HomeMy WebLinkAboutLetter (BZA variance) - 06/14/2001 � city of Oshkosh
� Dept.of Community Development
215 Church Ave.,PO Box I 130 lackson R.Kinney
O�L�^ n � Oshkosh,WI 54902-1130 Dirceror �
f—oV._.0 1-1 (920)236-5059 (920)236-5053 FAX
ON TNE WATER
June 14, 2001
Bruce Felker
145 W 21 ST Avenue
Oshkosh, Wisconsin 54901
RE: 145 W 21 ST Avenue
Dear Mr. Felker:
On June 13, 2001 the City of Oshkosh Board of Appeals denied your variance to construct a 5' addition to
the existing driveway,which would make the driveway 29' wide at the right-of-way line and wider than the
gazage.
The decision of the Board was filed in the Planning Office of the Department of Community Development
on June 14, 2001. Section 30-6(C)(1) and (2) of the City of Oshkosh Zoning Ordinance allows the same
variance request to be heard 3 times in any 12 month period. If this is the first or second time you have
requested this variance within 12 months, you may re-apply if you wish.
If your vaziance request has been denied 3 times within a 12 month period, but you feel there has been a
change in the circumstances affecting your request, you may submit a request for an additional hearing
stating the changes which have occurred. The Board will review this request, and if three Board members
feel there is sufficient change in circumstances to warrant an additional hearing, then you may re-submit
your variance request through the normal procedure.
You may call me at(920) 236-5059 if you have any questions.
Sincerely,
�� ,�--�
Matt Tucker
Associate Planner
MT/mld
cc: Inspection Services Division, City Hall
Board of Appeals Agenda
June 13,2001
Page 2
V: 769 Vine Ave.
Phil Page, applicant and owner, requests a variance to construct an off street parking area for three
vehicles, with a side yard setback of 2' and a rear yard setback of 22', whereas Section 30-36 (C)(5)(a)
of the City of Oshkosh Zoning Ordinance requires uncovered pazking spaces must comply with the
required setbacks of the principal structure, which are 7'6" side yard and 25' rear yard setbacks.
VI: 665 Frederick St.
Ron Dorsch, applicant and owner, requests a vaziance to construct an off street parking area for two
vehicles,with a side yard setback of 1'6" and a rear yard setback of 10', whereas Section 30-36
(C)(5)(a) of the City of Oshkosh Zoning Ordinance requires uncovered parking spaces must comply
with the required setbacks of the principal structure, which are 7'6" side yard and 25' rear yard
setbacks.
VII: 145 W.21s�Ave.
Bruce Felker, applicant and owner, requests a variance to construct a 5' addition to his existing
driveway,which would make the driveway 29' wide at the right-of-way line and wider than the garage,
whereas Section 30-36 (C)(5)(b) of the City of Oshkosh Zoning Ordinance requires driveways leading
to garages shall be no wider than 24 feet at the lot line, but may increase to any width between the lot
line and the garage, not to exceed the width of the garage.
VIII: 1754 River Mill Rd.
Terry Kiser, applicant and owner, requests a variance to construct a patio and walkway, attached to the
principle structure, with a 6'±side yard setback, whereas Section 30-17 (B)(3)(b) of the City of
Oshkosh Zoning Ordinance requires a 7'6" side yard setback.
IX: 1126 Fillmore Ave.
Roger M. Coats, applicant and owner,requests the following variances: a parking space located
between the building and the rear lot line, whereas Section 30-36(5)(a)(iii) of the City of Oshkosh
Zoning Ordinance does not allow uncovered parking spaces between the garage and the rear lot line; a
28' wide driveway that will be wider than the garage, whereas Section 30-36(5)(b)of the City of
Oshkosh Zoning Ordinance does not allow a driveway to be wider than the gazage and no more than 24
Board of Appeals Minutes -6- June 13, 2001
Mr. Tucker stated that granting a variance is the only option for this to be conforming. He explained that
it is a unique situation because the garage is under a raze order and it will be removed if the owner
chooses to not take down the garage himself. He further added that removing the garage creates a non- -
conforming parking situation. Mr. Tucker commented that the suggestion of pavers would not be an
option because they are not suitable for a driveway unless they aze properly engineered. He pointed out
that the installation of pavers would be more costly than pouring a slab. t
Mr. Dorsch stated that the staff proposal would cause him to lose too much grass area, which would
make it undesirable for neighbors and tenants. `
Mr. Kluessendorf questioned the ownership of the property next door.
Mr. Tucker explained that the county owns the property to the south. Further discussion followed on
zoning, setbacks and screening.
Discussion followed with Ms. Hentz inquiring as to what was the advantage of the city proposal versus
what the applicant was requesting. Mr. Tucker responded that it is not known what will happen with the
vacant property to the south and he would like to provide a more substantial buffer area until such time
that the property to the south is purchased. Mr. Ameringer stated a concern with not reconstructing the �
z
garage.
;
Boazd discussion followed on the advantage to the city's proposal of providing more buffer area.
