HomeMy WebLinkAboutLetter (BZA/variance) - 10/25/2001 city of Oshkosh
Dept. of Community Development
215 Church Ave., PO Box 1130 Jackson R. Kinney
HKOIH Oshkosh, WI 54902 -1130 Director
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(920) 236 -5059 (920) 236 -5053 FAX
ON THE WATER
October 25, 2001
Benedict A. Schneider
1825 White Swan Drive
Oshkosh, Wisconsin 54901
RE: 1825 White Swan Drive
Dear Mr. Schneider:
On October 24, 2001 the City of Oshkosh Board of Appeals denied your request to construct a 12' x 12' or
144 square foot utility shed in the rear yard.
The decision of the Board was filed in the Planning Office of the Department of Community Development
on October 25, 2001. Section 30- 6(C)(1) and (2) of the City of Oshkosh Zoning Ordinance allows the same
variance request to be heard 3 times in any 12 month period. If this is the first or second time you have
requested this variance within 12 months, you may re -apply if you wish.
If your variance request has been denied 3 times within a 12 month period, but you feel there has been a
change in the circumstances affecting your request, you may submit a request for an additional hearing
stating the changes which have occurred. The Board will review this request, and if three Board members
feel there is sufficient change in circumstances to warrant an additional hearing, then you may re- submit
your variance request through the normal procedure.
You may call me at (920) 236 -5062 if you have any questions.
Sincerely,
Matt Tucker
Associate Planner
MT /mld
cc: Inspection Services Division, City Hall
BOARD OF APPEALS MINUTES
OCTOBER 24, 2001
PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, Joel Kluessendorf
EXCUSED: Don Krueger, John Schorse
STAFF: Matt Tucker, Associate Planner; Nicole Krahn, Building Inspector; Mary Lou Degner,
Recording Secretary
Matt Tucker called for nominations for Chairman Pro Temp. Fred Dahl nominated Cheryl Hentz.
Seconded by Joel Kluessendorf. Unanimous.
The meeting was called to order by Chairman Pro Temp Hentz. Roll call was taken and a quorum
declared present.
The minutes of October 10, 2001 were approved as mailed (Dahl /Ameringer).
I: 1825 WHITE SWAN DRIVE
Benedict Schneider, applicant and owner, requires a variance to construct a 12' x 12' or 144 square foot
utility shed in the rear yard, whereas Section 30- 37(B)(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 noting that the item was laid over from the September 12,
2001 and the October 10, 2001 meetings.
Ben Schneider, 1825 White Swan Drive, presented pictures to members of the Board. He noted the
options indicated by staff and presented his hardships stating that a 10' x 10' shed is smaller than what is
required for his needs, he stated that to enlarge the garage would be cost inhibitive since it would be
necessary to have a foundation, and he added that a detached garage is actually larger than what his
needs require. Mr. Schneider said his request is for his actual needs. He added that there has been an
indication by staff that at some time in the future the code may be reviewed to allow larger sheds based
on lots that are big enough to accommodate them. Mr. Schneider noted that he had previously
commented he would not erect a 10' x 10' shed, but would consider doing it as a temporary structure
until the code was modified. Mr. Schneider further stated that the verbiage from the city handout
initially led him to believe that sheds over 100 square feet were allowed on a slab. He mentioned the
shed would match the house and the fact that the neighbors have no objections to the requested variance.
Discussion followed on the possibility to review the code regarding the requests for larger sheds. Mr.
Tucker stated there have been a number of requests for variances of sheds greater than 100 square feet
in size. He noted the code could be reviewed and modified to take into consideration other variables in
determining the size of storage sheds. Chairman Pro Temp Hentz stated she supported the variance
request the last two times and again supports it.
Board of Appeals Minutes 2 October 24, 2001
Motion by Ameringer for approval of the variance to construct a 12' x 12' or 144 square foot
utility shed in the rear yard. Seconded by Kluessendorf. Motion denied 2 -2. Aye: Ameringer,
Hentz. Nay: Dahl, Kluessendorf.
