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Home My WebLink AboutMinutes BOARD OF APPEALS MINUTES JULY 24, 2002 PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, John Schorse EXCUSED: Joel Kluessendorf, Don Krueger, Edward Wilusz 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 July 10, 2002 were approved as mailed. (Schorse/Dahl) I: 456 MOUNT VERNON STREET Terry Laib, applicant, and Jay Karner, owner are requesting a variance to reconstruct a front porch that will result in the front porch having a 21’ front yard setback to Mount Vernon Street, whereas Section 30-22(B)(4) of the City of Oshkosh Zoning Ordinance requires a 25’front yard setback. Matt Tucker introduced the item with photos. Mr. Ameringer asked if the house was a historic designated property or in a historic district. Terry Laib, 1347 Washington Avenue, said he was there on behalf of Jay Karner, and responded that the property is eligible for the Historical Register as indicated in the Intensive Research Survey performed in the 1980’s, but it is not in a historic district. Mr. Laib noted the home is listed as “pivotal”, which means it has historic value, and he further explained the eligibility of a property for historical status. He said the owners have completed a great deal of restoration on the property and the porch is now in need of repair. Discussion continued on the implications of properties listed in the national register of historic places, and its implications in regard to zoning. Mr. Laib explained historic preservation specialists try to argue for variances to the codes that are not going to be a threat to health and safety issues, but that are significant to the architectural integrity of the house, such as historic railings on porches. Mr. Laib asked if the proposed condition of the variance would affect the homeowner’s desire to have a railing design that is not open balusters (as is depicted on the site plan), but which would actually be frame and panel. Mr. Tucker explained the intent of the condition is for the porch to not be enclosed with double hung windows, and heated, which allow for the area to be a habitable living space. During board discussion Mr. Schorse stated, in his opinion, the item is very straightforward because the porch that is in disrepair is being replaced with one, which will reflect the style of the house. Mr. Ameringer added that the same footprint, as the existing porch, is being used. Motion by Ameringer for approval of the variance to reconstruct a front porch that will result in the porch having a 21’ front yard setback to Mount Vernon Streeet with the following condition: Board of Appeals Minutes - 2 - July 24, 2002 1.)The porch may not be enclosed in any manner, nor used for habitable heated living space. Seconded by Dahl. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded it was the least possible variance needed because it will fit within the existing footprint, the hardship was not self created because the principal structure was built before the current setbacks were in effect, there are similar setbacks in the area, and there would be no adverse impact on neighboring properties. II: 555 KIRKWOOD DRIVE Steve Kosmer, applicant and owner, is requesting a variance to construct a 144 square foot utility storage structure, whereas Section 30-17(B)(4)(iii) of the City of Oshkosh Zoning Ordinance requires utility structures be a minimum of 100 square feet. Matt Tucker introduced the item. Mr. Ameringer asked when the Zoning Code update would be presented to the Planning Commission and Common Council. Mr. Tucker replied that it is intended for the recommended changes to be presented to the Planning Commission in September or early October, with Council action to follow shortly thereafter in the fall. Steve Kosmer, 555 Kirkwood Drive, said that at the time he took down the old shed he did not realize there was a 100 square foot maximum size allowance. He explained they had recently remodeled their home and the structure would be of the same materials as their house. Mr. Kosmer said he has already ordered the trusses and according to the city handout he assumed he could build the 144 square foot structure as long as it was on a slab. He explained he was made aware of the size limitation when he applied for the building permit. Mr. Ameringer asked the applicant if there were particular circumstances as to why he doesn’t wait for the Zoning updates to go into affect. Mr. Kosmer said he would like to clean up the area and he has the materials left over from the remodeling of the house. Vice Chairperson Hentz asked the size of the previous shed. Mr. Kosmer said it was an old metal, barn like structure, which was about 9’8” x 11’. He said he is now proposing a 12’ x 12’ (144’) structure. Mr. Ameringer asked if the proposed size is in the provisions that are being drafted for the update. Mr. Tucker explained staff is recommending a maximum of 150’ and a total of 30% rear yard area for allowance of storage structures. Discussion continued on the likelihood of the updates being approved by Council. Board of Appeals Minutes - 3 - July 24, 2002 During board discussion Mr. Ameringer stated he is somewhat uncomfortable with this especially since the last session, where Attorney Kraft indicated that there are some problems in approving these storage sheds, but on the other hand, staff is recommending approval of the variance and the updates to the Zoning Code are likely to be approved. Motion by Schorse for approval of the variance to construct a 144 square foot utility storage structure. Seconded by Dahl. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded the variance request is in line with future changes, the substantiation for this is based upon the statements that Mr. Tucker made in regards to the fact that staff is recommending approval and the strong likelihood that the Zoning Code updates will be approved forthwith and there would be no adverse impact on neighboring properties. III: 721 WASHINGTON AVENUE Roger & Anne Cutts, applicants and owners, are requesting a variance to construct a detached garage in the front yard area that will have a 4’+ setback to Shawano Avenue, whereas Section 30-21(B)(6)(d)(i) of the City of Oshkosh Zoning Ordinance requires a 25’ front yard setback. Matt Tucker introduced the item with pictures. He noted it may be necessary for the applicants to obtain a variance from the Traffic Review Board for a 12’ driveway setback from a block corner in a residential area. Mr. Tucker also noted there is a curb style storm sewer inlet that may need to be addressed when the driveway is constructed. Roger and Anne Cutts presented a letter from Mark Huddleston, Transportation Director, stating approval for the driveway approach opening to be located 12 feet from the right- of-way line and stating that a curb cut permit would need to be obtained from the Public Works Department prior to actual construction. Mrs. Cutts said she also spoke with Ed Potempa, City Engineer, who gave approval for a flush mount storm sewer inlet in the new driveway area. Discussion continued on the removal of the present garage and the location of the proposed driveway. It was noted that great improvements have been made at the property since the applicants have taken ownership. During board discussion Mr. Schorse stated, in his opinion the options are limited, and Vice Chairperson Hentz said it would be a great improvement. Motion by Dahl for approval of the variance to construct a detached garage in the front yard area that will have a 4’+ setback to Shawano Avenue. Seconded by Ameringer. Motion approved 4-0. Unanimous. Finding of the fact: It was concluded because of the uniqueness of the lot the options were limited, it would be an improvement to the neighborhood, and the hardship was not self-created. Board of Appeals Minutes - 4 - July 24, 2002 OTHER BUSINESS Mr. Tucker explained that in regard to the storage shed situations, staff explains the present code to the applicants and explains what is being proposed for the Zoning Code Text Amendment. He said staff advises the applicant that they have a choice of whether to apply for the variance or to wait for the update to be approved. Mr. Tucker said he realizes how difficult these decisions are for the Board. Vice Chairperson Hentz asked about the concern raised at the meeting of July 10, 2002 in regard to the speed limit in the alley behind 624-654 Otter Avenue. Mr. Tucker indicated that in conversations with David Patek, Director of Public Works, Mark Huddleston, Director of Transportation, and David Erickson, Police Chief, a 15 MPH speed limit sign would be appropriate. Mr. Tucker explained all the information has been forwarded to the appropriate departments and it may require an Ordinance change. He further indicated Mr. Patek had indicated that a speed bump is not policy due to potential maintenance problems. There being no further business, the meeting adjourned at 4:05 p.m. Respectfully submitted, Matt Tucker Associate Planner MT/mld