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HomeMy WebLinkAboutBoard of Zoning Appeals - 7/24/2002City of Oshkosh i De't. of Community Development 215 Church Ave., PO Box 1130 OlHKOIH Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX ON 7HE WATER July 25, 2002 Steve Kosmer 555 Kirkwood Drive Oshkosh, Wisconsin 54904 6569 Dear Mr. Kosmer: JACKSON R. KINNEY Director On July 24, 2002 the Board of Appeals approved your variance to construct a 144 square foot utility storage structure. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on July 25, 2002. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on January 25, 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. Sincerely, ,~~ ~.. Matt Tucker Associate Planner MT/mld Cc: Inspection Services Division, City Hall of City of Oshkosh Dept. of Community Development City Hall 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 (920)236-5059 BOARD OF APPEALS AGENDA JULY 24, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, JULY 24, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF JULY 10, 2002 MEETING MINUTES I: 456 MOUNT VERNON STREET Terry Laib, applicant, and John & Julie Karner, owners, are requesting a variance to reconstruct a front porch that will result in the porch having a 21' front yard setback to Mount Vernon Street, whereas Section 30-22 (B)(4) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. II: 555 KIRKWOOD DRIVE Steve Kosmer, applicant and owner, is requesting a variance to construct a 144 square foot utility storage structure, whereas Section 30-17(B)(4)(e)(iii) of the City of Oshkosh Zoning Ordinance requires utility storage structures be a maximum of 100 square feet. III: 712 WASHINGTON AVENUE Roger & Anne Cutts, applicants and owners, are requesting a variance to construct a detached garage in the front yard area that will have a 4'+ setback to Shawano Avenue, whereas Section 30-21(B)(6)(d)(i) of the City of Oshkosh Zoning Ordinance requires a 25' front yard setback. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236-5059, BETWEEN 8 AM - 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS JULY 24, 2002 ITEM II: SSS KIRKWOOD DRIVE GENERAL DESCRIPTION AND BACKGROUND Steve Kosmer, applicant and owner, is requesting a variance to construct a 144 square foot utility storage structure, whereas Section 30-17(B)(4)(e)(iii) of the City of Oshkosh Zoning Ordinance requires utility storage structures be a maximum of 100 square feet. The general area is characterized by residential land uses, and the subject property is zoned R-1, Single Family Residence District. The subject property is a single family home. 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 hardship? Will granting of the variance have a considerable adverse impact on the neighboring properties? The applicant is requesting a variance to allow construction of a 144 square foot utility shed in the rear yard area. Since the property is not substandard in terms of width and depth, there does not appear to be anything that creates a hardship warranting the granting of this variance. Additionally, the owner does have alternatives to either construct a 100 square foot utility shed without needing a variance, a detached garage, or expand the existing attached garage to a maximum of 1,200 square feet. It is worthy to note that the applicant has recently razed a large shed that had become dilapidated, which was constructed prior to the property being annexed to the City of Oshkosh. Currently, City staff is reviewing a proposed text amendment to the zoning code that would permit utility sheds greater than 100 square feet, but this amendment has yet to be reviewed by the Plan Commission or Common Council. It is anticipated that the zoning code text amendment changes will be presented to the Plan Commission mid to late summer 2002, followed by adoption by the Common Council in the fall of 2002. Considering the recent actions of the Board of Appeals in regard to variance requests for sheds greater than 100 square feet, the proposed shed would be consistent with variance requests and consistent with Staff's recommended zoning code change. The request appears to be based upon the owner's desire to have a larger utility shed than allowed by the Ordinance rather than a hardship, but considering that the new shed will not be larger than what will be recommended during the zoning code update process, staff recommends approval of the variance. Please Tvae or Print in BLACK INK Return to• Department of Community Development 215 Church Ave. - P.O. Boz 1130 Oshkosh, WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete rearoducible site plan (mazimum