HomeMy WebLinkAboutZoning for 2-family residence
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BOARD OF ZONING APPEALS
APPEALS
PAGE SIX
JUL-r 15~ 1987
m::ETrNG
~ 1710 WEst~ StE$ET - Mohammad Farsad
Mr. Lamine explained the applicant is requesting a variance to construct a
2nd stor~ addition in order to convert a single story single family home
to a ttvo family residence with a 7 ft. 11" side yard setback and with a
5~452 sq. ft. lot; whereas the Ordinance requires a 7.5 ft. side yard
setback and a 6,000 sq. ft. lot.
Mr. Farsad stated the house does not have a basement and their house is only
26 'x26'. I live with my sister, brother-in-law, niece and nephew.
Mr. Nitkowski said that is a very small house.
Mr. Neu asked with a slab foundation?
Mr. Farsad replied yes, with walls made of cement block.
Mr. Nitkowski said he is concerned about being a 2 family house.
Mr. James Manske came forward to represent tbe following persons:
Dave Burns, 1714 Western St.; Larry Olson, 1720 ~vestern St.; Richard Marks,
1713 Western St.; Ann Schipper, 1717 Western St.; Mr. & Mrs. Raymos,
1703 Western St.; and Walter Hansen 718 Hobbs Ave.
Mr. Manske stated all of these people object to allowing a two family
situation on this lot. It is a single family area. It is my understanding
that Mr. Farsad does not own the home. Also this Wasbl.li1.ton a concrete
slab and placed on a very small lot. It is extremely crowded over there.
Theneighbors are not very happy with the way the current occupants are
handling the situation. They think they are running an auto business over
there. they als~ feel tbat the blacktop at 1713 Western was torn up because
of a1.l the co~otion On the subject property. There is one unlicensed vehicle
on the property. the neighbors feel that to double the family situation will
double the problems already there.
He stated
hardship.
variance.
because he
further that this is a situation where we do not
All the neighbors but one in the area object to
The immediate neighbor does object but I am not
does not want to get involved.
feel there is any
this proposed
representing him
Mr. Nitkowski stated a two family dwelling in that neighborhood would cause
a lot of problems to develop.
Mr. Lamine said the records that he checked show the homes as being one family.
Mr. Nitkowski asked you are not an owner yet?
Mr. McGee stated we have addressed many situations where people place offers
to buy conditional on the passing of a variance.
Mr. Manske stated you have to keep the character of the neighborhood in mind.
People purchased their homes with the intent of living in a one family
neighborhood. When Mr. Kubasta purchased this property he knew what he was
getting.
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BOARD OF ZONING APPEALS
APPEALS.
PAGE FIVE
JULY 15~ 1987
MEETING
Mr. Lamine stated the layout of the house is somewhat unusual.
Mr. McGee asked what is the hardship here?
Ms. Hintz stated the whole house is small.
Mr. Nitkowskisaid you must look at the character of the neighborhood too.
Mr. Joseph Dimpfl, 1040 Bowen Street, stated everything the Wagners have
done to their property has enhanced the neighborhood. The existing shrubbery
will still be there.
Motion by Nitkowski to move approval of a variance to construct a building
addition to the south side of the hOIlle with a 5 ft. side yard setback.
Seconded by Neu. Motion carried 4-1 (McGee).
Regarding the findings of fact, Ms. Hintz stated this is an old home that
predates the Ordinance. It is also a corner lot that is so situated that
green space is evident. The intrusion i!'i for only 21 feet of the house
and the house is 50 ft. back f1:'om the road. The negative impact on the
neighborhood will barely be detected. This 1.S a "riice uprove}i1eri.f on the home.
Mr. McGee stated he did not feel that a hardship was demonstrated. I felt
they could extend the living space into the patio area. The desire does not
constitute a hardship.
V. 808. WAUGOO . AVENUE - James E. Schreiber
Mr. Lamine explained the applicant is requesting a variance to convert a
single family residence to a two family residence with a 6ft. side yard
set!'ack; whereas the Ordinance requires a 7~ ft. minimum side yard setback.
Lisa O'Kon, 808 Waugoo Ave., stated the only thing Jim wants to do is put
an apartment upstairs. We just want to add a stairway to the upstairs.
There is already a fence where the property lines are. The fence is 8 ft.
in back of the house and back of garage for 12 ft.
Mr. Neu asked how old is the house?
Ms. O'Kon replied 80-100 years.
Mr. McGee asked where will the stairs be placed?
Ms O'Kon replied the stairway will be in the front of the house and on the
inside.
Motion by Nitkowski to move approval of a variance to convert a single family
residence to a two family residence with a 6 ft. side yard setback.
Seconded by Neu. Motion carried 5-0.
Regarding the findings of fact, Mr. Neu stated the conversion will not make
any changes in the exterior and there will be no further setbacks. There are
older homes in the neighborhood and this will not have any negative impact on
the neighborhood. I think this will be a common occurrence.
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BOARD O'F ZONING APPEALS
APPEALS
PAGE SEVEN
JULY 15~ 1987
!-!BETING
Ms. Hintz stated there is a 10% deficiency in the lot size. Is that too
big a deviance to consider when a duplex goes up?
Mr. McGee stated I have a lot more problems with the 10% deficiency. How
many square fE!et is enough square feet?
\ Discussion ensued regarding various zoning districts required various square
footages.
Mr. McGee stated he would urge this Board to be consistent.
Mr. Nitkowski stated we always take into consideration the impact on the
neighborhood.
Mr. Lamine stated being substandard in size relates to the green area needed.
Mr. 'Farsad asked would rooms added behind the house be allowed1
Mr. McGee stated we have approved variances in the past for people. You
could extend your structure to the back or upward without converting it
to a two family residence. But I do not see how you could build above
or on the side of it.
Mr. Lamine stated the plans would have to be approved by the building inspector.
Motion by Nitkowski to move approval of a variance to construct a 2nd story
addition in order to convert a single story single family home to a two
family residence with a 7 ft. 11 in. side yard setback and with a 5,452 lot.
Seconded by Hintz. Motion denied 1-4 (Hintz).
Regarding the findings of fact, Ms. Hintz stated she does not find a 10%
deviation in the lot size to be a serious detriment. New construction has
apartments the size that this would be.
Mr. Nitkowski stated there was no hardship proven.
There being no further business~ the meeting adjourned.
Respectfully submitted,
CITY OF OSHKOSH
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Chuck Lamine
Principal Planner