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Home My WebLink AboutLetter (BZA variance) - 10/10/2002 CO City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 JACKSON R. KINNEY O fHKO n I Oshkosh, WI 54903 -1130 Director '\W I l (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER October 10, 2002 Richard Meyers 344 Saratoga Avenue Oshkosh, Wisconsin 54901 Dear Mr. Meyers: On October 9, 2002 the Board of Appeals approved your variance to construct an off street parking area that will have a 4' rear yard setback, with the following condition: 1.) The off street parking area be screened from the adjacent properties by a 4- seasons hedge. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on October 10, 2002. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on April 10, 2003 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. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for from the Inspection Services Division in Room 205 at the Oshkosh City Hall between 7:30 8:30 AM and 12:30 1:30 PM, Monday thru Friday, or call (920) 236 -5050 for an appointment. Please bring all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236 -5062. Sincerely, Matt Tucker Associate Planner MT /mld cc: Inspection Services Division, City Hall j� ,I/ City of Oshkosh \i!' Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 JACKSON R. KINNEY (920) 236 -5059 (920) 236 -5053 FAX Director OIHKQIH ON THE WATER BOARD OF APPEALS AGENDA OCTOBER 9, 2002 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 9, 2002 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF SEPTEMBER 25, 2002 MEETING MINUTES I: 344 SARATOGA AVENUE Richard Myers, applicant and owner, is requesting a variance to construct an off street parking area that will have a 4' rear yard setback, whereas Section 30- 36(C)(5)(a) of the City of Oshkosh Zoning Ordinance requires off street parking areas have a 7.5' side yard setback and a 25' rear yard setback. II: 1215 W. NEW YORK AVENUE Thomas Edwards, applicant and owner, is requesting a variance to expand an existing driveway by 3', which will result in the driveway being wider than the garage, whereas Section 30- 36(C)(5) of the City of Oshkosh Zoning Ordinance requires driveways to be no wider than the garage. OTHER BUSINESS ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236 -5059, BETWEEN 8 AM 4:30 PM, MONDAY THRU FRIDAY BOARD OF APPEALS MINUTES OCTOBER 9, 2002 PRESENT: Cheryl Hentz, Joel Kluessendorf, John Schorse, Ed Wilusz EXCUSED: Carl Ameringer, Don Krueger STAFF: Matt Tucker, Associate Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Vice Chairperson Hentz. Roll call was taken and a quorum declared present. The minutes of September 25, 2002 were approved as mailed. (Schorse/ Kluessendorf) I: 344 SARATOGA AVENUE Richard Meyers, applicant and owner, is requesting a variance to construct an off street parking area that will have a 4' rear yard setback, whereas Section 30- 36(C)(5)(a) of the City of Oshkosh Zoning Ordinance requires off street parking areas have a 7.5' side yard setback. Matt Tucker introduced the item and circulated pictures. Richard Meyers, 344 Saratoga Avenue, said he has invested a substantial amount of money in the subject property including replacing two bathrooms, replumbing of the house, installing a new furnace and air conditioning unit, painting and landscaping. Mr. Meyers stated when he purchased the property he knew the garage was to be demolished, but he had no idea what that financially entailed. He said his desire is to have a 20' x 40' parking pad, equipped with grade beam, to provide four parking spaces for the present time, which would allow for a future code compliant garage. Mr. Meyers said he would comply with the recommended condition that the area be screened by a 4- seasons hedge and added, in his opinion, it would be a great improvement to the present parking situation. Mr. Kluessendorf questioned if there was enough entrance, egress, and turn around space between the house and the slab. Mr. Meyers responded there would be enough room with the approval of the variance request for the 4' rear yard setback, because this would allow for about 30' between the house and the slab. He commented that having to abide with the required 25' rear yard setback is part of his hardship because of the difficulty there would be in the maneuvering area. During board discussion it was noted the two family use of the subject property is legal nonconforming, since the lot is substandard. Motion by Schorse to approve a variance request to construct an off street parking area that will have a 4' rear yard setback, with the following condition: 1) The off street parking area be screened from the adjacent properties by a 4- seasons hedge. Seconded by Wilusz. Motion approved 4 -0. Unanimous. Board of Appeals Minutes 2 October 9, 2002 Finding of the fact: It was concluded that there were not a