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HomeMy WebLinkAboutBoard of Zoning Appeals (variance) - 04/16/2010 O City of Oshkosh Darryn Burich Dept. of Community Development Director Planning Services Division Planning Services Division CaigM 215 Church Ave., PO Box 1130 �..., Oshkosh, WI 54903 -1130 (920) 236 -5059 (920) 236 -5053 Ittp://www.ci.oshkosh.wi.us .us April 16, 2010 FILED BOARD of APPEALS Mr. Del Tritt 6228 County Rd. N APR 15 2010 Pickett, WI 54964 OSHKOSH COMMUNITY DEVELOPMENT Re: 1308 W. New York Av. To Whom It May Concern: On April 14, 2010, the City of Oshkosh Board of Appeals approved 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. 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 2411 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 Ms. Cryan questioned why the parking area could not be located on the east side of the parcel. Mr. Tritt explained that if the parking area was relocated to the east side, it would create a situation that would require stacked parking of vehicles in the driveway. This would result in vehicles having to back out onto W. New York Avenue on a frequent basis creating an unsafe situation. Mr. Penney asked if the gravel area would be paved with concrete. Mr. Tritt responded that the paving would be constructed with an asphalt surface. Mr. Cornell inquired if there would be plantings around the foundation. Mr. Tritt replied that there were some existing plantings on site but they would be enhanced. Roger Rose, 1302 W. New York Avenue, questioned the reasoning for the installation of the fencing. Mr. Tritt responded that the fence was for the purpose of screening the driveway to the garage and the garbage receptacles and that there would be no fencing located on the east side of the property adjacent to Mr. Rose's property. Mr. Rose then questioned if the fencing would be 24' long and 6' high. Mr. Tritt replied that was his initial proposal but it could be reduced to 16' as that would be more practical. Mr. Muehrer stated that the fence was not an issue at this hearing as it was allowed by city ordinance and no variance was necessary for the placement of the fencing. Mr. Rose commented that he would be in favor of the driveway area being constructed with concrete instead of asphalt. Ms. Hentz questioned why Mr. Rose was objecting to the asphalt paving. Mr. Rose responded that he felt it was easier to shovel concrete than asphalt. Ms. Hentz stated that a motion would be required to change the proposed fence from 24' to 16'. Mr. Muehrer commented that no action would be required regarding the fencing as it is not an issue with the variance request. Mr. Wilusz questioned if the board was required to deny the portion of the request regarding the patio as the petitioner was withdrawing that aspect of the variance request. Mr. Muehrer replied that the minutes would reflect that the request for the placement of the patio has been withdrawn so no action would be required when a motion was made for the variance request. Mr. Penney inquired if the term "paving" meant it was required to be constructed of cement. Mr. Muehrer responded that the zoning ordinance recognized both concrete and asphalt as an acceptable paving material. Board of Appeals Minutes 2 April 14, 2010 Motion by Hentz to approve the request for a variance 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. Seconded by Carpenter. Motion carried 5-0. Finding of Facts: The parcel is a unique lot. No adverse impact. Safer for the public. ITEM II: 207 S. SAWYER STREET David Schettle, owner, is requesting a variance to the City of Oshkosh Building Code. Per Oshkosh Building Code Section 7 -33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Zoning Ordinance, Section 30- 6(B)(2)(a) if an equivalent degree of health, safety and welfare is proposed. All appeals shall be accompanied by supporting data. This appeal is to allow for a modification and an expansion of an existing stairway without providing the required headroom of 76" at the intermediate landing. Comm 21.04(2)(d) requires that a minimum headroom of 76" (6' -4 ") be maintained for the entire stairway. The headroom also is required to be provided for the minimum width of the stairway which is 3'. John Zarate presented the item and stated that the City of Oshkosh adopts the State of Wisconsin Uniform Dwelling Code to apply to alterations and additions to one and two family homes in existence prior to the effective date of this code. The variance is required for the construction of a new stairway to the second floor for which a building permit was issued on February 19, 2010. Mr. Zarate reviewed the details of the staff report and commented that there was conflict in whether the stairway was reconstructed within the same stairwell opening and that the owner did not want to conform to the current building standards as it would require significant structural modifications to the roof and use up too much space on the first floor. Jeff Schettle, 3251 Old Orchard Lane, distributed enlarged building plans and photos of himself standing on the stairways of both the old and newly constructed stairway. He also explained the differences between the layout and height of both stairways and stated that he felt that the stairway was reconstructed within the same stairwell opening therefore it should be allowed as it would fall under a portion of municipal code which provides for reconstruction of stairways in existence prior to June 1, 1980 providing they are rebuilt within the same stairwell opening. He further explained that the landing had been lowered to increase the amount of headroom and the outside