HomeMy WebLinkAboutLetter (BZA/variance) - 03/05/2001 City of Oshkosh
Dept. of Community Development
215 Church Ave.. PO Box 1130
Oshkosh, WI 54903 -1130 Jackson R. I se
OlHKOlH (920) 236 -5059 (920) 236 -5053 FAX Director
ON THE WATER
March 5, 2001
Mr. Matt Simonson
MJ Simonson Builders
2739 Oak Dale Court
Oshkosh, Wisconsin 54904
RE: 1942 Montana Street
Dear Mr. Simonson:
On February 28, 2001 the Board of Appeals approved the following variances to the City of Oshkosh Building
Code:
(1) The creation of living space within an existing basement space which upon completion will have a ceiling
height of 6' 5" with the following conditions: (a) Installation of an interconnected, hardwired smoke detector
system with battery back -up. Detectors to be provided in both portions of the finished basement space (one on
each side of the dropped beam) and also installed on each floor level above in locations required by the current
code. (b) The ceiling height shall not be reduced any lower than the existing ceiling height except the area under
the beam may be reduced as requested.
(2) To allow beams /ductwork projecting greater than 8 in. below a 7 ft. ceiling with the condition that an
interconnected, hardwired smoke detector system with battery back -up be installed on each floor, including the
basement areas.
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 -5059.
Su rely,
. (r/ l
1
JO C. BLUEMKE
P ' cipal Planner
JCB /vIr
cc: Larry avis, 1942 Montana St.
pection Services Division, City Hall
BOARD OF APPEALS MINUTES
FEBRUARY 28, 2001
PRESENT: Fred Dahl, Cheryl Hentz, Randy Husman, Joel Kluessendorf, Don Krueger
STAFF: John Bluemke, Principal Planner; Nicole Krahn, Building Systems Specialist, Inspection
Services Division; Darlene Matulle, Recording Secretary
The meeting was called to order by Chairman Don Krueger. Roll call was taken and a quorum declared
present.
The minutes of February 14, 2001 were approved as distributed.
I. 1942 MONTANA STREET
Matt Simonson, applicant, Larry Davis, owner, is requesting variances to the City's Building Code to (a)
allow for the creation of living space within an existing basement space which upon completion will
have a ceiling height of 6' 5 ", whereas a minimum 7 ft. ceiling height for at least 50% of the rooms floor
area is required, and (b) allow beams /ductwork projecting greater than 8 in. below a 7 ft. ceiling.
Mr. Matt Simonson, contractor, indicated from the floor to the beam is approx. 6' 10 '' /2" and the code
requires 7'. This doesn't even include drywalling and putting in a drop ceiling.
Ms. Krahn noted that Allyn Dannhoff, Director of Inspection Services, has talked to Mr. Simonson
about the situation and would recommend approval of the request with the conditions that the entire
basement be installed with an interconnected, hardwired smoke detector system with battery backup, as
well as all upper floor levels, and that the ceiling height not be reduced any lower than the existing
ceiling height except the area under the beam may be reduced as being proposed.
Mr. Simonson noted the owner does not have a problem with the smoke detectors, but would not be able
to install a drop ceiling with the second condition noted. It would be possible to frame around the
ductwork and beam, but it could not be drywalled.
Mr. Krueger inquired what the width is of the beam and ductwork?
Mr. Simonson replied about 36 -38 inches. He reiterated that the owner would like to install a drop
ceiling.
Discussion ensued on alternatives for the ceiling. Mr. Simonson noted he could probably get away
using 3 in. versus 5 in., but not less than that due to mechanicals (i.e. water pipes, electrical, etc.).
Mr. Krueger noted that a 7 ft. high basement limits what can be done to finish it off.
Bd. of Appeals Minutes - 2 - February 28, 2001
Motion by Hentz to allow for the creation of living space within an existing basement
space which upon completion will have a ceiling height of 6' 5" with the following
conditions: (a) Installation of an interconnected, hardwired smoke detector system with
battery back -up. Detectors to be provided in both portions of the finished basement space
(one on each side of the dropped beam) and also installed on each floor level above in
locations required by the current code. (b) The ceiling height shall not be reduced any lower
than the existing ceiling height except the area under the beam may be reduced as requested.
