HomeMy WebLinkAboutLetter (subdivision) - 07/23/1993 CITY HALL
215 Church Avenue
P. O. Box 1130
Oshkosh, Wisconsin
54902 -1130 City of Oshkosh
July 23, 1993
OIHKOfH
Mr. Tim Rusch
Rusch Construction
2760 Westmoor Road
Oshkosh, Wisconsin 54904
RE: Lots 43 and 44 of Westleigh Farms Subdivision
Dear Tim:
On February 11, 1992 a permit was issued for a single family
dwelling on lot 43 of Westleigh Farms subdivision with an
assigned address of 1246 Wheatfield Way. Both lots referenced
above are zoned R -1 Single Family Residence.
The site plan submitted with the permit request for the
construction of a single family dwelling on lot 43 indicated
compliance with the applicable setback standards for the
construction of a single family dwelling. The Zoning Ordinance
requires a 25 ft. minimum rear and front yard setback and a 7 1/2
ft. per side minimum side yard setback for the construction of a
single family dwelling in an R -1 zoning district.
Subsequent inspections indicated that the structure in question
was inadvertently placed over the lot line, onto lot 44,
approximately 1.3 feet. Consequently, the City will be unable to
issue permits for construction of any sort on lot 44 in that the
R -1 zoning district permits only one principal structure per lot.
There are several options available to you which would rectify
this problem. One option is to combine lots 43 and 44 into one
lot thus eliminating the interior lot line. Certainly this option
will need to be coordinated with the owner of lot 43.
It is also possible to re- subdivide the two lots in question.
With this option you will need to make sure that all minimum lot
size and minimum setback standards will be met. I am not at all
certain that this option will work. However, it may be worth
while looking into. Keep in mind that if the minimum lot size
standards and /or minimum setback standards can not be met that
you have the option to request a variance to these standards.
Mr. Tim Rusch -2- July 22, 1993
It is also important to note that the Board of Zoning Appeals
cannot grant a variance for a structure which crosses a lot line.
Please keep in mind that when a structure crosses a lot line that
for all practical purposes the two lots are combined into one.
Also keep in mind that until this problem is rectified the new
single family dwelling located at 1246 Wheatfield Way is
classified illegal non conforming and may have future
difficulties improving and /or selling the property in its current
condition.
I would advise that you and the property owner at 1246 Wheatfield
Way get together and coordinate your efforts in solving this
problem as soon as possible. If I can be of assistance in this
regard please feel free to contact me at 236 5059.
Sincerely,
Bruce A. Roskom
Principal City Planner
c.c. Allyn Dannhoff, Chief Building Inspector
Mark Rumlow, 1246 Wheatfield Way