of the stairway on the second landing was the only area that may be an issue with a lack of headroom. Ms. Hentz commented that it appeared there was a difference in opinion between the inspector and the petitioner as to whether the stairway was reconstructed in the same opening. There was further discussion on if the stairway had been rebuilt within the same stairwell opening and the modifications made constructing the new stairway as compared to the layout of the original one. It was determined that the newly constructed stairs were less steep and the second landing was relocated however the difference in opinion still remained whether the new stairway was constructed in the same opening. Mr. Wilusz asked for clarification of the building drawings submitted. Board of Appeals Minutes 3 April 14, 2010 Mr. Schettle further explained the construction drawings and the amount of headroom provided both on the steps and landings. He commented that part of the stairway was code compliant other than 18 inches on the top landing and 9 inches on the lower landing with the deficit being on the outside of the stairway, not on the inside where the handrail is located. Mr. Carpenter questioned if the petitioner felt that changing the stairway to meet code requirements was creating a hardship. Mr. Schettle responded that to remedy the situation would involve a lot of time and work to gain the few inches that are necessary to make the stairway code compliant. It is a very old home and the work to increase this small amount of headroom would be significant. Mr. Wilusz asked for clarification of the variance request standards for building code variances in regard to "providing an equivalent degree of health, safety and welfare ". Mr. Zarate replied that the variance could be granted if the board felt that the situation would provide an equivalent degree of safety as it would if the stairway met code requirements. From the perspective of the Inspections Department, they cannot approve work that it not code compliant, and the decision would have to be determined by the board members. Mr. Penney questioned why the variance was not applied for until after the work had been completed. Mr. Schettle responded that they had obtained a building permit but the problems arose with the addition to the house and once he was made aware that a variance may be possible to obtain, he decided to pursue it. He further stated that they could have sold the house in its original state, but the reconstruction of the stairway was an improvement to the present condition that existed and major structural changes would be required to make the stairway code compliant. Mr. Penney commented that expense to the petitioner could not be considered when granting a variance. Discussion continued on whether the stairway was reconstructed within the same stairwell opening, if the exception to the code for stairways rebuilt in the same opening would apply, and if the plans submitted for the building permit were accurate or modified when constructed. The petitioner contended that the plans were not altered after the issuance of the permit and the dormer over the top had not yet been completed. The inspector claimed that the stairway headroom plans were not provided at the time the permit was issued. Further discussion on which parts of the stairway were not code compliant and the number of inches necessary to meet code, the age of the home, and the complications involved to make the stairway compliant without the granting of a variance. It was concluded that although complicated and costly, the stairway could feasibly be constructed to meet current code standards. There was also discussion on the fact that staff was correctly performing their duties by denying approval of the plans for lack of code compliancy however it appeared that the reconstructed stairway was safer than the condition that existed prior. There was not consensus on whether the stairway was reconstructed in the same opening although there was understanding that remodeling in a 110 year old home was complicated and some board members felt that even though the stairway did not meet current code requirements, it was safer than the conditions that existed prior to the reconstruction. Motion by Hentz to approve the request for a variance to permit a modification and an expansion of an existing stairway without providing the required headroom of 76" at the intermediate landing. Seconded by Penney. Motion carried 3 -2. Ayes- Carpenter /Penney /Hentz. Nays - Cornell /Wilusz. Board of Appeals Minutes 4 April 14, 2010 Finding of Facts: It is a unique situation. The age of the home. Condition of stairway safer than what previously existed. Ms. Hentz excused herself from the meeting at 4:20 pm. ITEM III: 1225 JEFFERSON STREET Gary Dietenberger & Anne Sanfelippo- applicant/owner, request a variance to permit a 6' high solid wood fence with a 0' front yard setback. Section 30 -35 (E)(3) of the Oshkosh Municipal Code: Additional Standards and Exceptions requires fences 6' high to be erected on those parts of a lot that area as far back or farther back from a front property line than the principal structure. Mr. Muehrer presented the item and distributed photos of the subject site. He explained that the petitioner was requesting the fence for privacy and safety purposes and that the property was unique in that it fronts two road right -of -ways and therefore possesses two front yards by zoning ordinance definition. He also explained that it would have no adverse effect on surrounding properties because there are no driveways fronting the east side of Harrison Street