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Home My WebLink About08/9/07-Variance approved (off street parking) ~ 'i!!f!jJ OJHKOJH 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 August 9, 2007 Lowell L and Jay Bruggink 802 Eastman St. Oshkosh WI 54901 Dear Mssrs. Bruggink: On August 8, 2007 the Board of Appeals approved a variance to permit the creation of a new two- stall (18'x 18') uncovered off-street parking area within required setbacks. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on August 9, 2007. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on February 9, 2008 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. Respec~, t ., Todd Muehrer Associate Planner/Zoning Administrator TM/kjg cc. Inspection Services Division, City Hall . OJHKOJH ON TIE WATER 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 AUGUST 8, 2007 3:30 PM To Whom It May Concern: Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 8,2007 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL AND DECLARATION OF A QUORUM APPROVAL OF JULY 11, 2007 MINUTES HEARING OF NEW APPEALS AND APPLICATIONS I. 143 Church Avenue Scott & Nicole Brayton-applicant/owner, requests a variance to permit the creation of a 1.5 story detached garage. Section 30-22 (B)(6)(b)(i) of the Oshkosh Municipal Code: R-5 Multiple Dwelling District requires one story maximum. II. 601 W. 6th Avenue Mark Showers-applicant/owner, requests 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 (west) Proposed 9' transitional yard setback (parking) 2' 10" transitional yard setback (parking) 17'4" transitional yard setback(building) III. 2005 Parkside Drive Erwin Warnke-applicant/owner, requests a variance to reduce the number of required off-street parking spaces. Section 30-36 (B)(8) of the Oshkosh Municipal Code: Off-Street Parking requires two family dwellings to provide two parking spaces for each unit up to three bedrooms plus an additional one-half parking space per bedroom for a unit with more than three bedrooms. IV. 3450 Vinland Street Wisconsin Independent Christian Schools-applicant, Oshkosh Christian School-owner, requests a variance to permit the creation of a sign with a front yard setback of 15'. Section 30-17 (B)(2)( c) of the Oshkosh Municipal Code: R-l Single Family Residence District requires a front yard setback of25'. V. 802 Eastman Street Lowell L. & Jay L. Bruggink-applicant/owner, request a variance to permit the creation of an off-street parking area within required setbacks. Section 30-36(C)(5) of the Oshkosh Municipal Code: Off-Street Parking requires uncovered parking spaces to comply with the front, rear, and side yard setbacks of the principal structure and be screened in accordance with Section 30-35 (I). DISCUSSION OF BOA PROCEDURES l,c ...~ ~'~!>>~~!~P''''~~lJl+~~r::o~:d ~o ..approve the request, . ..' ..,,~ Seconded by"JV1f', ~Wf~4,\_.. ",.,,"'7!'''''~~;w Motion approved 5-0 AyeS':-'Wihf8Z/"Carpenter/CornelUPe1"tff'ey/Hentz. Nays-None. ::::~~~~~~~ Findings of Fact: ~,"'~,,~""'.""'" """"""'''''''''''t~'''''''~ ":!''It'~'''' .",.l:~~ Having the sigrzi~~,t:u;p+frer7JCick presents a safety issue,~,~ "!,,,:;!J:J~..j,#.rti511(j~~rse af!ect to. the ~eighborhood by leaving it at its current setba~, . ~fkl~.plJ.J..$j.J?J.g,~lrs"J;),Ir;JJ::Jg..,gJ:,.~4,."",,,,,,,'r'"''''''''~'''''"!""'.'~S""""'r"'''''''''''''''.''''''''f",~'''''''_'''''''''''''' ,...."""'~""..,""',..