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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES OCTOBER 13, 2004 PRESENT: Robert Cornell, Larry Lang, Donald Pressley, Meredith Scheuermann, and Edward Wilusz EXCUSED: Dan Carpenter, Cheryl Hentz STAFF: Matt Tucker, Associate Planner; and Debra Berger, Recording Secretary The meeting was called to order by Vice Chairman Lang. Roll call was taken and a quorum declared present. Minutes of the September 22, 2004 meeting were approved as amended by Mr. Lang. Cornell/Scheuermann. Unanimous. I: 1485 S. OAKWOOD RD. Everett Foster, owner and applicant, is requesting a variance to construct an addition to a dwelling located within the 100 year floodfringe of Sawyer Creek that will have a 3􀁲 foot fill radius, whereas Section 30-56(C)(1)(a)(1) of the City of Oshkosh Zoning Ordinance requires residential structures to have a fill radius of 15 feet extending around the structure with an elevation of (1) foot or more above the regional flood elevation. Mr. Tucker introduced the item and circulated photos of the property. There were also photos, presented by the owner, showing the recent flooding on site. Mr. Lang questioned Mr. Tucker about the 15 ft. fill radius mentioned in the staff report. Mr. Tucker replied the15 feet radius is from the foundation of the structure, on the north side of the lot. He indicated a fill radius may not be placed in the floodway, since local ordinance prohibits the placement of fill materials in a floodway area. Mr. Cornell questioned if the proposed project would solve basement flooding problems. Mr. Tucker replied the current sloping driveway is the lowest point on the lot, which give floodwaters access to the basement. Everett Foster, 1485 S. Oakwood Rd., stated that raising the driveway would alleviate the water running down the driveway and going over the top of the berm around the driveway. He further explained the flooding occurred 3 times during 2004. He described the flooding as a quick onset flood, and when it rains he sometimes stays up all night pumping water to prevent the flooding, which makes living at the property very difficult due to the stress associated with the potential for flooding. Motion by Cornell for approval of the variance request to construct an addition to a dwelling located within the 100 year floodfringe of Sawyer Creek that will have a 3􀁲 foot fill radius subject to the following condition: 1. The reduced floodplain fill radius along the north side of the property be constructed with a retaining wall, adjacent to the floodway boundary line. Seconded by Wilusz. Motion carried 5-0. Finding of the Fact: Mr. Wilusz stated there are clearly practical difficulties. Adhering to strict conformity of the law would prevent the property owner from fixing the situation to prevent the hardship, which is unnecessarily burdensome on the property owner. Mr. Lang added that approving this variance would not cause any degradation of the surrounding area and that no one will be adversely affected. Board of Appeals Minutes -2 -October 13, 2004 II: 815 WOODLAND AVE. Todd L. Miller, Hanzak Properties, LLC, owner and applicant, is requesting a variance to expand and reconfigure the off-street parking area which will have a 4 foot side yard setback to the east, a 3 foot rear yard setback to the south, and a 0 foot side yard setback to the west, whereas Section 30-35(B)(1)(c)(i) of the City of Oshkosh Zoning Ordinance requires a 10 foot side and rear yard setback to the south and west, and Section 30-36(C)(3)(d) requires a 10 foot side yard setback to the east. Mr. Tucker introduced the item and circulated photos of the subject property. He stated since the staff report was written he conferred with the city of Oshkosh Building Inspection Department. He discovered that when the building was built in 1989, code required a 13ft. handicapped parking space. The drawing the owner submitted with his variance request does not have any provision for a handicapped space. A handicapped space is required even if there is not a handicapped individual dwelling in the building. Todd Miller, 815 Woodland Ave., stated he purchased this property in June 2003. He noted he has cleaned up the property, replacing landscaping, and regularly picks up garbage. He has attempted to address the parking problem by having each tenant parking in the lot have a business card with his or her apartment number on it. There is also a letter on file with the Oshkosh Police Department giving the tenants permission to tow unauthorized vehicles parked on the property. He explained his parking proposal. Mr. Miller provided a letter