HomeMy WebLinkAboutLetter (BZA/variance) - 09/13/2001 «.�,.iww.......- ,mn. 1■11=111111s it
City of Oshkosh
Dept. of Community Development
215 Church Ave., PO Box 1130 Jackson R.1 2y
o HKOIH Oshkosh, WI 54902 -1130 D
(920) 236 -5059 (920) 236 -5053 FAX
ON THE WATER
September 13, 2001
Benedict A. Schneider
1825 White Swan Drive
Oshkosh, Wisconsin 54901
RE: 1825 White Swan Di
Dear Mr. Schneider:
On September 12, 2001 the City )shkosh Board of Appeals laid over your variance request to
construct a 12' x 12' or 144 squat bot utility shed in the rear yard.
Your variance request has been n heduled for the October 10, 2001 Board of Appeals meeting. Yc
or a representative should attend 3 meeting to answer questions of the Board.
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 ity Hall
,fir OMNI
Board of Appeals Minutes -5- September 12, 2001
Ms. Hentz asked if the applicant had a problem with conditions.
Mr. Cook said he did not have a problem with this.
Discussion followed concerning the contractor's responsibilities in this issue and questions were asked
as to the relevance of the expired license plates on the car parked in this area.
Mr. Tucker explained that the City has a municipal code that does not allow inoperable or unlicensed
vehicles. This is a tool that the inspectors use regularly to address abandoned vehicles.
Mr. Cook responded that he would be glad to bring this vehicle up to date.
Chairman Krueger commented this is one reason he has a problem with parking spaces next to garages.
He said these areas tend to become storage areas. He added he does not hold the applicant responsible.
but it was put in illegally and does not meet the setbacks required. Chairman Krueger stated he finds no
hardship.
Mr. Schorse commented that the Board approved a previous request for an apartment building in the
area that was too close to the lot line. He said in his opinion the applicant should not be held responsible
because the hardship was beyond Mr. Cook's control. Mr. Schorse added that screening could mitigate
this problem.
Mr. Kluessendorf said he thought the only hardship would be if the contractor was not liable for
removing the area.
Chairman Krueger pointed out that would be an economic hardship and would not qualify. He added
Mr. Cook has other alternatives.
Motion by Hentz for approval to construct an off street parking space along side an attached
garage, with a 2'8" side yard setback.
Motion seconded by Schorse. Motion denied. 1 -3. Aye: Schorse. Nay: Hentz, Kluessendorf,
Krueger.
V. 1825 White Swan Drive
Benedict A. Schneider, applicant and owner, requests a variance to construct a 12' x 12' or 144 square
foot utility shed in the rear yard, whereas Section 30- 37(B)(4)(e)(iii) of the City of Oshkosh Zoning
Ordinance allows for utility sheds up to 100 square feet in size.
Matt Tucker introduced the item with pictures.
Ben Schneider, 1825 White Swan Drive, said he was not familiar with the City ordinances so he first
determined the size of structure necessary according to his storage needs of lawn equipment, snow
blowers, etc.. He then went through the process of finding sheds that would fit his requirements.
Board of Appeals Minutes -6- September 12, 2001
Following this he learned from a city handout that sheds over 100 square feet require a cement slab, so
this led him to believe that he could build a 12' x 12' shed. Mr. Schneider said he then found out his
request would call for a variance. In the process he was told staff would recommend denial for this
request. Mr. Schneider stated that alternatives recommended were to expand the present garage, or to
build a detached garage, which would require another driveway. In his opinion neither of these options
would be cost effective. He said the hardship is that a 10' x 10' is not large enough for homeowners of
today. Mr. Schneider added that another problem is that the smaller sheds all have a 6' tall opening and
he is 6'4 He noted the structure would be sided and roofed the same as the house and the structure
would be setback further than required. He added the neighbors do not have any objections.
Ms. Hentz asked the size of the existing garage.
Mr. Schneider answered two cars fit in snugly and mentioned the fact that a chimney is on the inside of
the garage.
