HomeMy WebLinkAboutLetter-Board of Appeals approval
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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
htto://www.ci.oshkosh.wi.us
Jackson R. Kinney
Director
Dept. of Community Development
OJHKOJH
ON. THE WA.ER
Darryn Burich
Director
Planning Services Division
October 11, 2007
Mr. Allen J Wallace
1842 Mount Vernon St
Oshkosh, WI 54901
Re: 1842 Mount Vernon St
Dear Mr. Wallace:
On October 10, 2007 the Board of Appeals approved a variance topermitthe creation of an asphalt
driveway with a 0' setback.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on October 11, 2007. Per Section 30-6(C)(3) and (4) of the City of
Oshkosh Zoning Ordinance, your variance will expire on April 11, 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.
Re~~
Todd Muehrer
Associate Planner/Zoning Administrator
TMlkjg
CC: Inspection Services Division, City Hall
.
OJHKOJH
ON "THE 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
OCTOBER 10, 2007
3:30 PM
To Whom It May Concern:
Please note the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 10,2007 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 AUGUST 8,2007 MINUTES
APPROVAL OF AUGUST 22, 2007 MINUTES
HEARING OF NEW APPEALS AND APPLICATIONS
I. 1842 Mount Vernon Street
Allen J. Wallacf-applicant/owner, requests a variance to permit the creation of an asphalt driveway with a 0'
setback. Section 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street Parking and Loading Facilities
requires a driveway to be a minimum of6" from a side lot line.
II. 504 & 506 KnalJp Street
Dennis E. Schwab-applicant, 504 Knapp Street LLC & 506 Knapp Street LLC owners, request the following
variances to permit the creation of a new off-street parking area:
Required (Section 30-25 (B)(2))
I) 25' front yard setback (west)
II) 25' front yard setback (north)
Proposed
11 ' 6" front yard setback (parking)
12' front yard setback (parking)
Required (30-35 (B)(1)(c)
III) 19'2" transitional yard setback (east)
Proposed
11' 6" transitional yard setback (parking)
III. 2404 Harrison Street
Steven & Darrell Thoma-applicants/owners, request a variance to limit the amount of solid fencing required
to enclose an open storage area. Section 30-30 (B)(7) of the Oshkosh Municipal Code: General Industrial
District requires open storage areas to be enclosed by solid fencing not less than 6' in height.
IV. 207 E. Irving Avenue
Corey Godina (Mitech Services)-applicant, Dale School Apartments Inc.-owner, request a variance to permit
the placement of non-residential accessory structures with a front yard setback of 10' and a side yard setback
of 3'. Section 30-19 (B)(4)(g)(ii) of the Oshkosh Municipal Code: R-2 Two Family Residence District
requires a front yard setback of 25' and a side yard setback of 7 ~' .
DISCUSSION OF BOA PROCEDURES
.
STAFF REPORT
BOARD OF APPEALS
OCTOBER 10, 2007
ITEM I: 1842 MOUNT VERNON STREET
GENERAL DESCRIPTION AND BACKGROUND
Allen.1. Wallace-applicant/owner, requests a variance to permit the creation of an asphalt
driveway with a 0' setback. Section 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street
Parking and Loading Facilities requires a driveway to bea minimum of 6" from a side lot line.
The subject 0.16 acre (approx. 7,084 sq. ft.) property is zoned R-2 Two-Family Residence
District and is being used as a single-family dwelling. The parcel is bordered by single-family
homes to the east and south, while a two-family dwelling exists to the north. The general area
can be characterized as a low-density residential neighborhood.
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? .
Will granting of a variance result in harm to the public interest?
The applicant is requesting a variance to improve (i.e. asphalt) the surface of an existing gravel
driveway located on the north side of the property. The proposed improvement would . leave the
subject property with a 0' side yard setback for the driveway. An encroachment agreement (see
attached) currently exists with the abutting property to the north (i.e. 1848 Mount Vernon Street)
because the existing gravel driveway extends approximately 3.5' over the lot line. Other than the
upgraded surface improvement, no other changes are being proposed with this request. It should
be noted that a letter of approval from the abutting property owner (see attached) has been
included for the proposed project.
In the applicant's opinion, the variance would not have an adverse effect on surrounding
properties because several of the surrounding properties in the area have similar circumstances.
