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CO-5259
No
(0( Jri Branch 1.1.1 SUMMONS
County, Wisconsin
-
JOHN M. CLARK, 1825 Minnesota St.
City of Oshkosh, Winnebago County, Wisconsin vs ___ _____ ____ --
(Decena.,,t;
You are hereby summoned to,appear in County Court Branch III located at the Court House, Room
9:00
211, City of Oshkosh, Wisconsin on W .1975 _ at ___ M to answer the. charge
ee) aim.) A
non-conforming use of R-1B Single Family residence district in
of
30:6(a)of the OshkoshMunici_pal Code
violation of Ordinance/iM
Dec. 3, 1974 1825 Minnesota St.
The said violation occuring on at located at
In the City of Oshkosh, Winnebago County, Wisconsin.
Officer(s)__ _________
• . . _
• h ColJn/y Cvq.5:1 oT Wifini:ba90 County, Wisconsin - Branch 3
ORDNANCE COMPLANT CO 5 2 5 9
CITY OF OSHKOSH
The unclersighed, on behalf of tne
being first duly sworn on oath depoes and statP-s.
JOHN M • CT ARK , Born , residing 1825 Minnpsota St., Oshli
• at_
:!;(.1 unlawfully on the - December _day of_ , 19 City _ , at the 0 f Oshkosh ______, Winne.baf-c
Count 6
y _ Ch._ of th- Ordinances of said City
he unlawfully
and. .i
.ntentionally is usih.g property El y located at 1825 Minnesota Street
Str
storing trli..'cks excavating equipmen t - as
nc L_ructian mazt_e_r_Lak
r. said property which is Zoned R Single P
y Residence District and said
Tor Single Fily zoning
to disturb the peace and ciuiet of said_ City
which said Ordinanc. is n 'At •
c in . 1,4-Le and effect,
verily believes and prays that the said subject tn arrested and held to answer hereto.
Complainant's Signature
b--Fore. rn this
Judge
,2-7O - 7
7Aed
TC:
Walter Bush CITY OF OSHKOSH
Associate City Attorney
DEPT.
Edward Reimer
FROM: ' Chief Building Inspector
Date
SUBJECT
1825 Minnesota Street
Since 1971, we have been receiving complaints thaL; ,ionn M.
Sons Construction Company is operating a construction yard on the
property known as 1825 Minnesota Street. The above property is zoned
R-1.8 Single Family Residence District. Various extensions of time
have been given to Mr. Clark to bring his property into compliance
M because of proposed variance$before the Board of Appeals and the purchase
E of property which was properly zoned for that use.
Although Mr. Clark advised me on August 10, 1973 that they were
purchasing property on the corner of Montana St. and. W. 22nd Avenue,
5 1 received a recent complaint about his property on Minnesota Street
A and was advised that the above property is still being used as a
construction yard. Trucks, excavating equipment, and Construction
() materials are presently being stored in the rear yard of the property
E at 1825 Minnesota Street according to my observation on December 3, 1974.
I believe a complaint should be issued against Mr. Clark in
violation of Section 30.6 (a) of the City Zoning Ordinance in that
Mr. Clark is using the property for a use which is not listed in the
=1 use for property zoned R-13 Single Family Residence District.
REQUESTED DATE OF REPLY OR COMPLETION Signed
Date of Reply
R
E
L
Signed
BOARD OF ZONING APPEALS MINUTES
WEDNESDAY, SEPTEMBER 5, 1973
3:30 P.M.
MEMBERS PRESENT: William Stegeman, Dorothy Schwartz, James Bingen,
Harry Luebke, and Chairman, Mel Carpenter
STAFF PRESENT Edward Reimer, Chief Building Inspector
Patrick Vercauteren, Principal Planner
Susan Sedlachek, Secretary
Luebke moved for approval of the minutes of August 8, 1973, seconded
by Stegeman. Motion carried, 4 -0.
Motion by Schwartz for approval of the minutes of August 15, 1973,
seconded by Luebke. Motion carried, 4 -0.
HEARINGS
1. Appeal by JAMES STICKA, owner of the property described as Lot 38,
Morgan Plat, in the 14th Ward. (803 Eckardt Court) for a variance
in the side yard requirements of the Zoning Ordinance in an R -1B
Single - Family Residence District.