so the fence would not create any sight or safety issues for vehicular or pedestrian traffic and Jefferson Street is a one -way street with adequate distance between the intersection and the proposed fencing. He further stated that the property is unique and a justifiable hardship exists with the current parcel configuration. Mr. Cornell stated that the map showing the location of the fence was difficult to read and asked the petitioner to clarify its location. Ms. Sanfelippo explained that the fence would be going from the right corner of the garage back and Mr. Dietenberger displayed the location on the site plan. Mr. Penney asked if the house faced Jefferson Street. Ms. Sanfelippo responded affirmatively. Motion by Wilusz to approve the request for a variance to permit a 6' high solid wood fence with a 0' front yard setback Seconded by Carpenter. Motion carried 5 -0. Finding of Facts: No safety issues. The parcel is a unique lot. Ms. Hentz returned to the meeting at 4:30 pm. Board of Appeals Minutes 5 April 14, 2010 ITEM IV: 3110 KNAPP STREET Steve Taylor, EAA- applicant, Winnebago County - owner, request a variance to permit a proposed garage and concrete slab with a 20' front yard setback. Section 30 -30 (B)(1) of the Oshkosh Municipal Code: M -3 General Industrial District requires a 30' minimum front yard setback. Mr. Muehrer presented the item and stated that he was not able to obtain photos of the subject site prior to today's meeting. He explained that the variance was being requested because W. Waukau Avenue has restricted access east of Knapp Street and the proposed new structures would be too close to the existing air traffic control tower if built at the required 30' front yard setback. The variance, if granted, would not have an adverse effect on surrounding properties as they are all owned by Winnebago County and developed in conjunction with the airport facilities. He further stated that a justifiable hardship existed as the proposed structures could not be adequately accessed due to the location of the air traffic control tower. He also noted that while the zoning ordinance may technically define the area in question as a front yard, the practical use of the area is side yard in nature. Steve Taylor, 3000 Poberezny Road, petitioner for the request, stated that he was present for any questions regarding this request. There was no discussion on this item. Motion by Hentz to approve the request for a variance to permit a proposed garage and concrete slab with a 20' front yard setback Seconded by Penney. Motion carried 5-0. Finding of Facts: It is a unique situation. A hardship would be created if variance denied. No adverse impact on adjacent properties. DISCUSSION OF BOA PROCEDURES Ms. Hentz stated that at January's meeting, there was discussion on issues that can or cannot be discussed under this portion of the agenda. Mr. Muehrer reviewed the matter with the City Attorney Lynn Lorenson who informed the board that matters that are not specifically noted on the agenda cannot be randomly discussed. Ms. Hentz contacted the State Attorney General's office regarding the matter who felt we were being overly cautious. She was informed that particular properties could not be discussed without notice however city codes or other general conversation should be allowed. Board members briefly discussed the process of requesting specific items to be placed on the agenda for conversation and other details regarding disclosure matters. Mr. Muehrer stated that Attorney Lorenson was not able to be present today as she had other obligations at this time but he would let her know about the discussion and see if she could make arrangements to attend a future meeting. He inquired about the name of the individual at the Attorney General's office who provided Ms. Hentz with this advice. Ms. Hentz replied that the party's last name was Olsen and that his assistant's name was Amanda. Board of Appeals Minutes 6 April 14, 2010 It was decided to place this item back on the agenda for May for clarification if the City Attorney could be present for discussion of the matter. Ms. Hentz stated that the wording on this portion of the agenda stating "Discussion of BOA Procedures" was not entirely accurate and she would like to further discuss the matter when the Procedures and Regulations for the Board of Appeals are reviewed in June. There being no further business, the meeting adjourned at 4:50 p.m. (Wilusz/Hentz). Respectfully submi ed, Todd ehrer Associate Planner /Zoning Administrator Board of Appeals Minutes 7 April 14, 2010 STAFF REPORT BOARD OF APPEALS APRIL 14, 2010 ITEM I: 1308 W. NEW YORK AVENUE GENERAL DESCRIPTION AND BACKGROUND 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. The subject property is located on the northeast corner at the intersection of W. New York Avenue and Elmwood Avenue. The parcel is irregular in shape, .10 acres in size and zoned R -2 Two Family Residence District. Adjacent land uses include single family residential to the north and east, while two family residential is located to the south and west. The general area is composed predominately of low density residential land uses. ANALYSIS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict Letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The property owner purchased the subject property in December 2009 and subsequently acquired a building permit in January 2010 to extensively remodel the interior of the principal structure. In an effort to further improve the property, the owner is proposing various site improvements to the exterior that require variances. Specifically, per the