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HomeMy WebLinkAboutZoning letter BOARD OF ZONING APPEALS MINUTES June 20, 1990 PRESENT: Anne Hintz, Don Krueger, Scott McDonald, Kevin McGee STAFF: Bruce A. Roskom, Principal Planner; Diane witzke, Recording Secretary Chairman McGee called the meeting to order at 3:35 PM. Roll call was taken and a quorum declared present. Due to a four member Board, Mr. McGee informed the applicants that four affirmative votes would be required to approve a request. A 3-1 vote for approval would lay the appeal over for consideration until the next meeting. The minutes of June 6, 1990 were approved as distributed. I. 248 W. 17TH AVENUE - Howard Zentner, applicant/owner The applicant is requesting a variance to construct a detached 9arage with a 48 ft. front yard setback; whereas section 30-16(B) (2) (il) of the City of Oshkosh zoning Ordinance requires a 60 ft. minimum front yard setbck for detached garages in the rear yard. In answering questions from the Board, Mr. Zentner explained the following: He removed an old garage which was in poor shape and would like to construct a new garage. There is no other location to put the garage and meet the front yard setback. Motion by Hintz to approve a variance to construct a detached garage with a" 48 ft. front yard setback. Seconded by McDonald. Motion carried 4~0. Regarding the findings of fact, Ms. Hintz stated because of the small size of the lot it is not possible to place a detached garage on this property without a variance and this is the minimum variance possible. There will also be no negative impact. o 1124 HARNEY STREET - Don Nelson, owner; Russell Cherney, applicant "' The applicant is requesting a variance to construct a detached garage with a 17 ft. front yard setback; whereas section 30-16(B) (2) (d) (i) of the city of Oshkosh Zoning Ordinance requires a 25 ft. minimum front yard setback or the same front yard setback as the existing principal structure. In answering questions from the Board, Mr. Nelson and Mr. Cherney explained the following: The existing driveway to the existing garage is not long enough which results in vehicles hanging over the sidewalks. That driveway fronts on Frankfort Street and the vehicles have often been subject to thefts. The existing garage is in poor shape and needs replacing. The existing driveway will be removed and a new driveway will have an entrance on Harney Street. Mr. Nelson originally wanted a larger garage but has reduced the size of the garage to get the minimum variance necessary to construct a garage. The structure will not be any closer to the lot line than the existing garage. The actual size of the garage might be downsized in order to leave room to park his boat between the garage and the house, but the requested 17 ft. setback would remain the same. BOARD OF ZONING APPEALS PAGE TWO JUNE 20, 1990 Mr. Roskom explained the Ordinance allows corner lots to have a garage with the same setback as the principal structure. The house extends further into the setback towards Harney Street than the proposed garage, therefore a variance is only needed for the portion of the garage facing Frankfort Street. Motion by McDonald to approve a variance to construct a detached garage with a 17 ft. front yard setback with the condition that the existing driveway on Frankfort Street be removed within 6 months from the date of the variance approval. Seconded by Krueger. Motion carried 4-0. Regarding the findings of fact, Mr. McDonald stated the applicant is not responsible for the placement of the original structures on the property. There is no negative impact and this is a net gain. 2939 JACKSON STREET - Elks Club" owner; William Aubrey, applicant The applicant is requesting a variance to utilize an existing parking lot with a 5 ft. front yard setback for construction of a new Elks Club; whereas section 30-30(B) (5) of the City of Oshkosh Zoning Ordinance requ'ires a 25 ft. minimum front yard setback for parking lot construction. III. In answering questions from the Board, Mr. Aubrey explained the following: The Elks Club wants to const~uct a new clupand d~molish the existing building. There is an existing asphalt parking lot that is currently within 5 ft. of the front yard setback. If they have to locat~ the parking in another location they will have to demolish a grove of trees or two other buildings. They are removing asphalt along the' side yard to meet the setbacks., The area across the street is zoned M-3 Heavy Industrial and could be built upon up to the front lot line. There are no immediate adjacent properties that have the same charcter as this property. The proposed area for the building is the only open place to locate the structure on this lot. Discussion ensued on the surrounding setbacks of adjacent properties which have at least a 25 ft. front yard setback. Allowing a 5 ft. variance on this property would set a precedent and possibly affect future development in this area. There was discussion on the possibility of constructing a smaller building or taking down another building. Mr. Aubrey stated this request is for an existing situation. They intend to take out 5 ft. of the parking lot and landscape. If they reduce the size of the building it would have to be reduced by 750 sq. ft. which would not be large enough to sufficiently meet their needs. The Elks Club would use the front of the proposed building exclusively and the other half of the building is to be used as a ballroom. The ballroom use (if considered by itself) would not require as many parking spaces as the lodge use. Motion by McDonald to approve a variance to utilize an existing parking lot with a 5 ft. front yard setback for construction of a new Elks Club. Seconded by Hintz. Motion d~nied 0-4~ Regarding the findings of fact, Mr. McDonald stated there are viable alternatives.