size 11" z 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: ~ ~~ ~(~ (,~QQ 5 5s5 K~Rk~v~~~~ y ~~~ Petitioner's Address: Signature Required: ~~i~i,..) ~ f~A¢fy'u _ „~~,,, ''7 Owner (if not petitioner):. StJ/1IE Home Phone: v 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 sheet 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: ~~ ~Al~s r~ H~tl~ l~ ~Z~ X I ~~ x ~ ~ J7~~14~ ~~L~ ILSI~~; ~~ ~~ AV - Z.' 3 ~ N~0 ND ' x ~ ' P~A~N~~ ~ s'~u rr~~ Home Phone: ~ 3 . - ~~i% -Work Phone• ~ ~~ 2. Describe how the variance would not have an adverse effect on surrounding properties: a ~ y T~ Tug NGr2-r~! of 11~c NA 5 R f ®' x i 2 ` x -~ ' ~~vx /I , T C~1 KAS S'i~( ~ ~>~ U - ~` N~ D ~ I ~'N~ l~ . ~Rd PE~~i ~ s s~OF~~ ~ R~~~ ~- G ~/,/~N~ ~ ~NinlD -~ Doti '7 ~ v~ N S'~L T~~ S'H~.D . 12` x 1 ~ ~x ~ SNP ~~! ~/~~/~ ~la~a.~c~S. .~ ~~u _Sj D res ~~ (Continued on Reverse Side) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or stractures• G ,~ ~L7 ,~ !~ /s QQ ~X /9~' ~J/E.~y L.~O,L~~ la-r~ 4. Describe the hardship that would result if your variance were not granted: A fo x is `x ~ ~ ~N~J~ -Gvau~J/ ~o~` Loci As ,~ic~ A'S ~0 Y PRoPdsAL~ .~ Gyl~l1/~ Pu2`Nf4 ~C~ ~2 ~ T/LUS~~ 7~/AT .~ t't~0l.~G ~ S~ ~~3Z oa 4 ?~~/~9s ?,s~.~?7 r"~i~ Gi r ~/~ /Y~ y ~i46Pas~ L Gvou~ NA ~~ - 7~N `it/~s~TN~~~ ~nl1~ iQG~INt~J lYl uCf1 ,U'E/~i2G T~S/~"i2 ?//N~ FOR OFFICE USE O LY -ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) RietlA~2~ ~~NN~.t~L~ 6) ~~7 ~ir2«(~~rb,J~ brt~ ~3~ka5~ ~t ~~~a~-~s~3 2) ~~2tr4iJ Rio ~' ~ ~) .~~a k-2KC~a~~ D-~ ~os~l U~t 5~`90~ G~~y ~s~v late x,~, _~if,NL,rL_ ,~'~ t./ ~RGIJT /.3 L'o.,JG~~,J ~e 8) QS~-f/~os~/ u1~ ~s'Yya~/ ~~9/ 4) ~.~i9.tJ.~ ~ ~i4T1,14 !J't.~7n~~ i D,cJ 9) o? 9~ v ~ 1°~l.~~s~~r c`- S f!/~oS~! uJi ~Y~v y ~'9/ 5) s~~ ,~~ /.rl~,~ ~. `~,~J,cl~ U t o) r~~,(%.S~/ Gc1 ~ 4oY~ ,~ l G8 1~ V 5-t~ vE K~~s ~~,~~~ ~~~~~~5~ ~M W ~~ DISCLAIMER Thls map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and intormatioo located in various clty, county and state ott'ices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please coetaet the City of Oshkosh. Close Up View N 555 Kirkwood Drive City of Oshkosh Wisconsin .lHICO.fH Community Development tkt me wnrrEn 10 0 10 20 30 Feet 07/08/02 Created by - MLD HONE REEK RD. ~ wes ~ P 10T 6ULLK3 ~T wooowocu:oa WES RR j~ ~ 1 1 HICKORY RIDGE RD ~~~ ~ ~ ~ ~ ~ ~ j ~, ~ -Y ~ O yp}~ ~R{ ~p7 ~ ~ t5 ~ !1 i3 g ~ O ACORN yy CT. RD S D ~ Subject Site ~ B WYLDEWD00 0 HOLLY ~ RD. MDDN C0. ~ 7 ~asm WYLDEFLOwER O ~ Z ~ ~ ~ ~ g ~ ~~ ~~ WITZELAVE. ~ Z ~ z WITZEL VE. ~ z w -, ~ D BROMFIE Y N W. PH A rn w QUAI R to T ES 9TH 9TH AVE. I S mD mD a+ CRE HOME ~ D 0® O F z°O w ~ rrz _ -1 7 W MEADOW BROOK DR. ~ ~ C) ~ ~ T C REBECCA RUN ~ x REBEC 'R ~ p1,1Gi I RNEY CT Lim , o Q OT. ~~. p HAYW ~ 8 ,~2s y Y ~j ~ G~~ i I ~ T N AVE. LJ" ~ ® i ~ ® ~ DISCLAIMER Birds Eye View nI This map is neither a legally recorded map nor ~ ' V i a survey and it fs not intended to be used as one. ~ G C ~,('r~WOO.J D r~ Ve This drawin i il i J J 1 g s a comp at on of records, data ~ ` U and information located In various city, county and elate offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference Community Development O.fHKOlH purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein ~q ed. tx-t THE WATER If discrepencies are found, please coift~e ~ 200 400 Feet City of Oshkosh. 07~og~o2 ' ~ Z ACORN ~ O~ _ ~ CT. HBURG O w ROSEWOOD DANBE 5 } RD. 3 Subject Site R 3 0 ~ EO HOLLY ~ CT. ~ Z MOON CR. L] • Z v1 lY Q WYLDEFLOWER ,~ ~ ~ ~ CT. MANOR RD. 8 ~_ w O ~ ~ W 5 O ~ Z WITZEL AVE. ~ i wITZE 5 1 ~ ~ z IY W U T T BROMFIE z w N = W.PHEA A ~ w 3 QUAI ~ R -1 PD u T ES P 9TH V VE. I~ID p ~ CRE HOMEST 6 ~ D ~. Y Q O F- W U - Z W U ~ Q W MEADOWBROOK DR. _ -' ~ O ~p - O w _ ~ Y REBECCA RUN REBEC ~ ~ p~\G~ ~ I RNEY H O CT ~,~G~ {~ T ~? O t83 ~ HAYW ~ fl ~P €i I ~ ~~ 1 B Y ~ 8 E C ~'\~ B ~T HAV N AVE. -2 DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies 6ereio contained. It discrepeociea are foued, please contact the City of Oshkosh. Existing Zoning 555 Kirkwood Drive City of Oshkosh Wisconsin Community Development 500 0 500 Feet N .fHKOlH tNt Tt+E wAT~rt Created by - MLD 07/08/02 Board of Appeals Minutes - 2 - July 24, 2002 1.) The porch may not be enclosed in any manner, nor used for habitable heated living space. Seconded by Dahl. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded it was the least possible variance needed because it will fit within the existing footprint, the hardship was not self created because the principal structure was built before the current setbacks were in effect, there are similar setbacks in the area, and there would be no adverse impact on neighboring properties. II: 555 KIRKWOOD DRIVE Steve Kosmer, applicant and owner, is requesting a variance to construct a 144 square foot utility storage structure, whereas Section 30-17(B)(4)(iii) of the City of Oshkosh Zoning Ordinance requires utility structures be a minimum of 100 square feet. Matt Tucker introduced the item. Mr. Ameringer asked when the Zoning Code update would be presented to the Planning Commission and Common Council. Mr. Tucker replied that it is intended for the recommended changes to be presented to the Planning Commission in September or early October, with Council action to follow shortly thereafter in the fall. Steve Kosmer, 555 Kirkwood Drive, said that at the time he took down the old shed he did not realize there was a 100 square foot maximum size allowance. He explained they had recently remodeled their home and the structure would be of the same materials as their house. Mr. Kosmer said he has akeady ordered the trusses and according to the city handout he assumed he could build the 144 square foot structure as long as it was on a slab. He explained he was made aware of the size limitation when he applied for the building permit. Mr. Ameringer asked the applicant if there were particular circumstances as to why he doesn't wait for the Zoning updates to go into affect. Mr. Kosmer said he would like to clean up the area and he has the materials left over from the remodeling of the house. Vice Chairperson Hentz asked the size of the previous shed. Mr. Kosmer said it was an old metal, barn like structure, which was about 9'8" x 11'. He said he is now proposing a 12' x 12' (144') structure. Mr. Ameringer asked if the proposed size is in the provisions that are being drafted for the update. Mr. Tucker explained staff is recommending a maximum of 150' and a total of 30% rear yard area for allowance of storage structures. Discussion continued on the likelihood of the updates being approved by Council. Board of Appeals Minutes - 3 - July 24, 2002 During boazd discussion Mr. Ameringer stated he is somewhat uncomfortable with this especially since the last session, where Attorney Kraft indicated that there are some problems in approving these storage sheds, but on the other hand, staff is recommending approval of the variance and the updates to the Zoning Code aze likely to be approved. Motion by Schorse for approval of the variance to construct a 144 square foot utility storage structure. Seconded by Dahl. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded the variance request is in line with future changes, the substantiation for this is based upon the statements that Mr. Tucker made in regazds to the fact that staff is recommending approval and the strong likelihood that the Zoning Code updates will be approved forthwith and there would be no adverse impact on neighboring properties. III: 721 WASHINGTON AVENUE Roger & Anne Cutts, applicants and owners, aze requesting a variance to construct a detached gazage in the front yazd azea that will have a 4'+ setback to Shawano Avenue, whereas Section 30-21(B)(6)(d)(i) of the City of Oshkosh Zoning Ordinance requires a 25' front yazd setback. Matt Tucker introduced the item with pictures. He noted it maybe necessary for the applicants to obtain a variance from the Traffic Review Boazd fora 12' driveway setback from a block corner in a residential azea. Mr. Tucker also noted there is a curb style storm sewer inlet that may need to be addressed when the driveway is constructed. Roger and Anne Cutts presented a letter from Mazk Huddleston, Transportation Director, stating approval for the driveway approach opening to be located 12 feet from the right-of--way line and stating that a curb cut permit would need to be obtained from the Public Works Department prior to actual construction. Mrs. Cutts said she also spoke with Ed Potempa, City Engineer, who gave approval for a flush mount storm sewer inlet in the new driveway area. Discussion continued on the removal of the present garage and the location of the proposed driveway. It was noted that great improvements have been made at the property since the applicants have taken ownership. During boazd discussion Mr. Schorse stated, in his opinion the options aze limited, and Vice Chairperson Hentz said it would be a great improvement. Motion by Dahl for approval of the variance to construct a detached garage in the front yard area that will have a 4'+ setback to Shawano Avenue. Seconded by Ameringer. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded because of the uniqueness of the lot the options were limited, it would be an improvement to the neighborhood, and the hazdship was not self- created.