from Greg Piper, Battalion Chief with the Oshkosh Fire Department, stating it is safer to move the parking in the rear away from the building (letter on file in the Department of Community Development). Mr. Lang questioned Mr. Miller as to the number of occupants there are living in the building. Mr. Miller replied there are 16 occupants, not 24 as stated in the staff report. Mr. Tucker concurred with the inaccuracy in the Staff Report. After discussing it was determined that adding additional parking in the front yard area would not be likely due to the handicap parking space requirement. Mr. Tucker stated there is a challenge as to where the existing dumpster will be located with Mr. Miller’s proposal to add five spaces to the rear of the property. Mr. Tucker further stated there would be room for the dumpster in the back by providing four spaces instead of the proposed five. Ray Mueller, 821-823 Woodland Ave., stated he and his wife own the adjacent property and are supportive of Mr. Miller’s variance request. Mr. Pressley stated, in his opinion, the benefits of additional spaces would outweigh the negative impact. There have been problems for years with parking in this area. He will support approving this variance, as requested. Mr. Lang stated the landscaping in front has been destroyed a number of times. The report from 1989 states there was a recommendation for a landscaping buffer along the rear. This was never completed and there has been no attempt made to shield this parking lot from the property owners to the rear. Mr. Lang further stated the owner should have known that this is a troubled unit before he purchased the property and will not support approval of this variance. Mr. Wilusz stated he would support approving 4 parking spaces in the back. Motion by Pressley for approval of the variance request to expand and reconfigure the off-street parking area which will have a 4 foot side yard setback to the east, a 3 foot rear yard setback to the south, and a 0 foot side yard setback to the west, as requested by petitioner. Seconded by Scheuermann. Motion failed. 2-3. Nay Cornell, Wilusz, Lang. Board of Appeals Minutes -3 -October 13, 2004 Motion by Wilusz , to approve a reconfigured off-street parking area in the rear yard, with four offstreet parking spaces, with the following condition: 1. The off-street parking area be fully screened in accordance with approval of the Department of Community Development. Second by Pressley. Motion carried 4-1. Nay Lang. Finding of the Fact: It was determined through board discussion that this is the least variance possible to alleviate this ongoing parking problem. It will not have an adverse impact on the neighborhood, and will in fact be safer and more attractive as screened, while providing an additional space. Mr. Lang stated the minority’s position is that it is not the responsibility of this committee to alleviate situations created by previous owners of the property. III: 440 CHURCH AVE. Brian Gauthier, applicant for All American Investments, owner is requesting a variance to permit an uncovered off-street parking space with a 5 foot side yard setback, whereas section 30-3630-36 (C)(5)(a) of the City of Oshkosh Zoning Ordinance requires a 7.5 foot side yard setback for uncovered off-street parking spaces. Mr. Tucker introduced the item and circulated photos of the property. Brian Gauthier, 1575 Galway Ct. Oshkosh, stated the property is a duplex that has 4 bedrooms in each unit and currently has 2 non-conforming off-street parking spaces. He stated Church Avenue has no overnight parking. He already has a permit to install the driveway and first off-street parking space, and is asking for 2.5 foot setback reduction towards the rear of the property. He noted that both he and Mr. Tucker spoke to the adjacent property owners to the southeast, and they have no objections to his plan. Mr. Tucker concurred. Mr. Gauthier stated, in his opinion, this is a good fit for the neighborhood as most of the houses have similar parking to the side of the house. He plans to screen with a 6 ft. solid fence along the back and side of the property, to screen the vehicles and keep them from accessing the rear yard lawn area. He also stated he is going to asphalt curb the area so that vehicles will not drive off the pavement. Mr. Cornell questioned Mr. Tucker how many parking areas would be required for the 8 bedrooms on the property. Mr. Tucker replied the requirement is 5 code compliant off-street parking spaces. John Reinders, 448 Church Avenue, stated his only major concern was parking on the grass. He questioned Mr. Tucker about the proposed