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HomeMy WebLinkAboutBZA (variance) - 10/20/08STAFF REPORT BOARD OF APPEALS HEARING CONTINUANCE -2- OCTOBER 8, 2008 According to the property file records, the applicant obtained a building permit on 08/01/06 to construct a 23'x28' two-story addition that included an attached garage, entry, and 2"d floor bedroom. The permit also included paving the driveway (see attached copies of -the building permit and site plan). However, on 08/07/08, a neighborhood inspection of the subject property revealed the off-street pazking azea had been constructed illegally without screening and a correction notice was issued to the property owner (see attached copy of Correction Notice). While this is cleazly an example of a contractor/property owner proceeding without a permit and not grounds for granting a variance, the issue of whether or not a variance should be granted due to unique property circumstances needs to be addressed. If the property owner had applied for the variance prior to constructing the subject area, there appeazs to be a degree of hardship tied to the unique parcel configuration. For example, as the attached maps illustrate, the lots in the vicinity are platted similar to pazallelograms. However, the principal structures are constructed at right (90 degree) angles. This configuration minimizes side yard areas and reduces the ability to construct an off-street parking space. Consequently, the property does meet a principle for granting a zoning variance. However, the size/width of the pazking space appears to be azbitrary and is not the least variance necessary. Per code, a legal parking space only needs to be 9' in width. The site plan indicates an 11' wide space which tapers to 9' at the end of the attached garage area is being proposed. Likewise, there does not appeaz to be any grounds for not screening the parking space as a 5' tall solid fence could be constructed to the east of the proposed pazking azea and screen the spot from the abutting property. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variances as requested with the following conditions: 1. No portion of the off-street pazking area shall exceed 9' in width. 2. The off-street pazking area shall be screened by a solid fence at least 5' tall along the east property line. 3. A trench drain or drainage swale must be installed along the eastern edge of the off-street parking azea in order to direct storm water runoff toward the front of the subject property and away from the abutting property to the east (40 Sennholz Court) OR gutters must be installed on the house/garage addition with the downspouts directing stormwater to the roadside ditch. _ OSHKUSN ON THE WATER Job Address 48 SENNHOLZ CT Designer Contractor OWNER No 120883 ,,~da ~~~ Create Date 08/01/2006 ~~~ Category 111 -Single Family Addition ~ Plan Type ~ Building Q Sign Q Canopy Q Fence Q Raze Zoning Class of Const: Size Unfinished/Basement Sq. Ft. FinishedlLlving Sq. Ft. Garage Sq. Ft. Foundation ~ Poured Concrete Q Floating Slab Q Concrete Blodc Q Post Occupancy Permit Required Park Dedication Use/Nature of Work ~~~ CIS ' OSI'-tKOSH BUILDING PERMIT -APPLICATION AND RECORD Owner CHARLES/SHARON SCHMIDT Rooms Bedrooms Baths Q Pier Q Treated Wood Flood Plain # Dwelling Units _ Height Ft. ^ Projection Stories Canopies Signs Q Other Height Permit 0 # Structures 0 FR/ Constructing a 23'x28' 2 story addition to include an attached garage, entry, and 2nd floor bedroom. This permit also indudes aving