Seconded by Kluessendorf. Motion carried 5 -0.
Regarding the findings of fact, Mr. Krueger noted the ceiling height is not being changed and the
basement can be finished off, but without an enclosed ceiling. The Board has considered safety issues
by recommending the installation of hard wired smoke detectors on all floors, including the basement.
Motion by Husman to allow beams /ductwork projecting greater than 8 in. below a
7ft. ceiling with the condition that an interconnected, hardwired smoke detector system
with battery back -up be installed on each floor, including the basement areas. Seconded
by Hentz. Motion carried 4 -1 (AYE: Dahl, Hentz, Husman, Kluessendorf. NAY. Krueger)
Regarding the findings of fact, Ms. Hentz noted that safety issues have been considered and will be
addressed.
II. 2015 DICKINSON AVENUE
Jones Sign Company Inc., petitioner, William LeMieux, owner, requests a variance to erect a 30' high
ground sign with a 23'2" front yard setback; whereas Section 30- 28(B)(1)(b) of the City of Oshkosh
Zoning Ordinance requires a 25' front yard setback.
Mr. William LeMieux, 2015 Dickinson Ave., and Mr. Nick Lison, Jones Sign Company, appeared to
answer questions.
Mr. Lison stated the objective is to get the sign as close as possible to the access road for visibility. The
building is setback 25 ft. from the sidewalk. Mr. Lison distributed a drawing showing the proposed sign
and its location next to the building (said drawing not made part of these minutes).
Mr. LeMieux stated the sign will be on a 30 -40 inch beam/pole and will be as close as possible to the
building.
Mr. Krueger inquired about the open area on the west side of the building.
Mr. LeMieux replied that is where trucks deliver. If placed in this area, the sign might also be above the
roof line and building and he was informed by staff that roof signs are not permitted.
Mr. Krueger inquired of Mr. LeMieux if he objected to the sign being in front of the windows.
Mr. LeMieux replied he did not object.
IV
t° City of Oshkosh
Dept. of Community Development
City Hall
215 Church Ave., PO Box 1130
Oshkosh, WI 54903
(920) 236 -5059 (920) 236 -5053 FAX
BOARD OF APPEALS AGENDA
FEBRUARY 28, 2001
3:30 PM
To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY,
FEBRUARY 28, 2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following
agenda.
ROLL CALL
APPROVAL OF FEBRUARY 14, 2001 MINUTES
I. 1942 MONTANA STREET
Matt Simonson, applicant, Larry Davis, owner, is requesting variances to the City's Building Code to
(a) allow for the creation of living space within an existing basement space which upon completion
will have a ceiling height of 6' 5 ", whereas a minimum 7 ft. ceiling height for at least 50% of the rooms
floor area is required, and (b) allow beams /ductwork projecting greater than 8 in. below a 7 ft. ceiling.
II. 2015 DICKINSON AVENUE
Jones Sign Company Inc., petitioner, for William LeMieux, owner, requests a variance to erect a 30'
high ground sign with a 23'2" front yard setback; whereas Section 30- 28(B)(1)(b) of the City of
Oshkosh Zoning Ordinance requires a 25' front yard setback.
OTHER BUSINESS
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
FEBRUARY 28, 2001
ITEM I: 1942 MONTANA STREET
GENERAL DESCRIPTION AND BACKGROUND
Matt Simonson, applicant, for Larry Davis, owner is requesting variances to the City's Building Code.
Per Oshkosh Building Code Section 7 -33, persons may file an appeal to the Board of Appeals as
provided in the City Zoning Ordinance, Section 30- 6(B)(2)(a) if an equally good o r better form of
construction is proposed. All appeals shall be accompanied by supporting data.
This application is being made to allow the basement to be finished off into living space.
VARIANCE REOUEST #1
Allow for the creation of living space within an existing basement space which upon completion will
have a ceiling height of 6 feet 5 inches.
Whereas Oshkosh Municipal Code Section 7- 34(B)(2) adopting the State Uniform Dwelling Code
Section COMM 21.06 requires a minimum of 7 feet ceiling height for at least 50% of the rooms floor
area.
