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HomeMy WebLinkAboutMinutes BOARD OF APPEALS MINUTES June 27, 2001 PRESENT: Carl Ameringer, Cheryl Hentz, Joel Kluessendorf, Don Krueger EXCUSED: Fred Dahl, John Schorse 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 June 13, 2001 were approved as mailed. Hentz/Kluessendorf. Unanimous. I: 665 Frederick Street Ron Dorsch, applicant and owner, requests a variance to construct an off street parking area for two vehicles, with a side yard setback of 1’6” and a rear yard setback of 10’, whereas Section 30-36 (C)(5)(a) of the City of Oshkosh Zoning Ordinance requires that uncovered parking spaces comply with the required setbacks of the principal structure, which are 7’6” side yard and 25’ rear yard setbacks. Matt Tucker introduced the item with pictures. Chairman Krueger asked what alternatives there were to the parking situation. Discussion followed as to the open parking available. Chairman. Krueger inquired whether Mr. Dorsch was agreeable to the conditions presented by staff. Ron Dorsch stated that he would like to maintain the value of his property and would like to erect a garage in the future. He said this would be a temporary solution to the problem. He stated that he would like to keep as much green space as possible and still have adequate parking. Mr. Dorsch noted that he is an architect and often works with small spaces. Ms. Hentz inquired as to the time frame of the building of the garage. Mr. Dorsch replied not this year or next year. He stated that he tries to be a good landlord to his tenants in providing parking. Discussion followed about the house being a single- family residence and the ownership of the vacant property to the south. It was stated that Winnebago County owned the vacant lot to the south. Mr. Ameringer asked the reasons for Mr. Dorsch’s proposal versus what staff has recommended. Mr. Dorsch responded that he was trying to maximize the green space and with the conditions presented he would be adding more concrete to the area, which in his opinion would be an eyesore, and would increase the runoff on site. Board of Appeals Minutes -2- June 27, 2001 Board discussion followed with Chairman Krueger stating that the setbacks recommended by staff would be more appropriate. Mr. Ameringer discussed the possible use of the vacant property to the south. Mr. Tucker noted that when considering green space, one must keep in mind that accessory uses on rental property often change with tenancy. Motion by Ameringer for approval of the variance to construct an off street parking area for two vehicles, with a side yard setback of 1’6” and a rear yard setback of 10’. Motion failed for lack of second. Motion by Hentz for approval of the variance to construct an off street parking area for two vehicles, with the following conditions: 1.)The off street area be constructed with a 5’ side and rear yard setback, as to provide for a 5’ green space, snow storage, and screening area. 2.) A screening plan be reviewed and approved by the Department of Community Development prior to obtaining a building permit. Kluessendorf seconded the motion. Motion carried 4-0. Unanimous. Findings: Mr. Kluessendorf noted that it would be nice for a garage to be erected, and he stated staff made the best recommendations for the neighborhood. II: 800 Bauman Street M. J. Castle, applicant and owner, is requesting a variance to allow for a floodplain fill radius of 7’6” along the front of a structure, whereas Section 30-56 (C)(1)(a)(i) of the City of Oshkosh Zoning Ordinance requires a 15’ fill radius beyond the limits of a structure. Matt Tucker introduced the item. He presented maps of the area. He stated that letters are on file from the Police and Fire Departments, indicating that emergency services could be adequately provided. Mr. Tucker also stated that the DNR has no objections to the variance request. Bob Albright Jr., the representative for M. J. Castle, stated that through interior modifications that have been made to the structure, it is necessary to obtain approval on this requested variance. Motion by Hentz for approval to allow for a floodplain fill radius of 7’6” along the front of a structure. Seconded by Ameringer. Motion carried 4-0. Unanimous. Findings: It was concluded that it is the only real option and that it does not present any safety issues in respect to the police and the fire departments. It was also stated that the DNR has no objections. Board of Appeals Minutes -3- June 27, 2001 III.120 Bay Street . Enid Kiefer, applicant and