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HomeMy WebLinkAboutBoard of Zoning Appeals - 11/1/1989BOARD OF ZONING APPEALS PAGE TWO NOVEMBER 1, 1989 Regarding the findings of fact, Mr. Slower stated because of the future plans for widening Hwy 45 from 2 lanes to 5 lanes and because this is a newly developed area it would seem inappropriate to allow a variance from the 25 ft. required setback. There is enough room between the highway and the church structure to plan alternative parking arrangements. Mr. McGee stated there are many viable alternatives. I. 1955 OREGON STREET/208 W. 20TH STREET - Oshkosh Housing Authority, owner; John M. Franzen, applicant The applicant is requesting a variance to install a 36" high cyclone type fence in the corner sight distance triangle; whereas Section 30- 29(E)(5)(a) of the City of Oshkosh Zoning Ordinance states that no fence or hedge more than thirty (30$) percent solid or more than thirty (30") inches high from the established sidewalk elevation may be located within the intersection sight distance triangle except for intersections controlled by four-way stop signs. The property is zoned R-2. In answering questions from the Board, Mr. Franzen explained the following: This corner is occupied by two duplexes which were constructed by the Madsen Company in 1972-73. The Housing Authority purchased the property 15 ears later. The orginal fence was replaced because of its poor condition. Sears, the contractor proceeded to install the fence before a permit could be obtained. They have never received a complaint from any motorists or citizens relative to this fence. Discussion ensued on the similarities between a 3 way intersection controlled by stogy lights and a 4 way intersection controlled by stop signs. It was pointed out that a cyclone fence does not hinder vision. Motion by Hintz to approve a variance to install a 36" cyclone fence in the corner sight distance triangle. Seconded by Slower. Motion carried 5-0. Regarding the findings of fact, Ms. Hintz stated the corner is controlled by a traffic light so the need far the sight distance triangle does not exist. This will be a cyclone fence and only 6" higher than required. II. 517 PYLE AVENUE - Richard L. Oelschlager and Virginia A. Serer, owner/applicant The applicants are requesting a variance to construct a deck which would be attached to the rear of the house and would have an 18'8" rear yard setback; whereas Section 30-15(B)(1)(d) of the City of Oshkosh Zoning Ordinance requires a 25' minimum rear yard setback for principal structures. The property is zoned R-5 Multiple Dwelling. In answering questions from the Board, Mr. Oelschlager explained the following: His lot is 65'x 108' which is substandard in depth and in total square footage. They purchased this property and are not responsible for the placement of the house on this lot. The deck will only be 3' above grade and will have steps leading down to a patio area on two sides. It was designed this way because of a downgrade in the back yard. The 16' length of the deck is necessary in order to BOARD OF ZONING APPEALS PAGE THREE NOVEMBER 1, 1989 have a shaded area and they desire the height of a 3' deck for the convenience of entertaining and for aesthetics. There will only be one railing on the deck which will make it less obtrusive to the neighbors. The other two sides of the deck are only 2' high and the steps to the patio will be located on those sides. Ms. Moore stated she received one telephone call from a neighbor, Curt Walter, 511 Pyle Avenue, who stated he was in support of this request. Motion by McDonald to approve a variance to construct a deck which would be attached to the rear of the house and would have an 18'8" rear yard setback with the condition that no part of the deck be enclosed. Seconded by Slower. Motion carried 4-1 (McGee). Regarding the findings of fact, Mr. Slower stated the lot is substandard in depth therefore it limits the available area where a deck could be built. The deck is not visible from the street and will not have a significant impact on the open area in the rear yard. The hardship is the substandard lot size and the house was built before the applicants purchased it. III. 827 MT. VERNON STREET - Garth Coates, Sr., applicant/owner The applicant is requesting a variance to construct a 180 sq. ft. addition to an existing 672 sq. ft. garage resulting in a garage with a total square footage of 852; whereas Section 30-15(B)(2)(b)(vi) of the City of Oshkosh Zoning Ordinance permits a detached garage in a rear yard to have a maximum of 30 percent of the rear yard area or 800 sq. ft., whichever is less. In answering questions from the Board, Mr. Coates explained the following: He needs additional room to store building materials. His daughter parks her car in one side of the garage and he parks outside. The proposed addition would store his building materials so that they are out of the rain but the structure would be open sided. Discussion ensued on the concern that the proposed addition not promote commercial activity. Motion by Krueger to approve a variance to construct a 180 sq. ft. addition to an existing 672 sq. ft. garage resulting in a garage with a total square footage of 852 with the conditions that the open addition not be enclosed and that no additional storage structure be permitted on this lot as long as the garage addition is in place. Seconded by Sloven. Motion carried 5-0. Regarding the findings of fact, Mr. Krueger stated there is no way to prevent the storage of these materials so putting a roof over them will improve the appearance. The conditions protect the concern that a business not be operated in this garage. IV. 900 W. STILLWELL AVENUE - Gary Garbe, owner; Attorney Gary Ya es, app scant The applicant is requesting a variance to add one unit to an existing 13 unit multi-family dwelling complex which has 17 parking spaces; whereas Section 30-30(F)(6) of the City of Oshkosh Zoning Ordinance requires one and one-half parking spaces for each dwelling unit in a multiple dwelling.