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Home My WebLink About2003-Building (fence)OSHKOSH ON THE WATER Job Address 3116 ALGOMA BLVD Designer Category 251 - Fences Type (~ Building Zoning CITY OF OSHKOSH BUILDING PERMIT - APPLICATION AND RECORD Owner DEBRA D/KELLY S KING Contractor OWNER (~Sign ._(~Canopy · Fence O Raze No 0102675 Create Date 07/07/2003 Plan Class of Const: Size Unfinished/Basement 0 Sq. Ft. Rooms 0 Height 0 Ft. Finished/Living 0 Sq. Ft. Bedrooms 0 Stories Garage 0 Sq. Ft. Baths 0 Foundation · Poured Concrete (~ Floating Slab (~ Pier (~ Other (~ Concrete Block (~) Post (~ Treated Wood Occupancy Permit Not Required Flood Plain No Height Permit Not Required Park Dedication Not Required # Dwelling Units 0 # Structures 0 [] Pr~ection 1 Canopies 0 Signs 0 Use/Nature ;omm/Fence / 98 If of 8ff high solid fence as approved by variance granted on June 25, 2003. ANY ADDITIONAL VALUE OF WORK of Work &/ILL REQUIRE ADDITIONAL PERMITS. HVAC Contractor Electric Contractor Fees: Valuation .~/Plan Approval Issued By: ~,1__._._- $0.00 Permit Fee Paid [] Permit Voided~ Plumbing Contractor $20.00 Park Dedication $0.00 Date 07/07/2003 Final/O.P. 00/00/0000 In the per~ormanc orm all work pursuant to rules governing the described construction. Signature ~ ~_~_~ Date AgentJOwner Address 5137 ISLAND RD BUTTE DES MORT WI 54927 - 0264 Telephone Number 426-5408 or 426-183~ JACKSON R. KINNEY Director City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 C).f~-~x,C).J~ Oshkosh; WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX ON THE WATER June 25, 2003 Kelly King 3116 Algoma Boulevard Oshkosh, Wisconsin 54901 Dear Mr. King: On June 25, 2003 the City of Oshkosh Board of Appeals approved your variance to construct an 8' tall solid fence with a 0' rear yard setback. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on June 26, 2003. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on December 26, 2003 unless you have obtained a permit for the activity allowed by the variance. If you fail to get a permit 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) 236-5062. Matt Tucker Associate Planner MT/mld cc: .Inspection Services Division, City Hall STAFF REPORT ITEM II: 3116 ALGOMA BOULEVARD GENERAL DESCRIPTION AND BACKGROUND BOARD OF APPEALS JUNE 25~ 2003 Kelly King, applicant and owner, requests a variance to construct an 8' tall solid fence with a 0' rear yard setback, whereas Section 30-35(E)(4) of the City of Oshkosh Zoning Ordinance requires an 8' tall fence to have a 25' rear yard setback. A mix of residential and industrial use characterizes the general land use of the area. The subject prope~y is zoned M-3, General ~dustrial District. The subject prope~y cm~ent!y is occupied by a health club facility. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: Is there an unusual or unique characteristic about the subject property which creates a hardship? Is the hardship self-created? Is the variance being requested the least possible needed to remove any hardship7 Will granting of the variance have a considerable adverse impact on the neighboring properties? The applicant is requesting a variance to construct a taller fence than permitted, to screen out the legal nonconforming gravel areas and the semi tractor trailer that abuts the rear lot line of the subject site. The subject property and several of the surrounding properties were annexed from the Town of Oshkosh in 1991, and a~e, 4h~grav~eJ~areazan~~i~t~-o~o~o~o~o~9~. e proge~ ~9_~.e l:e~was an existing-c~rrOcitfcm'~.~ Since properties are annexed in their existing state of condition, the gravel area on the neighboring property and the semi trailer used for storage may be maintained at its pre-annexation condition, which does not provide any setback and is surfaced with gravel. The subject site has existing nonconforming setbacks on three sides, and a use that involves indoor and outdoor training facilities. The property was purchased by the current owners in 1997, and converted to the existing use, with the open-air addition installed shortly thereafter. Since the abutting property to the rear has a surface that generates dust, the users of the health club facility must contend with blowing dust during dry or windy periods of time. The variance request would appear to have little adverse impact on the adjacent properties, and it appears that the installation of the 8' tall fence will be an improvement over the current condition. The variance request appears to be the least possible to help resolve conflicts between the two uses. Based on this information staff recommends approval of the variance. DISCLAIMER Existing Zoning ~ N information Ioeatefl in various city, county City of Oshkosh Wisconsin c,r oro,~ko,~. 20~0 Feet Created by- MLD ~ o6/06/o3 Please Type or Print in BLACK INK Return to: Department of' Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also 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.) There is a $125.00 fee for each variance application. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: Petitioner: King's Personal Training and Equipment LTD Petitioner's Address: 31!6 Alfloma Boulevard Oshk~sh~ WI 54901 Signature Required: Owner (if not petitioner): Owner's Address: Signature Required: Home Phone: Wor,,P=o e: Date: Home Phone: Work Phone: Date: In order to be granted a variance, each applicant must be able to prove that an unnecessacy hardship would be created if thc variance is not granted. Thc burden of proving an unnecessary hardstfip rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, ifnecessa~, to provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you~are requ~es~ng a v.a~iance: ~/ ,,~ /~ ..~,,//¢ ' ( i~Descrlbe how the variance would not have an,advecse effect off s. urroundilag,propectle~: ~ ,], (Continued on Reverse Side) sDeStruCribectur~t~., e special conditi?ns ~that ayply to your lot or structure that dolor a~pply to surrountdi~g lots or 4. Describe {he hardship ~{hat would result if your variance were not g~anted: .......... / :~ '/~' ,~' /~,d ¢>14 FOR OF~CEUSE ONLY ~ ADjACE~ ~OpER~f~E~'~ ~,~G ADD~SsES 1) 6) 2) 7) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 4. Describe the hardship that would result if your variance were not granted: FOR OFFICE USE ONLY - ADJACENT PROPERTY OWNERS NVITH MAILING ADDRESSES' 4) 9) 5) lO) ~~ ', I I W. FERNAU AVE. DISCLAIMER Close Up View 3116 Algoma Boulevard City of Oshkosh Wisconsin Community Development 30 0 30 60 90 120 Feet Of HKOfH Created by- MLD N 06/06/03 ect Site DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. 'l~his drawing is a compilation of records, data and information located in various city~ county and slate offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not spdnsible for any inaccuracies herein contained. If dlscrepencie~ are found, please contact the City of Oshkosh. Birds Eye View 3116 Algoma Boulevard City of Oshkosh Wisconsin Community Development 500 0 500 1000 Feet Of HKOfH ON THE WATE~ Created by - MLD N 06/06/03