owner, requests a variance to construct a porch with a 5’2” front yard setback, whereas Section 30-17 (B)(3)(c) of the City of Oshkosh Zoning Ordinance requires a 25’ setback. Matt Tucker introduced the item with pictures. Louis Kiefer, representative for the applicant, stated that the house is having improvements done at this time; electrical work, new siding, etc. and the porch is not structurally sound so the request has been made to construct a new porch, which would improve the appearance of the home. Motion by Ameringer for approval of the variance to construct a porch with a 5’2” front yard setback. Seconded by Kluessendorf. Motion carried 4-0. Unanimous. Findings: It was concluded that the expansion of the porch is only 7”, other setbacks in the area are substandard, the hardship was not self created, it has no adverse impact on the neighborhood, and it makes the porch usable. IV. 500 Merritt Avenue R. J. Albright, applicant, Bob Winkelman, owner, request a variance to construct a detached garage, with 10’4” side yard setbacks, whereas Section 30-35 (B)(1)(c) of the City of Oshkosh Zoning Ordinance requires a 19’3” setback from the north lot line and a 25’ setback from the south lot line. Matt Tucker introduced the item and presented pictures. Bob Albright Jr., representative for the applicant, discussed the commercial aspect of the building. He stated that the owner intends for the garage to be used as a storage facility not as a commercial structure. Mr. Albright said that with the transitional yard setbacks the lot becomes unusable. Mr. Ameringer asked if there were any concerns about the conditions listed by staff. Mr. Albright said he was unable to discuss the conditions with Bob Winkelman. He said that Mr. Winkelman’s only concern may be condition #2, because the occupants would need some sort of walkway from the residence to the garage. Discussion followed as to the possibilty of creating another condition regarding the commercial use of the proposed garage. The issue of the two lots being combined was also discussed in regard to the liquor license being valid for the property. Board of Appeals Minutes -4- June 27, 2001 Motion by Hentz for approval to construct a detached garage, with 10’4” side yard setbacks with the following conditions: 1.)The vacant lot be combined with the 500-502 Merritt Avenue lot. 2.)No parking or storage be permitted within the 10’4” side yard setback area, and these areas be returned to green space. 3.)The existing gravel driveways be paved in accordance with Section 30-36(C)(3)(a)(i) of the Oshkosh Municipal Code. 4.)A landscaping and screening plan be reviewed and approved by the Department of Community Development, prior to the issuance of a building permit. 5.)The new additional structure not be used for any tavern related purpose other than incidental storage. Motion seconded by Ameringer. Motion approved 4-0. Unanimous. Findings: It was concluded that the hardship was not self created, there would be no adverse impact in the neighborhood, and the storage of equipment would be a major improvement in the area. V.1126 Fillmore Avenue Roger M. Coates, applicant and owner, requests an appeal to the zoning administrator’s determination that a parking space behind the garage is nonconforming, as its use has discontinued for a period greater than 21 months, and the following variances: a parking space located between the building and the rear lot line, whereas Section 30-36(5)(a)(iii) of the City of Oshkosh Zoning Ordinance does not allow uncovered parking spaces between the garage and the rear lot line; a 28’ wide driveway that will be wider than the garage, whereas Section 30-36(5)(b) of the City of Oshkosh Zoning Ordinance does not allow a driveway to be wider than the garage and no more than 24 feet in width at the lot line; and a 168 square foot utility structure, whereas Section 30-19(4)(e)(iii) of the City of Oshkosh Zoning Ordinance requires that utility structures not exceed 100 square feet; a reduction in the required number of parking spaces for a two family dwelling, from four to three, whereas Section 30-36(B)(8) of the City of Oshkosh Zoning Ordinance requires two parking spaces for each unit.. th Matt Tucker explained that a request was made to lay over the item to the July 11 meeting because the applicant’s counsel was unable to attend this meeting. Motion by Hentz to lay over. Seconded by Kluessendorf. Motion carried 4-0. Unanimous. There being no further business the meeting adjourned at 4:20. Respectfully submitted, Matt Tucker Associate Planner