II: 1428 ALGOMA BOULEVARD
John M. Kelly, applicant and owner, requests a variance to construct a circular driveway on a lot that is
85 feet wide, whereas Section 30- 36(C)(5)(d) of the City of Oshkosh Zoning Ordinance requires circular
driveways shall be permitted where the minimum lot width is at least 100'.
Matt Tucker introduced the item with pictures. He clarified that parking on Algoma will be removed
while the street is being constructed and the parking will be eliminated at the finish of construction.
John Kelly, 1428 Algoma Boulevard, said the decision by the City and DOT to make the current street,
which is now 1 lane heading north, to 2 lanes is going to eliminate as many as 5 parking spaces in front
of his home. Mr. Kelly stated the increase in traffic is a hardship combined with the elimination of the
parking situation. Mr. Kelly stated that the 100' width, cited in the ordinance, is an arbitrary number
and the research he did suggests that restrictions on circular parking were aimed at preventing 24 hour
parking in front yards in the college area. He noted he would occasionally have guests parking in the
circle area, but it would not be long term. He stated this variance request is necessary as a safety issue
and he is unaware of any opposition from the neighborhood.
Discussion continued on safety issues, the material proposed to be used for the circle driveway, the
landscaping possibilities, who is responsible for the new apron, and the time frame involved.
Greg Brey, a trustee from Martin Lutheran Church, stated they have no issues with the variance
requested.
Board discussion found it would be an improvement on the safety issue.
Motion by Dahl for approval of the variance to construct a circular driveway on a lot that is 85
feet wide. Seconded by Ameringer. Motion carried 4 -0. Unanimous.
Findings: Mr. Dahl stated the safety issue was greatly improved. Mr. Ameringer noted the hardship
as being diminished parking and increased traffic.
III: 1126 FILLMORE AVENUE
Roger M. Coates, applicant and owner, requests an appeal to the Zoning Administrator's determination
as to the width of a legal nonconforming parking area.
(CO) City of Oshkosh Jr
cT Dept. of Community Development
City Hall
215 Church Ave., PO Box 1130
Oshkosh, WI 54903
(920) 236-5059
BOARD OF APPEALS AGENDA
OCTOBER 24, 2001
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, OCTOBER 24,
2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF OCTOBER 10, 2001 MEETING 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: 1428 ALGOMA BOULEVARD
John M. Kelly, applicant and owner, requests a variance to construct a circular driveway on a lot that is
85 feet wide, whereas Section 30- 36(C)(5)(d) of the City of Oshkosh Zoning Ordinance requires
circular driveways shall be permitted where the minimum lot width is at least 100'.
III: 1126 FILLMORE
Roger M.Coates, owner and applicant is requesting an appeal to the Zoning Administrator's
determination as to the width of a legal nonconforming parking area.
IV: 1115 W 5TH AVENUE
Chris Schoening, owner, is requesting a variance to the City's Building Code. Per Oshkosh Building
Code Section 7 -33, persons may file an appeal to the Board of Appeals as provided in the City Zoning
Ordinance, Section 30- 6(B)(2)(a) if an equally good or better form of construction is proposed. All
appeals should be accompanied by supporting data.
BOARD OF APPEALS MINUTES
OCTOBER 10, 2001
PRESENT: Fred Dahl, Cheryl Hentz, John Schorse, Chairman Don Krueger
EXCUSED: Carl Ameringer, Joel Kluessendorf
STAFF: Matt Tucker, Associate Planner; Mary Lou Degner, Recording Secretary
The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared
present.
The minutes of September 26, 2001 were approved as mailed. Dahl/Hentz. Unanimous.
Warren Kraft, City Attorney, addressed the board regarding personal liability of individual board
members. It was stated that the City's Public Official Liability and Omission Policy covers board
members and elected city officials. This policy would provide defense for the board and would also pay
for any judgement the applicant might receive. Attorney Kraft explained the nature of a frivolous lawsuit
and stated there is no personal responsibility on the member's part. Discussion continued on the
interpretation of zoning laws and the ability to grant variances. Attorney Kraft stated that in 1998 the
Wisconsin Supremo Court came out with the harshest interpretation of the zoning appeals law and at that
time the local Board of Appeals was advised to use the same process they had been using. He added
there is some effort in the legislature to change the interpretation. He noted there was a hearing on
proposed bills two weeks ago that are still sitting in committee.
