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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES October 8, 2008 PRESENT: Dan Carpenter, Robert Cornell, Dennis Penney, Cheryl Hentz EXCUSED: Mark Nielsen, Moss Ruedinger, Edward Wilusz STAFF: Todd Muehrer, Associate Planner/Zoning Administrator; Allyn Dannhoff, Director of Inspection Services; James Rabe, Civil Engineer I; Deborah Foland, Recording Secretary Chairperson Hentz called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of September 24, 2008 were approved as distributed. Carpenter/Cornell 4-0. ITEM I: HEARING CONTINUANCE: 48 SENNHOLZ COURT Charles and Sharon Schmidt-applicants/owners request a variance to permit an unscreened accessory off- street parking space with a 5” side yard (east) setback. Section 30-36 (C)(1)(b) of the Oshkosh Municipal Code: Off-Street Parking Facilities requires a 7.5’ side yard setback and a solid fence, solid wall or dense hedge/evergreen border at least 5’ high for screening purposes. Mr. Muehrer reviewed the item which was laid over from the last meeting in order to obtain input from the Department of Public Works regarding the drainage issues on the site. Mr. Muehrer distributed photos of the subject site and explained that condition #3 had been altered regarding the drainage issues. James Rabe was present from the Department of Public Works to answer questions relating to this issue as requested. Charles and Sharon Schmidt, 48 Sennholz Court, were present and stated that they do not have a problem with the conditions except for condition #1 requiring that no portion of the off-street parking area shall exceed 9’ in width. They explained that they need the extra space for maneuvering their boat and that having the concrete cut down would be additional expense and would not look appropriate. They suggested that if they comply with the revised condition #3, could condition #1 be eliminated. Mr. Cornell questioned if they had contacted the contractor to discuss the matter of cutting down the concrete area at his expense. Ms. Schmidt replied that they did not since they felt that it was their responsibility to look into the matter themselves. Board members briefly discussed the drainage issues and the removal of the excess concrete area and determined that the drainage questions needed to be addressed first before making a decision on whether the concrete parking area should be reduced to meet code requirements. James Rabe, Department of Public Works, stated that he reviewed the site and determined that there were no gutters and downspouts installed on the two-story addition adjacent to the off-street parking area. He further stated that the elevation changes make draining to the ditch difficult and that the installation of gutters and Board of Appeals Minutes 1 October 8, 2008 downspouts on the addition would resolve the issue. A drainage ditch centered on the property line would be the only other way to solve the runoff issues. Mr. Penney questioned if removing the concrete area in excess of 9’ would make the installation of a drainage ditch more effective. Mr. Rabe responded that since the roof area accounts for 75% of the water runoff in this location, the gutters and downspouts would be more effective than the drainage swale. Board members discussed the use of collapsible extensions on the downspouts and determined that they would be more effective in directing the water to the ditch. They briefly discussed the fencing requirement for condition #2 and determined that since the installation of gutters and downspouts with collapsible extensions would resolve the drainage issues, condition #1 could be eliminated to reduce the size of the concrete area. The owners agreed with the revised conditions. Mary Duellman, 40 Sennholz Court, questioned the time frame to complete the gutters and downspouts. Mr. Muehrer responded that the owner would have six months to comply with these conditions. Motion by Penney to approve a variance to permit an unscreened accessory off-street parking space with a 5” side yard (east) setback with the following conditions: 1.The off-street parking area shall be screened by a solid fence at least 5’ tall along the east property line. 2.A trench drain or drainage swale must be installed along the eastern edge of the off-street parking area 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 collapsible downspouts directing stormwater to the roadside ditch. Seconded by Carpenter. Motion carried 4-0. Finding of Facts : It is the least variance required to resolve issue. There is no adverse impact on neighboring properties. The property has unique limitation. ITEM II: 306 W. 18TH AVENUE Richard Lang, owner, is requesting a variance to the City’s Building Code. Per Oshkosh Building Code Section 7-33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Zoning