HomeMy WebLinkAboutLetter (BZA Variance) - 06/11/1998 City of Oshkosh
Dept. of Community Development
215 Church Ave., PO Box 1130 JACKSON R. KINNEY
0J� /V..I^ Oshkosh, WI 54902 -1130 Director
J H (414) 236 -5059 (414) 236 -5039 FAX
ON THE WATER
June 11, 1998
William Kolarik
2528 Shorewood Drive
Oshkosh, Wisconsin 54901
Re: 2524 Shorewood Drive
Dear Mr. Kolarik:
On June 10, 1998, the City of Oshkosh Board of Appeals approved a variance for the above referenced
property to construct a garage with a 5 foot front yard setback and a 7 foot side yard setback.
The decision of the Board was filed in the Planning Services Office of the Department of Community
Development on June 11, 1998. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning
Ordinance, your variance will expire on December 11, 1998 unless you have obtained a permit for the
activity allowed by the variance. If you fail to get a permit by this date, you must reapply for a variance
if you intend to go ahead with the activity allowed by the variance.
Building permits may be obtained from the Inspection Services Division in Room 205 at the Oshkosh
City Hall between 7:30 - 8:30 AM and 12:30 - 1:30 PM, Monday thru Friday, or call (920) 236 -5050 for
an appointment.
If you have any questions, feel free to call me at (920) 236 -5059.
Sincerely,
;, 1 ,
JOHN C. BLUEMKE
City of Oshkosh
Principal Planner
JCB /vlr
cc: Inspection Services Division
BOARD OF APPEALS MINUTES PAGE 3 JUNE 10, 1998
IV. 2524 SHOREWOOD DRIVE - William Kolarik, Applicant/Owner
William Kolarik, applicant/owner requests variances to construct a garage with a 5 foot front yard setback
and a 7 foot side yard setback.
Bob Kolarik, agent for Bill Kolarik, asked if it was possible at this time to ask for only one variance if the
7' 6" side yard setback was met, and he also wanted to know if a bigger garage could be built. Mr. Bluemke
replied that one variance could be granted for the front yard setback, if the side yard setback was in
compliance, and a bigger garage could be built as long as it met code requirements, and didn't extend into
any setback areas.
Mr. Roehlig stated it appeared to be an improvement over the existing situation.
Motion by Roehlig to approve variances to construct a garage with a 5 foot front yard setback
and a 7 foot side yard setback. Seconded by Schorse. Motion carried 4 -0.
Finding of the Fact: Mr. Roehlig stated it would improve the side yard and not have an adverse impact
on the neighborhood.
V. 916 W. 11TH AVENUE - Michael J. Phillip Sr., Applicant/Owner
Michael J. Phillip Sr., applicant/owner requests a variance to construct a detached garage in the rear yard
with a 1 foot side yard setback.
Mike Phillip, 916 W. llth Ave., pointed out that this garage was a new project, and would not be replacing
an old existing frame garage as noted in the Staff Report. He stated he was requesting the variance so that
the garage could be built where it would not interfere with a tree on the lot, and not block off the view of
the back yard from the patio. He also stated he had brought a signed statement from his neighbors who had
no objections to the proposed location of the garage. (Statement on file in the Department of Community
Development.)
Discussion followed regarding the alternatives Mr. Phillip's had of building the garage shorter or narrower,
or to move it over 1 -1/2 feet. Mr. Phillip's stated he would already have to remove one fruit tree with this
proposal.
Chairman Krueger stated he couldn't find a hardship. Mr. Husman asked what measurement was needed to
comply with the setback. Mr. Bluemke stated 18 inches was needed. Mr. Roehlig said maintenance of the
garage could also become a concern, being so close to the neighboring property. Mr. Schorse asked what
comments were made by the neighbors. Mr. Bluemke replied, per the statement submitted by Mr. Phillip's
the neighbors had no objections.
Motion by Roehlig to approve the variance to construct a detached garage in the rear yard
with a 1 foot side yard setback. Seconded by Schorse. Motion denied 0 -4.