submitted site plan (see attached), primary vehicular access to and from the property is proposed via a 24' wide driveway located on the west side of the property on Elmwood Avenue. A variance is needed as this proposed width exceeds the code standard by 12' due to no garage being present. Similarly variances are needed to establish a paved open off - street parking area (24'x30') in the front yard setback area and to construct a patio that will intrude 2' into the required side yard setback. In the applicant's opinion, the variance requests would not have adverse effects on surrounding properties because the proposed paved driveway and open off - street parking area are in the same location as the existing gravel parking area that has been in place for STAFF REPORT BOARD OF APPEALS ITEM I -2- APRIL 14, 2010 years. The petitioner feels the limited yard area makes the situation unique and if the variance requests are denied, the applicant feels a hardship will be imposed because the property improvements will not be permitted. Justifiable hardship is present in this case as the parcel's unique parcel configuration, existing principal structure placement, and limited rear and side yard areas preclude feasible placement alternatives for improvements within setbacks. For example, rear yard placement of the parking area or patio is not feasible as there is only 3' of width between the principal structure and the north lot line. Alternatively, placing the parking area in the side yard (east) also has limitations as only 14' of width is present between the principal structure and the lot line. While a driveway and parking area could be established in this area due to ample parcel depth, the limited width would only allow for stacked vehicle parking. Subsequently, residents would then be frequently re- positioning vehicles and would need to walk increased distances from the parking area to the primary building entrance on the west side. The submitted plan presented appears to be the most desirable alternative for establishing open off -street parking and a patio for the property due to the limited area present. It should be noted the petitioner is proposing 24 1.f. of 6' high solid board fencing along the north lot line to screen the proposed patio from the property to the north. In general the variances will not be detrimental to adjacent properties and will not be contrary to the public interest. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variances as requested. Attachment to BOA Packet 04/14/10 1308 W. 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Alternate view of subject property looking northeast 4 Please Type or Print in BLACK INK e Return to: Department of Community Development QII KQIH 215 Church Ave. ON ME WATER P.O. Box 1130 Oshkosh, WI 54903 -1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please 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.) Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE. The fee is payable to the City M ity of Oshkosh and due at the time the application is submitted, Address of Parcel Affected: 3 0 ? "C S 4- �V .P (A) york Petitioner: D e / - Fr- 1 1 1 Home Phone: 3 ? 9 - e Petitioner's Address: 6, a. a P a. . c P,' 0.k. ,Work Phone: 37 9 - 6 oR . Q Signature Required: �� z..- � Date: a 13 / Owner (if not petitioner): Q x'1'1 - 9 — _ 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 variance: E Qi1 ct �t . p CFCs i 4. ; 5 2. Describe how the variance would not have an adverse effect on surrounding properties: i / f / - .Aii r0 - .. _ I. its d . _. ... �./ ... i i_i _.0"_._. �_ i Cr...e.-LI. CLE 4_6 -- C. - - - e - t - -C p/ • 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 4. Describe the hardship that would result if your variance were not granted: . ` �■ 4, - - 0 / • 6 ITIIIIIII) ' ' — — —. — — — _ Ni) . 1 l i x6 il q�, a ar`A TTTt: 41' e 1 1 - iii---?. (9- 8 • Q- Driv -e. A r- e4 3 y- J2 i In c5` fi ****.a.: 0 th • ) • 26 47.0' i, t.. 1 3( -...„..., / DISCLAIMER N _ This map is neither a legally recorded map nor a survey and it is not intended to be used as one. A This drawing is a compilation of records, data (J / and information located in various city, county 1308 W. New York Ave. and sate offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not 02 -03 -2010 responsible for any inaccuracies herein contained. If discrepancies are found, please contact the 10 0 10 20 Feet. Scale. 1" = 20' City of Oshkosh. - 1 ■ L Source: City of Oshkosh GIS SUBMITTED BY APPLICANT 7 BOA CHARLES CHRISTOPHER D SCHNEIDER LESLEE S 1308 W NEW YORK AV 1217 RIVERSIDE DR 1406 W NEW YORK AVE 04 -14 -10 SUAMICO WI 54173 8112 OSHKOSH WI 54901 2713 RE 1208 ELMWOOD AV RIDGEVIEW INVESTMENTS LLC ROSE ROGER P CHARA PROPERTIES LLC J 6228 COUNTY RD N 1302 W NEW YORK AVE 1635 MARICOPA DR PICKETT WI 54964 OSHKOSH WI 54901 2757 OSHKOSH WI 54904 8231 RE 1308 W NEW YORK AV RE 1134 ELMWOOD AV MONTAG DANIEL R /JOANNE VANRAVENSTEIN DAVID P 1145 ELMWOOD AVE 3459 SHENANDOAH TRL OSHKOSH WI 54901 3521 NEENAH WI 54956 9044 RE 1209 SPRUCE ST 8 1�� 5 101.8' O \ � � — NI o (\i , 6 ` I o 124.21' in i ■ s �'7 85.6' *".- \, i (,) N b ■ = v 124.23' 1 '3 _ 1 N N' J �' 1 124.25' �j e , 74.25' \` 310 j •R C•4 \ \ --) j I R 1 x s \ • Y d' G Y l cv fr<b ` ,1 ! fir ' ' "' . x; a£ • 1 in 1406 ® K v it. 1220 1406 \ ,o X & - 1302 > xi ,,: , ' v •, < x ;r 74.3' s 150.0' ' Y .-K W . 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The City of Oshkosh is not re- Scale. 1 „ = 1000 sponsible for any Inaccuracies herein contained Department of If discrepancies are found, please contact the Community Development City of Oshkosh. Created by - dff 02/22/10 10