Mr. Kluessendorf asked about the issues of adding on to the current garage.
Mr. Schneider said the addition would have to be on the backside because there would not be enough
room on the side to meet setback requirements and the roof peaks toward the back so architecturally it
would not fit right.
Chairman Krueger stated he could support this if they attached a condition that no other storage
structures be built without removing this one.
Mr. Schneider stated there is a covenant for his neighborhood that only allows for one out building.
Mr. Schorse asked what the hardship is.
Chairman Krueger replied storage. He said the applicant has a garage, which is barely a two -car garage
in an older subdivision. He added this would allow for items that are now outside to be stored inside.
Ms. Hentz said she could support the condition and the variance.
Motion by Hentz to construct a 12' x 12' or 144 square foot utility shed in the rear yard, with the
following condition:
1.) No other storage structure be erected on the property.
Seconded by Schorse. Motion laid over. 3 -1. Aye: Hentz, Krueger, Schorse. Nay: Kluessendorf.
The applicant stated he would not be available for the next meeting, so the item is laid over until
October 10, 2001.
Board of Appeals Minutes -7- September 12, 2001
Other Business
Mr. Tucker commented he is always available to the Board if they have any questions and they are
welcome to contact him.
Chairman Krueger made a request for the City Attorney to be present at the next meeting to answer
questions concerning the memorandum from the Milwaukee Journal Sentinel regarding variances /zoning
standards, which Mr. Tucker included with the staff reports.
Mr. Tucker said he would extend the invitation to the City Attorney's Office.
There being no further business the meeting adjourned at 4:55.
Respectfully submitted,
Matt Tucker
Associate Planner
MT /mld
Board of Appeals Agenda
September 12, 2001
Page 2
IV: 1195 FREEDOM AVENUE
Walter M. Cook III, applicant and owner, requests a variance to construct an off street space along side
an attached garage with a 2'8" side yard setback, whereas Section 30- 36(C)(5)(a)(ii) of the City of
Oshkosh Zoning Ordinance requires a 7'6" setback.
V: 1825 WHITE SWAN DRIVE
Benedict A. Schneider, applicant and owner, requests a variance to construct a 12' x 12' or 144 square
foot utility shed in the rear yard, whereas Section 3- 37(B)(4)(e)(iii) of the City of Oshkosh Zoning
Ordinance allows for utility sheds up to 100 square feet in size.
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.
STAFF REPORT BOARD OF APPEALS
SEPTEMBER 12, 2001
ITEM V: 1825 WHITE SWAN DRIVE
GENERAL DESCRIPTION AND BACKGROUND
Benedict A. Schneider, applicant and owner, requests a variance to construct a 12' x 12' or 144 square
foot utility shed in the rear yard, whereas Section 30- 37(B)(4)(e)(iii) of the City of Oshkosh Zoning
Ordinance allows for utility sheds up to 100 square feet in size.
The general area is characterized by 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 applicants are requesting a variance to allow construction of a 144 square foot utility shed in the
rear yard area. Since the property is not substandard in terms of width and depth, there does not appear
to be anything that creates a hardship warranting the granting of this variance. Additionally, the owners
do have alternatives to either construct a 100 square foot utility shed without needing a variance, a
detached garage, or expand the existing attached garage to a maximum of 1,200 square feet.
The request appears to be based upon the owner's desire to have a larger utility shed than allowed by
the Ordinance rather than a hardship.
Based on this information, staff recommends denial of the variance.
Please Tvne 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
$25.00 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: 5 CO 4-e 5u, a q 0 ti W e o Sk) s k, w..r 5' K 9 v/
Petitioner: 13 e v► e R S C In v -e :1-e v l R .e `n Home Phone: 3 5 d '-j e
Petitioner's Address: )4 r L, i S (Mkt". V fl v-r Work Phone: a' 3 .S
Signature Required:G Date: e/41 &o
Owner (if not petitioner): W\ 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: 1 )c 1 54 to 9e S
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or
structures:
4. Describe the hardship that would result if your variance were not granted:
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