HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 06/01/1988 BOARD OF ZONING APPEALS MINUTES PAGE THREE JUNE 1, 1988
Mr. McDonald stated despite the close proximity of the deck, the side of the neighbor's
garage is still maintainable.
V. 2795 MONTCLAIR PLACE - Robert and Lisa Mueller
Ms. Moore explained the applicants are requesting a variance to construct 30 ft.
of 6 ft. fence and 30 ft. of 4 ft. fence along the west side of the house approximately
4 ft. from the right -of -way for Oakwood Road, and to construct a 6 ft. fence along
the south lot line that extends approximately 21 ft. into the required setback;
whereas Section 30- 29(E)(3) of the City of Oshkosh Zoning Ordinance requires fences
6 ft. high or less be erected within the required setback area of the principal
structure.
In answering questions from the Board Mr. and Mrs. Mueller explained the following:
the house is on a corner lot on a busy road. The housing development in the area
has increased the traffic volume along their property. They fear for the safety
of their son and would like to put in a 6 ft. fence that he cannot climb over.
When they bought the house they were told the area around them would not develop
for about 10 years and it has only been 2 years. The fencing would not affect
anyone but one neighbor and he has no objection.
The Board felt that a 4 ft. fence would provide adequate protection.
Motion by Neu to move approval of the variance as requested. Seconded by McDonald.
Motion denied 0 -4.
Regarding the findings of fact, Mr. Neu stated the applicants have the alternative
of putting up a 4 ft. fence. The fact that the fence has already been ordered is
an economic hardship which the Board cannot address.
VI. 102 W. 17TH AVENUE - Joseph and Sharon Rozek
Ms. Moore explained the applicants are requesting a variance to convert a single
family dwelling located on a corner lot to a two family dwelling with a 14 ft.
front yard setback, and a 9 ft. front yard setback; whereas Section 30- 16(B)(c) of
the City of Oshkosh Zoning Ordinance requires a 25 ft. front yard setback.
In answering questions from the Board Mrs. Rozek explained the following: the
house is at least 60 years old. There are other duplexes in the area. The neighbor-
hood is zoned for R -2. They take care of the house just as well as if they lived
there themselves.
Mr. James Rand, 113 W. 17th Ave. stated there are single family homes in the area.
The parking in the area is already crowded because of the VFW. The property has
been a single family home since 1951. There are other neighbors who also object
to this request.
The Board stated there was enough land to allow a duplex and the area is zoned for
R -2.
Motion by Neu to move approval of the variance as requested. Seconded by Ruhl.
Motion carried 4 -0.
Regarding the findings of fact, Mr. Neu stated the house predates the Ordinance
and the present owner. The applicant is not going to make any changes structurally.
Mr. Ruhl stated the area is already zoned R -2 and there are other duplexes in the
immediate area.