HomeMy WebLinkAboutLetter (BZA variance) - 04/23/2003 JACKSON R. KINNEY
Director
City of Oshkosh
Dept. of Community Development
215 Church Ave. PO Box 1130
O Oshkosh, WI 54903 -1130
(920) 236 -5059 (920) 236 -5053 FAX
ON THE WATER
April 23, 2003
Mary Phipps
520 Oak Street
Oshkosh, Wisconsin 54901 4621
Dear Mr. Phipps:
On April 23, 2003 the City of Oshkosh Board of Appeals approved a variance for a principal single
family structure with an 8'10" front yard setback and a 6'11" side yard setback.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on April 24, 2003. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh
Zoning Ordinance, your variance will expire on October 24, 2003 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 -5062.
Sincerely,
Matt Tucker
Associate Planner
MT /mld
cc: Inspection Services Division, City Hall
City of Oshkosh
Dept. of Community Development
City Hall
o h, Ave., O Box 1 130
Oshkosh, WI 54903
(920) 236 -5059
BOARD OF APPEALS AGENDA
APRIL 23, 2003
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, APRIL
23, 2003 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF APRIL 9, 2003 MEETING MINUTES
I: 814 WRIGHT STREET
Jeff Wicinsky, applicant and owner, is requesting a variance for a principal single family structure with
a 6'1" side yard setback, whereas Section 30- 19(B)(3)(b) of the City of Oshkosh Zoning Ordinance
requires a 7.5' minimum side yard setback.
II: 651 FRANKLIN STREET
Rick Schroeder, applicant and owner, is requesting a variance to construct a two story detached garage,
whereas Section 30- 19(B)(4)(b)(i) of the City of Oshkosh Zoning Ordinance requires detached garages
be restricted to a maximum of one story.
III: 520 OAK STREET
Mary Phipps, applicant and owner, is requesting variances for a principal single family structure with a
8'10" front yard setback and a 6'11" side yard setback, whereas Section 30- 19(B)(3)(b) and (c) of the
City of Oshkosh Zoning Ordinance require a 25' minimum front yard setback and a 7.5' minimum side
yard setback.
IV: 175 W. FERNAU AVENUE
Donald Johnson, applicant, and B P Order of Elks, Inc., owner, are requesting a variance to
construct an addition on the existing building that will have a 27' side yard setback, whereas Section
30- 30(B)(2) of the City of Oshkosh Zoning Ordinance requires a 50' side 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
APRIL 23, 2003
ITEM III: 520 OAK STREET
GENERAL DESCRIPTION AND BACKGROUND
Mary Phipps, applicant and owner, is requesting variances for a principal single family structure with a
8'10" front yard setback and a 6'11" side yard setback, whereas Section 30- 19(B)(3)(b) and (c) of the
City of Oshkosh Zoning Ordinance requires a 25' minimum front yard setback and a 7.5' minimum
side yard setback.
Single and two family dwellings characterize the land use of the general area. The subject property is
zoned R -2, Two Family Residence District. The subject property is currently being used as a single
family owner occupied dwelling.
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 construct an addition onto the existing home, consisting of
heated dwelling, storage, porch, and walkway spaces. The variance is required since the property has a
nonconforming front yard setback of 8'10" and a nonconforming side yard setback of 6'11", where a
15' front yard setback is required by setback averaging, and a 7.5' side yard setback is required for the
principal structure. Because of the building's close proximity to the front and side lot lines, the
applicant may not exceed 50% of the assessed value of the structure, in structural alterations, or obtain
a variance for a structure with a substandard front and side yard setbacks. The applicants wish to work
within the existing building setbacks, rather than raze the existing principal structure and construct a
new structure at the required setback.
The existing home was constructed in 1910, with the current owners acquiring the property on January
17, 1989. The substandard setbacks of the principal structure created a legal nonconforming condition
for the structure when the zoning ordinance was adopted. This property is not unlike many properties in
the general area, built with setbacks substandard by today's code. Considering adverse impact, many of
the neighboring properties are two stories in construction, where the applicant is requesting a single
story addition and to work within the existing building envelope. Considering that the applicant could
choose to raze the dwelling and construct a 2 story 35' tall home at the required setback, the impact of
the addition would not have a substantial impact over and above what would otherwise be permitted.
The proposed setback of the home is similar to surrounding properties and would increase the
assessment value and modernization of the property.
Based on this information, staff recommends approval of the variance.
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
$125.00 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: 5g 0 O fil< 0 5 tf-KOs ff—
Petitioner: th 4 y phi {BPS Home Phone: CI otO-, 3 -01'`-
Petitioner's Address: ScAO 04-K .5r,„3'5/147f VC 02 ,3a ion
Signature Required: Date: g•-#.174 03
Owner (if not petitioner): 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- variahce:.
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and state offices and other sources affecting City of Oshkosh Wisconsin
the area shown and it is to be used for reference Community Development Of HKOJH
purposes only. The City of Oshkosh is not re-
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Board of Appeals Minutes 3 April 23, 2003
During board discussion it was stated that the height of the proposed garage would be 18' regardless of
the style options and approval of the variance would allow the applicant to construct a complimentary
structure which would relate to the historic nature of the property. There was discussion on the
possibility of the upper storage area of the proposed garage being converted to living space. It was noted
that the present code does not allow for this conversion.
Motion by Hentz to approve a variance to construct a two story detached garage. Seconded by
Schorse. Motion approved 4 -0. Feavel voted present.
Finding of the fact: It was concluded that it is the least possible variance necessary, it will replicate
the historic aspect and be an improvement to the property, the hardship is not self
created, and there will be no adverse impact on neighboring properties.
III: 520 OAK STREET
Mary Phipps, applicant and owner, is requesting a variance for a principal single family structure with
an 8'10" front yard setback and a 6'11" side yard setback, whereas Section 30- 19(B)(3)(b) and (c) of the
City of Oshkosh Zoning Ordinance requires a 25' minimum front yard setback and a 7.5' minimum side
yard setback.
Matt Tucker introduced the item and circulated photos.
Mary Phipps, 520 Oak Street, said the house was built in 1910 and there is not adequate space. She
stated that she has a muscle disorder and would like for the laundry area, crafting area, etc. to be on one
level. She stated the attic space is not sufficient and the basement has low ceilings.
Chairman Krueger asked for clarification on the site plan, which shows a bay window in the front yard
setback area.
Mr. Tucker responded there would be a projection of a windowsill in the front yard, which is permitted
by the ordinance.
Don Krueger, who is working with the applicant, presented plans stating they propose an addition on
two sides of the house and intend to remodel the existing house.
Motion by Hentz to approve a variance for a principal single family structure with an 8'10" front
yard setback and a 6'11" side yard setback. Seconded by Ameringer. Motion approved 5 -0.
Unanimous.
Finding of the fact: It was concluded that the variance request meets the criteria for approval and the
setbacks on the property are already substandard legal nonconforming.