Ordinance, Section 30-6(B)(2)(a) if an equivalent degree of health, safety and welfare is proposed. All appeals shall be accompanied by supporting data. This appeal is to allow the replacement of front porch stairs without the required minimum 3’x 3’ landing between the top of the stairs and entrance door to the enclosed porch/house. The adopted code section Comm 21.04(4)(b) states that a level landing shall be provided at the top and base of every set of stairs. The Board of Appeals Minutes 2 October 8, 2008 landing shall be at least as wide as the stairs (3’ minimum) and shall measure at least 3’ in the direction of travel. Mr. Dannhoff presented the item and distributed photos of the subject site. He explained that the owner had replaced the front steps to the home without securing the required building permit and that the landing requirements were explained to him upon the issuance of a correction notice and again with his application for the necessary permit. Mr. Dannhoff further explained that there is ample room to install the required landing and that it is a safety requirement for all exterior exits to prevent injuries due to falls. The code provides certain exceptions to this requirement however this situation is not one of the exceptions. Due to the facts just stated, Inspection Services is recommending denial of this variance. Richard Lang, 306 W. 18th Avenue, stated that the contractor advised him on the replacement of the stairs and told him it was satisfactory to not install the landing as long as the replacement stairs were the same as the existing ones. He questioned if the steps were reconstructed to include the landing, would it require a cement base underneath. Mr. Dannhoff responded that the steps could be placed on grass, cement, or patio block and that the same steps could be removed to install the landing and replaced when complete. Mr. Penney questioned if the permit was issued requiring a landing, why was it not installed. Mr. Lang replied that the permit was obtained after the steps had already been reconstructed. He commented that the front door was rarely used and that the installation of the landing would not look appropriate. The door opens to the inside of the structure so the landing was not really necessary and its addition would cause the downspouts to have to be redirected to the driveway causing ice issues in winter months. Board members discussed safety issues regarding the requirement for landings and determined that the landing would be necessary regardless of which way the door opens and the redirection of the downspouts was possible without directing the runoff into the driveway. The board agreed that the situation was a self- created hardship and the costs to remedy the issue could not be a consideration in granting a variance. Motion by Carpenter to approve the variance to allow the replacement of front porch stairs without the required minimum 3’x3’ landing between the top of the stairs and entrance door. Seconded by Penney. Motion denied 0-4. III: 333 W. 29TH AVENUE STS (Christopher L. Murawski)–applicant, Oshkosh Corporation-owner, request a variance to permit a parking lot with no perimeter curbing. Section 30-36 (E)(4) of the Oshkosh Municipal Code: Off-Street Parking and Loading Facilities require industrially used parking lots to install a minimum 6” high curb around all parking areas. Mr. Muehrer presented the item and distributed photos of the subject site. Chris Murawski, STS Consultants, 558 N. Main Street, explained that the variance was necessary as the existing loading area and building is lower in elevation than the centerline of the existing public road and raising the proposed parking lot by a half foot for the new curb would result in valuable storm water storage volume being lost and would create a greater potential for flooding the new parking area. Water quality benefits would also be lost by the removal of sediment from filtering the water through the grass prior to Board of Appeals Minutes 3 October 8, 2008 concentrating it along the curb. Great velocities would be reached as water exited the flumes increasing the potential of scouring and erosion. Mr. Rabe agreed with Mr. Murawski regarding the advantages to allowing the parking lot to sheet drain into the grass to prevent erosion and lessen sediments by not concentrating the flow. Motion by Cornell to approve the variance to permit a parking lot with no perimeter curbing. Seconded by Carpenter. Motion carried 4-0. Finding of Facts: It is the least variance necessary to resolve issue. No harm to public interest. There being no further business, the meeting adjourned at 4:29 p.m. (Cornell/Carpenter). Respectfully submitted, Todd Muehrer Associate Planner/Zoning Administrator Board of Appeals Minutes 4 October 8, 2008