The petitioner wishes to construct a new home with attached garage
on a corner lot 75' x 120' in size. The petitioner proposes to provide
a side yard of 4 feet whereas the Zoning Ordinance requires a 7 1/2
foot side yard be provided.
Mr. Vercauteren explained that the violation is a four foot side yard
instead of the 7'6" required side yard. He added that the home next door
is 8'9" from the lot line.
Mr. Sticka appeared before the Board and explained that he had
purchased the lot with a size of 80' x 120'. He stated that he had never
seen the abstract as it went right to the bank. He stated that up until
August 13, 1973 they thought they had enough room - the offer to purchase
paper shows 79.9' on it. Mr. Sticka presented two letters from the
adjoining property owners stating that this variance request was alright
with them, Morgan Company to the rear and Carl Seibold next door.
Mr. Vercauteren stated that there seems to be a legal problem and
that Mr. Sticka should have consulted with an attorney - it seems this
is a misrepresentation on the sale. Mr. Sticka stated that he had
consulted with an attorney and have found that the abstract states about
79.9 feet and since the word about is in there, it can mean anything.
Page 2
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
Mr. Carpenter asked if thy: Douse could be redesigned to fit better
on the lot? Mr. Sticka replied that they could not - by removing 3 1/2
feet from the garage, it would no longer be a double garage, and by
removing it from the other side, it would make the dining area not much
more than a hallway. Mr. Luebke asked if the neighbor on Eckardt had
a driveway on the same side? Mr. Sticka replied that be did, the garages
would be on the same side. Mrs. Schwartz asked if the Morgan Company
property is vacant? Mr. Sticka replied that it is.
No one appeared in opposition to this variance.
Mr. Stegeman stated that, due to the fact that when the property
was purchased Mr. Sticka thought he had enough property (79.9'), he
thinks this is a case of hardship and moved to allow the variance. Motion
seconded by Mrs. Schwartz. Motion carried, 5 -0.
2. Appeal byRRY SCHNEIDER, Agent for KENNETH NEYHARD, owner of
the property described as Lot 62, City's Replat #3, in the Sixth
Ward (642 West 8th Avenue) for a variance in the lot area r
of the Zoning Ordinance in an R -2 Two - Family Residence District.
Mr. Schneider, owner of the property described as Lot 63, City's
Replat #3, (634 West 8th Avenue) wishes to purchase the East 12 feet
of Mr. Neyhard's property in order to construct a garage. However,
this would reduce Mr. Neyhard's lot area to 6,775 square feet whereas
the Zoning Ordinance requires that 7200 square feet of lot area be
provided.
Mr. Vercauteren explained that the area between the two properties
is lawn and Mr. Schneider wishes to purchase a 12 foot strip to move
the driveway over and construct a garage. Without the 12 feet, he has
almost no room to build the garage.
Mr. Schneider stated that when these blocks were plotted out they
were 50 foot lots, but there was an extra 37 feet in the block. He
stated that the lot next door has this extra footage, He added that
it would be impossible for him to build on the other side of the house.
Mr. Vercauteren questioned if the garage would be next to the tree that
is there? Mr. Schneider replied that it would be. Mr. Carpenter stated
that the only problem is the shortage of square feet.
No one appeared in objection to this appeal.
Motion by Bingen to approve the appeal, seconded by Luebke. Motion
carried, 5 -0.
3. Appeal by CLIFFORD OSWALD, owner of the property described as the West
112 feet of the East 433 feet of the North 451.2 feet of the South
982.7 feet of the East 1/2 of the SE 1/4 of Section 35, Township 18
North, Range 16 East, 14th Ward, (227 West 29th Avenue) for a variance
in the side yard requirements of the Zoning Ordinance in an M -2 Indus-
trial District.
The petitioner wishes to construct a 30' x 40' addition to an existing
structure and proposes to provide a 16 foot side yard whereas the
Zoning Ordinance requires a 20 foot side yard be provided.
Page 3
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
Mr. Vercauteren explained that the original building is setback
16 feet and the ordinance calls for a 20 foot setback. He added that
Mr. Oswald had been granted a variance on this property in 1971.
