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HomeMy WebLinkAboutLetter (variance) - 06/29/2000� � City of Oshkosh � Dept.of Community Development 2I5 Church Ave.,PO Box t 130 lackson R.I�inney O�V^ n ' Oshkosh,WI 54903-1130 ��.�./ �-� (920)236-5059 (920)236-5053 FAX Director ON THE WATER June 29, 2000 Vickie Frank Bi(1 Paulsen 3730 Western Court Oshkosh, Wisconsin 54901 RE:3730 Western Court Dear Ms. Frank& Mr. Paulsen: On June 28,2000 the City of Oshkosh Board of Appeals approved your variance for a concrete patio and landing with a 22.5' rear yard setback at the termination of the north edge of the 3' long concrete landing per submitted plans and that the balance of the proposed patio be constructed with a setback no closer than 22.5' to the rear lot line with the condition that: • the east edge of the patio be constructed at a right angle to the east edge of the concrete landing in a straight line until such point that the constructed patio would meet rear yard setback requirements. f The decision of the Board was filed in the Planning Services Division Office of the Department of Community Development on June 29, 2000. Per Section 30-6(C)(3)and(4)of the City of Oshkosh Zoning Ordinance,your variance will expire on December 28,2000 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)236-5059. Sincerely, •���� C. BLUEMKE rincipal Planner JCB/vlr � Inspection Services Division � " BOARD OF APPEALS MINUTES JUNE 28,2000 � PRESENT: Carl Ameringer, Fred Dahl, Cheryl Hentz, and Don Krueger, Chairman EXCUSED: Randy Husman, Jeff Jarrett, and John Schorse STAFF: John Bluemke, Principal Planner; and Vickie Rand, Recording Secretary Chairman Krueger called the meeting to order. Roll call was taken and a quorum declared present. I: 3730 WESTERN COURT Vickie Frank and Bill Paulsen, owners, request a variance to construct a deck/patio with a 16 foot rear yard setback; whereas Section 30-17 (B) (3) (d)requires a 25 foot rear yard setback. " Vickie Frank, 3730 Western Court, stated she had already obtained a building permit and the deck is just about complete, however she stated she was asking for a variance to be able to complete the deck in a ` safe and aesthetically pleasing fashion. She also stated she had no problem with the condition upon which the variance may be approved. � Mr. Ameringer questioned if the request was actually for a 22.5 foot setback and not the 16 feet as requested in the variance. Mr. Bluemke stated the 22.5 feet should have been the distance requested from the reaz yard setback. Chairman Krueger questioned when the area was subdivided. Ms. Frank stated she purchased the property in July of'97. Motion by Hentz for approval of a concrete patio and landing with a 22.5' rear yard setback at the termination of the north edge of the 3' long concrete landing per submitted plans and that the balance of the proposed patio be constructed with a setback no closer than 22.5' to the rear lot line with the condition that: 1) The east edge of the patio be constructed at a right angle to the east edge of the concrete landing in a straight line until such point that the constructed patio would meet rear yard setback requirements. � Seconded by Dahl. Motion carried 4-0. Finding of the Fact: Chairman Krueger stated the variance was necessary because of the cul-de-sac taking property away from the lot, and this will enable the owners to have a patio. II: 857 JACKSON STREET Mehdi and Diane Mohammadian, owners, request a variance to construct a parking space located in the front yard setback and requiring a second driveway; whereas Section 30-36 (A)(4) of the City of Oshkosh Zoning Ordinance does not permit parking in designated setback areas. � � Board of Appeals Meeting Minutes Page 2 June 28, 2000 , Mr. Ameringer questioned if parking were a problem on Scott Avenue. Mr. Bluemke stated parking is available on Scott Avenue, however, Mr. Bluemke stated it wasn't the City's obligation to provide on- street parking, it was merely a convenience if it is available at all. Mr. Dahl stated that creating a parking space in the front yard would be a traffic hazard, and would also set a precedent. Motion by Dahl to approve a variance to construct a parking space located in the front - yard setback requiring a second driveway. Seconded by Hentz. Motion denied 0-4. III: NW Corner of Waukau Road and Poberezny Attorney Michael Golden, petitioner for EAA, Inc., owner, requests a variance to construct a ground sign/display with a 16'9"±front yard setback; whereas Section 30-25 (B)(2)(d) of the City of Oshkosh Zoning Ordinance requires