lot of options, it would be a great improvement, there would be no adverse impact on neighboring properties, and the substandard lot was not self created. II: 1215 W. NEW YORK AVENUE Thomas Edwards, applicant and owner, is requesting a variance to expand the width of an existing driveway by 3', which will result in the driveway being wider than the garage, whereas Section 30- 36(C)(5) of the City of Oshkosh Zoning Ordinance requires driveways to be no wider than the garage. Matt Tucker introduced the item with photos. Thomas Edwards, N3383 Cty Hwy MM, Wautoma, Wisconsin, presented pictures of the driveway denoting the staggered parking, which is currently necessary. He said he was pleased with staff' s support of his request for the expansion of the driveway, however he had a concern with the condition, which states that the driveway be paved within eighteen months because that would be creating a hardship for him. Mr. Edwards said he could appreciate the fact that a paved driveway looks better, however because it is not a Zoning Ordinance requirement, in his opinion, he should not be required to have the added expense and in addition, Mr. Edwards noted that in the immediate vicinity of the subject property there are 12 existing gravel driveways. He stated he could support the notion if everyone was required to do the same, but feels that he is being singled out because of his desire to expand the driveway. Mr. Tucker explained that the Ordinance was amended in 1987 to require driveways to be paved, it was again altered in 1996 to require that if a driveway has been expanded by 50% in length, width, or surface area, the driveway is to be paved. He said this is to effectively create a better environment. It would reduce dust and curtail the problem of material spilling out of the driveway onto sidewalks and roadways. Mr. Tucker stated that it is reasonable, in his opinion, if granting the variance to ask that the driveway also be paved. He further explained that there is an allowance of eighteen months, for completion, from the time the permit is issued. He also added that staff is sensitive to the fact that paving can not be completed in Wisconsin's winter season and explained the procedures for enforcement. Mr. Tucker reminded the Board that in hearing the variance request, they must base their decision on the facts as they relate to the subject property only. Mr. Edwards said that he personally attends to the maintenance issues of the rental property. He noted there has been some spill out of the gravel in the driveway, due to the recent rain, however he strongly feels he can maintain the gravel driveway in such a way that it will not create a problem. Mr. Edwards stated that he purchased the property about 1 year ago and said there are interior improvements which need to be addressed and stated the fact that he is not in a financial position to currently pave the driveway. Mr. Kluessendorf questioned if the minimal expansion would actually be useful. There was further discussion on the size of the expansion. Mr. Edwards said he was trying to avoid citations from the building inspector and found that the 3' expansion would be practical. STAFF REPORT BOARD OF APPEALS OCTOBER 9, 2002 ITEM I: 344 SARATOGA AVENUE GENERAL DESCRIPTION AND BACKGROUND Richard Myers, applicant and owner, is requesting a variance to construct an off street parking area that will have a 4' rear yard setback, whereas Section 30- 36(C)(5)(a) of the City of Oshkosh Zoning Ordinance requires off street parking areas have a 7.5' side yard setback and a 25' rear yard setback. Single and two family dwellings comprise the land use in the general area. The subject property is zoned R -2, Two Family Residence District. The subject property is a two family dwelling. ANALYSIS AND RECOMMENDATION 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 applicant is requesting a variance to provide uncovered parking in the setback area, by constructing a new garage slab in order to provide the required four parking spaces for the dwelling, but does not intend to construct the garage until a later date. The new parking area will replace the existing dilapidated 1 car garage, under City inspectors' raze orders. The subject property is a legal nonconforming duplex, located on a 52.5' x 114' lot, with a shared driveway for access to the rear yard. The dwelling currently has three parking spaces, two as uncovered, unscreened gravel spaces, with the third space located within the dilapidated garage structure. Since the rear yard area is small, construction of an off street parking area out of the setback areas is a challenge. In reviewing the applicant's options, the most desirable option would be for the applicant to construct the detached garage on the slab, which would not need variances, however, at this time, the applicant chooses to provide the parking as surface parking, which