Mrs. Schwartz asked if there is much yard in the back? Mr. Oswald
replied that there is. Mr. Bingen asked what the use for the addition
would be? Mr. Oswald stated that it would be a repair shop. Mr. Bingen
questioned if the 30' x 40' area would be repair shop rather than storage?
Mr. Oswald replied that that was correct. Mrs. Schwartz asked Mr. Reimer
if the existing building is already non - conforming? Mr. Reimer replied
that it is. Mr. Reimer asked Mr. Oswald if there is any reason why the
building can't go the other way? Mr. Oswald replied that it would make
the building look bad. Mr. Bingen asked if this building was built in
violation? Mr. Reimer stated that the property was split up when sold
by Economy Foods and was non - conforming. Mr. Vercauteren stated that
the lot width is 112 feet. Mr. Carpenter asked what type of building this
would be? Mr. Oswald replied that it would be cement block. Mr. Carpenter
also asked how close to a residential area this would be? Mr. Reimer
replied that it is not anywhere near a residential area.
Mr. Bingen asked Mr. Reimer if he had any suggestions as to how
the structure could be changed? Mr. Reimer replied that it could be
designed differently. Mr. Oswald stated that he does not have a big
enough side yard and would not have enough room for a driveway. Mr.
Bingen questioned how big the building is now? Mr. Vercauteren replied
that it is 44 feet wide and 50 feet long. Mr. Oswald stated that he
doesn't intend to add on any more. Mr. Bingen stated that if he built
along side he would come up with 22' x 50' or 1100 square feet for back
yard. Mr. Vercauteren asked if Mr. Oswald couldn't continue storage in
back and build an addition on the side? Mr. Oswald replied that he has
plans to extend the fence over to the property line with Oshkosh Motor
Truck. Mr. Bingen stated that he would still have a lot of room in the
back and if built along the side, he wouldn't have to come back for
another variance. Mr. Bingen also stated that Mr. Oswald then could
someday remodel to a showroom. Mr. Bingen stated that he thinks there are
many solutions that could be utilized without having a variance. Mr.
Carpenter asked if his plans were state approved already? Mr. Oswald
replied that they are.
Mr. Bingen moved to deny the appeal on the basis that there is no
hardship involved or practical difficulty and there are many solutions
to get him out of the bind he may be in. Motion seconded by Luebke.
Motion carried, 5-0.
4. Appeal by FIRST WISCONSIINj NATIONAL BANK OF OSHKOSH, owner of the
property described as Lot 12, Block 74, Original Plat of the Third
Ward, in the Ninth Ward (303 West 16th Avenue) for a variance in the
lot area requirements of the Zoning Ordinance in an R -2 Two Family
Residence District.
The petitioner wishes to convert a single - family residence to a two
family residence having a lot area of 5,475 square feet. The
Zoning Ordinance requires that 6,000 square feet of lot area be
provided.
Page 4
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
Mr. Vercauteren explained that this property is located at the
corner of 16th Street and Minnesota Street. lie added that there is a
two stall garage on the property and also a front and side entrance and
is in the center of a large R -2 Two Family Residence District. Mr.
Vercauteren added that the land use map shows that almost all of the
homes on that side of the street are two family residences with the
same amount of square footage.
Mr. Andrew Thompson, 404 North Main Street, appeared before the
Board representing the First Wisconsin National Bank, along with Mr.
Donald Riegert of the Bank. Mr. Thompson stated that when the Zoning
Ordinance was enacted in 1965, this property was a two family home. The
purchaser's family grew and the second family use was discontinued .
The problem is that the appraiser took into consideration and the
mortgage loan was given based on the higher value as a two family home,
and the use was discontinued afterward. Now, for various reasons, the
bank owns this home and wishes to sell it and the most advantageous use
would be as a two family home. The problem is the lot size is not
conforming - the lot size is 109' x 50' -- 525 square feet short of the
required lot size. The variance request is on the lot size, not on the
discontinuance of the structure use. Mr. Luebke questioned if they are
contemplating changes of any kind. Mr. Thompson stated that they were not.
Mr. Bingen questioned if this always was two - family? Mr. Riegert stated
that this was appraised and sold as a two family home, but they are in
doubt as to how long it was used as a two family home.