The applicant feels the special condition that is applicable to the subject lot is the limited area
between the edge of the house and the north lot line to establish a functional driveway. If the
variance was not granted and a code compliant driveway was installed, the property owner would
only have approximately 8' between the house and the outside of the driveway. A hardship
would occur if the variance were not granted because the property would have a narrow driveway
approach, which could induce safety hazards.
In staffs opinion, the substandard lot width (i.e. 50') is creating a justifiable hardship for this
particular parcel. A unique limitation is in place due to the proximity of the principal structure to
the north lot line. The variance is not detrimental to the adjacent property as an encroachment
agreement is already in place and the petitioner has received consent from the other affected
property owner. In general, no harm to the public interest would occur with the granting of the
variance.
1
STAFF REPORT
ITEM I
-2-
BOARD OF APPEALS
OCTOBER 10, 2007
RECOMMENDATION
Based on the information provided within this report, staff recommends approval of the variance
as requested.
2
ENCROACHMENT
AGREEMENT
Document Number
Document Title
14oCollLf
6~2-1()(,
10 .' l. Lf fA IN\..
Recording Area,
Name and Return Address
Allen J. Wallace
Sandra S. Wallace
1842 Mount Vernon St.
Oshkosh, WI 54901
Parcel Identification Number (PIN)
915-0327-0000 &
915-0326-0000
This information must be completed by submitter: document title. name & return address. and PIN (if required). Other information such as
the granting clause, legal description, etc., may be placed on this first page ofthe document or may be placed on additional pages ofthe
document. Note: Use ofthis cover page adds one page to your document and $2.00 to the recordina fee. Wisconsin Statutes, 59.43(2m).
WRDA HB Rev. 1J812004
3
ENCROACHMENT AGREEMENT
THIS AGREEIvlENT is made and entered into this day of June, 2006, by and
between AllEN J. WALLACE and SANDRA S. WALLACE, as husband and wife, (hereinafter
referred to as "Owner 1") and CHRISTOPHER L. PROPP and LOIS A PROPP, as husband and
wife, (hereinafter referred as "Owner 2").
RECITALS
1.01 Owner 1 is the owner of certain real estate located at 1842 Mount Vernon Street, City of
Oshkosh, Winnebago County, Wisconsin, which real estate is legally described as
follows:
Lot Four (4) ofBlockB of Hilton & Gruenwalds' Addition in the Fifteenth Ward, City of
Oshkosh, Winnebago County, Wisconsin (hereinafter referred as "Property 1")
1. 02 Owner 2 is also the owner of certain real estate located at 1848 Mount Vernon Street,
City of Oshkosh, Winnebago County, Wisconsin, which real estate is legally described as
follows:
The South ~ of Lot Two and all of Lot Three (3) ofBlockB of Hilton & Gruenwalds'
Addition in the Fifteenth Ward, City of Oshkosh, Winnebago County, Wisconsin
(hereinafter referred to as "Property 2")
1.03 Property 1 and Property 2 are adjacent to one another, as shown on Exhibit "A".
1.04 The driveway serving the Property 1 encroaches upon the south side of the Property 2, as
shown on Exhibit "A".
1.05 The area of encroachment is legally described as follows:
Beginning at the Southwest Corner of Lot Three (3), Block G of Hilton & Gruenwalds'
Addition in the 15th Ward to the City of Oshkosh, Wisconsin; thence north, along the
west line of said Lot Three (3),3.50 feet; thence east, parallel to the south line of said Lot
Three (3),35.00 feet; thence southeasterly, to a point on the south line of said Lot Three
(3) which is Sixty (60) feet east of the Point of Beginning; thence west, along the south
line of said Lot Three (3), Sixty (60) feet to the Point of Beginning (hereinafter referred
to as the "Encroachment Area").
1.05 The parties desire to enter into this agreement clarifying their rights with respect to the
aforementioned Encroachment Area.
4
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereby agree as follows:
2.01 Recitals. The foregoing recitals are incorporated herein by reference and made a part of
this agreement.
