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HomeMy WebLinkAboutItem ISTAFF REPORT BOARD OF APPEALS MARCH 11, 2009 ITEM L• 45 & 51 W. 10TH AVENUE GENERAL DESCRIPTION AND BACKGROUND Randall L. Herrman-applicant, AKH Properties LLC-owner, requests variances to permit one principal structure to have a 0.3' side yard setback and another principal structure to have a 3.6' side yard setback. Section 30-19 (B)(3)(b) of the Oshkosh Municipal Code: R-2 Two Family Residence District requires 7 .5' side yard setbacks. The rectangular-shaped subject properties are dimensionally legal nonconforming 50'x150' (7,500 sq. ft.) parcels and zoned R-2 Two Family Residence District. Single family residential uses are adjacent to the property in all directions, except to the west where an institutional church use is present. The general area is characterized as predominately low to medium-density residential. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? Currently, 45 W. 10th Avenue is a vacant interior parcel located on the south side of W. 10th Avenue, while 51 W. 10th Avenue is located on the southeast corner of the W. 10th Avenue and Nebraska Street intersection. Fifty-one W. 10th Avenue is developed with two legal non-conforming principal structures. They are nonconforming because the zoning ordinance does not permit two principal structures to be placed on one parcel in the R-2 district. One principal structure is a single family dwelling unit located on the northern half of the parcel (address 51 W. 10th Avenue), while the other principal structure is a two family dwelling unit located on the southern half (address 1012 Nebraska Street). The petitioner is proposing to combine 45 W. 10th Avenue with 51 W. 10th Avenue, and then re-divide the parcel into two separate parcels measuring approximately 78'x100' and 72'x100' respectively (see attached Certified Survey Map). The proposed lot combination and subsequent land division would create two dimensionally conforming lots and eliminate the current two principal structures on one lot nonconformity currently in place at 51 W. 10th Avenue. In order for the proposed lot split to occur, however, setback variances are needed because the principal structure on 51 W. 10th Avenue would be 0.3' from the side yard lot and the principal structure on 1012 Nebraska Street would be 3.6' from the side yard lot line. STAFF REPORT BOARD OF APPEALS ITEM I -2- MARCH 11, 2009 The applicant feels no adverse effect on surrounding properties will occur with the request because the physical development and layout of the properties will remain unchanged. The special condition that applies to the property is it features two principal structures on one lot and if the variances are not granted, the non-conformities will continue and make future improvement efforts difficult. The unusual circumstance of having two principal structures on one lot is a justifiable hardship and grounds for granting the side yard setback requests in this instance. Without the lot reconfiguration and side yard setback variances, one of the principal structures on 51 W. 10th Avenue would fall into disrepair and need to be removed over time. The proposal is attempting to utilize the existing structures and would not affect the physical layout of the neighborhood. Inspections Services reviewed the proposal for compliance with the state building code and is requiring a 6' wide no-build easement be established along the north lot line of 1012 Nebraska Street. This is necessary due to state building code requirements. If the easement is not recorded, the existing south wall of the principal structure at 51 W. 10th Avenue would be required to be demolished and rebuilt as a fire-rated wall. By recording the 6' no build easement, the existing south wall can remain in place. The variance requests will not be detrimental to adjacent properties as long as the no-build easement is recorded along the north lot line of 1012 Nebraska Street. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variances as requested with the following condition: 1. A 6' wide no-build easement along the north property line of 1012 Nebraska Street shall be recorded with the Register of Deeds.