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Home My WebLink AboutLetter (BZA/variance) - 11/13/2003 c: r , c Se - .0 City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 V^ ! Oshkosh, WI 54903 -1130 O�I�U }-1 (920) 236 -5059 (920) 236 -5053 FAX ON THE WATER Jackson R. Kinney Director November 13, 2003 Clifford A. Osen 417 E. Lincoln Avenue Oshkosh, Wisconsin 54901 4524 Re: 832 Powers Street Dear Mr. Osen: On November 12, 2003 the Board of Appeals approved a variance to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback. The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on November 13, 2003. Per Section 30- 6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your variance will expire on May 13, 2004 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. Please be advised that any person or persons aggrieved by any decision of the Board of Appeals may commence action in Circuit Court within thirty (30) days after the filing of the decision. Permits may be issued on approval of the Board, but you should be aware that further action could take place until as much as 30 days after the date of the decision. Building permits may be applied for 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. Please bring all required building plans and information necessary for review when obtaining your building permit. If you have any questions, feel free to call me at (920) 236 -5062. Sincerely, Matt Tucker Associate Planner MT /mld cc: Inspection Services Division, City Hall Thomas Witte of City of Oshkosh �. Dept. of Community Development City Hall 25 215 Church Ave., PO Box 1130 jtY Oshkosh, WI 54903 (920) 236-5059 BOARD OF APPEALS AGENDA NOVEMBER 12, 2003 3:30 PM To Whom It May Concern: PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY NOVEMBER 12, 2003 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda. ROLL CALL APPROVAL OF OCTOBER 22, 2003 MNUTES I: 1000 -1240 CUMBERLAND TRAIL A E C Architects Engineers Construction Managers, applicant, and the Housing Authority, owner, are requesting a reduction in the number of required parking spaces for the multi - family development from 156 spaces to 130 spaces, whereas Section 30- 36(B)(6) of the City of Oshkosh Zoning ordinance requires 156 parking spaces for the multi - family development. II: 1834 ALGOMA BOULEVARD Herman G. Schatz, applicant and owner, is requesting a variance to construct a ground sign that will have a 15' front yard setback, whereas Section 30- 35(B)(1)(c) of the City of Oshkosh Zoning Ordinance requires ground signs provide a 25' front yard setback. III: 832 POWERS STREET Clifford A. Osen, applicant, and Thomas Witte, owner, are requesting a variance to permit a detached garage to be located in a side yard area with a 2.5 foot side yard setback, whereas Section 30- 19(B)(4)(c)(iv) of the City of Oshkosh Zoning Ordinance requires a 7.5 foot side yard setback for detached garages located in a side yard area. OTHER BUSINESS Discussion on procedures and regulations for the Board of Appeals. ADJOURNMENT IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE PLANNING SERVICES DIVISION AT (920) 236 -5059, BETWEEN 8 AM — 4:30 PM, MONDAY THRU FRIDAY STAFF REPORT BOARD OF APPEALS NOVEMBER 12, 2003 ITEM III: 832 POWERS STREET GENERAL DESCRIPTION AND BACKGROUND Clifford A. Osen, applicant, and Thomas Witte, owner, are requesting a variance to permit a detached garage to be located in a side yard setback area with a 2.5 foot side yard setback, whereas Section 30- 19(B)(4)(c)(iv) of the City of Oshkosh Zoning Ordinance requires a 7.5 foot side yard setback for detached garages located in a side yard area. The general area is characterized by residential land use and is zoned R -2, Two Family Residence District. The subject property is a single family home. ANALYSIS AND RECOMMENDATION In reviewing a variance request, the following questions should be addressed: Are there any unnecessary hardships present, where in the absence of a variance, no reasonable use can be made of the property? Are there any unusual or unique physical limitations of the property which creates a hardship? Will granting of a variance result in harm to the public interest? The applicant is requesting a variance in conjunction with a small home addition and deck project, to allow for the existing detached garage to remain in its current location, which is 2'6" feet from the side lot line. The Zoning Ordinance regulates detached garages (and their required setbacks) relative to the garage's location in context to the home. The applicant is proposing to construct the addition into the rear yard area, the only available area for expansion, which will result in the garage being located along side the principal structure, in a portion of the side yard area. When a garage is located in a side yard area, a 7'6" side yard setback must be maintained to the side lot line. Rather than pick the garage up and construct a new slab to move the garage behind the addition, the applicant is requesting the garage remain in the current location, with a substandard side yard setback. The subject property is 50+ years old, with the current owner purchasing the property in May of 1989. The property has a detached garage that is in good condition, currently located in the rear yard area, 6'8" behind the home. A physical limitation is established by the location of the garage, which restricts expansion