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BOARD OF APPEALS MINUTES APRIL 23, 2003 PRESENT: Carl Ameringer, Thomas Feavel, Cheryl Hentz, Don Krueger, John Schorse EXCUSED: Joel Kluessendorf, Edward Wilusz STAFF: Matt Tucker,
Associate Planner; Mary Lou Degner, Recording Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of April 9,
2003 were approved as mailed. (Hentz /Ameringer) Unanimous. I: 814 WRIGHT STREET Jeff Wicinsky, applicant and owner, is requesting a variance for a principal single family structure
with a 6’1” side yard setback, whereas Section 30-19(B)(3)(b) of the City of Oshkosh Zoning Ordinance requires a 7’5” minimum side yard setback. Matt Tucker introduced the item and circulated
pictures. Jeff Wicinsky, 6529 Lasley Shore, Winneconne, Wisconsin, said the present state of the property is very deteriorated and stated he intends to put a basement under the proposed
18’ x 26’ addition for placement of the furnace and hot water heater. He noted the placement of the furnace in the basement would be a safety improvement over the existing condition.
Mr. Wicinsky said he purchased the property last year and his intent has been to improve the property with new siding, windows, etc. so he can obtain respectable tenants. He noted that
the property is student occupied, as is the majority of the neighborhood. Ms. Hentz questioned the Staff Report reference to the possibility of inadequate off-street parking with the
addition of two more bedrooms. She stated a concern with tenants possibly parking on the lawn area. Mr. Tucker answered that the property presently has code compliant parking and this
condition will not change. He further stated that the addition would increase the number of vehicles that could be present, since the structure will have four bedrooms. Mr. Wicinsky
stated that in addition to the two-car garage there is a 60’ driveway where the width is 14’ or wider, which allows parking for five or six vehicles. He said he would alert the tenants
that parking is not permitted on the lawn area. Mr. Schorse questioned if there would be inside access to the basement and asked if it would be necessary for the driveway to be paved.
Mr. Wicinsky presented a floor plan of the house, noting the inside access to the basement. He said he is in the business of buying and improving rental property. He added that he provides
smoke and carbon monoxide protectors throughout the house, for each bedroom and the hallways. Mr. Wicinsky said he is very aware of fire and other safety issues.
Board of Appeals Minutes -2 -April 23, 2003 Mr. Tucker said the gravel driveway is a legal nonconforming driveway, and it would not require paving as a result of this addition. Motion
by Hentz to approve a variance for a principal single family structure with a 6’1” side yard setback. Seconded by Ameringer. Motion approved 5-0. Unanimous. Finding of the fact: It was
concluded that the property was constructed almost 100 years ago, it has unusual characteristics, safety issues would be corrected, it is the least possible variance necessary, and the
addition itself is a continuation of the setback that presently exists. II: 651 FRANKLIN STREET Rick Schroeder, applicant and owner, is requesting a variance to construct a two story
detached garage, whereas Section 30-19(B)(4)(b)(i) of the City of Oshkosh Zoning Ordinance requires detached garages be restricted to a maximum of one story. Matt Tucker introduced the
item. He explained that the City is considering addressing issues of uniqueness in regard to how the the City of Oshkosh Zoning Code should affect historical properties. He mentioned
the City has been looking into introducing specific allowances for larger garages on historic properties, as they may be complimentary to the historic nature of an individual property.
Rick Schroeder, 651 Franklin Street, stated that there was a carriage house on the property, which was razed, prior to his purchase of the property. He said his intention is to recreate
a structure, which would be compatible to the house and the neighborhood. He said he would be meeting all the zoning requirements, except for the one story requirement. Mr. Schroeder
presented a larger scale of the plan stating the side walls would be 4’ taller than the roof of the first floor, the average height in the second story would be would be 6’3” tall, and
the first floor walls would be would be 8’ tall. He noted the upper level of the proposed garage would be used for storage because his basement space is not full height and the attic
space has little access with no flooring. Mr. Schroeder added there would be about 800 sq. ft. for storage, with a folding ladder for access. David Timm, 618 Jackson Street, said he
resides at the property west of where the proposed garage would be located. He voiced a concern of the two story garage blocking the sun from his back yard. He noted that the staff report
stated an alternative to construct the garage with a mansard, or barn style roof, which would pull the roof down to a height which would make the structure appear as a single story.