2.02 Permissive Usel.Maintenance. Owner 2 hereby grants permission for the existing
driveway to remain in its current location until such time as it is voluntarily removed by
Owner 1. At such time as the driveway is removed, all portions of the driveway on the
Property 2 shall be removed. Any new driveway shall be constructed entirely upon the
, Property 1. Owner 2 grants Owner 1, permission to make reasonable use of the portion
of the Property 2 immediately adjacent to the aforementioned driveway, from time to
time, solely for the purpose of maintaining and repairing the driveway. '
2.03 Waiver of Adverse Possession Rights. Owner 1 acknowledges and agrees that the use of
the aforementioned portion of Property 2 has been and will continue to be permissive.
Owner 1 hereby expressly waives any potential claim for adverse possession arising out
of any past or future use or occupancy of Property 2.
2.04 Reasonable Use. Owner 1 agrees to exercise the rights granted hereunder in a reasonable
manner so as to avoid any damage to, or unreasonable interference with, Property 2.
2.05 Binding Effect. The provisions of this agreement, including all rights granted, shallron
with the land and shall be binding upon and inure to the benefit of each of the parties and
their respective heirs, successors, transferees and assigns.
IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year
first written above.
OO1-J'w~
Allen J. lace
Sandra S. Wallace
Chris Propp
Lois A Propp
5
Sworn to and subscribed before me
this day of , 2006.
*
Notary Public, Wisconsin
My commission
Sworn to and subscribed before me
this day of, 2006.
Notary Public, Wisconsin
My commission
This document was drafted by:
Kelly 1. Schwab
Attorney At Law, LLC
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RECEIVED
SEP 2'5 2007
COMMUNITY DEVElOPMENT
Date: September 12;'2001
To: Whom it may concern
Re: Permission for At to blacktop on his easement
'We 'the Binder 'Family,at 1848 'Mount Vernon Street, Osbkos~ WI
give-Al'at 1842 MountVemon Street, Oshkos~ WI outpetniission to
blacktop his driveway on his easement. If you bave any questions you
can reach us at Home: (920) 651..0642 Cell: 312-1848
Sincerely,
Jeff & Paula Binder
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8
Please Type or Print in BLACK INK
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Return to: Department of
Community Development
21S'Church Ave.
P.O. Box 1130
Oshkosh, WI S4903-1130
ON THE WATER
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: \ Rt..\ ~ f'I'\.t-, J Q)l f)n{\ S+
Petitioner:--.lX\\.Q (\ ~. \ ~(\\J \0-C e.- ' Home Phone: Y. 2. <0. I ~ nA
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Petitioner's Address: \~'4Z tv\-+. \) 0.1'\ (\01L 'SrWorkPhone:
Signature ReQUi, red: ~I"J.~ f2~ Date: ~'5'6L
Owner (if not petitioner): 5_~ Home Phone:
Owner's Address:
Work Phone:
Signature Required:
Date:
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 s~eet
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:
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2. Describe how the variance would not have an adverse effect on surrounding properties:
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
~ructures:
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tu.qj LiJ) OJ) ~ '\0 bo (L rrl~n'un)(L'{v\' (11 ~iI ('JnC~~ ~o tn~l{-1LQ"
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4. Describe the hardship that would result if your variance :were not granted}. W
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SUBMI1TED BY APPUCANT
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DaUr.Septembet 12, 2007
To: Whom it may concern
Re: Permission for AI to blacktop on his easement
RECEIVED
SEP 1 7 2007
DEPARTMENT OF
COMMUNITY DEVELOPMENT
We the Binder Family, at 1848 Mount Vernon Street, Oshkosh, WI
give AI at 1842 Mount Vernon Street, Oshkosh, WI our permission to
blacktop his driveway on his easement. If you have any questions you
can reach us at Home: (920) 651-0642 Cell: 312-1848
Sincerely,
Jeff & Paula Binder
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SUBMITTED BY APPLICANT
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Attachment to BZA Packet 10/1 0/07
1842 Mt. V mon Street..
View (looking southeast) from Mount Vemon Street
17
Attachment to BZA Packet 10/10/07
1842 Mt. Vernon Street
View looking north at subject property from Mount Vemon Street
View looking east from Mount Vernon Street
18
BOARD OF APPEALS MINUTES
OCTOBER 10, 2007
PRESENT:
Dan Carpenter, Robert Cornell, Dennis Penney, Edward Wilusz, Mark Nielsen, Moss
Ruedinger, Cheryl Hentz
STAFF:
,~ ,'.',.,\~,;
Todd Muehrer, Associate Planner/Zoning Administrator;
Karin Gehrke, Recording Secretary
Chairperson Hentz called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
The minutes of August 8, 2007 and August 22, 2007 were approved as submitted.
