HomeMy WebLinkAboutLetter (BZA/variance) - 05/10/2001 City of Oshkosh
Dept. of Community Development
215 Church Ave.. PO Box 1130
OA-KO/1H Oshkosh, WI 54903 -1130 Jackson R. Kinney
ON THE WATER (920) 236 -5059 (920) 236 -5053 FAX Director
May 10, 2001
Michael L. Lohoff
1615 White Swan Drive
Oshkosh, Wisconsin 54901
RE: 1615 White Swan Drive
Dear Mr. Lohoff:
On May 9, 2001 the Board of Appeals approved your variance request to attach a swimming pool to the
principle structure, which will have a 19' rear yard setback.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on May 10, 2001. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh
Zoning Ordinance, your variance will expire on November 9, 2001 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 -5059.
Sincerely,
Matt Tucker
Associate Planner
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City Hall
215 Church Ave., PO Box 1130
Oshkosh, WI 54903
(920) 236 -5059
BOARD OF APPEALS AGENDA
MAY 9, 2001
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, MAY 9, 2001 at
3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF APRIL 25, 2001 MEETING MINUTES
I: 448 W. 7 AVENUE
Paul Schimelpfenig, applicant and owner, requests a variance to allow a 12' by 12' or 144 square foot utility
shed in the rear yard whereas, Section 30 -19 (B) (4) (e) (iii) of the City of Oshkosh Zoning Ordinance allows
for utility sheds up to 100 square feet in size.
II: 1615 WHITE SWAN DRIVE
Michael L. Lohoff, applicant and owner, request a variance to attach a swimming pool to the principal structure,
which will have a 19' rear yard setback, whereas Section 30 -17 (b)(3)(d) requires a 25' rear yard setback.
III: 522W. 5 AVENUE
William Steiner, applicant and owner, requests variances for a front yard setback of 20.5' and side yard setbacks
of 2' and 6', whereas Section 30 -19 (b)(3)(b) requires a 25' front yard setback and 7.5' side yard setbacks.
IV: 1108 JACKSON STREET
Russell Schultze and Andrew Habermann, applicants and owners, request a variance to construct a parking
space in the front yard setback; whereas Section 30- 36(A)(4) of the City of Oshkosh Zoning Ordinance requires
no parking in designated setback areas, except in the driveways of single family and two family dwelling units.
Also, Section 30- 36(C)(5)(c) states that where no garage exists, the maximum driveway width shall not exceed
12 feet. Said driveway shall be situated so as not to create only a front yard parking area.
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
MAY 9, 2001
PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, Randy Husman, Joel Kluessendorf
EXCUSED: Don Krueger and John Schorse
STAFF: Susan Kepplinger, Principal Planner; Matt Tucker, Associate Planner: Mary Lou Degner
and Vickie Rand, Recording Secretaries
Matt Tucker called for nominations for Chairman Pro Temp. Cheryl Hentz nominated Randy Husman,
Seconded by Dahl. Unanimous.
The meeting was called to order by Chairman Pro Temp Husman. Roll call was taken and a quorum
declared present.
The minutes of April 25, 2001 were approved as mailed. Hentz/Dahl. Unanimous.
I: 448 W. 7th AVENUE
Paul Schimelpfenig, applicant and owner, requests a variance to allow a 12' by 12' or 144 square foot
utility shed in the rear yard whereas; Section 30 -19 (B) (4) (e) (iii) of the City of Oshkosh Zoning
Ordinance allows for utility sheds up to 100 square feet in size.
Motion by Hentz to lay over the item because the applicant was not represented.
Seconded by Ameringer. Motion carried 5 -0.
II: 1615 WHITE SWAN DRIVE
Michael L. Lohoff, applicant and owner, requests a variance to attach a swimming pool with a 19' rear
yard setback to the principle structure whereas; Section 30 -17 (b) (3) (d) requires a 25' rear yard
setback.
Matt Tucker introduced the item.
Mr. Ameringer questioned the applicants intent.