parking configuration. Mr. Tucker responded: Parking in the driveway area is permitted so the owner would end up with two legal spaces and probably three driveway spaces. Mr. Gauthier stated he is going to remove the scrub trees and brush prior to putting up the fence and is open to any recommendation as to where to put the fence. Mr. Reinders stated it would be an improvement to the neighborhood and does not oppose this. Being in the historical district, it could very well improve the whole look of the block. Board discussion ensued, with Mr. Cornell stating he feels that under the circumstances, the problem of having to provide an additional parking space has been resolved with this proposed variance. He further stated after listening to both the owner and the neighbor, in his opinion, the result of granting this variance would clean up the situation and end up being an asset. Motion by Cornell for approval of the variance request to permit an uncovered off-street parking space with a 5 foot side yard setback, as originally requested by the applicant. Seconded by Scheuermann. Motion carried 5-0. Board of Appeals Minutes -4 -October 13, 2004 Finding of the Fact: It was determined through board discussion that granting this variance would alleviate an ongoing parking problem. It will not have an adverse impact on the neighborhood, and will in fact be more attractive. IV: 1433 WITZEL ST. David W. Albrecht, owner and applicant, is requesting a variance to pave the existing off-street parking area that will have a 0 foot front and 0 foot side yard setback to the east, whereas Section 30-36(C)(3)(d) of the City of Oshkosh Zoning Ordinance requires a 25 foot front yard setback and Section 30-35(B)(1)(c)(i) requires a 10 foot side yard setback to the east. Mr. Tucker introduced the item and circulated photos of the property. He explained, the owner is requesting to pave an existing gravel parking area. This property pre-dates any requirements for a parking plan and number of parking spaces per unit as it was built before that zoning ordinance was implemented. Mr. Wilusz asked Mr. Tucker if any additional area was to be paved. Mr. Tucker replied the owner is requesting that only the existing gravel area be paved. Mr. Tucker further stated that the owner contacted him before this hearing to let him know he is out of state and may not make it back in time for this hearing. Board discussion followed. Mr. Wilusz stated that an unnecessary hardship exists and by granting this variance the situation would be definitely improve. Mrs. Scheuermann agreed. Mr. Lang stated he would appreciate a more definite plan of parking spaces than the one submitted. Mr. Tucker explained the staff recommendation that a striping plan is to be provided, to include 9 ft. x 18 ft. parking spaces with an angle configuration. He further stated no handicap parking spaces are required for this property. Motion by Wilusz for approval of the variance request to pave the existing off-street parking area that will have a 0 foot front and 0 foot side yard setback to the east subject to the following condition: 1. A parking space striping plan be approved before a building permit is issued, designating the parking spaces. Seconded by Cornell. Motion carried 5-0. Finding of the Fact: Mr. Lang stated it appears to be an improvement to the existing condition and does not appear to be adding any new parking to the property. He further stated he believes it would be looked upon as an improvement by the tenants and surrounding property owners. Mr. Wilusz added that while it is a variance this is clearly consistent with the intent of the zoning ordinances to improve this situation. V: 639-641 JACKSON ST. Scott Schneider, Dynamic Properties, LLC, applicant and owner is requesting a variance to construct an offstreet parking area that will have 0 foot side and rear yard setback, whereas Section 30-36(C)(5)(a) of the City of Oshkosh Zoning Ordinance requires a 7.5 foot side yard setback and a 25 foot rear yard setback for uncovered parking spaces. Mr. Tucker introduced the item and circulated photos of the property. Scott Schneider, Dynamic Properties LLC, 813 813 N. Main St. Apt. D, stated the biggest problem is that there are more college students today having vehicles than there were 10, 15 or 30 years ago. He further stated he is having difficulty renting due to the parking problem. Mr. Lang inquired about the parking on Amherst Avenue. Mr. Tucker replied he believed that parking is only allowed on one side of Amherst Ave., with no overnight parking allowed. Board of Appeals Minutes -5 -October 13, 2004 Mr. Wilusz asked Mr. Schneider