I. 1842 MOUNT VERNON STREET
Allen J. Wallace-applicant/owner, requests a variance to permit the creation of an asphalt driveway with a 0' .
setback. Section 30-36 (C)(5)(f) of the Oshkosh Municipal Code: Off-Street Parking and Loading Facilities
require a driveway to be a minimum of 6" from a side lot line.
Mr. Muehrer presented the item. He began by reading a memo into the record received by the applicant
stating he would not be able to attend the meeting.
Board members proceeded with discussion.
Mr. Penney asked for verification that no other changes were being made other than the paving.
Mr. Muehrer confirmed that was correct.
Mr. Carpenter asked if the sidewalk was included in the dimensions of the beginning driveway section.
Mr. Penney, referring to page 11 of the staff report, said the sidewalk does not look to be part of the lO'x36'
section of the driveway.
Mr. Muehrer concurred and said the sidewalk looked to be about 2' wide.
Mr. Carpenter asked if the sidewalk would stay intact and the blacktop would come up to the sidewalk.
Mr. Muehrer said that was correct.
Mr. Cornell referred to the staff report and the mention that the variance would not be detrimental to the
neighborhood. He questioned if the smaller lot size was common in that neighborhood.
Mr. Muehrer said looking at the aerial photo it was determined that it is typical for the area.
Motion by Mr. Cornell to approve the item as recommended.
Seconded by Wilusz
Motion carried 5-0. Ayes-Penney/Wilusz/Carpenter/Cornell/Hentz. Nays-None.
Board of Appeals Minutes
October 10, 2007
Finding of Facts:
The substandard lot presents a hardship.
The property will be improved
There will be no adverse impact on the neighborhood
The lot presents a unique situation.
I) setback (west)
II) tback (north)
11 ' 6" front yard setback (par ng)
12' front yard setback (p mg)
Dennis E. wab-applicant, 504 Knapp Street LLC & 506 Knapp Street LLC owners, request the fo
variances to pe it the creation of a new off-street parking area:
d (Section 30-25 (B)(2))
Proposed
Required (30-35 l)(c)
III) 19'2" transitional yar etback (east)
Proposed
11' 6" transitional y
,I
I
Mr. William Frueh, 1310 Fairveiw St. and Mr. ennis Schwab, 601 Ore on St,; petitioner were present.
Frueh explained that he had met with city staff to ork on the original arking lot plan and they
recommended increasing the setback to meet city c es and plan "B' IS thy 'end result.
Mr. Muehrer presented the item.
Mr.
Mr. Muehrer then explained that the map included wit
Copies of the altered layout (referred to as plan "B") wer istr' ute~. Mr. Muehrer clarified that the
proposed setbacks in the staff report were reflective of pIa ' , bl;l that the incorrect map was in the board
I
member packets /
After copies of plan "B" were distributedj Mr. Frueh we ' on4o s e copies of another plan, "c" which he
wanted the board to consider. He said this altered layo t ,!~id res t in six (6) additional parking stalls.
The investment in the parking lot is around $150,000/ d,will result 1 each parking stall costing around ..
$4,000. He felt it was important that they make the,/ reatest use of the king lot possible. The setbacks
,j
were very near to those in the original layout and,.e asked the board to c sider approving plan "C." Mr.
Frueh gave a brief history of how the current set acks came about and the went on to say the amount of
traffic on 5th Street is far less (probably 200-3/ cars a day) than that ofMu ock Ave. at Jackson St., which
"
is around 12,000 -13,000 cars a day. Therefi / e, the shorter setbacks of 11 '6" d 12' would not create a
traffic problem.
Ms. Hentz asked if neighbors were awm;i of plan "B" as it was not initially include in the staff report.
Mr. Muehrer said no.
Ms. Hentz then said this would my/ the neighbors were not aware of plan "c" either.
Mr. Muehrer said that was corre' t but added that plan "c" is very close to the original layout
neighbors received.
2
October 1 0, 2007
Board of Appeals Minutes