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BOARD OF APPEALS MINUTES MAY 14, 2003 PRESENT: Thomas Feavel, Cheryl Hentz, Joel Kluessendorf, John Schorse, Ed Wilusz EXCUSED: Carl Ameringer, Don Krueger STAFF: Matt Tucker, Associate
Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Vice Chairperson Hentz. Roll call was taken and a quorum declared present. The minutes of April 23, 2003
were approved as mailed. (Feavel /Schorse) Unanimous. I: 1449 KNAPP STREET Valerie Zapolsky, applicant and owner, is requesting variances to the City’s Building Code. Per Oshkosh Building
Code 7-33, persons may file an appeal to the Board of Zoning Appeals as provided in the City Ordinance, Section 30-6(B)(2)(a) if an equally good or better form of construction is proposed.
All appeals shall be accompanied by supporting data. Allyn Dannhoff, Director of Inspection Services, introduced the item. He explained that there are two variances requested for the
remodel of the applicant’s attic level of the home into a third floor recreation area. He stated that the City adopts the State Uniform Dwelling Code to apply to alterations and additions
and in this instance there are two issues that are not in compliance with the City’s adoption of the code. Mr. Dannhoff explained that the first request is to allow for the creation
of living space within an unfinished attic area where the required second exit will not be provided and the second request is to allow for the same creation of living space where the
existing stairway is 32” wide. It was noted that Ms. Zapolsky had come before the Board on these same issues on April 9, 2003 and a motion had been approved to lay the item over to give
the applicant an opportunity to consider available options. Mr. Dannhoff added that the applicant is now proposing to install a fire escape ladder, which could be accessed by an egress
sized window at the NW corner of the third floor. He noted that he spoke with a representative of “Commercial Fixed-Escape”, the ladder company, and was comfortable with the aspects
of the ladder for emergency exit as long as the recommended conditions are met. He said that the collapsable ladder has been installed in several residential applications, on 25 US and
Canadian embassies, and on the Blare House (home to the Vice President of the United States). Mr. Dannhoff indicated that other codes in the nation have accepted this as being a legitimate
secondary exit. In regards to the second request, Mr. Dannhoff stated that neither the City of Oshkosh Fire Department nor the Inspections Department has a problem with the 32” wide
stairway as long as the recommended conditions are satisfied. Vice Chairperson Hentz asked if there would be follow up to ensure that the ladder is properly installed. Mr. Dannhoff explained
that it would be part of the building permit and inspection process. Ms. Zapolsky, 1449 Knapp Street, introduced herself and said she was agreeable to the conditions recommended by staff.
Board of Appeals Minutes -2 -May 14, 2003 During board discussion it was noted that the option for the collapsable ladder had been well researched and evaluated and that it was a creative
solution to address the issue. Motion by Schorse to approve building code variance requests to allow for the creation of living space within an existing unfinished attic area where the
required second exit will not be provided and to allow for the creation of living space within an existing unfinished attic area where the existing stairway is 32” wide with the following
conditions: 1) Installation of the proposed collapsable, self contained fire escape ladder to be accessed by an egress window that complies with present day code at the NW corner of
the third floor. This ladder would provide egress access from the 3rd floor attic area down to grade. This ladder must be installed according to manufacturer’s specifications. 2) Installation
of an interconnected, hardwired smoke detection system with battery back up, with detectors provided in the following locations: a. In the finished attic area. (If there are separate
unfinished rooms, each must be provided with smoke detection.) b. On each floor level below the attic in locations required by the present code. 3) The existing stairs is provided with
a stair enclosure at the top of the stairs, so that in the event of a fire, if this exit were blocked, the door could be closed to retard the spread of fire and smoke into the third
floor. This would allow more time for emergency response. 4) The third floor shall be provided with a landline phone (not a portable phone) to allow occupants the ability to call emergency
services from this floor level in the event of a fire (located in a common area of this floor if subdivided into rooms.) 5) The attic area not be used for sleeping purposes or creation
of bedrooms. Seconded by Wilusz.Motion approved 4-1. Nay; Feavel. Finding of the fact: It was concluded that the proposal of the fire escape ladder would provide an equivalent degree
of health, safety and welfare and it was noted that the Oshkosh Fire Department does not have any concerns with allowing the 32” wide stair to remain. II: 2420 HICKORY LANE Joseph Scherer,
applicant and owner, is requesting a variance to allow for a principal structure to have a substandard shore yard setback of 43’+, whereas Section 30-39 of the City of Oshkosh Zoning
Ordinance requires a 51’ shore yard setback. Matt Tucker introduced the item and circulated photos along with plan elevations of the proposed addition.
