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HomeMy WebLinkAboutBZA (minutes) - 10/18/1989 BOARD OF ZONING APPEALS PAGE TWO OCTOBER 18, 1989 II. 315 LAMPERT STREET - Clarence E. Koch, owner; Mathwig - Kellenberger Builders, applicant The applicant is requesting a variance to construct an addition which would have a 3' side yard setback; whereas Section 30- 16(B)(1)(b) of the City of Oshkosh Zoning Ordinance requires a minimum 7.5' side yard setback. Ms. Moore pointed out that the proposed addition will have a chimney which will project an additional 2 ft. more into the side yard which is permitted by the Ordinance. In answering questions from the Board, Mr. Koch explained the following: He owns this property and the adjacent property to the south and he moved a lot line to make this lot larger. There will be 28' between the two structures if the proposed addition is built. If the addition were turned the other way (14'x 12' instead of 12'x 14'), it would block off a window in the kitchen. He bought the second lot and improved that property to maintain the value and appearance of his first lot. Mr. Mathwig stated this is the only location for the proposed addition because of the location of the existing driveway and because of the irregular shape of the lot. There is also a stairway in the back of the house that leads down into the basement that would need to be eliminated in order to add on that side of the house. Mr. Steve Reimer, 1362 Winnebago, stated he opposed the original lot division because the duplex that was constructed blocked the view of the lake from his property. Mr. Koch told him at that time that he only wanted to make his structure conforming and did not intend to add on to his house. The proposed addition will omit the openness in this area. Mr. Koch stated this addition will not hinder the view of the neighbors. Motion by Nitkowski to approve a variance to construct an addition which would have a 3' side yard setback. Seconded by McDonald. Motion carried 4 -1 (McGee). Regarding the findings of fact, Mr. Nitkowski stated the applicant did not construct the house. As a property owner he is entitled to put an addition on to his house and it would be a hardship to deny him that addition. There will be no negative impact on the neighborhood. Ms. Hintz stated there will be 28' between this house and the adjacent house. III. 2330 SHERIDAN STREET - James A. Justman, applicant /owner The applicant is requesting a variance to construct 30 feet of 10 foot fence along a side lot line behind the house and to construct a storage shed in the side yard 1" from the house having a 1' side yard setback; whereas Section 30- 29(E)(3) of the City of Oshkosh Zoning BOARD OF ZONING APPEALS PAGE THREE OCTOBER 19, 1989 Ordinance states that fences 6' high or less may be erected on those parts of the lot that are as far back or further back from a street than the principal structure and Section 30- 15(B)(2)(c)(iv) states that such structures shall have a 7.5' side yard setback and Section 30- 15(B)(2)((C)(vi) states that there shall be a minimum of 5' between the principal structure and such accessory structures. Ms. Moore stated the staff report should be amended as follows: "... to construct a storage shed in the side yard 2 1/2" from the house having an 8 1/2" side yard setback ". In answering questions from the Board, Mr. Justman explained the following: He purchased this house a year ago in May. The back patio was constructed and it was surrounded by a 6 fence which provided privacy. The neighbor constructed a high deck which has a sight line into their property causing a lack of privacy. The proposed fence would not be seen by the adjacent neighbors because of mature trees. Motion by McDonald to construct 30 feet of 10 foot fence along a side lot line behind the house. Seconded by Hintz. Motion denied 0 -5. Regarding the findings of fact relative to the fence, Mr. McDonald stated there was not a sufficient hardship to warrant a 10' fence. Mr. Slover stated the 6' fence already reduced the appearance of the view in that side yard. In regard to the request for a variance for the existing shed, Mr. Justman pleaded ignorance and stated he allowed someone to advise him that this shed was allowed to be built without obtaining a permit. His neighbors did not object when he built it. Trees along the side lot line obstruct the view of it by neighbors. The grass did not grow well in that area and he has kids playing in the yard. Motion by Slover to approve a variance for a shed 2 1/2" from the house and 8 1/2" from the side lot line. Seconded by McDonald. Motion carried 5 -0. Regarding the findings of fact relative to the shed, Mr. Slover stated Mr. Justman was acting in good faith that the accessory structure was allowed by the Ordinance. Mr. McDonald stated he might have had a safety hazard with small children playing in that location and grass would not grow in that area. IV. 3348 FOND DU LAC ROAD - John Kuenzl, owner; Bob Radtke, applicant The applicant is requesting a variance to construct a 6' berm with a maximum height of 6' within the required 25' front yard setback; whereas Section 30- 29(E)(1) of the City of Oshkosh Zoning Ordinance states that fences and hedges less than 4' high may be constructed within the required front yard setback. Mr. Loyal Berg came forward and stated he was employed by Mr. Kuenzl.