The state code applies to all homes built since June 1, 1980. The City of Oshkosh adopts this code
with some exceptions to apply to existing housing stock to maintain a level of consistency throughout
the City. In this case the City has not adopted an exception to the ceiling height requirement.
ANALYSIS AND RECOMMENDATION
In reviewing a variance request, the following question should be addressed:
What proposed means and rationale of providing an equivalent degree of health, safety
and welfare as addressed by the section petitioned will be provided?
The applicant is requesting to be allowed to construct additional living space within an existing
basement. The current use as an unfinished basement is different from finished living space. Once this
area is finished it is likely to be occupied on a more regular basis, where as in its current state it is less
likely that the area is occupied for great lengths of time.
The code as written was intended to allow persons to safely exit an occupied area. This is especially
important in the event of an emergency such as in the case of a fire. With a reduced ceiling height the
speed at which a room fills with smoke is increased and the level at which the smoke would be at the
beginning of a fire is lower which will lead to a reduced time for safe exiting.
The applicant states that the reason for the variance is the height of the bottom of the existing floor
joists is 6' 10 ' /2 ". One point to consider is while this height is below the 7 ft requirement, at this time
there is no ceiling attached to the bottom of these joists, leaving the spaces between the floor joists
open, allowing for additional volume in which smoke could accumulate before dropping lower into the
space below.
STAFF REPORT BOARD OF APPEALS
ITEM I -2- FEBRUARY 28, 2001
When reviewing this variance request you must assess what measures the applicant has proposed to
offset the safety issues addressed by the code. In short, what will be done to make this finished space
that has a ceiling height of less than the code required 7 feet, equally or more safe than what the code
required.
The applicants have proposed the installation of additional smoke detectors after conversations with
this office.
Based on this information, staff would recommend approval of the variance with the following
conditions: -
1. Installation of an interconnected, hardwired smoke detector system with battery back -up.
Detectors to be provided in both portions of the finished basement space (one on each side of the
dropped beam) and also installed on each floor level above in locations required by the current
code.
2. The ceiling height shall not be reduced any lower than the existing ceiling height except the area
under the beam may be reduced as requested.
VARIANCE REOEST #2
Allow for the creation of living space which upon completion will have beams /ductwork projecting
greater than 8 inches below a 7 ft ceiling. The beams /ductwork would be 6 ft. above the floor.
Whereas Oshkosh Municipal Code Section 7- 34(B)(2) adopting the State Uniform Dwelling Code
Section COMM 21.06 requires that beams project not more than 8 inches below the required 7 feet
ceiling. (6 ft. 4 in. above the floor minimum.)
The state code applies to all homes built since June 1, 1980. The City of Oshkosh adopts this code
with some exceptions to apply to existing housing stock to maintain a level of consistency throughout
the City. In this case the City has not adopted an exception to the beam projection restriction.
ANALYSIS AND RECOMMENDATION
In reviewing a variance request, the following question should be addressed:
What proposed means and rationale of providing an equivalent degree of health, safety
and welfare as addressed by the section petitioned will be provided?
The applicant is requesting to be allowed to construct additional living space within an existing
basement. The current use as an unfinished basement is different from finished living space, as once
this area is finished it is likely to be occupied on a more regular basis, and possibly slept in whereas in
its current state it is less likely that the area is occupied for great lengths of time, or used as a living
area in which a person could sleep.
STAFF REPORT BOARD OF APPEALS
ITEM I -3- FEBRUARY 28, 2001
The code as written was intended to allow for persons to safely exit an occupied area. This is
especially important in the event of an emergency such as in the case of a fire. With a reduced ceiling
height and now the increased projection of the beams /ductwork the speed at which a room fills with
smoke is increased and the level at which the smoke would be at the beginning of a fire is lower which
will lead to a reduced time for safe exiting. The lower beams /ductwork would be an obstruction that
could be an obstruction to a taller person and they may not be aware of this in the event of a fire with
the ceiling level filled with smoke.
When reviewing this variance request you must assess what measures the applicant has proposed to
offset the safety issues addressed by the code. In short, what will be done to make this finished space
having beams projecting within 6 feet of the floor, equally or more safe than what the code required.