Mr. William Manske, 300 Division Street, appeared before the Board
representing Kim Stoffel who is the neighbor immediately to the west of
this property. Mr. Manske stated that these two properties share a
common driveway and somewhere along the line the past owner's - the
Ristow's - rented out the upstairs of the building. He stated that
there was no real conflict except the sharing of the driveway. Mr. Manske
stated that he doesn't think he can agree that this was a duplex in 1970,
as far as Mr. Stoffel can recollect. He stated that this is the only
driveway that Mr. Stoffel has and he has to pull over to the rear. Mr.
Manske stated that at the time the Zoning Ordinance was passed, it could
have been non- conforming use but has lost its' duplex character and the
the Zoning Ordinance snaps into force. Mr. Manske stated that a joint
driveway takes the best of friends for it to work at all and it is going
to be a difficult situation with all of them trying to use that driveway -
this is too intensive use of the land.
Mr. Carpenter asked how many bedrooms there are in the building?
Mr. Thompson replied that there is one upstairs and two downstairs. Mr.
Bingen asked if there is any easement for use of the driveway? Mr. Manske
replied that there is not, after twenty years Mr. Stoffel would have legal
rights to use of the land. Mr. Vercauteren stated that it appears 4s
through 3/4 of the driveway belongs to the duplex. Mr. Stoffel stated
that one tree would have to be removed if more driveway would have to be
put in. Mr. Vercauteren asked Mr. Stoffel how long he has owned this
home? Mr. Stoffel replied that he and his wife have lived there 3 1/2
years and prior to that his mother - in - law lived there. He added that
when the house was sold to them, his mother -in -law went over to the
Ristow's and reconfirmed the joint use of the driveway at that time. He
stated that he feels this driveway belongs to both properties and they
will have problems with tenants. Mr. Ristow, just before moving, had two
cars and it was a problem. Mrs. Schwartz asked if there was any possibi-
' Page 5
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
lity of getting the driveway situation legalized? Mr. Manske replied
that after 20 years, it runs with the land. He stated that the drive
could be swung around and the garage moved to come in from the other
street. Mr. Reimer stated that this could be done according to
the Ordinance. Mr. Bingen stated that his only feeling is that Mr.
Stoffel is taking a 50 foot lot and making it a 59 foot lot, The
purpose of the Board is to judge whether there is a hardship or
practical difficulty. Mr. Luebke questioned if there would be any
objection if it weren't for the driveway? Mr. Stoffel replied that he
didn't think so, his only objection is to the driveway. Mr. Bingen
stated that Mr. Stoffel has developed rights over the years, but so have
the people next door.
Mr. Thompson appeared again before the Board and stated that the
issue is ]being confused — this is a conforming use as it is in the R -2
zone, the only thing we are talking about is the lot size. If the lot
size were larger, there would be sufficient space and they would still
have the driveway problem. He added that they would not commit any
future purchaser that he would have to use a driveway off of Minnesota
Street. Mrs. Schwartz asked how long the bank anticipates renting this
property? Mr. Thompson replied that they did not want to advertise it
until they know it is all right for a two family use - it would sell
somewhere in the neighborhood of six to seven thousand dollars less as
a single family home.
Mr. Manske appeared once again and stated that he disagrees
wholeheartedly - this is a non - conforming use. Mr. Bingen stated that
he feels there is a certain amount of unfairness here and he wondered
if the bank would be willing to put in a driveway from Minnesota Street
if this were two family, and one could use one driveway, and the other
family the other driveway. Mr. Reimer stated that this would be a
violation of the parking setback requirements.
Mr. Bingen moved to allow the appeal, seconded by Schwartz. Motion
carried, 4 -1, with Luebke casting the only no vote.
5. Appeal by MRS. JOHN CLARK, agent for HARRY AND SIMON GORWITZ owners
of the property described as Lot 102, South Side Auto Plat, in the
14th Ward for a variance in the lot area, front yard, and side yard
requirements of the Zoning Ordinance in an M -2 Industrial District.
The petitioner wishes to purchase a lot 45' x 135' in size (6075 square
feet) whereas the Zoning Ordinance requires that the minimum lots
provided in the district shall have an area of one (1) acre and a
width of at least one hundred and fifty (150) feet. The petitioner
wishes further, to construct a 35' x 60' building on the property
and proposes to provide a five (5) foot setback from West 22nd Avenue
and a five (5) foot side yard, The Zoning Ordinance requires, that a
30 foot setback from West 22nd Avenue and a 20 foot side yard be
provided.