I: 1825 WHITE SWAN DRIVE
Benedict A. Schneider, applicant and owner, requests a variance to construct a 12' x12' 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. Mr. Tucker stated the item had been laid over on a 3 -1
vote at the September 12, 2001 meeting.
Ben Schneider, applicant and owner, presented pictures. He pointed out on the city handout it states that
sheds less than 100 square feet do not require slab foundations, so this verbiage led him to believe that
sheds over 100 square feet were allowed. He then assessed what he needed for space, applied for a
permit and was told he could not have a shed larger than 100 square feet. Mr. Schneider noted that in
conversation with staff it was stated that periodically the codes can be reviewed as to what is appropriate
and at some point in time, perhaps a piece of property that has the square footage to accommodate a
larger structure would be allowed. Mr. Schneider then presented a handout covering the issue of
hardship involved with each alternative suggested by staff. He further noted the items he has for storage
and the fact that the garage has a chimney on the inside wall, which detracts from available space. Mr.
Schneider added that he is aware that variances have been granted for larger structures. He stated the
neighbors have no objections to the variance request.
Chairman Krueger noted that each variance request stands on its own merits.
Board of Appeals Minutes -2- October 10, 2001
Board discussion followed with Ms. Hentz stating she supported the request the last time it was before
the board and again supports the request.
Motion by Hentz for approval of the variance to construct a 12' x 12' or 144 square foot utility
shed in the rear yard. Seconded by Schorse. Motion laid over 3 -1. Aye: Hentz, Krueger, Schorse.
Nay: Dahl.
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 be less than 4' high and less than 50% solid.
Matt Tucker introduced the item and noted neither the applicant nor the owner was able to attend the
meeting. He directed the Board to the letter included in the Staff Report, to explain their position.
Mr. Schorse inquired about the appearance of the fence on Division Street.
Mr. Tucker responded that it is a 4' black wrought iron fence with masonry posts on each end, situated
on a retaining wall.
Chairman Krueger asked if the proposed fence would be aluminum in color.
Mr. Tucker responded that it would be white. He noted the intention of the fence is to be a physical
barrier, not a solid screening fence or storage area. He said it would be a nice decorative fence.
Ms. Hentz stated it would be a nice improvement.
Motion by Schorse. Seconded by Hentz. Motion carried 4 -0. Unanimous.
Findings: Ms. Hentz stated it would not obstruct vision or cause a safety problem, it would be
aesthetically pleasing, and would have no adverse impact on the neighborhood.
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)(iii) of the
City of Oshkosh Zoning Ordinance requires a 7'6" setback.
Matt Tucker introduced the item with pictures. He noted the Board of Appeals reviewed and denied the
applicant's request for this parking space at the meeting of September 12, 2001. Mr. Tucker explained
the applicant is exercising the right to ask for a variance three times in a 12 -month time period.
a
STAFF REPORT BOARD OF APPEALS
OCTOBER 24, 2001
ITEM I: 1825 White Swan Drive
GENERAL DESCRIPTION AND BACKGROUND
Benedict 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)(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.
The item was laid over from the September 12, 2001 and October 10, 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 applicant is 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.
10/16/01
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
$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: 1 a. 5 (4) 1 4-•• 5 w a vi 0 ri v ve 0;It VGA wz SK 90
Petitioner: 73 P we 4, c. f R S e L ht 1-e v Q? I n) Home Phone: 3 JS' a- 4 e o
Petitioner's Address: )�'dS ct) k 1 f S wac tot A el u-r Work Phone: a' et
#Pl�.I
Signature Required:a0,AN Date: Co �o
Owner (if not petitioner): j 0. on -e 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: Soo ra 9 e 51•o c1 w H*t 1
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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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DISCLAIMER N
'Ibis map is neither a legally recorded map nor
a survey and it is not intended to be used as one. 1825 White Swan
‘111
This drawing is a compilation of records, data A,
and state offices located in various city, tangy City of Oshkosh Wisconsin
and state t6oes and other sowees affecting
the ores shown and it is to be used for reference Community Development OJHKOJH
purposes ordy. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained, ors THE WATER
If discrepencies are found, please contact the
City of Oshkosh. 1" =30 Created by MW 8(22/01
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WHAT IS A HARDSHIP?
