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HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 04/07/1993 BOARD OF ZONING APPEAL MINUTES PAGE -2- APRIL 7, 1993 II. 237 NORTH WASHBURN STREET - Shoreland Development Corporation, owner; Art Pommerening, applicant Art Pommerening, applicant, on behalf of Shoreland Development Corporation, owner, is requesting a variance to construct a 7+ ft. high fence on the front and side property lines; whereas Section 30 -31(E) Fences and Hedges of the City of Oshkosh Zoning Ordinance permits a 6 ft. maximum height for fences on a side property line and a 4 ft. maximum height for fences on a front property line. Mr. Art Pommerening gave a brief history of the property in question and reiterated his variance request. He stated that he has incurred thousands of dollars of vandalism from patrons of the adjacent bowling alley. He stated that there is an existing fence which Fleet Farm has erected on his south lot line. Chairman Slover inquired as to how much total loss has Mr. Pommerening incurred by way of physical damage due to vandalism. Mr. Pommerening stated that in the past five years he has incurred in excess of $10,000.00 by way of vandalism. Chairman Slover stated that there is a letter in the staff report from Oshkosh Lanes, adjacent property owner, stating no objections to the variance request. Chairman Slover inquired if there were any intentions to erect a fence along the back of the lot and Mr. Pommerening stated that at present he had no intention of erecting a fence in the back as it is vacant land and to date, they have not been experiencing any problems due to the lack of fencing along the back lot line. Chairman Slover inquired as to how much land Mr. Pommerening owned in the back of the lot. Mr. Pommerening stated that he owned 15 ft. plus a 66 ft. easement that extends to 4th Street. Motion by Husman to approve the variance as requested. Seconded by Dellantonia. Motion approved 4 -0. As to the Findings of Fact, Mr. Dellantonia stated that there is a problem with vandalism which is not self - created and this fence does alleviate the problem and there are similar type fences in the area which would not create a negative impact on the neighborhood. Mr. Slover added that it would appear to be the minimum variance required to protect the owner /applicant. I: 2275 WELDON COURT - Rev. Carl and LaVonne Knitt, owners; Attorney Paul G. Swanson, applicant The applicant, Attorney Paul G. Swanson; on behalf of Rev. Carl and LaVonne Knitt, owners, is requesting a variance to construct a deck attached to the dwelling with a 16 ft. rear yard setback; whereas Section 30 -15(B) R -1 Single Family Residence District of the City of Oshkosh Zoning Ordinance requires a 25 ft. minimum rear yard setback for decks attached to a dwelling. BOARD OF ZONING APPEAL MINUTES PAGE -3- APRIL 7, 1993 Attorney Swanson gave a brief history of the property in question and reiterated the variance request. He further stated that the Knitts had entered into an agreement with the adjacent property owners and was anticipating finalizing the agreement within the very near future. He stated that under those circumstances he wished to have the matter tabled until April 21, 1993, to allow him to obtain the Knitts' signature on said agreement. Attorney Swanson indicated that unless the agreement had been signed by the Knitts and filed with the Winnebago County Register of Deeds office, the adjacent property owners would strenuously object to the variance request. He further stated that Mr. & Mrs. James Miller, adjacent property owners, were present and indicated that they would strenuously object to the variance request until the agreement had been signed by all parties and recorded with the Register of Deeds office. Mr. Roskom pointed that the Board must consider the basis of the request; in this case how it relates to an absence of detriment to a neighborhood, keeping in mind that Attorney Swanson is trying to draft an agreement between the adjacent property owners which would eliminate any detrimental effect on the neighborhood. However, any agreement that the neighbors enter into is not enforceable or regulated by the City. The Knitts could still request a permit to build a fence and the City is obligated to grant them a permit without any regard to what their agreement states. He further pointed out that it is up to the Board to decide whether it wants to table the issue on Mr. Swanson's request or decide in the Board's judgment, whether the actual depth of the variance of 16 ft. would, in essence, be a detriment to the neighborhood. He further stated that easements cannot be used as a basis for approval. Mr. Dellantonia inquired if the easement would have an impact on the issue before the Board. Mr. Roskom stated that the easement would have no impact on the issue except as it relates to the criteria that the Board can apply as far as absence of detriment to a neighborhood. In other words, granting a variance which may or may not have a negative effect on the neighborhood. It was the consensus of the Board to table this item until the next meeting scheduled for April 21, 1993. IV: 222 WEST 19TH AVENUE - Harvey Boushele, owner /applicant Harvey Boushele, owner /applicant is requesting a variance to construct an addition to an existing attached garage with a 2 -1/2 ft. side yard setback; whereas Section 30- 15(B)(2)(a) Accessory Structures /Uses of the R -1 Single Family Residence District of the City of Oshkosh Zoning Ordinance requires a 7 -1/2 ft. minimum side yard setback for an attached garage. THIS ITEM WAS WITHDRAWN FROM THE AGENDA.