what condition the garage was in before he removed it. Mr. Schneider replied the doors were off but the structure/foundati on was in good shape. He would have needed to purchase new doors for approximately $400 and chose not to do that because, in his opinion, he would still have a parking problem. Sam Hagerman, N5351 Denevu Ln., Fond du Lac, WI, owner of 647 Jackson St., stated his concern he has is that if additional paving is allowed, the old garage slab is already about 8 inches higher and water will flow right in to where the properties meet. The other concern he has is where is snow going to be put? Mitzi Hagerman, N5351 Denevu Ln., Fond du Lac, commented that looking at the proposal, 6 cars could actually fit in that space. If that happens, the 3 front cars could nicely drive right around the corner and exit out their driveway between the two properties. She would request that a fence be put up to prevent that. Mr. Tucker said the subject property is unique, that nothing can be done to improve the parking situation without a variance. How much varying should be done versus taking one of the houses down or leaving the configuration the way it is? With the current use situation at the site, parking will probably always be deficient, which is not unusual or unique to the general area. Mr. Wilusz asked if building a 3-stall garage would be a viable option. Mr. Tucker replied no, it would not. A 3-stall garage is 27 feet wide and there is only approximately 22 feet available. Mr. Lang stated, in his opinion, there just isn’t enough space there to eliminate the parking problem. Motion by Lang for approval of the variance request to construct an off-street parking area that will have 0 foot side and rear yard setback, as requested by petitioner. Seconded by Cornell. Motion failed. 0-5 VI: 721 WASHINGTON ST. Anne Cutts, applicant and owner is requesting a variance to construct an off-street parking area in the in the front yard area of the property to Shawano Avenue, whereas Section 30-36 (C)(5)(a) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback for an off-street parking area. Mr. Tucker introduced the item and circulated photos of the property. Anne Cutts, owner, 721 Washington Ave., stated when they removed the dilapidated garage and house addition, they had plans to improve the entire area. She further stated she did not have a chance to speak with Mr. Tucker after reviewing the staff report. She stated the least variance she would like to have would be to have one additional off-street parking space so that she would be able to get their vehicles off the street. Mr. Tucker explained the off-street parking requirement for a single family dwelling: Ordinance requires two code-compliant off-street parking spaces. He explained it is up to the board to determine if not having a third off-street parking space or driveway parking area is a hardship, which could be the case because there is no driveway area for parking. He further stated he would suggest a functional single space alongside a garage usually is greater than 9 feet wide, up to 12 ft. maximum, since the 9 foot width is intended for parking lots. A wider space allows area for doors to be opened and area for walking around the parked vehicle. Mr. Lang suggested the owner should come back to the board with a revised request, since it appears the petitioner is asking for something substantially different. Mr. Wilusz asked if it makes sense to lay this over to give the applicant time to talk to Mr. Tucker. Mr. Lang agreed. He further stated, given some of the issues that have been raised and the uncertainty he has, he is not comfortable because he doesn’t really know what he would be approving. Mr. Lang also stated he doesn’t feel comfortable revising the applicant’s original variance request. He will not make any motions to approve a drastically modified request. Mr. Cornell agreed, stating he did not feel it was the board’s job to be micro-managing this request, deciding on dimensions of anything. Ms. Cutts stated she would submit a revised drawing. Board of Appeals Minutes -6 -October 13, 2004 Mr. Wilusz stated due to the uniqueness of this property and the way the garage is oriented, in his opinion, he thinks there is a legitimate hardship here, not having driveway parking. He’s not persuaded by the staff comment that this is a self-created hardship. Motion by Wilusz to lay this item over to the 10/27/04 meeting. Seconded by Cornell. Motion carried. 5-0 There being no further business, the meeting adjourned at 5:21 p.m. Cornell /Lang. Unanimous. Respectfully Submitted, MATT TUCKER Associate Planner MWT/djb