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HomeMy WebLinkAbout1988-Board of Zoning Appeals (minutes) BOARD OF ZONING APPEALS MINUTES June 1, 1988 PRESENT: Gary Ruhl, Scott McDonald, Kevin McGee and Dave Neu STAFF: Susan K. Moore, Principal Planner; and Diane Witzke, Recording Secretary Chairperson McGee called the meeting to order at 3:40 PM. Roll call was taken and a quorum declared present. Due to a four member Board present, Mr. McGee informed the applicants that four affirmative votes would be required to approve a request. A 3 -1 vote for approval would be an automatic lay over. The minutes of May 18, 1988 were approved as distributed. I. 82 E. WAUKAU AVENUE - Tom Shepeck, agent for James F. Steiner Ms. Moore explained the applicant is requesting a variance to permit an unattached garage on a lot with no principal structure present or under construction; whereas Section 30 -3(C) of the City of Oshkosh Zoning Ordinance requires that an unattached garage be located on the same lot with a principal structure present or under construction. In answering questions from the Board Mr. Shepeck explained the following: his situation is unique because the property is situated near the channel. The garage itself is worth $7- 8,000.00 and it is at least 7 -8 years old. They are trying to sell three lots and hope someone would want to buy a lot with a garage on it. The Board was concerned that this situation did not meet the specific conditions that allow a garage without a principal structure. The Board also felt there was a viable alternative of replatting the lots. Motion by Neu to move approval of the variance as requested. Seconded by Ruhl. Motion denied 0 -4. Regarding the findings of fact, Mr. Neu stated the hardship is economic in nature. There is the alternative of replatting the lots. He could combine the garage lot with another lot to make it larger. I I . This item was heard at the end of the meeting since no applicant was present. III. 801 RANDALL PLACE - Bruce and Casey Neubauer Ms. Moore explained the applicant is requesting a variance to construct a deck extending 4 ft. into the side yard setback; and 21'12 ft. into the front yard setback; whereas Section 30- 15(B)(1)(b) of the City of Oshkosh Zoning Ordinance requires a 7Y2 ft. side yard setback and Section 30- 15(B)(1)(c) requires a 25 ft. front yard setback. In answering questions from the Board Mr. and Mrs. Neubauer explained the following: Their lot is substandard in size and the house has a two car garage. They had to replace the front entrance on the house because it became delapidated. They would like to connect the proposed fence to the deck to prevent a dead space. They would like to keep the deck to one side of the yard to leave as much yard space as possible. BOARD OF ZONING APPEALS MINUTES PAGE TWO JUNE 1, 1988 Discussion ensued as to how the front yard was determined by the staff. Mr. and Mrs. Neubauer continued, they have owned the property about 2 years. The proposed fence would be a 3' /2 ft. rail fence. No lighting on the deck is planned. The 11' x 12' section of the deck is to be 3'/2 ft. and the 6' x 6' section is to be about 1 ft. Mrs. Nancy Ludwig, 805 Randall Place, came forward and objected to the deck. She displayed several pictures and stated they will have no privacy if the proposed deck is built. She felt the value of their home would depreciate. Mr. Kurt Redlin, 825 N. Main St., stated he is helping the Neubauers build the deck. The house predates the Ordinance. He felt the Neubauers should be given credit for trying to upgrade the neighborhood. He thought the deck looked fine. Mr. Jake Gafner, 1525 W. Murdock, stated he owns property at 835 N. Main St. and he has no objection to the proposed deck. He thought the Neubauers were doing a good job with their property. The Board felt there was a viable alternative to the 3 1/2 ft. portion of the deck if it was lowered to 1 ft. It would be considered a patio and therefore would not need a variance. Also, the immediate neighbor might not feel it would be invading their privacy. Mr. Neubauer stated he could lower the 12' x 11' section of the deck down to the 6' x 6' section which is about 12 inches high. Motion by Ruhl to move approval of the variance as requested. Seconded by Neu. Motion denied 0 -4. Regarding the findings of fact, Mr. Neu stated there are other alternatives to the deck. The reason for the variance is self- imposed. IV. 426 W. 16TH AVENUE - Robert J. Warnke Ms. Moore explained the applicant is requesting a variance to permit a side yard setback of 1 ft. for a deck around a pool; whereas Section 30- 16(B)(1)(b)(v) of the City of Oshkosh Zoning Ordinance requires a 2 ft. minimum side yard setback. Prior to the meeting, six neighbors telephoned to say they do not object to this variance request. In answering questions from the Board Mr. and Mrs. Warnke explained the following: he mistakenly measured from the wrong place when determining the setback from the lot line. From the front yard the deck is barely visible because it is set back so far on the lot. They intend to put on a proposed fence with a gate. They do not have plans to put any type of roof enclosure on the deck and will have no light fixtures on it. The Board felt since the pre- existing structure was built with a permit that there was a bonafide effort to meet the Code. Motion by Neu to move approval of the variance as requested. Seconded by McDonald. Motion carried 4 -0. Regarding the findings of fact, Mr. Neu stated the applicant made a bondafide effort to build the deck with what he assumed were the right measurements. The applicant is making an effort to beautify the area and is willing to put a fence around the area.