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Home My WebLink AboutBZA (variance) - 12/11/1997City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 DH Oshkosh, WI 54902-1130 (414) 236-5059 (414) 236-5039 FAX ON THE WATER December 11, 1997 Alejandro Garcia 915 Cozy lane Oshkosh, Wisconsin 5490.1 RE: 915 Cozy Lane Dear Mr. Garcia: JACKSON R. KINNEY Director On December 10, 1997, the City of Oshkosh Board of Appeals approved a variance for the above referenced property for a twenty (20) foot one =~~ (1) inch front yard setback. The decision of the Board was filed in the Planning Services Office of the Department of Community Development on December 11,1997. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on June 10, 1998 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. If you have any questions, feel free to call me at (920) 236-5059. Sincerely, N C. BLUEMKE Principal Planner JCB/vlr cc: /Inspection Services Division Mitch Watson City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 O j~n n i Oshkosh, WI 54902-1130 ~i~~.(./ I-1 (920) 236-5059 (920) 236-5053 FAX ON THE yy CITY OF OSHKOSH BOARD OF APPEALS MINUTES DECEMBER 10,1997 Members Present: Randy Husman, Rein Roehlig, John Schorse, and Don Krueger Excused: Chris Baudhuin, Fred Dahl, and Joyce Goers JACKSON R KINNEY Director Staff: John Bluemke, Principal Planner; and Vickie Rand, Recording Secretary Chairman Krueger called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared present. The minutes of the November 26, 1997 meeting were approved as distributed. I• 915 COZY LANE Mitch Watson, applicant for Alejandro Garcia, owner, requests a variance for a twenty (20) foot one (1) inch front yard setback whereas Section 30-17 (B) (3) (c) requires atwenty-five (25) foot front yard setback. Mitch Watson, 707 W. Gruenwald St., stated he was the contractor hired by the Garcia's to build a new home, and was here to follow up on concerns with the building plans. He stated the Architect used the edge of the pavement for the property line, when in fact the property line was inside the pavement edge. This resulted in a setback violation which wasn't caught until after the foundation was installed. As a result, a front yard variance for a twenty (20) foot one (1) inch setback was needed .The Gazcia's were now realizing the hardship of living with relatives and they were anxious to proceed with the project. Chairman Krueger asked how big the house was that was torn down. Mr. Watson replied it was 24 x 30 square feet, and was situated crooked on the lot. Ruth and Paul Schrock, 928 Cozy Lane, said they had no objections to the Garcia's variance request. Paul added that they had been good neighbors for many years. Chairman Krueger stated there was a letter received from another neighbor, David Scott at 910 Cozy Lane, who also had no objections to the vaziance request. BOARD OF APPEALS MINUTES PAGE 2 DECEMBER 10, 1997 Discussion followed regarding the measuring done of the property, the impact on the neighborhood and that many of the neighboring houses were built close to the road. Chairman Krueger stated that because of the shape and size of the lot, without a variance a house couldn't be built. Motion by Husman to approve the variance for •a twenty (20) foot one (1) inch front yard setback. Seconded by Schorse. Motion carried 4-0. Regazding finding of the fact, Mr. Schorse stated because of the uniqueness of the lot a variance was needed to build, which had no adverse impact on the neighborhood. II. 411 W. 20TH AVENUE David Yakim, applicant/owner requests a variance for a projecting sign of sixty two and one half (62.5) squaze feet whereas Section 30-3 (F) (2) (ii) allows for a projecting sign with forty (40) squaze feet. Dave Yakim, 910 W. Murdock, asked if the sign would comply if the lettering was removed from the blue portion of the awning. Mr. Bluemke said it would. Mr. Yakim explained the sign couldn't be moved back because of the lighting. Mr. Bluemke said the white portion