~ V. 802 EASTMAN STREET Lowell L. & Jay L. Bruggink-applicant/owner, request a variance to permit the Qreatio.n.of.an off-street. parking area within required setbacks. Section 30-36(C)(5) of the Oshkosh Municipal Code: Off-Street Parking requires uncovered parking spaces to comply with the front, rear, and side yard setbacks of the principal structure and be screened in accordance with Section 30-35 (1). Mr. Muehrer presented the item Mr. Muehrer then read a letter from Steven and Gudrun Hemminghaus, owners of224 E. Lincoln Ave. that questioned the location and size of the driveway approach. He went on to explain that the code only allows for a 24' wide approach. Ms. Hentz asked what their actual concern was. Mr. Muehrer said the Hemminghaus' concern is that the driveway approach would be expanded from the existing location. Ms. Hentz then asked if the driveway needed to be asphalt or concrete. Mr, Muehrer said it could be either, as long as it is a dust free surface. Mssrs. Lowell and Jay Bruggink, 802 Eastman St., owners were present to answer questions. Mr. Lowell Bruggink confirmed that there would be a new curb cut 24' wide. Mr. Jay Bruggink said the new driveway would be made of concrete, as he does not like the appearance of asphalt. Mr. Lowell Bruggink commented that the property will look much better and it will make parking for four vehicles much easier. Mr. Cornell asked if the new access would be in the same location. Mr. Lowell Bruggink said it would be moved 10ft. south of the current location but would be no larger than 24 feet wide. Mr. Wilusz moved to approve the request. Seconded by Mr. Cornell. Motion approved 5-0 Ayes-Wilusz/Carpenter/Cornell/Penney/Hentz. Nays-None. Board of Appeals Minutes 9 August 8, 2007 Findings of Fact: There is a hardship with the substandard lot. The new parking area will enhance the value of the property. There is no adverse impact on the neighborhood. The request asks for the least required variance. DISCUSSION OF BOA PROCEDURES Mr. Muehrer began by discussing the memo from Warren Kraft, City Attorney that discussed the 3D-day rule for board of appeals decisions as mentioned in Article VIII. The memo clarifies that the 3D-day rule is not a statutory requirement. The 3D-day clock for an appeal does begin from the time the decision is transmitted. Ms. Hentz asked that a copy of the email from Attorney Kraft be kept attached to the Procedures and Regulations for easy reference if the question comes up again. Ms. Hentz then commented that she would like to have the Order of Business (as presented in Article V. #2 on page 3 of the Procedures and Regulations) as well as the Order of Business for Appeals (as listed in Article III #3 on page 2) separated out so as to have easy access to the format to follow when running the meeting. She suggested that these guidelines be available on separate sheets for easy reference. Mr. Carpenter asked for clarification of the title for the board - Board of Appeals or Board of Zoning Appeals. Ms. Hentz mentioned that the title was corrected to be Board of Appeals as that is the way it is listed in the statutes and to change the title would require approval by the City Council. Ms. Gehrke distributed corrected copies of the Procedures and Regulations explaining that Article VIII #2 (V oting) as presented in the mailed version was incorrect. There being no further business,the meeting adjourned at 5:02 p.m. Carpenter/Cornell 5-0. Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 10 August 8, 2007 STAFF REPORT BOARD OF APPEALS AUGUST 8, 2007 ITEM V:. 802 EASTMAN STREET GENERAL DESCRIPTION AND BACKGROUND Lowell L. & Jay L. Bruggink-applicantJowner, request a variance to permit the creation of an off-street parking area within required setbacks. Section 30-36(C)(5) of the Oshkosh Municipal Code: Off-Street Parking requires uncovered parking spaces to comply with the front, rear, and side yard setbacks of the principal.structure and be screened in accordance with Section 30-35 (I). The subject 0.14 acre (approx. 