After discussing this concern with the applicant they have proposed the installation of additional
smoke detectors.
While this would help alleviate concerns caused by fire and smoke it does not help increase clearance
at any time, and there is still the potential for a taller person to suffer injury from running into this
lower projection.
If any variance is granted it would be the recommendation of our office that at the very least
interconnected, hardwired smoke detectors with battery back -up, be required in both portions of the
finished space (one on each side of the dropped beam), and also on each floor level above.
vviscuns n Ldepanment ul a uusuy, Qcucky caliu ouuw11,4 u■w•■■
Labor and Human Relations 201 E. Washington Avenue
lase Only ° t ; PETITION FOR VARIANCE APPLICATION P 0 Box 7969
Plan Nrs `. I � ,; .. Madison, WI 53707
x :,, Telephone: (608) 266 -3151
r ,: v ,... 4 4., r .
Al nourtt. Paid " .
Page 1 of
PLEASE TYPE OR PRINT CLEARLY - Personal information you provide may be used for secondary purposes (Privacy Law, s.15.04 (1)(m)).
1. Owner Information 2. Project Information . 3. Designer Information
Name Building Occupancy Chapter(s) and Use Designer Registration No.
L. //y 1'k '; _ mAr
Company Name Tenant Name (if any) Design r Fir c m ,(�
.7 S; , ''t:_Scb' U<- ti /46 3
Number and Street Building Location (number and street) Number and Street
/99 9? "),t...74,4 n- c73 9 oa, D4.0 ne.
City, State, Zip Code ❑ City ❑ Village ❑ Township of City, State, Zip Code
0.5't,v s i � 1rT ..5zviCi % Os' 2vs ei . /tom- Sz19c 7�
Contact Person County of Contact Person
Z17,77
Telephone Number FAX Number Property ID # (tax parcel # - contact county) Telephone Number FAX Number
( ) ( ) (WO )a35 V// ( )
4. Plan Review Status ❑On hold [Already built
Review by ❑Preliminary design ❑Built according to older code but must be
❑State ['Municipality ❑Approved, requesting revision brought into compliance with current code
❑Submitted with petition BPtan will be submitted after petition determination
Plan Number ❑Other
5. State the code section being petitioned AND the specific condition or issue you are requesting be covered under this
petition for variance.
AJ(r4 or h /-. , Sii _Ilia 7 ' i"N. Cam:' /.v i ce 4 7
1-2).-- vL t'-.)f fir. ---7 .
6. Reason why compliance with the code cannot be attained without the variance. ,Xi�1: v ?•40 t /
/110 w Cz .e e ' A) / /' ,
7. State your proposed means and rationale of providing equivalent degree of health, safety, or welfare as addressed by
the code section petitioned. n _ '/ I 1
/kit i 7 i •o" cf. / ...S/A e/e= / 4- -S , ^-i/ / /fey i -► S 14,i' /so i1
i h l )7 S ec %7 -s /, 4 Zc ,c.1.4-, Gf' ' ,4 Ai/A/ C'.ei j %e', q '(/
8. List attachments to be considered as part of the petitioner's statements (i.e., model code sections, test reports,
research articles, expert opinion, previously approved variances, pictures, plans, sketches, etc.).
VERIFICATION BY OWNER - PETITION IS VAUD ONLY IF NOTARIZED WITH AFFIXED SEAL AND ACCOMPANIED BY REVIEW FEE (See
Section ILHR 2.52 for complete fee information)
Note: Petitioner must be the owner of the building or project. Tenants, agents, designers, contractors, attorneys, etc., shall not sign
petition unless Power of Attorney is submitted with the Petition for Variance Application.
, being duly swom, I state as petitioner that I have read the foregoing petition and I believe
Petitioner's Name (type or print) it is true and that I have significant ownership rights to the subject building or project.
Petitioner's Signature , / - Subscribed and swum Notary Public My commission expires
7 i� , ---- t o before me this date on
Complete otside for variance requests from ILHR 20-25 and ILHR 50-64. SBD - 9890 (R.11/95)
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This map is either a Ieggally recorded map nor 1942 Montana St N
a survey and it is not intended to be used as one.
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
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh. Created by - dpm 1 /12/01