Page 6
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
Mr. Vercauteren explained that West 22nd Avenue is on the Official
Map and the uses surrounding the area are a radiator shop, a single
family house, a vacant lot, an antique shop, a vacant building - Economy
House Plumbing, and Pepsi Cola Bottling. Both vacant lots are owned by
the Gorwitz Brothers.
Mr. and Mrs. John Clark appeared before the Board and explained that
they had gotten a notice from the City to move their equipment from its'
present location at their residence on Minnesota Street. Mrs. Clark
stated that she has been looking for a piece of property that they could
afford since earlier in the year and that they had found this property
and would hope to build a building to keep their equipment out of the
weather, in the meantime putting a fence around the lot to keep vandals
out. Mr. Clark pointed out that he is not that big of a contractor to
buy industrial property. Mrs. Clark stated that she had been looking since
May through the Realtors - everything is $35,000 - $40,000. She added
that they have everything in their business - in loans and building and
they do not feel they have reached a point where they can buy more. Mr.
Clark stated that the Gorwitz's want to hang onto the other lot for
storage purposes because this adjoins their property. She added that they
only have until September 9, 1973 to get their equipment off of the
present location.
Mrs. Schwartz asked if they bought the property, could they store
the equipment there? Mr. Reimer replied that they could not, with two
lots they could use it, but there is not much that can be done with just
the one lot. Mrs. Clark pointed out that the buildings in the area are
all non-conforming. Mr. Vercauteren stated that that is correct. She
stated that if they cannot build here, it would mean non- existence of
their business. Mr. Reimer stated that be doesn't believe the Gorwitz's
could split the lot to sell it - it is less than an acre. Mr.
Vercauteren stated that he had contacted Jerry Gehrt of the Oshkosh
Industrial Development Office and he had located a building for rent.
Mrs. Clark stated that the rent was too much for them without gaining
equity. Mr. Bingen stated that if the lots are not to be split there
is nothing that can be done. Mr. Reimer pointed out that this
property is zoned M -2, they are allowed open storage surrounded by a
dust - proof, non- combustible fence. Mr. Stegeman questioned why it is
not possible for them to build a building on this property? Mr. Reimer
replied that the Board can grant the variances. Mr. Vercauteren stated
that when the Gprwitz's want to sell the other lot, they cannot and the
Board will have them here again. Mr. Bingen stated that he feels this is
a zoning problem.
Mr. Bingen moved to lay the appeal over until after there has been
time to go before the Plan Commission with a request for rezoning. Motion
seconded by Stegeman. Motion carried, 5 -0.
6. Appeal by LEO J. KRUEGER, agent for LESTER BORISCH, owner of the
property described as Lot 13, Block 2, Investment Company's Second
Addition (411 South Knapp Street) for a variance to the accessory
building area requirement and side yard requirement of the Zoning
Ordinance in an R -2 Two Family Residence District.
Page 7
Board of Zoning Appeals Minutes
Wednesday, September 5, 1973
The petitioner wishes to construct a 4'6" x 26' addition to an
existing structure. The existing structure is 20' x 48' in size
and has an area of 117 square feet. The Zoning Ordinance requires
that an accessory building not exceed 800 square feet in area.
The petitioner also proposes a side yard of 1 1/2 feet whereas the
Zoning Ordinance requires a 2 1/2 foot side yard be provided.
Mr. Lester Borisch appeared before the Board and explained that
he can't get his car into the garage. He added that he could put on
just 2 feet, but he feels putting on 4 1/2 feet would allow him to get
his snow blower in easier. He stated that he would be putting on the
extension and bring both doors forward. Mr. Bingen asked if this was
the old print shop? Mr. Borisch replied that it is.
No one appeared objecting to this appeal.
Mr. Luebke asked if the building existed before the ordinance was
adopted? Mr. Borisch replied that it was used as the print shop many
years ago and is now just used for his own storage.
Mr. Bingen moved to allow the variance, seconded by Schwartz. Motion
carried, 4 -0.
Meeting adjourned.