6)32 sq. ft) property is zoned R-2 Two Family Residence District and is located on the northeast comer at the intersection of Lincoln Avenue and Eastman Street. The lot is rectangular in shape (approximately 49'x 121') and the general area can be characterized as primarily single-family with scattered two-family 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 rt$trictions 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 a variance from the Zoning Ordinance to permit a new two . stall (18'xI8') uncovered off-street parking area in the rear yard (north) setback area. The home is currently used as a two-family residence and additional parking is needed according to the applicant. According to City records, the. current two-story colonial home and attached garage were constructed in 1963. The applicant's proposed plans are to construct a 15' wide addition to the existing 20'x20' attached garage and include an improved (concrete or asphalt) two-stall off street parking area to the north next to the garage. The existing garage doors are located on the north side of the structure, however, the garage doors will be located on the west side of the structure upon completion of the proposed 15' wide addition. The proposed off-street parking area will be setback 6' from the north/rear yard lot line and accessed by a tapered approach adjacent to the driveway. The parking area will be visually buffered by code compliant shrubs (i.e. evergreen and at least 5' high at maturity) on the north and east sides. According to the applicant, the variance requests will not have an adverse effect on surrounding properties because the proposed project will aesthetically improve the site for the neighborhood. In the applicant's opinion, the special condition related to the subject lot is the 25' rear yard setback limits its buildable area for parking being on a comer lot. A hardship would ensue if the variance were not granted because the property owner would not be able to provide adequate and necessary parking for the duplex. 1 STAFF REPORT ITEM V -2- BOARD OF APPEALS AUGUST 8, 2007 Staff feels the property possesses a genuine hardship due to its substandard lot width. The Zoning Ordinance currently requires lots to be 60' wide minimum, but the subject lot is only 49' wide. Since the lot is positioned on a comer and approximately 121' deep, the proposed plans appear to maximize the buildable space in a practical manner. This is especially important considering the home is being used for two-family purposes and should be providing four code compliant parking spaces. The subject property currently has nonconforming parking present and the proposed project would bring the property into parking standard conformity. Also, the proposed plans are not anticipated to interrupt the sightlines looking north along Eastman Street since the off street parking spaces will be located behind the principal structure and attached garage. The request appears to be the least amount of variance needed to complete the project effectively. Likewise, the 6' rear yard (north) setback will provide adequate planting room for visual buffering purposes. Overall, staff feels no harm to the public interest will occur with this request and should only enhance the neighborhood. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance requested. 2 Please Tvpe or Print in BLACK INK ~ OJH<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: l?o~ E AS 1m a J1 Petitioner: 1 () v> ell L j c:r- :r~!j J-. I B r Uoo; l1k Petitioner's Address: S ~ ME.. If . I (ij /? I / '\IJ Signature Required: ,:fi!J if "1? .. ,J Owner (if not petitioner): st Home Phone: ~33 - Fi/35 S;l7 - Jl80 'S" If i( L(()l(; ell Work Phone: Date: ., - J 8"07 Home Phone: Owner's Address: Work Phone: Siguature Required:. ~ ~~ Date: 7 ~/i-Q'f 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.) 3 \ ~U\ 0'1 "1\ cL.yAo' 2. ~ 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or . t structures: . L 1- l C } .~.L ..L Qe\V1lJ UJe C{;1"e <!Jh Q.., Ct)r-he/"~ 'tJ l CfJ..rte}O- . 04r? 