would require a variance. The setbacks, as proposed by the applicant, appear to reflect a requested location for a future garage construction, rather than to provide a functional off street parking area. City records indicate the home was built 50+ years ago, the present owner purchased the property in March 2002, and therefore any hardship would not be self created. In regard to adverse impact, although the expansion of open parking could have a negative impact on the surrounding properties, this could be mitigated by the installation of a 4- seasons hedge, which will grow to a mature height that would effectively screen the vehicles from the adjacent properties. Based on this information, staff recommends approval of the variance, with the following condition: 1. The off street parking area be screened from the adjacent properties by a 4- seasons hedge. Please Tyne or Print in BLACK INK Return to: Department of Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903 -1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also 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.) There is a $125.00 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: 394/ 1avo .<4 Petitioner: l/r1yp.4- Home Phone: Ale 24 //b6 Petitioner's Address: S 1 Work Phone: Signature Required: Date: 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 hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: -r r &2. +0 4nA t a• I' a.. TYYI U.)trl S•l'�onL4 bi t r t� acts, VA ir �1irret h O mot \e"`i% Z I A+ [1A0 \o pr.) r> Acs a� 0 Q (Aii, d a itc,4" 2. Describe how the variance would not have an adverse effect on surrounding properties: -C, .C Vr� A l p 1, 1n au 0. viS Iva c' S t ni ,r j.� flcvestr .Q li°k'o`°lp :s (f,fxgi ti�-1 4 e R s a e ds 001( -co,sk;1s0eA ®v\ce rAJ-9 (Continued on Reverse Side) 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: k rf-o :NN, i l Y k y -Po.; I h m SQ'' -H o r 0 _o_s S 4. Describe the hardship that would result if your variance were not granted: Orrrxkf I iC cn S trr+i(.c r'°'�tut€.� tutl Q Q f Y rk Mika clork U #k it to 6,,tis_t7P fnc ;s c,N,1 5d I00J Lo ylAsx,vok a IA t-11. revly 10A.-7.11,5 S (1.rJ -A 4 Lbatdi 6, a in,,,o toss ice ■•■J FOR OFFICE USE ONLY ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) �s .C6g. LA i 6) ‘-;/9-4 4' P,4Lnrvr.J //38 :174-c.kraJ .ST c34'o Sipe r2 ,4A- .44/C 4S/-1kosW L.c11- mac/ O 3 7G 6 SF(/(s f Ji 5 3731 p 2) ok✓ (1-77 /)?4c e. az 7) i r L t 1/ yy ��.�c.k S-r �D .c,e ,l (1L artf l L1 l. 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The City of Oshkosh is not re- Commtuuty Development sponsible for any inaccuracies herein contained. on THE vases If discrepencies are found, please contact the City of Oshkosh. 1 20' Created by MT 08/29/2002 I f x 4 3. 3 p k £Y+F°' s 5^ 4L" e t S e I libi O ♦�O O♦ ice -.r: y ��i♦ y I mo ♦♦Oi�ti ♦♦�♦�%♦♦i c V t N -t., i i ♦ice „4,, .1.-.."-.4.‘"...- -**A"..'i „Ws 2 i ►i r g "1 4 i, rec. OOb F 'i' Vit,,. V. 4.: .V '42 A •-s r ...r, 2► QQ i i A A L 0 -.-4,,?......'*=,',';4_7:1.44 ..:0*.ter.....,,I. i $i r r p 1,.. ..,,,,..‘,.....i 7 SARAAT DISCLAIMER Close Up View This map is neither a legally recorded map nor t I V a survey and it is not intended to be used as one. 344 Saratoga a Ave rl UPi 01114 This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference O.IHKOlH purposes only. The City of Oshkosh is not re- Development Community y sponsible for any inaccuracies herein contained. lJ 1 ON THE WATER If discrepencies are found, please contact the City nrOshkosh. 3 0 3 6 9 Feet 09/10/02 Created by MLD I W� I v i—t 1 1- -T•'�i 1 1 1•11111=1 MINIUM MEM 111 ■lmi�wm s'w w a> isi w■. a ww ill w I. z fr agal __N_ ww ar —r— M•1•10 r......4 M "NA I"1 mile lim nom I_ _i i 111�� -r- to 11 i1�1.1 1 1 1 T _S ubject Site' T m= 1•17 I imam I 1 11111 ®1 1•17 MN 112 1 L1112 Cr N mormin V ili li r r ORM 14 MI: MIME MIMI 1 11111 I mum M a! :�II�11, 1 I�IIC 1�I�. MC ai pi 1111111! :11 1 i H I 5 m e, i�: RT H W Mal Z 1111 1... ®11 P 1 wi Il lli. w� Mra1 NNW At MIN= ■R i; z 1111 p I T 1 T "Ali Ids'' I in I I I I I 1 111111 IM11�111 1L NM -1 i 1 11111 1111 111 1 mow. a.;« r iiaw 1 MM. �.:.LSI:111: �:I 1111 —I I INE i,��! III11llII ITT V� l i ita iii�lll =AVI P'' =pmi 11 1 =0 L'' /11/...1 Ir ■r n T 1 I ■full C CC —11- e-�. 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Mara Mara s. T� Mara r u■� NI 2 el DISCLAIMER Existing Zoning AN This map is neither a legally recorded map nor a survey and it is not intended to be used as one. 344 Saratoga Avenue F This drawing is a compilation of records, data j and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting 1 the area shown and it is to be used for reference Community Development O f HKO.lH purposes only. The City of Oshkosh is not re- sponsible for any i are herein contained. 5 0 500 Feet ON THE WATER If discrepencles are found, please contact the City of Oahkoah. nnn_� immmomo Created by MLD 09/10/02