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BOARD OF APPEALS MINUTES OCTOBER 26, 2005 PRESENT: Robert Cornell, Larry Lang, Dennis Penney, and Cheryl Hentz, Chairman EXCUSED: Dan Carpenter, Moss Ruedinger, and Edward Wilusz STAFF:
David Buck, Associate Planner, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Hentz. Roll call was taken and a quorum declared present. Motion by Lang
for approval of the August 24, 2005 meeting minutes, Seconded by Cornell. Motion carried 3-0-1. Hentz abstaining. Motion by Cornell for approval of the October 12, 2005 meeting minutes.
Seconded by Penney. Unanimous. I: 806 MERRITT AVENUE Mr. Buck introduced the item noting that the house was built in 1890, before the Zoning Code was adopted by the City of Oshkosh.
Chairman Hentz questioned if 4 parking stalls were required since the house was built before a zoning code was established. Mr. Buck replied that since it predates the code, none are
required. Mr. Buck passed around photos of the subject sites, showing a clearer picture of the new paving areas than what could be detected from the pictures included in the Staff Report.
Lonnie Darland, 806 Merritt Avenue, Applicant, stated he had the driveway expanded to be able to accommodate 2 parking stalls per apartment. He stated before the addition of paved parking
areas, the cars parked side by side and constant shuffling was done to get cars in and out of the driveway; otherwise vehicles would be parked on the lawn, or across the street in a
commercial lot. Mr. Darland stated he had talked with the contractors, Fox Valley Asphalt, about the permit costs and was told they had taken care of the permits and the cost would be
included in the total price for the job. Mr. Darland also stated he had contacted the contractors recently, Fox Valley Asphalt, to seal the asphalt between the old and the new pavement
and was told they wouldn’t be able to provide that service since it would be needed over the lot line, which would not be in compliance with the City of Oshkosh’s Municipal Code. Chairman
Hentz stated it appeared Fox Valley Asphalt knew they were not in compliance in 2003 with the City of Oshkosh Municipal Code and went ahead and did the job anyway. Chairman Hentz questioned
if Mr. Darland had thought about the need to display the permit during the time the work was being done. Mr. Darland stated he had known other contractors who had not received the permit
until after the job was complete as the permit application was faxed for issuance. Mr. Lang questioned if Mr. Darland had received a written contract for the work performed. Mr. Darland
stated he had received a written proposal for the paving addition to the existing driveway at 806 Merritt Avenue. Mr. Lang also questioned if Mr. Darland had any evidence of Fox Valley
Asphalt admitting to obtaining a permit. Mr. Darland replied he had no evidence in that regard.
Board of Appeals Minutes -2-October 26, 2005 Mr. Buck passed around a copy of the written proposal Mr. Darland had received for the driveway addition done in 2003 by Fox Valley Asphalt.
Chairman Hentz questioned if Fox Valley Asphalt had offered to help rectify the driveway non-conformance at this time. Mr. Darland stated they would not offer any further services. Mr.
Cornell questioned if Mr. Darland owned both 806 & 812 Merritt Avenue and if ingress and egress for both addresses was on Merritt Avenue. Mr. Darland replied he was the owner of both
806 and 812 Merritt Avenue and ingress and egress for both properties was on Merritt Avenue. Discussion continued regarding the details of the paving done in 2003 by Fox Valley Asphalt.
Chairman Hentz questioned if Mr. Darland was concerned about the paving being done over the property lines when the work was being done. Mr. Darland stated he has owned the subject properties
since 1985 and didn’t consider where the property lines were when contracting for paving services. Mr. Lang questioned if there were consequences for the contractor or just the property
owner when no permit has been obtained. Mr. Buck stated that the owner is ultimately responsible for getting the permit and therefore faces the consequences. Mr. Penney questioned what
the owner would have to do to remedy the situation if the variances were not approved. Mr. Buck stated if the variances were to be denied the owner would receive orders to remove the
paving and bring the properties back to the original non-compliance state. Mr. Lang stated that there are other cities that have no parking required for tenants, and tenants park on
the street or find their own parking site. He also stated 4 parking stalls are not required for the subject properties. Chairman Hentz stated there wasn’t on street parking allowed on
Merritt Street or nearby in the surrounding neighborhood and questioned where the nearest parking was located. Mr. Darland stated the closest parking would be down the block near Evans
Street. Chairman Hentz stated parking on the property, with the need to shuffle cars around to get in and out was not the most convenient, but appeared to be the only alternative. Mr.
Lang stated that many properties need to shuffle cars around for ingress and egress and he doesn’t see the hardship in this case. Chairman Hentz questioned why the properties couldn’t
be combined. Mr. Buck stated according to the Municipal Code two two-family dwellings cannot be located on a single lot. Chairman Hentz questioned if any complaints have been received
by the police over the 2 1/2 years the driveways have been paved in this manner. Mr. Buck stated that he had not contacted the City Police but that the Inspection Services Division has
not had any complaints. He also noted that Mr. Darland voluntarily made the City aware of the non-compliant situation. Mr. Lang stated it appeared Mr. Darland had a case to make Fox
Valley Asphalt pay for correcting the situation.
Board of Appeals Minutes -3-October 26, 2005 Motion by Lang for approval of the variance request to permit an off-street parking area with a zero (0) foot side yard setback, parking
encroachment onto the adjacent lot, and substandard parking stall configuration. Seconded by Cornell. Mr. Cornell agreed with Mr. Lang, and noted the problems that might be incurred
with the sale of either property. He stated even though this is of no fault of the property owner there are alternatives and he would have a hard time giving his approval of this request.
Chairman Hentz agreed that this was an unusual situation. She stated it appears Fox Valley Asphalt knew what they were doing was wrong and went ahead with the project anyway. She also
stated it appeared as though the tenants would have to shuffle cars for ingress and egress, and noted other ideas have come forward. She encouraged Mr. Darland to look into getting Fox
Valley Asphalt to provide financial support to rectify this situation. Mr. Penney stated he has empathy for Mr. Darland and realizes that Mr. Darland has voluntarily come forward to
rectify this situation, and was sorry he couldn’t be of more help. Chairman Hentz questioned if Mr. Darland had considered taking down the garage. Mr. Darland stated he had not considered
that option, as he didn’t want to lose value from his property. Mr. Penney questioned if the garage was being used. Mr. Darland stated the garage was used for storage for the downstairs
apartment. Motion denied 0-4. DISCUSSION OF THE BOARD OF APPEALS PROCEDURES No discussion was held at this meeting. There being no further business, the meeting adjourned at approximately
4:04 pm Unanimous. Respectfully Submitted, David Buck Associate Planner DB/vlr