the driveway. HVAC Contractor Electric Contractor Fees: Valuation _ Issued By: Plumbing Contractor Plan Approval $50.00 Permit Fee Paid $157.00 Park Dedication $0.00 Date 08/01/2006 Final/O.P.00/00/0000 ^ Permit Voided Parcelld # 1413203600 In the performance of this work I agree to perform all work pursuant to rules governing the described construction. While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work described in this permit application within an easement, the City strongly urges the permit applicant to contact the easement holder(s) and ecure ~y necessary approvals before s 'ng such activity. Signature ' .. Da Agent/Owner Address 48 SENNHOLZ CT OSHKOSH WI 54902 - 7231 Telephone Number 3 To schedule inspections please call the Inspection Request line at 236-5128 noting the Address, Permit Number, Type of Inspection (i.e. Footing, Service, Final, etc.), Access Into Building if Secure (how do we gain entry), your Name and Phone Number. Unless specified otherwise, we will assume the project is ready at the time the request Is received. Work may continue if the inspection is not performed within two business days from the time the project is ready. `~~~ cur lC~ / e ~1(` -- .°.~ ~; . ~ a o g~3 ~~,~ 55.0' 55.0' 55.0' 55..0' - ~~. A. ~:.. ..~ . :tiµ ;~?. ' z'E` I~ r '~'.'i. ~' i~'.t. r:.~".'fi7iC fit ''~"..,~... $ .'?'~~ :.:i. `.ti.~i ' '[:~v~l..yi`f'a'rh' .^T[.n?k'St~!~}~,'~}~iVS.'. ~,: f. 70 6p ~a ~a { ~- i ~~°°~ ~~~~~ 65.0' 40 65.0' DISCLAIMER s map b neither a IegAlly recorded map nor 'veY and k is tot intended to be med as one. ~ th i 48 S en n holz Ct A , 'v aw ng is a compDath-dof records, daq ~ornwtWn located in varjpas Nty, eoanty I at t . ' . a e of8oea and other aoetees affecting iea shown and h is to be naeii f C11y Of 0SI1kOS~'1 ~1SCOI1S111 . or reference ~on~y. 71KC7tyofQababkash is notrc- ibh: for any bucenraciea herein enntained. Community Development - QJ'HKC~1H scrcpenciea arc toand, please contact the City of Oshkosh. ~ " = 30' oN THE waxen c~a by - vx 5-19-06 i. r f ~ .~ i INSPECTION SERVICES DIVISION ROOM 205 DEPARTMENT OF COMMUNITY DEVELOPMENT OSHKOSH CORRECTION NOTICE ON THE WATER Issue Date 8R/2008 Compliance Date 9/8/2008 Address 48 SENNHOLZ CT Name Sent to Owner CHARLES/SHARON SCHMIDT Introduction Item # 1 Description 08/07/2008 Last Updated Summary 1lhile conducting a neighborhood inspection it was brought to my attention that a parking area has been created along side of he attached garage. Address 48 SENNHOLZ CT CITY OF OSHKOSH 215 CHURCH AVE - ~:f. ~~.., ,,r yct` PO Box 1130 T~OSHKOSH WI 54903-1130 ~~0~ Compliance No City ncuvneu State Zip Code WI 54902 -7231 Required for Occupancy Occupancy Single Family Code MUN 7-8 Compliance No Compliance Date 09/06/2008 permit was not obtained for creating the parking area located along the side of the attached garage. Currently the City of Oshkosh zoning e requires a minimum 7.5' setback with screening for parking areas located along side of garages. ~s ; _ lease feel free to contact me at 236-5036 with any questions. A re-inspection will be required to be requested and conducted ithin the next 30 days. Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 9/6/2008 Office hours for obtaining permits are Monday through Friday 7:30-8:30 a.m. and 12:30-1:30 p.m. or by appointment. To schedule inspections please call the Inspection Request line at 236-5128 noting the address, permit number (when applicable), and the nature of what needs to be inspected. Signature A ~~~-- Date uI~' Inspected by: Nicole Krahn 236-5036 nkrahn@ci.oshkosh.wi.us I hereby certify the violations listed on this report have been k~rrected in compliance with the applicable codes. Print Name Signature Aiso Sent to: Bldg Elec HVAC Pibg Designer Other Inspector Company Date 5 14204 Page 1 of 1 September 11, 2008 Planning Services Division 215 Church Avenue, POB 1130 Oshkosh, WI 54903-1130 RE: 48 SENNHOLZ COURT Dear Planning Committee: S E P 1 5 2008 COMMUNITY DEVELOPMENT I received notice through the postal service regarding the above-mentioned property. I am the property owner of 60 Sennholz Court. My employment will not allow me to attend the scheduled meeting regarding a variance of Charles and Sharon Schmidt's property. Even though we do have the same last name, I am in no way related to Charles and Sharon. I do not oppose this variance and I think that it is very well landscaped and adds to the beauty of their property. Please allow Charles and Sharon this variance. If you should have any questions or concerns, please feel free to contact me at (920)203-5870 or by the postal service. Sincerely, yl~ .. Gail M. Schmidt 60 Sennholz Court Oshkosh, WI 54902 6 (,Iec~S ~ See ~~7~. Please Type or Print in BLACK INK Ii~F~ ~~~~ CITY OF OSHKOSH APPLICATION FOR VARIANCE Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 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: '~ c~ Senn~l~ ~ n urt Petitioner: ~1"YirI~.S £ ~~n('nn ~l:~h t'Y1ir1~ Home Phone: ~ '~ 'r ~ °' Sao ~a~- a!o hc2-, Petitioner's Address: 'T ~ Senr,~,nlZ CoupWork Phone: Cgo~O~ oZ~, -353 Cktl~es Signature Req Owner (if not petitioner): 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 hazdship would be created if the variance is not granted. The burden of proving an unnecessary hazdship rests upon the applicant. The attached sheet provides information on what constitutes a hazdship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed.) ">I 7 SUBMITTED BY APPLICANT ~~~ ,~ 1. Explain your proposed plans and why you are requesting a variance: ~et ~~~ the. ~rt~nt o~ our house to -t~-e baGl~a added en+t ~'~e iron ~' a ~d r"~ian o f ~1 tJin ~~~ / ~ a )5 0 , feC ~ ~ / ~ r a ana ~e ~, Id ~~a t Ire Cast I r1 keep our ~~ ~~~-~ ~~ ~ ~ ~ ~ °~ear Qut o~cr e~~`sfi/- Cur ins~~~ -b1a ~ we needed ~ i Icy Cut ve -From the alp} dri ve ~ay~ i,/P Carn lic°(~ dr ~e.way ~a a rf, w- I, ~ a ©Id C~f~Ue~~ ~'~ o/d C`ulv~l~, fi ~'~~S n~ f ~171dt~~ '~` aCPC~ ~~`e Cu ~~Ct ~,+~-c ~cfP~ S~me~ne ~o ~a ~, s,) ~c ~ePl ~ ~~-fih a new ar6 a~ ~e ~aeea i+ ~~ b1~k ~(~ ~ the raad. P ~ i the ne k/ ~e InE'l1 f ~/~ made Cc means fie- y ~ ~~.~--~.j n -~-c~ -fie O ~~ , e'~ i 5 f ~r~ ~~~~ . '~ ~ ~C f ~'1iu7~ ~~ o~~e rec~ ueS~in o` Vari enema due ~ I ~'~e ~~I Sfi n are P~ ~Du t GtT w~ ire ~v I~ wt. C o~ 1d Keep ~ ~ 9 re lnr~~t? `fie same fl/1~e i,,,~e ~j~ b~ same®ne else ~e hid ~ fie. e~cistir< dri~e~,,~, , ~c ~~~ to rerr~~~ ~~ e~G~fir~ ,~ y ,J a main -t~ fake a ftekJ b ~d 1 n a f~'1ea:RS -b e-± -b ~e ~~-'~ ~~~ e ~ ,,~Ci~e,~~-~ ~~ -~-~ #~hz riC J~~', W~ mere anne~er~ i ``~ Ci u Qr- O ~ e ~.i~~ of Cis ~ Kc~ ~bo~,t•{' +e.ra ~t ~~rs ~ 1e arc no-~ -ffa i ~ ~ ~ f a 1! ct n G~ ~a~- ~ineS ®~ our ~~'~~ t S Ina K es t +t- ve cal r=~r`C ~ t t ~ ~ee~ J~ Co rnP1~ ~n ~. a~ ~t- ry L~-t-(~• ~e „~. 5 ~ dram -i'le lot ~in~ ~~ Grp i r~ gee . (~ i,,, r n e~ l..b~r- a t y~ Scnn l~l z ~u~~ ~ urc~ a a -~~w yews ~ ~C t~ n~ 11 - /~~'~ Ce mer~,~' ~f i' Ue ~~ ~~ I ~fo~ -~'~e 1®-f ~l/i~ ~ ~D ~e are t.