of the home to the east since the side yard setback of the garage cannot be made nonconforming as a result of the construction of the house addition. The location of the detached garage, 60 feet from the front lot line, is the minimum required setback for a detached garage to be built in a typical rear yard area of a property. With the exception of a small portion of the principal structure and deck, which is proposed to be alongside the detached garage, there is no other exterior indication that the garage is any different than any other property where a detached garage is located in a rear yard area. Considering these facts, staff recommends approval of the variance. •cw1 all W. impartment or Community Development 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903 -1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please write legibly with black ink and also submit a complete reproducible site plan (maximum size 11" x 17"). (A - complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) There is a $ 125.00 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: , Z. Petitioner: 46./ ptFe 16"O A , p-c Home Phone: `1'Z-4 2 111 Petitioner's Address: - /I1 E, ) ed Work Phone '/Z'/ ZD/p Signature Required: _ • _ - Date: /O lZZl03 Owner (if not petitioner Home Phone: ' .3s -- 1 ( 13,7 Owner's Address: 8 3Z NO Work Phone: 4 / 7 -y-31 z° Signature Required: LiA4 _Li A. Adiarglik i 3 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: 0(.4i JEIZ. f'R lea S s Tc • 6.) , DPt7rA. • N�i 112- _ � Cv�� YEN • - -- - CO &Lc - ra . : �► ( -r k 41 We 0 C L..0 f�� TEA J17 t �- • �� ; - • 1 "t x.) t • „tZ . te4•t ( 5 . vw a+t: Piro4es ,t ro•nsi� wk� Tee-‘ 4 - ( - fc4 i 1 I-loose At' • ' 1 1 g PL7 66_ - C,tC G, 0 R 12v �-( °, - g /�G(C lezer2OI RE P i S Z i i _rat_ �: r - • 1'0 APO ict Pece TO 14 r-e4 API) t r/UAJ - 1 3.5 DEEP 2. Describe how the variance would not have an adverse effect on surrounding properties; 'tt'l i 1 J - FingAt' io c ra G -�kLA- rs Loc-A4iP 1 1.3 -roe- A# a- 6-7E /U4 -[rte ,4tfA4 -- 1f4 Ace_ 619 - F.Y S1D � - '(ut�s u t &gor?_ (ezq focnft.$) t7o GS NOY 1 ,01,1,1-1 _ r : , (S/ , 1 rowel -s moot- _ lu rb. • L ; As i &060G.p VE_STtoy Tar, copes - mkt -e. s -rN 4/4,44-19 ley rvAe- .efoc ip , Po e-rWat° kJ-Elm-iv/Ls Gvdriiy AcieLr p oe -/VFYY a4.4- 49 €raywrz. FAoorc of / °/V 6 AIZA61e._ Wki /7 e_y -,S /flow, (Continued on Reverse Side) • 3. Describe the special conditions that apply to your lot or structure that do not apply to surroundin structures: „d p-,.5 r � , : • g lots E. Z CIIv , - r I • -r AY?* s L tir r r) ✓ d . 4. Describe the hardship that would result if your variance were not granted: 1 _AI 1 s 2 1 I 4 o6tc - 6 f-IA -S 0 64•00/- I V P ke_7 rAti v c, ✓ , G. 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P:,..1,3 .1 ;:"t s'.4 DISCLAIMER Close Up View This map is neither a legally recorded map nor Street N a survey and it is not intended to be used as one. 832 Powers S O This drawing is a compilation of records, data 832 a7 L eel and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is to be used for reference Development I purposes only. The City of Oshkosh is not re- Community O HKO�H ✓( sponsible for any inaccuracies herein contained. 7 lJ r If discrepencies are found, please contact the ON THE WATER City of Oshkosh. 10/22/03 7 0 7 14 21 28 Feet mi —� Created by - MLD IIIIMA W m C — will -_ 1 I 1 EjtyV all K AVE. 1 11 i - Subject Site F: -e D `' Tit 11 1 1 ^ 053ER AG PL. Ina it Q - z O - - vtL - N AVE. m I I r III - RO 'Ella • IMP of II 1 7, MI i:I iii L _ N .E. - 1 1 I1 `ill MN i I-- 1 FUL I (JI�I A� JE. Cn co ; FU AVE. T _ AGE' -0N- F L. • • ' • - it - 1 1 E. - 1 IRJ ►, AN/E. 1 - d _ — u) DALE AVE. - t- F- F-- CO 1 C LEVELAND 1 r O hi Mi. AVE. i z I{ a . F LI - -- - - b — ET OAR 1^ ; -/E. :1 r_ 1 r L I 1 1 P mo i1 Am - 1 I I 1_� DISCLAIMER Birds Eye View A This map is neither a legally recorded map nor L a survey and it is not intended to be used as one 832 Powers Street This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting City of Oshkosh Wisconsin the area shown and it is used for reference Community Development O.IHKO.f H purposes T es only. The City y of fnr Oshkosh is not re- sponsible for any inaccuracies herein contained. ON THE WATER If discrepencies are found, please contact the 200 0 200 Feet City of Oshkosh. ® Created by - MLD 10/22/03 ! I A l.. 1 H II I 111 . 1 . ...M. TAG p EBE AV S ub ject Site ma - AV , : :: — _.___,._ H.--. RO I ,. cn R_1 Non mu w r---- - , .. . s 4. - Z II 1 VE. _ : INCOLNAV 1 • II FULTONIAVE. 1111§1 7 IMiy' STON F L. .____ E. IRVIN VE. H • (I) ifY CO - i t i DISCLAIMER Existing Zoning N This map is neither a legally recorded map nor p a survey and it is not intended to be used as one. 8 32 Powers Street This drawing is a compilation of records, data and information located in various city, county City of Oshkosh Wisconsin and state offices and other sources affecting the area shown and it is to be used for reference Community Development O.IHKOJH purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 200 ON THE WATER If discrepencies are found, please contact the 200 0 200 Feet City of Oshkosh. - Created by - MLD 10/22/03 z II & 0 O I I Y � O ro -.z 11 p. W ' .9g -A .0-.8 .9-.1 1 z N. 0_ -' .01 -.i1 1-1.i W I -- z Q L < q 0 i (/) V) ° f- Q o cp .0-.9 .0, -.9 o 0 Q \ \ W �� O 1 Miii► o ICI k. 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