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Thl! dra.....z b 0 .omlH1oli... or _onll, doli and information loeated iIl'V.now chy, county and state omca ARd otller 'OI1l'Cel affecCinl: the area .bown and it ir to be URd for reference. Jlurpooa only. Tho Oil' or O,hkosh I, ..01 .... spomible (D" aD)' inAtcllracies herem cOlItaiocd Irdiscnpcne:aet an found, pieue coatad the. City or Oshkorb. Created by - kjg ,," I I I i I I .! t I I I t I I I , t t ! I I I I I ., I ~ 141 .0' 6.0' o o o ~ ., ? '" V\ -- ..r... 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CJ) c co E ..... en co UJ E Lincoln Ave E. DISCLAIMER This map is neltber Il leglllly rerorded mllp DOr II; slIn'cy and it is nor intended to be used IllI one. This drawing Is a cumpllation ohecords, dot" and information located In VllrlOW city, county and state offices "00 other sources Ilm~(!ting the ftrn shown Il.nd it Is to be Wiled ror rdl:rence pllqxJSes only. The City of Oshkosh is not re- s~-:~::e:;~~ ~:::~:~~::I:o:::~~;:: City of Oshkosh. Created by - kjg 313 802 Eastman St Scale: 1 "= 50' 8 319 ~ N 7/20/07 Source: City of Oshkosh GIS 0' DISCLAIMER This map is neUber R legally recorded map nor a survey aDd it Is Dut inteaded to be wred as Doe. This drawing is a compllatlon.of I'tcurds, data and infonnatioD located In variow city, COllOty and statt oNlces and otber sourcesllffecting the area sbown and It Is to be used for reference purposes only. The Oty of Oshkosh Is not reo- spol1!llbk for any inaccuracies herein COIltalned. If dlscrepeDeieS are found. please cuoiact Ibe City of Oshkosh. Created by - kjg ~ CO 141.0' 6.0' I- en z <( ~ I- en <( w E LINCOLN AVE 305 802 Eastman St Scale: 1"= 30' 9 b . o CO 46.0' . 31,~ ~ N 7/20/07 Source: City of Oshkosh GIS I ...,.' ~ ~I" ~Il!l! .. ,~~ ~l.~ u... "', LU '... ~ u..LU Illl!I!!I!IIil -,~-. >.- ".~ u.. 1- ,. IJI'! I- 'llll!l!I! " I~LU~' . Z ' --- ~ ~ l ~ ::::> ""11 l' - ~ .or.. I~ l ~ _.., "'. Ii T. MELVIN AVE. ~' ".l_~15I~,'~21 I. l. "~ III,. .~. ~_\ . ~ fjjf~".w .~ ~~. rt~ ,_ n. I~.- l; ~ .. -;~ _~ Hllil!lill,_ l ~ "" ~ ." ~ ~41. ,n. ;;._ ~I\i" ~ :,.;' ,.n"!il ROCK PL. . ~ ... " gill ~". I. "....., '!JIIII,,~, ' ;.1... r''"li:~-'; -';1':~'i. I:t:'~~iil~i' ~.t ~ ,- '",~ 'fi_I1;Il".~ I ,~ ~. l; _'. -' .,,: ~ ~tl .- z , '" _ o llll1 ,; .,. CI) , I 1 ~I~~~'f~ ,., LU ' 0 ~ ImII!i S \\lI!lW ~ . E.... 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F N I 15 " ~ , .U' .,' ., H' lD I ., .. E. ~ IRVING '9 B'I' .. ~. I- .' O. IB -1IlI~ ..lR : I !ill:_ IB.~." DISCLAIMER Tbis map Is neither III legally recorded map nor a survey and it is not intended to be used Ill> ODe. This dnlwlng Is III compilation of records, data llInd information loclIowd in valin.s diy, county lInd stote offices and other lIOllrces affecting the $lrea shown IlDd It is to be used Cor rderence purposrs only. The City of Oshkollh is not re- sponsible for any inaccuracies herein contained. It dlscrepeDcies are found, piChe coomet the City of O.!lbkOllh. Created by - kjg _!!ill l- ..!'8 ~.'i!\l'I __, l'! pi ,. ~ _.,~ .- ; . E.MELVIN AVE. 'V.... I~" ' 1;;1 :1 ,-" ~4"1 ^ \ Ir- 2117 802 Eastman St Scale: 1 "= 250' 10 ~57 ., ., ., -- .." JIl" 110' ... Il'~ ~i.~ 'i I~ , ..~; ;iiiill'llll: '" ~ -..s; i~_-~ l i!\l'I.~ till'.~ ; .,.~ 1~1i'.' i ~ .~Si I_ -n II' ; II 'H.~ ~.- .I,'lr ,~.~ ~~ ~ ~ ~.' ;>----' !' ~g CI) I~ '''' ~~ .ow ""I i3 '~~"~3 E,''\.! III , , ." ,n". ..... ,,," . . --, ,R 8 .!iltDJ~1l "III · · .. ~. ~.' -- ~ ~i ~ N 7/20/07 Source: City of Oshkosh GIS DISCLAIMER Scale: 1"= 20' ~ N 7/20/07 This map is neither II legaUy recorded mup nor a survey DDd it is not intended 10 be W1ed &5 one. This drawing b a compilation of records, datil and lnCorJRution located in nrious diy, counly and stale offil:eli and other sources arrectlng the lU'le8 shown nDd it Is 10 be used ro,. refu-ence purposes {luly. The City or Oshkosh Is not re- sponsible 101' any loacC'Urades bereln l:Ontlllned. It discrepcndes lire found. plnse ,"on tad tbe City of Oshkosh. 802 Eastman 8t Created by - kjg Source: City of Oshkosh GIS 11