~on~2r~tl~q ~~ Sorn e I-~. y d o so C~n~ at~`ers ~"~`y n a~. _a 4: Describe the hardship that would result if your variance were not granted: ~ ~v huS.ba nh .. ~ .1 ~ ~yi ~p t~ lJ (,cs ~ C~tcr ~o t U~ I/E'r' JSMI7TED 8Y gpPUCAAIT ~eCXSe t~ ~~ O w GcS ~-~~r c'artue ~Qy - ~~ 9. ~`1" 2. Describe how the variance would not have an adverse effect on surrounding properties: 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or etrtt rtn rec ,~ 55.0' 55.0' 55.0' 55:0' ,-- .: ~ ~ , ,, = -:.;~ _~ ,~,.~ ~ ~ ~. . ~ ~ N~- ~ ~ ~ _M ~., ..,~ ~, .. ~~'~ ~ 1 7''~~4.'(r ~ ~ ~~ i' r I. V ~ C ~ ~ . I' ' N a F x ~ `k ~ ,, F - ___ ~ .. ~ ~. . ~.. , ,. ..a. ..~ ~ . `~~ t ~~ ~ } ~~,~~- 70 60 ~~~ 40 5.0' 65.0' 65.0' ~, 65.0' DISCLAIMER A' This map is cekher a legally recorded map nor 48 S e n n h o Iz Ct . ~ ' V a survey and k is not intended to be used as ona , This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin sod state offices and other sources affecting the area shown and it is to be used for reference lHK O lH . . COmmunlty DeVelOpment purposes only. The City of Oshkosh is not re- spottgibk for any inaccuracies herein contained. oN Tt1E waTER If discrepancies arc found, please contact the ~i _ ~ Cit f O hk h ~ - 30 C 5 19 06 y o s os . _ reated by - VR - - ~~- 7V vvwa~aa••~.~ ~. ~.. ~.~.--__ BOA DUELLMAN DAVID/MARY SCHMIDT CHARLES/SHARON 48 SENNHOLZ COURT 40 SENNHOLZ CT 48 SENNHOLZ CT 9/24/08 OSHKOSH WI 54902 7231 OSHKOSH WI 54902 7231 SCHMIDT GAIL M STADLER RUSSELL M HODGES DAVID .L/DONNA L 60 SENNHOLZ CT 35 SENNHOLZ CT 41 SENNHOLZ CT OSHKOSH WI 54902 7231 OSHKOSH WI 54902 7230 OSHKOSH WI 54902 7230 HANSON MR/MRS CHRISTPH MENACHER HELEN 53 SENNHOLZ CT 2911 FOND DU LAC RD OSHKOSH WI 54902 7230 OSHKOSH WI 54902 7226 11 6'0 °o. 55.0' 55.0' 60 65.0' 55.0' 70 65.0' 40 65.0' 28 65.0' SENNHOLZ CT ,~~ sa~~ r sa~Z3 ', sa,~~ ,a~ UIJIiLAIMtK 71r ..p Y mMher • NpY~~ rtardeJ ~.p mr . mnq~ W h r mt rte.ded ro be owed r sm. .ea h.M1es.Mse hs.hd r..rr.e wry e.my "r"""'~r'~'"""°°°`~°"`""" SITE MAP ..d rt.e. o®.ee and Nher wY1w.QscXo( the un eh.w...d k r r. be .w rr nrnw p.ep.r.e..¢. 71. Clly .ro.hh..hrme... spomihr pr W roce.iwd.r henY mN.Yed 48~~ Sennholz Court If drer.pemW ue foueq prime oonhct Ih. . Cky afOehkah. ~'~= 4~' 8/26/08 Created by-kjg Source: CHy of Oshkosh GIS 12 718 crap 8 rBYer • ktdy ~tdsd trp tnr • rrvy nd it 8 aaotlotrated m 6e red r or 118 dnMe' 8 • maopWtln of temtdti Mh eaad laaforrtloo knell q vorbu dry, nnry ead ebq WOm ud rYr tortr dfitlq tk em sbne eaad it 8 b h uad Por teRnaaa porpoaee otary. 7k Ciry dOdaYwY q aot tc- rpori6k br ory geaxfrrfn Mnq moglyd BdBcnpsatdr ert loud, pkre megcl IYe cryaae-r- Created by-kjg ZONING MAP 48 Sennholz Court 1 "= 300' N 8/26/08 Source: Cily of Oshkosh GIS 13 II vsa~.lr,uvl~rt Tbis map is nei[her a legally recordeJ map oor ey apd i[ Is pni ip[epJed [o be useJ e. ope. aThis Jrewing is a compila[iop of recorJs, Ja[e apJ ipformn[ion IoremJ ip various ciry', coupry anJ s[a[e oif ms anJ other suurtes alfectlpg [he area xhuwp apJ i[ is m be useJ for reference purposes uoly. The Cin'of Oshkus6 is pol m .pnp:inie rpr r eie, her nmaipea. If Disc rapap rvfuupd plea mptu:i [he apciry nr Oahkoeb.se Created by-kjg AERIAL VIEW 48 Sennholz Court 1 "= 40' N 8/26/08 Source: City of Oshkosh GIS 14 Attachment to BOA Packet 10/08/08 48 Sennholz Court 15 View of subject property looking east view trom subject property looking south Attachment to BOA Packet 10/08/08 48 Sennholz Court 16 view of subject property looking west view of subject property looking north Attachment to BOA Packet 10/08/08 48 Sennholz Court 17 Alternate view of subject property looking north