Finding of the Fact: Mr. Roehlig stated he couldn't find any hardships other than those which were self
created and could foresee problems with the garage location in the future.
STAFF REPORT BOARD OF APPEALS
JUNE 10, 1998
ITEM IV: 2524 SHOREWOOD DRIVE - William Kolarik, Applicant/Owner
GENERAL DESCRIPTION AND BACKGROUND
William Kolarik, applicant/owner requests variances to construct a garage with a 5 foot front yard
setback and a 7 foot side yard setback whereas Section 30 -17 (B) (3) (b) and (c) require a 7 foot 6 inch
side yard setback, and a 25 foot front yard setback.
The general area is characterized by residential land uses. The subject property is a single family
dwelling and is zoned R -1 Single Family Residence District.
ANALYSIS AND RECOMMF,NDATION
In reviewing a variance request, the following questions should be addressed:
Is there an unusual or unique characteristic about the subject property which
creates a hardship?
Is the hardship self - created?
Is the variance being requested the least possible needed to remove any
hardship?
Will granting of the variance have a considerable adverse impact on the
neighboring properties?
The applicant is proposing to construct an attached garage with a 5 foot front yard setback and a 7
foot side yard setback. The proposed garage would replace an old existing frame garage. The aaplicant
would appear to have an alternative, in that the garage could be placed in the side yard, but this would
have more of an adverse impact on the neighborhood, as this placement would significantly interfere
with the neighbors sight lines to Lake Winnebago. Also, the proposed location would appear to lessen
the encroachment on the side yard to the south. There are several garages in the area with similar
setbacks, which is a result of the properties being located adjacent to Lake Winnebago. A new garage
would appear to be an improvement to the neighborhood and its placement would not appear to have
an adverse impact on neighboring properties.
Based on this information, staff recommends approval of the variance.
Please or Dint i n BLACK INK Return to: Department of
Community Development
215 Church Ave., PO Box 1130
CITY OF OSHKOSH Oshkosh, WI 54902 -1130
APPLICATION FOR VARIAN .R
Please write legibly with black ink and also submit a complete reproducible (maximum size 11" x 17 ") site plan. (A complete site
plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $25.00 fee for each variance
application. The fee is payable to the City of Oshkosh and due at the time the application is submitted.
Address of Parcel Affected: $ 2 / $/i e e ) oo D o,e 0 St/ /moo S A !, Gv/ ,s' '9c /
Owner (if not petitioner): Home Phone: 9o 0 -a 3 S - $//
Owner's Address: � c� sv Sf�D��LJ ooO /�/� Work Phone: 9. Sri Y- yak /
c c` fT (v ,3
Signature: �iC /,(Z‘.„ it h .„ ,' ,, ��;'t - Date: S- a971��
Applicant or Agent (if differe from wner): '� Home Phone:
Applicant's Address: Work Phone:
Signature: Date:
In order to be granted a variance, each applicant must be able to prove that an unnecessary hardship would be created if the variance is not
granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what
constitutes a hardship. (Attach additional sheets, if necessary, to provide the information requested. Additional information may be
requested as needed.)
1. Explain your proposed plans and why you are requesting a variance: .27 ,44..4) 7G /,ate /4..Q i '2 Gcc'
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2. Describe how the variance would not have an adverse effect on surrounding properties: i3 V ,gel/Z. 4,,t/C; T 6
C cfi9'9'x. -,1 , 7,4/ 'f 4' /F L✓ /G ,tfir �iL Corr�.oL e,,,,
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures:
4. Describe the hardship that would result if your variance were not granted: l 4, 'ef z F /i Es F.vrG PQP Fs
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(See Reverse Side) C�
� W-
WILLIAM KOLARIK
2524 SHOREWOOD DR KANDI WHITE LORNA MAE DAVIS
2528 SHOREWOOD DR 108 E GRUENWALD
OSHKOSH WI 54901 OSHKOSH WI 54901
ER CHANGE C PING JR VERNON & ANNETTE VOLKE
2525 SHOREWOOD DR 1111 ERIE ST
OSHKOSH WI 54901 -1622 OAK PARK IL 60302 -1904
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