Respectfully submitted,
PATRICK J. VERCAUTEREN
Acting Director
Department of Community Development
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August 15, 1973
John M. Clark E Sons Construction Company
1825 Minnesota Street
Oshkosh, Wisconsin 54901
Dear Mr. Clark:
This letter is confirming our telephone conversation of
August 9, 1973.
We will grant a 30-day extension, until September 9, 1973, of
our July 5, 1973 orders concerning the illegal business use of the
property at 1825 Minnesota Street. This will give you time to
complete the purchase of the property on Montana Street.
Please advise us of any further developments.
Very truly yours,
MICHAEL J. HOOCK
Assistant Building Inspector
MJH /db
JOHN M. CLARK & SON CONSTRUCTION
MASON & CEMENT CONTRACTOR
BRICK — BLOCK — STONE — STEPS & PORCHES
DRIVEWAYS — SIDEWALKS — FLOORS — CHIMNEYS
BASEMENTS WATERPROOFED
1825 MINNESOTA STREET — OSHKOSH, WISCONSIN 54901 — PHONE 235-1729
Date August 10, 1973
TO City of Oshkosh- -Attnt Mr. Michael J. Hoock Asst. Building Inspector
City Hall
Oshkosh, Wisconsin 54901
Siren
As per our telephone conversation of 8/9/73, this is the letter
you requested us to send in regards to asking for a 60 day extension
in regards to the matter of .moving our equipment from the premises at
1825 Minnesota Street. This extension due to the fact that the lawyers
are in the process of changing over the deed and abstract to the property
we are purchasing. We do not really know just how long it will take for
the abstract company to do this and therefore it a necessity at this
time. 72 ed
Thank you for your attention to this er.
John M. Clark Construction.
.z.2–:
—
GOIJNCU- MANAGE = A[)MIN,:,,t+AnOn:
\a)
July 5, 1973
John M. Clark & Sons Construction Co.
1825 Minnesota Street
Oshkosh, Wisconsin 54901
Dear Sir:
On May 10, 1973, this department sent a letter
to you concerning your residence at 1725 Minnesota
Street.
The compliance date on this order was May 2 3, 1973.
That date has passed without compliance to this order.
If you have not complied with this order by
August 9, 1973, this matter will be turned over to the
City Attorney for appropriate legal action.
Very truly yours,
MICHAEL J. HOOCK
Asst. Building Inspector
MJH:db
cc: Walter Bush
Associate City Attorney
..A;i • .'1' Cr IlItiCli AVF DIAL 1 414 -231 -4410 / P.O. BOX 1130 OSHKOSH, WISCONSIN 54901
May 10, 1973
;old M. Clark & Sons Construction Co.
1825 Minnesota Street
Oshkosh, Wisconsin 54901
Dear Sir:
On May 8th I inspected the property at 1825 Minnesota
Street to oheok a oomplaint that this property was being
used to operate a oonotruotion oompany. At the time of
inspection, I found the following construction equipment
on the premises:
A.) Three Truoks
1. One Dump Truck
2. One Van
3. One Piok -up Truck
B.) Traotor and Baokhoe
C.) Miscellaneous forming lumber
D.) Miscellaneous construction equipment
This violation of the City Zoning Ordinance,
Section 30 -6 (a) should be corrected by removing the
above mentioned items on or before May 23, 1973.
Very truly yours,
MICHAEL J. HOOCK
Asst. Building Inspector
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DATE 5 -g - -73 TIME /D �� C
CALLER
ADDRESS /�'2
WILL CALL AGAIN
PLEASE CALL AT
WOULD LIKE INSPECTION:
MESSAGE: A.t . j onize � et
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RECEIVED
MAY 7 1973 .
DEPARTMENT OF
COMMUNITY DEVELOPMENT
TO: Ed Reimer CITY OF OSHKOSH
DEPT.
FROM: November 21, 1972
City Manager Date
SUBJECT
Home Business
This is a complaint that I may have overlooked. It came from Mrs.
Sitter pertaining to the property at 1825 Minnesota Street. It
concerns a possible home business by a Mason contractor that
supposedly has five men and six trucks working all hours of the
M day and night and may be in violation of home occupation. Please
check.
5
S
A
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REQUESTED DATE OF REPLY OR COMPLETION SI
Date of Reply
R
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