of the awning complied with the ordinance. Fred Wagner, 710 Ceape Street, asked if the distance the sign was from the street made any difference. Mr. Bluemke replied the setbacks from the street weren't applicable in this case. Discussion followed regazding the differences in the ordinance of a projection sign vs. the ordinance of an awning sign. Mr. Wagner asked if the staff or boazd received any objections to the sign. Mr. Bluemke stated no objections were received, however, a representative from Oshkosh Truck called saying they had no objection to the variance request. Mr. Bluemke also explained if a permit would have been taken out to put up the sign, they would have received the guidelines in doing so. Mr. Schorse asked if a sign company put up the sign. Mr. Yakim said a sign company was hired to put up the sign and he did not read the contract cazefully enough to realize it was his responsibility to get the permits required. Discussion followed regazding other options such as putting the lettering on the building, the definition of an awning sign, an interpretation of the ordinance, type of business conducted, the ordinance being site specific, not business specific, and the need for the Boazd of Appeals to find a hazdship other than a monetary one. Motion by Roehlig to approve a variance for a projecting sign of sixty two one and half (62.5) square feet. Seconded by Husman. Motion denied 2-2. (Roehlig, Krueger) Regazding finding of the fact, Chairman Krueger stated no hazdship was recognized where there wasn't alternatives to comply with the ordinance. STAFF REPORT BOARD OF ZONING APPEALS DECEMBER 10,1997 ITEM I: 915 COZY LANE -Mitch Watson, Applicant; Alejandro Gazcia, Owner Mitch Watson, applicant for Alejandro Gazcia, owner requests a variance for a twenty (20) foot one (1) inch front yazd setback whereas Section 30-17 (B) (3) (c) requires atwenty-five (25) front yard setback. The general azea is chazacterized by residential uses and vacant land uses. The subject property is zoned R-1 Single Family Residence District. 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 owners of the subject property originally desired to put an addition on a small single family home at 915 Cozy Lane; however it was discovered that the original home had deteriorated to the point where it would not support any new construction. The house was removed and a permit obtained for a new single family house. The permit was accompanied by a drawing which showed the house meeting all setbacks. The applicant began construction of the new house and installed the foundation. Subsequent to the installation of the foundation it was found that the front yazd setback from Cozy Lane was was 20 feet 1 inch not the required 25 foot setback. The original drawing submitted with the permit had used the edge of payment as the property line; however the survey illustrated the property line was inside the pavement edge and as a result the foundation was only 20 feet and 1 inch from the property line. The subject property is unique in that it is triangular shaped corner lot which severely restricts the building envelope on the property. The proposed new house is only 960 squaze feet and other houses in the area appeaz to have lesser setbacks than is being requested. It does not appear that granting a variance would have an adverse impact on the neighboring properties. Staff recommends approval of a variance for a twenty (20) foot one (1) inch front yazd setback from Cozy Lane. Please 7tiree o ,mint in BLACK 1NK . "" ~ -_ ~ ~ Return to: Department of . . , m'ti Community Development 1 •:i .,.....: _ 215 Church Ave., PO Box 113C CITY O F OSHKOSH Oshkosh, WI 54902-113C APPLICATION FOR VARIANCE Please write legibly with black iWc and also submit a complete (maxitaam sine 11" x 17'~ site plea. (A complete site plan includes, but is not limited to, all strucdaes, lot lines and streets with distaaas to each.) There is a 625.00 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: l S G • p ~ £ - - s ._ . - ~ "' - Owner (if not petitioner): ) ^ Home Phone• - Ownei's Address: - 1 ! ~ ~ - ~., kTJ-~ Wank phone: _ Signature: Date: ~_ _ _ .. - ,~ . ~, f•,~= , Applicant or Agent (• different from owner); / 7G ~ 1'V~• 150 ~ Hama Phone• ~?,3S-p'f pd '' ~~ Applicant's Address: ? D '7 !. Q u ~ N W a I d work Phone: :S''f~S =, ~, g ?3 ,: Signature• ~ ~ 7 ~ Datie~ -- ^I O r• ~ ~ ~ . S 7 _ In order to be granted a variance, each applicant must be able to prove that an imn- p would be created if the variance .is not granted. The burden of proving an unnecessary hardship rests upon the applica~. The attached sheet provides informationi on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested: `Additional information maybe requested as needed.) ~ ---.--_..__ _._ . _ _ ._ 2. Describe how the variance would not have an adverse effect on surrounding properties: ~ T h t n_ ~ ~ O fit. = E ei.~ ~ G . e n ~ . ~ A h ~ ar` ~ ~ ~ t a ~ . ~ ScQ. ~ ~ r •'~ ~ ~ ~ r 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: ~(1 S ~.: ~ D 7w L. E4 N L i S a ..,;,~ ~ a5 ~ u ti ~.. a ~' •.) ~- t c (. N o e~ 1~ E B 4. G {' d S. -~c ~ E ~anr• ~ ~ ,~ 1~e ~s E e ~ -~-1~~ S Lo I t o S o. ~ oo+~~- ~ +~0.rL~1 ~ r`COM ~ . 4. Describe the hardship that would result if your variance were not granted: 'mot ~ E .~ A r ~ C ~4 S ~ ~4 a. ~ O nn e u a! o k d Q ~ g u s.E -f- ~ E ~ ~ >~.. w ~. ~: •~r F~ : 1 ' r • i»TS ~ ~ /a,~ r ~~ 1~. w .. o l l 1~. w s t=' T h E ~A r:c.-'g /,/Aal -,F-o r-'tia c ,'~ ~~~-<~- o~l~ ~ Q~ Fowl ~ ly ,~rE~+bEeS .~ f Nd ~ a rA~~Fr -~~E,r ,_.,. r1 b~ heM~1~sS, . (See Reverse Side) 1. Explain your proposed plans and why yon are requesting a varia',n``ce: _ B1rC ~I t~ t ~ 'T t.J I4 rJ ~' ~- D W'T- a S i Ar s' F ~A the ~ y .: FFI u~ ~ ~ • /1j s T r-: d_t ~ E Le ~' ~ ~ ~0 .. .to Go -i y ~ A ~ E , _ 915 Cozy Ln. MILTON & WENDY SCRAPER 850 MACARTHUR RD OSHKOSH WI 54901 KEN & MARY KIELISZEWSKI 920 COZY LN OSHKOSH WI 54901 PAUL SHROCK 928 COZY LN OSHKOSH WI 54901 DANIEL WESTPHAL 1424 N 4TH AVE OSHKOSH WI 54901 JAMES M NOFFKE 2600 SHOREWOOD DR OSHKOSH WI 54901 DAVID SCOTT 910 COZY LN OSHKOSH WI 54901 WALTER & AMELIA WICKMAN 917 COZY LN OSHKOSH WI 54901 MITCH WATSON 707 W GRUENWALD OSHKOSH WI 54901 MITCH WATSON ALEJANDRO GARCIA ALEJANDRO GARCIA 707 W GRUENWALD 915 COZY LN OSHKOSH WI 54901 915 COZY LN OSHKOSH WI 54901 OSHKOSH WI 54901 PLAT OF SUR VE Y Al! of Lot 116 and parf of Lot 117 of BAY VIEW PARK PLAT, City of Oshkosh, Winnebago County, Wisconsin Survey lor: NTS Buiiders Alitch Watson 818 West Fourth Ave. Oshkosh, M/ 54904 BeerinBs ere referenced to the North line o! Kacerthur Road, assumed to beer S 88.50'58" W /~ / ~~' Q~ tiP~~ 0 ~~ ~ ~~~ / Parcel contains 8,438 sq.ft. v SPLIT WOOD-RAl FENCE Scale I inch = 30 leaf s' LOT 115 ~~ ,6;: i, d. ~.~ PGA, •~?~J ~~ ~GP~ ~"~ ~+~~ OP S 885058" W 184.30' iilACARTHUR ROAD- -~ Geroge distances of right angles to property line are A 2.3' B 2.5' c = is p t.1' LOT 117 ,. , c; ..•, .5 ~,' JL1 {l~~ . LECf/V0 ....,~..,,N,• ~ r aPCrt~P£ffT SURVBYOR'S CBRTIF/CATB: • R~[RduD SAf£ ffT I, Aaraby eartlly tbat /tiara aurrayad tbla property and this X tT[S~tm x^ 37ET IOOp /a • true rapraaantat/on tbaraol sad abort tba else and o Jye^nEt+ARrOtwO location of tbs propartp /t'a extarlor boundarlaa, tba location o! alt apparent easements and road-~ya and r/albla eoaroachaants: O t^ titW PFIE rtN.aD Tbla aurra~ is made /or tba eaclual-a uaa o/ tba present ornar of p 1_rr~-,~gAprap the property, and aiao those rho purobaae, nwrtBaBa or Buarantas 0 ?^sarw~£rt>raD the tltla thereto r/thln one (!) year lrotn data 6sraol: and ea to them I Aereby oertlly that sa/d aurra~ and m rare made !a ® desEZCO x^raw acoordeaoa r/tA acoeptable Prolesaloaal Standards and that tbs 0 COt27eaENTCpa~ER inlormat/on conta/ned tberaoa !a, to tba bat! of alY knorladBe, lnlormatioa and balls) • true and aecurats reprasentatlon tbsreol. ~~. ~~ ~ ' 1 O ~aECnwuEn As ~ I ~ ( I li; 'I ~ "t ~, ,y; ~ ~ r ~. 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