Mr. Lohoff stated that due to the deteriorated deck he wished to replace this area with concrete. He
presented pictures showing the pool area. He raised concerns as to the maintenance issues of a wood
deck and the safety issues of barefooted swimmers getting slivers. He also mentioned he would like to
add a screened porch in the future to abate the problem with bugs. He stated the area now consists of
gravel, where he wanted to attach the apron.
Susan Kepplinger stated that the deck was conforming at this time, however, replacing the deck with a
concrete deck, patio and apron to connect the pool area will result in the pool being attached to the
principle structure, therefore making it nonconforming because it will only be set back 19' from the rear
lot line, where 25' is required. Mr. Lohoff assured the board that he had no intention of enclosing the
pool itself.
Board of Appeals Minutes -2- May 9, 2001
Discussion followed concerning a wooden deck vs. concrete. Mr. Lohoff questioned how the
improvements he wanted to make would have a negative impact on the area. Discussion followed on the
alternatives available for Mr. Lohoff which included having open space between the deck and the pool,
and the reasoning for that stipulation in the zoning ordinance.
Mr. Dahl stated he couldn't find a hardship. Ms. Hentz stated there didn't appear to be a hardship,
however she felt concrete would be an improvement over gravel.
Motion by Hentz for approval of the variance to attach a swimming pool to the principal
structure which will have a 19' rear yard setback. Seconded by Dahl. Motion carried 4 -1.
Nay: Kluessendorf.
Findings: Cheryl Hentz stated she saw no determent to neighbors and did not see a difference
between gravel and concrete. Chairman Husman stated replacing the deck and gravel
with concrete would be an improvement to the property.
III. 522 W 5 AVENUE
William Steiner, applicant and owner, requests variances for a front yard setback of 20.5' and side yard
setbacks of 2' and 6', whereas Section 30 -19 (b) (3) (b) requires a 25' front yard setback and 7.5' side
yard setbacks.
Matt Tucker introduced the item. He stated the proposed property improvement exceeded 50% value of
the structure and therefore a variance was necessary He stated that these improvements to an old
home would result in a net improvement to the neighborhood.
William Steinert the applicant had nothing to add.
Motion by Hentz for approval of the variance for a front yard setback of 20.5' and side yard
setbacks of 2' and 6'. Ameringer seconded the motion. Motion carried 5 -0.
Findings: Ms. Hentz stated there would be no adverse impact to the neighborhood and that it would
improve the overall structure. Joel Kluessendorf agreed that it would be an improvement
to the home, and Chairman Husman stated it would be in the same location and the same
size.
IV. 1108 JACKSON STREET
Russell Schultze and Andrew Habermann, applicants and owners, request a variance to construct a
parking space in the front yard setback; whereas Section 30 -36 (A) (4) of the City of Oshkosh Zoning
Ordinances requires no parking in designated setback areas, except in the driveways of single family and
two family dwelling units. Also, Section 30 -36 (C) (5) (c) states that where no garage exists, the
maximum driveway width shall not exceed 12 feet. Said driveway shall be situated as not to create only
a front yard parking area.
STAFF REPORT BOARD OF APPEALS
MAY 9, 2001
ITEM II: 1615 WHITE SWAN DRIVE Michael L. Lohoff, Applicant and Owner
GENERAL DESCRIPTION AND BACKGROUND
Michael L. Lohoff, applicant and owner, request a variance to attach a swimming pool to the principal
structure, which will have a 19' rear yard setback, whereas Section 30 -17 (b)(3)(d) requires a 25' rear
yard setback.
The general area is characterized by single family residential land uses and the subject property is
zoned R -1 Single Family Residence District. The subject property is a single family home.
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 attach an existing pool to the house, which will result in the
pool being a part of the principal structure, and the principal structure having a 19' rear yard setback.
The intent of the applicant is to construct a pool and attached decks, patio, and apron that will project 6'
into the required 25' rear yard setback.
It appears the request is based on the petitioner's desire, rather than a hardship.
Based on this information, staff recommends denial of the variance as requested.
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