ACCORDING TO THE CODE A HARDSHIP EXISTS IF THE FOLLOWING CANNOT BE
ACCOMPLISHED:
a) Enlarge the garage
b) Put an addition onto the garage
c) Construct a 10X10 shed
I will try to address these remedies.
A) Enlarge the existing garage to 1200 sq. feet:
I have only 12 feet 6 inches between the garage and The lot line. A 10X10 addition would only
allow a 2 feet by 6 inch space making it difficult to get through to the back yard on that side.
Attached garage has a foundation (a detached garage has a slab making it unnecessary to put in a
foundation for a detached garage) a foundation would be needed to add onto the garage, at
considerable expense.
The rear of the garage pitches toward the rear thus an addition onto the back would require
substantial roofing changes to add the shed onto the back of the garage resulting in a substantial
cost.
Cost of the garage addition would, in my view, constitute a hardship.
B) Construct a detached garage
I do not need the space that would be in even the smallest allowable garage. The cost of a small
garage would be substantially more than the cost of the requested building. Not to mention the
requirement to have a driveway lead to the garage.
This, in my view, constitutes a hardship.
C) Construct a 10X10 shed
The planning office has informed me that this code may be reviewed in the future and that it is
possible that the code will allow larger buildings for sites with adequate space to accommodate a
larger building. I would not put in a 10X10 slab to accommodate a building with less space than I
need.
The pictures show the space that I need and what I intend to store in the shed. I would need to
rent space elsewhere for the little extra space that the additional space would provide.
Our garage has a chimney on the inside wall making it difficult to exit our cars when we store
equipment in the garage.
Other variance requests and other matters:
It is my understanding that a variance was granted for a 12X14 shed at 57 Stoney Beach Road.
Additionally a home on Fairvew has a building of approximately 24X24 feet that is 1/2 screened
in porch and 1/2 shed with a small shed like door and not driveway leading to or from it.
I respectfully request the variance based on the hardship as described in this memo.
Benedict A Schneider
1825 White Swan Drive
Oshkosh, WI 54901
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DISCLAIMER apse Up View
This map is neither a legally recorded map nor
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This drawing is a compilation of records, data
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and stateofices ando hersour�cesafectng City of Oshkosh Wisconsin
s t he arca shown and it is to be used for reference A,
purposes only. The 6ty of Oshkosh is not re- Community Development OKO
sponsible for any inaccuracies herein contained, ON THE WATEfl
If discrepancies are found. please contact the
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Ills map is neither a legally recorded map nor
a survey and it is not irgended to be used as one. 1825 White Swan Drive
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This drawing is a compilation of records, data
and i state otion located various city, county C1ty Of Oshkosh V1SCO17Sln
and state offices and other sources atfectirg 1
the area shown and it is to be used for reference Community Development OJHKOJH
purposes only. The Cjty of Oshkosh hkosn is not r
sponsible for any inaccuracies herein contained ON THE WATER
If discrepencies are found, please contact the 0 700 Feet
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i a survey information aa ormaation loccated d it is t intended to be used as ne.
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„a i isa no ate d i nonot various city, county City Ci of Oshkosh Wisconsin
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and state and other sources affecting Community Development O..HKO/H
the area a shown own wn a a be used it is to be used for r reference ON ME WATER
purposes only. The of Oshkosh
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spottside for any inaccuracies acies herYin ccontained e JIJU d
If dicercpencies are found. please contact the
Oty of Oshkosh. Created by WILD
8/23/01