 13, 2007. Per Section 30-6(C)(3) and (4) of the City of
Oshkosh Zoning Ordinance, your variance will expire on December 13, 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.
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Todd Mehrer.
Associate Planner/Zoning Administrator
TM/kj g
CC: Inspection Services Division, City Hall
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OJHKOJH
ON THE WATEil
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
Di rector
Dept. of Community Development
Darryn Burich
Director
Planning Services Division
BOARD OF APPEALS AGENDA
June 13, 2007
3:30 PM
To Whom It May Concern:
Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JUNE 13,2007 at 3:30
PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
OTHER BUSINESS
Board Reorganization
Discussion of BOA procedures
APPROVAL OF MAY 9, 2007 MINUTES
I. 3139 CUTTER COURT
Sandra Nabbefeld-applicant/owner, requests variances to permit the creation of a new unscreened off street
parking area located in the front/side street yard. Section 30-36 C(5)(a)(ii) of the Oshkosh Municipal Code:
Off-Street Parking and Loading Facilities states in addition to the driveway parking area, one uncovered
parking space is permitted alongside an attached garage when such space is not located between the building
and the street.
Additionally, Section 30-35(1)(1) of the Oshkosh Municipal Code: Additional Standards and Exceptions
requires any off-street parking area to provide a minimum 5' green area in the front yard setback for
screening purposes and Section 30-35 (E)(2) states fences and hedges less than 4' high may be located within
the required front yard, except fences that are more than 50% solid shall not be permitted within 15' of a
front lot line.
II. 1506 SPRUCE STREET
Matthew S. Pemble-applicant/owner, requests a variance to permit the creation of a detached garage with a
0.5'side yard setback. Section 30-19 (B)(4)(b)(v) of the Oshkosh Municipal Code: R-2 Two Family
Residence District requires a 2.5' side yard setback.
III. 601 W. 6th AVENUE
It should be noted this is the second hearing for this application. The original hearing occurred on May 9,
2007 and was denied 0-5. Charles Showers-applicant has altered his proposal and is requesting the second
hearing.
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) 19'3" transitional yard setback (west)
III) 19'3" transitional yard setback (south)
Proposed
14' transitional yard setback
4' 10" transitional yard setback
1 0' transitional yard setback
Required (Section 30-36 C(3)(e))
IV) 18' parking space depth
Proposed
16' parking space depth
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
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STAFF REPORT
BOARD OF APPEALS
JUNE 13, 2007
ITEM II: 1506 SPRUCE STREET
GENERAL DESCRIPTION AND BACKGROUND
Matthew S. Pemble-applicant/owner, requests a variance to permit the creation of a
detached garage with a 0.5'side yard setback. Section 30-19 (B)(4)(b)(v) of the Oshkosh
Municipal Code: R-2 Two Family Residence District requires a 2.5' side yard setback.
The subject .14 acre property is zoned R-2, Two Family Residence District and is
rectangular in shape (50' x 123.8'). The current dwelling is being used as a single-family
residence and the general area can be characterized as low-density residential. The
subject property is bounded by single-family homes to the north, east, and south.
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? 0
Will granting of a variance result in harm to the public interest?
According to City Records, the existing garage is 50+ years old, approximately 12'x18'
(216 square feet) in size, and has a 0' side yard (north) setback. The applicant is
proposing to raze the existing garage and construct a new 22'x26' (572 square feet)
detached garage in the northeast corner of the rear yard.
The petitioner states complying with the 2.5' side yard setback (north) requirement will
make accessibility very difficult to the proposed new garage's second stall because of its
proximity to the principal structure. Essentially, an individual would need to drive
beyond the rear of the house, turn sharply to the right and then quickly straighten out to
access the second stall. The applicant believes by relaxing the setback standard from 2.5'
to .5' the potential awkward vehicular maneuvering could be avoided
No adverse effect on surrounding properties would occur according to the applicant
because the proposed new garage would be placed near the abutting property (1215 W.
Bent Avenue) to the north's rear yard garage. Likewise, the property to the north has an
existing large blue spruce tree that would buffer the visual impact the proposed new
garage.
The location of the principal structure on the subject lot is the special condition that
applies to this parcel in the petitioner's opinion. Approximately 11.5' feet exist from the
lot line to the north end ofthe house for a driveway. This distance does not allow for two
vehicles to be placed next to one another until you get behind the house. If the variance
were not granted the applicant feels an unnecessary hardship will be imposed because
tenuous access conditions to the garage will occur.
1
STAFF REPORT
ITEM II
-2-
BOARD OF APPEALS
JUNE 13, 2007
.;'
Staff feels no adverse impact or harm to the public interest would occur by granting this
variance. The proposed garage would have the most impact on the lot to the north.
However, as the petitioner states in his application, the proposed garage would not
interrupt any sightIines as it would be proximate to another garage and a large spruce tree
will provide adequate year round visual buffering.