Mr. Timm added that most of the garages in the neighborhood are 400 to 500 sq. ft. single story garages and, in his opinion, the garage could be made deeper, rather than taller. He noted
that there appears to be other options available. Ms. Hentz questioned how long Mr. Timm has owned the property. Mr. Timm responded that his father has owned the property for 35 years.
Mr. Tucker stated that the proposed garage is projected to be 18’ tall, which is the same height that the garage could be with a mansard style roof. He explained that the request is
to permit the roofline to intersect above the floor of the second story.
Board of Appeals Minutes -3 -April 23, 2003 During board discussion it was stated that the height of the proposed garage would be 18’ regardless of the style options and approval of
the variance would allow the applicant to construct a complimentary structure which would relate to the historic nature of the property. There was discussion on the possibility of the
upper storage area of the proposed garage being converted to living space. It was noted that the present code does not allow for this conversion. Motion by Hentz to approve a variance
to construct a two story detached garage. Seconded by Schorse. Motion approved 4-0. Feavel voted present. Finding of the fact: It was concluded that it is the least possible variance
necessary, it will replicate the historic aspect and be an improvement to the property, the hardship is not self created, and there will be no adverse impact on neighboring properties.
III: 520 OAK STREET Mary Phipps, applicant and owner, is requesting a variance for a principal single family structure with an 8’10” front yard setback and a 6’11” side yard setback,
whereas Section 30-19(B)(3)(b) and (c) of the City of Oshkosh Zoning Ordinance requires a 25’ minimum front yard setback and a 7.5’ minimum side yard setback. Matt Tucker introduced
the item and circulated photos. Mary Phipps, 520 Oak Street, said the house was built in 1910 and there is not adequate space. She stated that she has a muscle disorder and would like
for the laundry area, crafting area, etc. to be on one level. She stated the attic space is not sufficient and the basement has low ceilings. Chairman Krueger asked for clarification
on the site plan, which shows a bay window in the front yard setback area. Mr. Tucker responded there would be a projection of a windowsill in the front yard, which is permitted by the
ordinance. Don Krueger, who is working with the applicant, presented plans stating they propose an addition on two sides of the house and intend to remodel the existing house. Motion
by Hentz to approve a variance for a principal single family structure with an 8’10” front yard setback and a 6’11” side yard setback. Seconded by Ameringer. Motion approved 5-0. Unanimous.
Finding of the fact: It was concluded that the variance request meets the criteria for approval and the setbacks on the property are already substandard legal nonconforming.
Board of Appeals Minutes -4 -April 23, 2003 IV: 175 W. FERNAU AVENUE Donald Johnson, applicant, and B & P Order of Elks, Inc., owner, are requesting a variance to construct an addition
on the existing building that will have a 27’ side yard setback, whereas Section 30-30(B)(2) of the City of Oshkosh Zoning Ordinance requires a 50’ side yard setback. Matt Tucker introduced
the item explaining the request is for clarification and reconsideration of a variance previously approved on February 12, 2003. He said there was a misunderstanding by the applicant,
who thought he had obtained a waiver to the required 50’ side yard setback, when in fact the variance was granted for construction of an addition on the existing building that would
have a 37’ side yard setback. He explained the applicant is now requesting a variance to construct an addition on the existing building that will have a 27’ side yard setback. Don Johnson,
2585 Wisconsin Street, said that the Elks Lodge has been left a bequest, which would allow them to enhance the size of the open-air pavilion by 10’, resulting in the structure having
a 27’ side yard setback. Mr. Tucker clarified to Mr. Johnson that Section 30-30(B)(2) of the City of Oshkosh Zoning Ordinance requires a 50’ side yard setback not a 20’ side yard setback,
as indicated in Mr. Johnson’s letter, and that the Board is currently hearing a request for a side yard setback of 27’. Mr. Johnson said he understood. Motion by Hentz to approve a variance
to construct an addition on the existing building that will have a 27’ side yard setback. Seconded by Feavel. Motion approved 5-0. Unanimous. Finding of the fact: It was concluded that
the variance request satisfies the conditions for variance approval and it was noted that the most important feature is the fact that the existing adjacent residential building is zoned
M-3, General Industrial District, and will have to be razed. OTHER BUSINESS: There being no further business, the meeting adjourned at 4:15 p.m. Respectfully submitted, Matt Tucker Associate
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