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HomeMy WebLinkAboutBoard of Appeals Agenda - 12/6/1978 BOARD OF ZONING APPEALS AGENDA WEDNESDAY, DECEMBER 6, 1978 3:3o P.M. MEMBERS PRESENT: Howard Fischer, Norman Miller, Mel Carpenter and Ann Hintz STAFF PRESENT: Roland G. Miller, Deputy Director of Community Development Edward Reimer, Chief Building Inspector Nancy J. Pickard, Recording Secretary The roll call was taken and there was a quorum of 4 members present. Mr. Fischer made a motion to approve the minutes of the meeting of Novemger 1, 1978. Mrs. Hintz seconded the motion. The minutes were approved. Mr. Carpenter requested that item II be heard first. II. Appeal by Robert E. Minahan, Agent for George Schneider, owner of the property at 1205-07 Josslyn Street. Appellant proposes to construct a basement for a new two-family residence, with a portion of the basement located within the 100-year Floodplain Hazard area. Robert Minahan, Vice-president of Milcraft Homes, Inc. and the owner, George Schneider were present. Mr. Minahan passed out a plot plan showing the proposed basement. He explained that the house would be setback 25' from both Josslyn and Buchanan Streets. The furnace and the water heater would not be located in the area of the basement which is within the Floodplain Hazard Area. There would be a concrete wall down the middle of the basement, as this is a duplex. The only alternative to receiving a variance would be to fill the lot to above the flood plain elevation, get approval from the Federal Insurance Administration, Department of Natural Resources and the City of Oshkosh to building, and then they would have to haul away the dirt that was excavated for the basement. George Schneider stated that he purchased that property before it was included within the Floodplain Hazard area. He never antici- pated any problems with building on the lot. Mr. Reimer asked if the Board could include an amendment to the motion stating that if it is not feasible to floodproof this building, that the owner be allowed to fill in his entire lot to the Floodplain elevation, This would allow him to apply to have his property taken out of the 100-year Floodplain Hazard Area, (1) Board of Zoning Appeals Minutes December 6, 1978 Meeting ', Page Two ', Mr. Reimer stated that this would avoid Mr. Minahan from having to come back before the Board again, if he finds it impractical to floodproof. Mr. Miller stated that he was informed by the Department of Natural Resources that the board has the power to grant a variance such as the one they are now consideringz without jeopardizing the City's Flood Insurance eligibility. Mr. Reimer stated that before a Building Permit can be issued, an architect or Engineer licensed in this State, must certify that the proposed flood woofing would be consistent with the Oshkosh Flood Plain Ordinance requirements. Mr. Fischer made a motion to approve this appeal, with the amendment that if the property owner finds it impractical or impossible to properly flood proof this property he would be allowed to fill his property to the flood elevation level of 753.05 feet. Mr. Miller reminded the owner that just elevating the property to 753.05 feet would not automatically remove it from the Flood Plain. An engineer will still have to state that this would be sufficient flood proofing, and an application would have to be made to have this property removed. If this variance is approved, Mr. Minahan can have his architect give his opinion of acceptable flood proofing to Ed Reimer, who can then submit his Affidavit to the proper authorities. After this is approved, he can issue a building permit. Mr. Minahan can be building on the property at the same time as he is applying to have it taken out of the Flood Plain if he wishes to do so. Norman Miller seconded the motion. The motion was approved 4-0. I. Appeal by Thomas Binder, Agent for William G. Schneider, owner of the property at 820 Grand Street, proposes to construct an addition to an existing house. The proposed addition would have a side yard setback of 3' 7", whereas a side yard setback of 4.625' is required. Mr. Binder explained that there are windows in this vicinity of the house now, and they want to remove these windows. They would not be extending the house any further than it is now, as they would be using the existing foundation. Mrs. Hintz made a motion to approve this appeal. Mr. Fischer seconded the motion. Motion carried 4-0. Mr. Fischer made a motion to adjourn the meeting. Mrs. Hintz seconded the motion. The meeting was adjourned at 4:20. Respectfully submitted, nJP ~ ROLAND G. MILLER, ', Deputy Director of Community Development