Additionally, when analyzing the remaining neighborhood block, the proposal appears to
be consistent with existing neighborhood conditions. . In fact, a mirrored configuration
exists at 1209 W. Bent Avenue and 1509 Walnut Street where abutting properties have
their detached rear yard garages close in proximity with minimal setbacks.
RECOMMENDATION
Based on this information, staff recommends approval of the variance requested.
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Please TvDe or Print in BLACK INK
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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 reuroducible site ulan (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:
1506 Spruce Street, Oshkosh
Petitioner:
Matthew S. Pemble
Home Phone: (920) 231-8817
Petitioner's Address:
1506 Spruce Street, Oshkosh
Work Phone: (920) 426-4835
Signature Required:
Date: May 10, 2007
Owner (if not petitioner):
Same
Home Phone:
Owner's Address:
Signature Requir~d: ~
Work Phone:
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Date: ;;:-/(7/0 '7
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:
We plan to build a two-stall daraae in our backyard. The demensi ons wi 1] h~
approximately 22 feet wide by 26 feet long. The current setback r~qlIir~m~nts
are two and one half feet from the side property line
How~v~rr th~ location
of the principal structure will make.:iC:C:~Els to th~ s~c:ond eta] ]'V~ry di Hi Cl1H.
In obeyina the current setback. andindi vi<iual wc:mld need to dri ve b~,!?ond the
t~~ grLHcipal structure. turn sharply tn the ri gJi:it~ th~n qui ckl y'-strai ghtpn
out to reach the second stall. Adjusting thp s~thack of thR gArAgp from TWt"l
and one half feet to one half foot would h~]p to PASP ThAT c'lifficll1TY
SUBMITTED BY APPUCANT
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2. Describe how the variance would not have an adverse effect on surrounding properties:
There will be no changes to the layout of my property where it adjoins the
the properties to the South, Eas~, and NorthWest. The garage will be built
in the NorthEast quadrant of my property - which adjions the property addressed
as 1215 W. Bent Avenue. Where these two properties intersect, 1215 W. Bent has
A two stall qaraqe and also a larqe Blue Spruce tree, both near the South end
of the property. My propesed qaraqe would in no way inhibit the view or full
use of that property.
3. Describe the special conditions that apply to yout lot or structure that do not apply to surrounding lots or
structures:
This would be the location of the principal structure on the lot. I have just
under 12 feet from the lot line to the Northern end of the house for a driveway.
This distance, while comfortable for one vehicle, does not allow a second
~~Rigi~ to be placed next to the first until we get behind the house.
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4. Describe the hardship that would result if your variance were not granted:
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SUSMITIED BY APPLICANT
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BOA
1506 SPRUCE ST
6/13/07
JOHNSON ERIC J/ANNMARIE
1215 W BENT AVE
OSHKOSH WI 54901 2801
DELEEUW ANDREW
1302 LAMAR AVE
OSHKOSH WI 54901 2744
KLINGER PROPERTIES INC
1910 HARRISON ST
OSHKOSH WI 54901 2344
.1509 WALNUT ST
STEINBERG DENNIS P
1503 WALNUT ST
OSHKOSH WI 54901 2845
NAULT JONATHAN P
1502 SPRUCE ST
OSHKOSH WI 54901 2839
MATT PEMBLE
1506 SPRUCE ST
OSHKOSH WI 54901 2839
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MULLER FREDRICKM/LORI
1221 W BENT AVE
OSHKOSH WI 54901 2801
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PEMBLE MATT S/ROCHELLE
1506 SPRUCE ST
OSHKOSH WI 54901 2839
KRIZ ROBERT S/ANN
1209 W BENT AVE
OSHKOSH WI 54901 2801
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and state offices and other sources .freeting
the Rrea shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
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Attachment to BZA Packet 06/13/07
1506 Spruce Street
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View of north property line looking east
Alternate view of north property line looking east
10
really stretch to justify approving her request. She also suggested that Ms. Nabbefeld might want to
contact a lawyer to see if she can recover her costs from the contractor.
Finding of Facts
**********************
Ms. Hentz asked Mr. Muehrer if the city could send information to the contractor in regard to
required permits and codes since this contractor is doing business in Oshkosh and there seems to be an
ongoing problem with him.
Mr. Muehrer said he would coordinate with Allyn Dannhoff, Director of Inspection Services. He
thought Allyn was aware of this contractor.
M r. Carpenter asked if contractors Were licensed by the city.
Mr. Muehrer said he thought they were but would check with Mr. Dannhoff.
.........................................................................................
'-. II. 1506 SPRUCE ST
Matthew S. Pemble-applicant/owner, requests a variance to permit the creation of a detached garage
with a O.5'side yard setback. Section 30-19 (B)(4)(b)(v) of the Oshkosh Municipal Code: R-2 Two
Family Residence District requires a 2.5' side yard setback.