Board of Appeals Minutes -3 -May 14, 2003 Joseph Scherer, 4400 Cty Rd T, stated that he assumed the house after his mother passed away in January. He said his intent is to modernize
the structure and to provide handicapped accessibility for his wife. He said he plans to redesign the front door to allow wheelchair access along with increasing the size of all the
interior rooms for this same purpose. Mr. Scherer said the addition would be toward the road, rather than closer to the lake and he presented a note from adjacent property owner, Chuck
Knaggs, stating no objections to the requested variance. Mr. Feavel asked if the siding was asbestos as indicated in City records. Mr. Scherer responded it is vinyl siding, which was
replaced about five years ago. He added that the property has been in the City for about two years. There was discussion on when the property would have to connect to the city sewer.
During board discussion it was stated that the variance is a reasonable request. Motion by Feavel to approve a variance to allow for a principal structure to have a substandard shore
yard setback of 43+ . Seconded by Schorse. Motion approved 5-0. Unanimous. Finding of the fact: It was concluded that the hardship was not self created, it is the least possible variance
to resolve the issue, and there would be no adverse impact on neighboring properties. III: 1518 JACKSON STREET Thomas Borski, applicant and owner, is requesting a variance to expand
the width of the existing driveway to a width of 23’5”, or 8’7” wider than the existing garage, to create a front yard parking area, whereas Section 30-36(C)(5) of the City of Oshkosh
Zoning Ordinance requires driveways to be no wider than the garage, as not to create a front yard parking area. Matt Tucker introduced the item and circulated photos. Tom Borski, 1518
Jackson Street, questioned the 20’ maximum driveway width mentioned in the staff report. Mr. Tucker explained that the 20’ maximum total driveway width is a recommendation by staff.
There was further discussion discussion on staff’s recommendation. Mr. Wilusz asked if the applicant was agreeable to staff’s recommendation. Mr. Borski said he was okay with it. He
explained how inconvenient the situation is in regards to having to move vehicles around and how safety is an issue in backing on to the busy street. Mr. Borski added that street parking
is not allowed in this area and if the variance was not approved he would have to acquire a parking permit for either Nevada or Bent Avenues. He stated he would prefer to park the vehicles
on his own property in regard to safety issues. The applicant explained that he had started the work for the driveway expansion not realizing that a building permit was necessary, and
he was then approached by Mr. Tucker, who explained the situation.
Board of Appeals Minutes -4 -May 14, 2003 During board discussion Mr. Feavel said he would support the applicant’s variance request, because he views it as an extension of the sidewalk
and noted that there is no opposition to the request. There was discussion on the number of cars that could be parked on site and the parking challenges. Mr. Kluessendorf stated he would
support staff’s recommendation with the hardship being that the applicant has no available parking on Jackson Street. Vice Chairperson Hentz said that although she appreciates the applicant’s
inconvenience, she would not support the variance because of the front yard parking, which it would create causing a cluttered look for the neighborhood. Mr. Wilusz said, in his opinion,
there is an element of inconvenience, as is true of many of the appeals that come before the Board, however it is a legitimate issue which has safety equated with it and it is a property
which is unusual and unique. Mr. Schorse said there is no opportunity to add on to the garage because of the size of the property and noted the extra wide approach to the driveway. Mr.
Tucker explained that the approaches in this area were constructed, at a request of the Department of Transportation and the Department of Public Works, to facilitate the ease of turns
into the driveways. Motion by Schorse to approve a variance to expand the width of the existing driveway wider than the garage, toward the south, to achieve a maximum 20’ wide driveway
width, to create a front yard parking space, with the following condition: 1) No other vehicles other than passenger automobiles be permitted to be parked in the front yard area. Seconded
by Feavel. Motion approved 4-1. Nay; Hentz. Finding of the fact: It was concluded that the hardship was not self created, it is the least possible variance needed to address the safety
issue, and the property has unique characteristics. OTHER BUSINESS: Mr. Feavel questioned the procedure for calling the roll call at the time of voting and asked if a person could could
pass and have the vote return to them. It was explained that the order is rotated for each meeting, thereby giving each member equal opportunity. Mr. Feavel also questioned the availability
of a reorganizational meeting and the appointment of members to the Board. It was noted that there are periodic reorganization meetings and Mr. Tucker explained the procedure for appointments
to the Board. Vice Chairperson Hentz presented Mr. Kluessendorf with a letter and a certificate of appreciation for his devoted time spent serving on the Board of Appeals. There being
no further business, the meeting adjourned at 4:15 p.m. Respectfully submitted, Matt Tucker Associate Planner MT/mld