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HomeMy WebLinkAboutZoning Variance (garage) (. f ". ~ OfHKOfH ON THE WATER CITY OF OSHKOSH BOARD OF ZONING APPEALS MINUTES April 1 0, 1996 Members Present: Fred Dahl, Joyce Goers, Reinhard Roehlig, John Schorse. Excused: Chris Baudhuin, Randy Husman, Don Krueger. Staff: Bruce R. Roskom, Principal Planner; Patricia Wendorf, Recording Secretary. Vice Chairman Roehlig called the meeting to order at 3:36 P.M. Roll call was taken and a quorum declared present. Motion by Dahl for approval of the March 27, 1996 minutes as distributed; Seconded by Goers. Motion carried 4-0. Vice Chairman Roehlig stated that 4 affirmative votes are required to approve a variance; if 3 affirmative votes, the item will be laid over; less than 3 affirmative votes, the item is denied. He also explained the process for obtaining building permits, if the variance is approved, or the appeal process, if the variance is denied. I: 92! AND 1001 HAF!Ngy~ygN(J~-~Norm Bock and Carol Lee Norton, owners; Norm Bock, applicant The owner/applicant is requesting a variance to create a substandard lot size having an average lot width of 30.:!:. ft. wide, and a lot area of 7, 147.:!:. sq. ft. with a variance for a 1% ft. side yard setback from the proposed lot line for a detached garage, whereas Section 30-16(B)(1 )(g) Principal Structure of the R-2 Two Family Residence District of the City of Oshkosh Zoning Ordinance requires a 60 ft. minimum lot width and a 7,200 sq. ft. minimum lot area; and whereas, Section 30-16(B)(2)(b) Accessory Structures/Uses of the R- 2 Two Family Residence District of the City of Oshkosh Zoning Ordinance requires a minimum 2% ft. side yard setback for a detached garage. Norm Bock gave a brief history of the property in question and reiterated the variance request. He presented the Board with a letter from Attorney Douglas Marone representing the Estate of Emma Dillman (said letter on file at the City Planning office) stating the encroachment on Mrs. Dillman's property must be removed either by removal of the garage or by making arrangements suitable to the purchaser of the Dillman property and their mortgagee within six months of the date of the letter (February 27, 1996). He stated the owners of the property at 927 Harney Avenue and himself would be trading land to make the lots acceptable for all parties involved. He stated he just wanted enough land to keep the garage within the required setbacks. Motion by Goers for a variance to create a lot with a 30z. ft. lot width with the condition that a 2U ft. side yard setback for the detached garage be provided and that a 7,200 sq. ft. minimum lot area be provided. Seconded by Schorse. Motion carried 4-0. BOARD OF ZONING APPEALS MINUTES PAGE -2- ~ d. APRIL 10,1996 As to the Findings of Fact, Mr. Schorse stated approval of this variance does not have a negative effect on the surrounding neighborhood and by moving the lot line, the owner/petitioner would be satisfying the 2~ ft. side yard setback minimum as well as the minimum square footage of the lot. Mr. Roehlig added we are trying to improve an existing situation. .f. II: 19 & 103 MERRITT AVENUE - Instipach, Inv./Avastarr, owner/applicant The applicant is requesting a variance to convert an existing commercial building to a residentially utilized building with 0 ft. front yard setbacks from Merritt Avenue and Jefferson Street, a 0 ft. rear yard setback, a 5 ft. side yard setback, also to provide 1,279 sq. ft. of lot area per dwelling unit and to create a new lot with a lot depth of 63 ft. and a lot area of 3,780 sq. ft.; whereas Section 30-24(B)(1) Standards of the C-4 Central Business District of the City of Oshkosh Zoning Ordinance requires that all residential structures meet the minimum basic district standards of the R-5 Multiple Dwelling District which requires a 25 ft. minimum front yard setback, a 25 ft. minimum rear yard setback, a 10ft minimum side yard setback, a minimum of 1,500 sq. ft. of land area per dwelling unit, a minimum lot depth of 100 ft. and a minimum lot area of 7,200 sq. ft. for new lot creations. Lee Baxandall, 454 N. Main Street, distributed and read a statement/letter (said statement/letter on file at the City Planning office) stating objections to the proposed variance. He stated he is afraid that a mix of commercial and residential uses (especially families with children) would disrupt an already troubled neighborhood. Ben Ganther, 6030 County Road "A", Partner with James Larsen, Architect, reiterated the variance request and stated they would not be discriminating against any families, but noted this is not subsidized housing. They would, however, be making an application to WHEDA for tax credit development. Cal Schultz, 3025 Hunters Place, stated he is a member of Avastarr, stated this project is non-subsidized. They are applying for a Federal tax credit from the Department of the Treasurer which is monitored by the Internal Revenue Service, wherein they agree to keep the rents at moderate income levels. Mr. Schorse inquired as to the reason for the creation of the new lot. Mr. Ganther stated they would like to keep that lot separate for a storage building for a totally unrelated project. If unacceptable to the Board, then their "Plan B" is to use the 60 ft. by 120 ft. lot for parking spaces. Vice Chairman Roehlig inquired as to how many units are being proposed for the project and Mr. Ganther stated there would be 24 units. Vice Chairman Roehlig inquired if there would be adequate parking for this project and Mr. Roskom stated they are required to have 1 ~ parking spaces per dwelling unit which would come to 36 parking spaces and the petitioner is indicating 37 parking spaces, which is sufficient. Vice Chairman Roehlig inquired as to how they propose to enter/exit the proposed storage garage. Mr. Roskom stated the existing layout for the garage is non-functional without the parking lot. They would have to have some sort of easement back and forth. That structure for other purposes or to have that lot sold, they would need all sorts of easement agreements. In staffs opinion, there are too many outstanding issues relative to the garage and parking lot to merit separation of the two. , t . -. BOARD OF ZONING APPEALS MINUTES PAGE -3- APRIL 10,1996 Motion by Goers for approval of a variance for a 0 ft. front yard setback from Merritt Avenue, a 0 ft. front yard setback from Jefferson Street, a 0 ft. rear yard setback, a 5 ft. side yard setback, 1,279 sq. ft. of land area per dwelling unit and a 37 space parking lot with the condition that a 4 ft. high fence from the front lot line (inside of the sidewalk) 25 ft. south, and a 6 ft. high fence to begin 25 ft. from the front property line extending to the existing garages on the adjacent lot be placed along the easterly boundary line of the parking lot, and that the variance to create a 60 x 63 ft. substandard lot be denied. Seconded by Schorse. Motion carried 4-0. As to the Findings of Fact, Vice Chairman Roehlig stated the we are putting an existing building to good use. Using the building should not have a detrimental effect on the neighborhood. Using the garage and existing parking lot across the street, that's something that should be reconsidered to see if there could be a better use put to that. There are certainly no options of providing additional land for setbacks, including reasonable reuse of an old existing commercial building. There being no further business, the meeting adjourned at 3:48 P.M. Respectfully submitted, Bruce A. Roskom Principal Planner