a 25 foot front yard setback. Peter Chapman, 105 N. Oakwood Road, Vice President of EAA Convention& Community Relations, introduced himself, along with Attorney Michael Golden. Attorney Golden showed pictures of the plan for the ground sign/display, (on file in the Department of Community Development). Mr. Bluemke asked if they had the dimensions of the display. Mr. Chapman stated from the center of the Plane to the setback was 18' 6.5". He stated they have also requested a variance from the Town of Nekimi. Mr. Chapman pointed out that there is no access to the monument, although Wisconsin Public Service has a utility easement on the property. Mr. Chapman stated the monument will be the same one as was located along the highway before, they were just proposing to move it to a new location. Mr. Bluemke stated the proposed monument would be 5' 2" from Waukau Avenue, 21' 9" from Poberezny Road, and 0' from the triangular shaped right-of-way from the nose of the plane. Chairman Krueger stated that the display looked the same as before. Mr. Chapman stated the plane was being refurbished and it would be lit. He also noted the plane would be a permanent display, and not a rotating display. Mr. Ameringer questioned if they anticipated any problems with the vacation of the right-of-way. Mr. Chapman stated he didn't anticipate any problems since EAA owned the majority of the land in the area. Mr. Bluemke stated that land may have been needed for storage of snow, however, the City would recommend for the vacation. Motion by Ameringer for approval of a 21' 9" setback from Poberezny Road, a 5' 2" setback from Waukau Avenue, and a 0' setback from the triangular shaped right-of-way. Seconded by Hentz. Motion carried 4-0. Finding of the Fact: Mrs. Hentz stated there didn't appear to be an adverse impact on the neighborhood. Mr. Ameringer stated since the City was in favor of the variance, there didn't appear to be any other obstacle, besides the vacation of the right-of- way. �i Board of Appeals Meeting Minutes Page 3 June 28, 2000 c IV: 643/645 W. Starboard Court Russell Williams, owner, requests a variance to construct uncovered parking spaces alongside of two detached gazages without installing a 5 foot high fence to screen the spaces; whereas Section 30-35 (I)(2) of the City of Oshkosh Zoning Ordinance requires a 5 foot high solid fence to screen the abutting residential district or use. Russ Williams, 2519 Bowen Street, showed the Board pictures of the fence being constructed by the property owner to the west, and also pointed out the location of the storm sewer located in the area. He , stated these two factors would make it difficult to put up another f�nce as per the condition of the variance to construct the driveways and parking spaces on the outside of the existing detached garages. Mr. Williams stated he would put up a fence in the case the neighbor's fence would come down. x Mr. Ameringer questioned if the neighbors had been notified. Mr. Bluemke stated meeting notices had been sent to all adjacent property owners. Mr. Williams questioned which way the good side of the fence is to face. Mr. Bluemke stated there is no ordinance that requires which way a fence is to face. Discussion followed on the length of the fence needed to comply with the City Ordinance, the planting of arbor vitae to help screen the front of the parking space, and the location of the storm sewer easement. Motion by Hentz for approval of the variance to construct uncovered parking spaces alongside of two detached garages without a 5 foot high fence to screen the spaces,with the condition that if the fence along the uncovered parking space adjacent to the westernmost detached garage that is being installed by the adjacent property owner at 635 W. Starboard Court is ever removed, or after installation is complete, the fence does not screen the uncovered parking space, the property owner of 643/645 Starboard Court be required � to install the fence for screening purposes. Seconded by Dahl. Motion carried 4-0. Finding of the Fact: Mr. Dahl stated installing another fence on the west side would be redundant, and screening of the parking spaces is being met by the neighbors fence, and the condition placed on this variance. OTHER BUSINESS I. BOARD OF APPEALS VICE CHAIRMAN TO BE APPOINTED Mr. Bluemke stated because of the limited number of inembers in attendance, hopefully the Board will elect a new Vice Chairman at the next meeting. There being no further business, the meeting adjourned. Re ectfully submitted, << � j L J C. BLUEMKE rincipal Planner JCB/vlr