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Home My WebLink AboutLEtter (BZA/variance) - 10/11/2001 City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Jackson R. Kinney O1HKOfH Oshkosh, WI 54902 -1130 Director (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER October 11, 2001 Benedict A. Schneider 1825 White Swan Drive Oshkosh, Wisconsin 54901 RE: 1825 White Swan Drive Dear Mr. Schneider: On October 10, 2001 the City of Oshkosh Board of Appeals laid over your variance request to construct a 12' x 12' or 144 square foot utility shed in the rear yard. Your variance request has been rescheduled for the October 24, 2001 Board of Appeals meeting. You or a representative should attend this 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, City Hall o ��OYq„ City of Oshkosh m 1:1 c? cl i Dept. of Community Development City Hall Church Box 1130 Oshkosh, WI 54903 (920) 236 -5059 (920) 236 -5053 FAX BOARD OF APPEALS AGENDA OCTOBER 10, 2001 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 10, 2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF SEPTEMBER 26, 2001 MINUTES I. 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. II: 420 DIVISION STREET Jim Stapel, applicant, Carl Stapel, owner request a variance to construct a 6' high, less than 50% solid fence in the front yard area, whereas Section 30 -35(E) of the City of Oshkosh Zoning Ordinance requires fences in the front yard area be less than 4' high and less than 50% solid. III: 1195 FREEDOM AVENUE Walter M. Cook III, applicant and owner, requests a variance to construct an off street parking 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. IV: 215 W SMITH AVENUE Mark Ellen Roemer, applicants and owners, request variances for a principal structure with a side yard setback of 5.5' to the west and a front yard setback of 24.2', whereas Section 30- 17(b)(3)(b0 and (c) require a 7.5 side yard setback and a 25' front yard setback. 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 OCTOBER 10, 2001 ITEM I: 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. This item was laid over from the September 12 2001 meeting. 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. 10/01/01 Please Type 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: CO t i41. 5u.) a vt Q iNI v f 05L VoSk wz 5' 0 Petitioner: 73 e We A.. s c..f R. 5 C L vve 1,„.. C Q? Y1) Home Phone: a 3 6' -a. 4,120 Petitioner's Address: )4 L i S wet A Pi V-t Work Phone: a' 3 S' e ''St' Signature Required:OWA...o.A.N. Date: tf>1 1 d-0O Owner (if not petitioner): a 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: l a I a Soo rat e 51.,. d w 4 b 7 0 1) 0 of Q.t IoxIo Oe Stv►allcr 4Le85 VA vo 0. G d am. `"'i 1 (o 4 a C A'Aart ha G t k 1 C ke. o iVer +k-a r. l a X W IA -i 4 7 0 p-e v.1 v o; l a L s' c co tv.e o v, c i In e l ow w C (`o l J P ci-4- Q aa-r& o c="'"--4-1-' s a v" l n e w3 1, 3Lae 1r. &v a Lam t 0� Ro X i s o 2. Describe how the varinace would not have an adverse effect 011 surrounding properties: -s 5 L, b I a 4\-c iO■ 10 u re l c.,.o i sue cl o,. lc4 ha' A 4� 2- trvav► -L o s wo -la ,c)e o nk7 5 L111-‘4t bier VA v. lux ID Vhuck. S wader +1tao 4. �CCra7 Sa ('rnt4 a (1 "S p rop„ Alcs ,,iok,Ud ppolnult 61pct'Ccr` a I .X I. US o. .0.r4 pe (Continued on Reverse Side) g 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: C p i'v., r ay..6 l e s s s'4o,rtt 4i '1'"i' LvN N 4-e ,1 X la went 0 r e v 'd a eNOu S pace Lo' c- s oNt S Pt o blo —v 4 860, a pare, wider rt d ln iv) d tuQ( a A. a v a(t o e s l a ua vi S e i r 4'c t i ^ft),r out- a i�- 5 #o f w aicL O IA r 14 au FOR OFFICE USE ONLY ADJACENT PROPERTY OWNERS WITH MAILING ADDRESSES 1) ST (.-E c i crc r (sf kinA7J 6) AiC%10 /I'I. AlAttA. 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The (Sty of Oshkosh i not r r `J p spoiaible for any irmc curac ies herein contained OR THE WATER [f discrepancies are f ound, please contact the 61y of osldcosh .30 Created by MID i I I 1 Sub'ect Site I Cr) 00 I l agm." I 1 �•ww ww•w•w• w i G� r ••w•wwwwwww•w•w•••www•w X i�i►` i�• iji s •iw i 4 4, ►•d ►ppp•• 4 .4 1■ ••••••iy 00i%i O M O s i x` ti P� .2••• h ff ••a. 1 •i i•O O ••i •O J x ,r •J •p 1 i I W I ta.!„,s I i I a DISCLAIMER Close Up View ANI This map is neither a legally recorded map nor a survey and it is not intended to be used as one. 1825 White Swan Drive Ciiii) This drawing is a compilation of records, data and information located in various city, county 1 n state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference Qf HKOlH purposes only. The City of Oshkosh is not re- Community Development sponsible for any inaccuracies herein contained. on THE WATER If discrepencies are found, please contact the 8/23/01 (Sty of Oshkosh. 30 0 30 Feet Created by MID i 2 FT- i I gi n HHH I i ubjSite CT. Sw4, IA j r ______i I l 1 1 at AVE I I i 1 1 1 1 1 1, k I 1 1 1 1 ..t ____4_ 1 1 1 i 1 1 1 l I r g E WAD= i Nr44.4, J I i 1- I -L- T L. 7 1 ____i__ L: 1 1 1 i F i 1 r i i 1_+__ _T, 11- i Z i E NEVADA AVE eo Z _____4- 1 1 E CUBTFfi AVE G 4.t. I dh ice DISCLAIMER Birds Eye View N I This map is neither a legally recorded map nor a survey and it is not intended o e used asone. 1825 White Swan Drive i This drawing is a compilation of records, data y'' Wisconsin' Y and information located in various city, county City of Oshkosh `i 7 1 scons and state offices and other sources affecting 1 the area shown and it is to be used for reference C Development O.JHKOJH purposes only. TLe City o[ Oshkosh is not re 1 sponsible for any inaccuracies herein contained on THE WATER If discrepencies are found, please contact the 0 700 Feet City of Oshkosh Created by MW 8/23/01 i ,,ate t i I i Iii mg molowani Su •'ect Site j wilitisa .*_4k0, 1 111 X*SI 1Tir t 11111111111111 1 1111 "1 IS I ___T 1. 4 1 1 r Iv i 111)1# I R�1 C C II 1 1 lirr 4 1. I rt 1 EKMI ♦ft 1 1_ -a--- al 1.1 r J F-- 7_ 1____ i _I__ MI /4# 1 W -‘4 7-1 j 2 t 7:=1‘ 11-4:- I 7 1 I ipr i h_ --1 r.s i 11 11- I r g i_i-H. 1 i I II ---1 I �i 1 1 1 r -1 1 r f'" n 1 r7 DISCLAIMER Existing Zoning N j ibis map is neither a legally recorded map nor 1825 White Swan Drive iii) a survey and rt is not tended to be used as e. on Ibis drawing is a in sat i various of records, data Cl of Oshkosh Wisconsin and information located in various city, county City and state offices and other sources affecting the area shown and it is to be used for reference Community Development 01HK01H purposes only. The City of Oshkosh is not re- 500 sponsible for any inaccuracies herein contained. 500 0 500 Feet OH THE waTHn If discrepencies are found, please contact the I City of Oshkosh by M 1J) 8/23/01