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HomeMy WebLinkAbout1991-Board of Zoning Appeals (minutes) Board of Zoning Appeals Page -6- November 20, 1991 Mr. McDonald added that when this structure was originally created, it was created for a very special purpose which was highly unusual and that purpose does not exist today. Based on it's original purpose, it would make it extremely difficult, if not impossible, to convert this back to industrial use. We can feel confident that it will remain commercial. / 805 RANDALL PLACE - Jon and Nancy Ludwig, owners 'pplicants are requesting a variance to construct a utility storage building with a 12 ft. front yard setback from Division Street; whereas Section 30- 15(B)(2) R -1 Single Family Residence of the City of Oshkosh Zoning Ordinance requires a 25 ft. front yard setback for accessory structures when attached to or less than 5 ft. from a principal structure. Mrs. Nancy Ludwig stated that they are requesting a variance to build an 8'x 12' shed in back of their house near Division Street by the railroad tracks. Mr. Schorse asked if her definition of "build" was just to pour concrete slab. Mrs. Ludwig stated that they would prefer not to, and that they would prefer to have concrete blocking because then it could be temporary if they decided to move. They would also like the building to have a wooden frame. Mr. McDonald noted that there had been a "for sale" sign on the property. Mrs. Ludwig indicated she had a job offer out east that fell through due to unforeseen circumstances, and during that period they had signed a contract with a listing company. At the present time, they do not plan on moving. Mr. McDonald inquired if 8'x 12' was the minimum size they would require for a shed and she indicated that it would accommodate them far more. Mr. McDonald asked where the items are at present that they are planning on putting in this shed. Mrs. Ludwig stated they are either on the front porch or outside. The items consist of a motorcycle, grill, lawnmower, racks, hoses, lawn furniture. Our bicycles are down in the basement, and that is all that fits in the basement as it is very small. Mrs. Ludwig further stated her husband wanted to inquire if it would be a problem that instead of having the doors facing Division Street, if they could twist the shed and have the doors Board of Zoning Appeals Page -7- November 20, 1991 face north. Mr. McDonald noted if they did that, then the shed would be 12 ft. running north & south and 8 ft. running east and west and the doors would be at the north end. Mrs. Ludwig that was correct and that is what they would prefer. Mr. McDonald inquired what the shed would be constructed of and Mrs. Ludwig stated that it would be wooden and painted to match the house. Mr. McDonald inquired if you turn it so it's 12 ft. north /south, will it not then project into the driveway. Mrs. Ludwig stated that it might. It is now a three car driveway, although their son will be moving and then it will be a two car driveway. It was originally one vehicle driveway when we moved in. Chairman Slover inquired if the whole area was graveled and Mrs. Ludwig stated that it was. Mr. McDonald inquired if they had any intentions of ever building a garage? Mrs. Ludwig stated that would be impossible due to the location of the railroad tracks. Chairman Slover inquired if this was a semi- temporary situation and if they sold their home, would they take it with them. Mrs. Ludwig stated they would prefer to take the shed with them that is the reason for the block foundation. But, if it improved the desirability of the home at the time of sale, then the shed could stay there. Mr. Schorse inquired they want to build it rather than 12 ft. from the railroad tracks, to build it 12' along the back of the house. Mrs. Ludwig stated that location would be better for security purposes and that there would be less of a chance of break -ins. Also, it would be easier to get things in there without maneuvering around the trees. Mr. Schorse stated it would give a greater setback. Mr. McDonald inquired if there was a restriction as to how close a shed can be to a structure. Mr. Roskom stated within 5 ft. it becomes essentially a part of Board of Zoning Appeals Page -8- November 20, 1991 the structure. And that is why there is a 25 ft. setback. Motion by McDonald to approve the variance as requested with the stipulations that (1) the south setback remain at 5 ft. with the west setback requirement of 16 ft., (2) The dimensions of the structure shall not exceed 8 ft. x 12 ft., (3) The structure be given a treatment to match the house, and (4) The structure, under no circumstances, be converted to year -round occupancy. Seconded by Schorse. Motion carried 4 -0. Regarding the findings of fact, Mr. McDonald indicated the unusual characteristics of this property prohibit construction of a garage and it is unsafe for the property occupants to store gasoline or other materials in the principal structure, therefore, we are providing them a much safer alternative. Second of all, we are limited the negative impact in that the structure must be painted the same treatment as the principal structure. There being no further business, the meeting adjourned. Respectf y submitted, IA Bruce skom Principal Planner