The subject .14 acre property is zoned R-2, Two Family Residence District and is rectangular in shape
(50' x 123.8'). The current dwelling is being used as a single-family residence and the general area can
be characterized as low-density residential. The subject property is bounded by single-family homes
to the north, east, and south.
Mr. Muehrer presented the item.
Mr. Matthew Pemble, 1506 Spruce St, applicant passed photos to the Board that showed how difficult
the approach would be if he met the required setbacks.
On viewing the photos Mr. Penney asked if there was a fence on the property.
Mr. Pemble said yes, 1215 Bent has the chain link fence. The garage would be built within 1/2 foot of
the fence. The footings for the garage would be 1-112 feet from the lot line. The overhang on the
garage will reduce it to Yz footA
Mr. Penney asked if the owners had issued any kind of statement in regard to the request.
Mr. Pemble said he talked with the owners (Eric and Annmarie Johnson) and their only concern was
regarding water displacement. Mr. Pemble had agreed to install gutters so that water would run off
away from the rear corner of Mr. Johnson's prop~rty.
Board of Zoning Appeals Minutes
7
June 13, 2007
Mr. Penney asked ifhe had anything in writing to that effect.
. Mr. Pemble did not.
Mr. Carpenter asked what Mr. Pemble was going to put in the 1-112 feet between the garage and the
neighbor.
Mr. Pemble said just ~oil. Currently there are weeds that grow between the garage and the neighbor
and he just cuts them down with a weed wacker.
Ms. Hentz said to ease Mr. Penqey's concern regarding the water runoff that there could be a
condition to the approval that gutters be installed. She asked Mr. Pemble if he would have a problem
with that.
Mr. Pemble said he would not.
Mr. Cornell asked how long Mr. Pemble has owned the home.
Mr. Pemble said since February '99.
Ms. Hentz said she will support the request because it is an improvement aesthetically and also from a
safety issue.
Mr. Penney asked if Ms. Hentz supports it with the stipulation that gutters be added.
Ms. Hentz said yes.
Mr. Carpenter said he saw the size of the lot and the placement of the house does create a hardship to
make the turn into the garage. He also would support the request.
Mr. Cornell said he had visited the site and had no doubt that removal of the old garage and the
location of the new garage will be a definite improvement and enhancement to the property and could
see no adverse effect to the neighborhood.
Ms. Hentz asked which neighbor had the water issue.
Mr. Pemble said 1215 W Bent Ave, Eric Johnson.
Mr. Nielsen mentioned that if the variance weren't approved the current garage would continue to
deteriorate. There could be a storage issue and things having to be left outside if the garage were
removed without rebuilding. The variance will allow the area to look a lot more attractive.
M r. Cornell mentioned that the placement of the garage would alleviate any safety issue when/if there
would be any children at this location.
Board of Zoning Appeals Minutes
8
June 13,2007
Motion by Ms. Hentz to approve the request for the creation of a detached garage with a 0.5' side
yard setback with the following conditions:
a. Gutters are to be installed to prevent water runoflto the properties of 1215 and 1221 W Bent
Ave.
Seconded by Cornell.
Motion carried 5-0. Ayes_CornellINie!sonIPenneyICarpenterlHentz. Nayes-None.
Findings of Facts:
Removal of the old garage will eliminate any safety issues.
No adverse effect to the neighborhood.
Position of house would make it difficult to get into the garage with the standard setback.
Charles Showers- icant, Kelly J. Burnett-owner, request the following varianc
creation of a new single- ry office building with off-street parking:
permit the
Required (Section 30-36 C(3)(e))
IV) 18' parking space depth
Proposed
14' transitional yar tback
4' 10" transitio yard setback
10' transi' al yard setback
Required (Sectio -35 (B)(l)(c))
I) 25' transitional yard setba orth)
11) 19'3" transitional yard setbacK st)
III) 19'3" transitional yard setback (sou
The subject 0.14 acre (approx. 6,155 sq. ft.) proper is zoned Central Commercial District and is
located on the southwest corner at the inters IOn of W. 6th'p;' ue and Ohio Street. The lot is
rectangular in shape (approximately 68'x 9 and the general area be characterized as mixed
commerci al- resi dential.
Mr. Muehrer presented the item.
Mr. Charles Showers, 619 W. Ave., applicant said the previous drawing for the bm' was torn
up. He had met with Todd ehrer and David Buck, Planners with the City of Oshkosh an ether
they had created somethi even better than what had been previously proposed. All the aspha at
was not going to be us for driveway/parking was eliminated and turned into grass. He feels tH y
addressed all the co ems that the board had.
~ L arpenter asked if Mr. Showers was now ll._ ,,:,"'ner.
.-J.44. 3howers said his son Mark, IS acw<111J Ll - ~}vner.
Board of Zoning Appeals Minutes
9
June 13,2007