HomeMy WebLinkAboutBoard of Zoning Appeals (variance) - 04/16/2010 , City of Oshkosh Darryn Burich
Dept. of Community Development Director
Planning Services Division Planning Services Division
215 Church Ave., PO Box 1130
Oshkosh, WI 54903 -1130
(920) 236 -5059 (920) 236 -5053 FAX
http: / /www.ci.oshkosh.wi. us
April 16, 2010
FILED
Mr. Gary Dietenberger BOARD of APPEALS
Ms. Anne Sanfelippo
1225 Jefferson St. APR 15 2010
Oshkosh, WI 54901 OSHKOSH
COMMUNITY DEVELOPMENT
Re: 1225 Jefferson St.
To Whom It May Concern:
On April 14, 2010, the City of Oshkosh Board of Appeals approved a variance to permit a 6' high
solid wood fence with a 0' front yard setback.
The decision of the Board was filed in the Planning Services Division Office of the Department of
Community Development on April 15, 2010. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh
Zoning Ordinance, your variance will expire on October 15, 2010, unless you have started
construction for the activity allowed by the variance. If you fail to begin construction 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 -5059.
Respectfully,
Todd M. Muehrer
Associate Planner /Zoning Administrator
TMM/dff
CC: Inspection Services Division, City Hall
BOARD OF APPEALS MINUTES
April 14, 2010
PRESENT: Dan Carpenter, Robert Cornell, Jane Cryan, Dennis Penney, Mark Nielsen (late), Ed
Wilusz, Cheryl Hentz
EXCUSED: None
STAFF: Todd Muehrer, Associate Planner /Zoning Administrator; John Zarate, Building
Inspector; Deborah Foland, Recording Secretary
Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
The minutes of March 10, 2010 were approved as presented. Carpenter/Hentz 4 -0 -1. (Abstained - Hentz.
Not present for March meeting.)
ITEM I: 1308 W. NEW YORK AVENUE
Del Tritt- applicant, Ridgeview Investments LLC- owner, request variances to permit a single family
residence to exceed the maximum driveway width and to establish a 24' x 30' uncovered off - street parking
in the front yard. Additionally, a variance is requested to permit a patio within the required side yard setback.
Section 30 -36 (B)(1)(c) of the Oshkosh Municipal Code: Off - Street Parking Facilities requires the maximum
driveway width to not exceed 12' where no garage exists, Section 30 -36 (D)(2)(a): Off - Street Parking
Facilities requires open parking areas to provide a front yard setback no less than the setback of the front
facade of the principal structure, and Section 30 -35 (B)(2)(d) of the Oshkosh Municipal Code: Additional
Standards requires a 2' side yard setback for uncovered patios.
Mr. Muehrer presented the item and distributed photos of the subject site. He commented that the owner
purchased the property in 2009 and is in the process of extensively remodeling the interior of the structure
and is proposing various site improvements to the exterior that require variances. The proposed paved off -
street parking area would be located in the same place where an existing gravel parking area is currently on
site and the proposed patio would intrude 2' into the required side yard setback. A justifiable hardship is
present in this case as the parcel's unique configuration, principal structure placement, and limited rear and
side yard areas preclude feasible placement alternatives for improvements within setbacks. The applicant is
also proposing a 24 1.f. of 6' solid board fencing along the north lot line to screen the proposed patio from the
property to the north.
Mr. Penney questioned what the dimensions would be for the patio area.
Del Tritt, 6228 County Road N, Pickett, petitioner for the request, responded that he had revised his plan to
exclude the addition of the patio area and was proposing to place a concrete area for storage of garbage cans
and a step for the back porch in that location instead. The proposed fencing would remain.
Mr. Wilusz inquired how many curb cuts existed on the subject site.
Mr. Tritt replied that there was only one curb cut.
Board of Appeals Minutes 1 April 14, 2010