Concerns were expressed about the gazage not being reconstructed and the fact that there is only 39' to
work with. There was also discussion on the fact that vehicles could not be parked on just a slab, they
would have to be parked in the driveway.
Motion by Hentz for approval of a variance to construct an off street parking area for two
vehicles,with a side yard setback off 1' 6" and a rear yard setback of 10' with conditions:
1. The off street area be constructed with a 5' side and rear yard setback, as to
provide for a 5' green space, snow storage, and screening.
2. A screening plan be reviewed and approved by the Department of Community
Development prior to obtaining a building permit.
Kluessendorf seconded the motion. Motion laid over 3-1. Nay: Ameringer.
VII: 145 W 21�Avenue
Bruce Felker, applicant and owner,requests a variance to construct a 5' addition to his existing
driveway, which would make the driveway 29' wide at the right-of-way line and wider than the garage,
whereas Section 30-36 (C)(5)(b)of the City of Oshkosh Zoning Ordinance requires driveways leading to
gazages shall be no wider than 24 feet at the lot line, but may increase to any width between the lot line
and the garage, not to exceed the width of the garage.
Matt Tucker introduced the item.
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Board of Appeals -7- June 13, 2001
,
Mr. Ameringer asked if off street parking along side the gazage was not possible because of existing {
trees.
Mr. Tucker replied that he walked off the area for measurement and it did appear there would be space
for a 9' x 18' space. He added that the roots might be disturbed on one tree.
Bruce Felker stated that the garage is 24'x 24' and is only usable for one car because of the narrow
width of the garage door. He said the area for the suggested parking would require the loss of a tree. Mr.
Felker presented pictures illustrating where he would like to extend his driveway. He noted that his
vehicles are all in good shape, he maintains the property with pride, and he plans on staying in this
house for some time. He further stated that he only has two large trees on his lot and that he has a small
landscaped yard. Mr. Felker said that the proposed option would have him paving too much back yard
area. He said the current situation forces him to park on Nebraska Street. .
Vice Chairman Schorse inquired as to the number of vehicles parked in the garage and asked if the
applicant has considered a wider garage door.
Mr. Felker responded only one vehicle fits and if he was to change the garage door he would need to
redo his garage. He said that it would be more cost effective to add the 5' addition to his existing
driveway, and more neighbor friendly to get the truck off the street.
Discussion followed as to the size of the driveway.
Sandy Joseph, 141 W 21 S`Avenue, stated Mr. Felker has been a good neighbor. She said he only wants j
to add a little extra space to get his work vehicle off the street. She stated that he has a workspace in his
garage and there is no reason to put an unnecessac� burden on him when he is trying to comply with the
parking regulations.
Kathy Hagene, 2114 Nebraska Street, said that the Felkers are good neighbors. She mentioned that they
sometimes park their vehicle in front of her house and she feels it would be better alternative if they
parked in their own driveway.
Boazd discussion followed regarding the hardship issue. There were thoughts as to how they could
comply with the requirements. Alternatives mentioned included; stack parking, parking along side the
garage, expansion of the garage, variations to the interior use of the garage, and the option to replace the
gazage door.
Motion by Hentz for approval of the variance to construct a 5' addition to the existing driveway.
Seconded by Kluessendorf. Motion denied 0-4.
VIII. 1754 RIVER MILL ROAD
Terry Kiser, applicant and owner, requests a variance to construct a patio and walkway, attached to the
principle structure, with a 6'+ side yazd setback, whereas Section 30-17 (B)(3)(b) of the City of Oshkosh
Zoning Ordinance requires a 7'6" side yard setback. ;
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� STAFF REPORT BOARD OF APPEALS :
�
� June 13,2001 �
ITEM VII: 145 W. 21s�Ave. - Bruce Felker, ApplicandOwner
GENERAL DESCRIPTION AND BACKGROUND
Bruce Felker, applicant and owner, requests a variance to construct a 5' addition to his existing
driveway, which would make the driveway 29' wide at the right-of-way line and wider than the garage, �
whereas Section 30-36 (C)(5)(b) of the City of Oshkosh Zoning Ordinance requires driveways leading
to garages shall be no wider than 24 feet at the lot line, but may increase to any width between the lot
line and the garage, not to exceed the width of the garage.
The general area is comprised of mainly single family residential uses. The subject property is zoned
R-2 Two Family Residence District. The subject property is a single-family owner occupied home.
ANALYSIS AND RECOMMENDATION
In reviewing a variance request, the following questions should be addressed: `
Is there an unusual or unique characteristic about the subject property which
creates a hardship?
Is the hardship self-created?
Is the variance being requested the least possible needed to remove any
hardship?
Will granting of the variance have a considerable adverse impact on the
neighboring properties?
The owner is requesting a variance to add a 5' addition to the driveway, which would result in an
expansion of the existing driveway parking area. The property is a corner lot, which results in two
front yazd areas. The property is substandard in size in that the lot is 50' x 120', but is not unique in
that many lots in this neighborhood are 50' wide. The existing gazage is approximately 24' wide by 28'
deep,with an 18'±front yard setback. Currently,the applicant has parking for four vehicles.
In reviewing the owner's options,the most desirable option would be for the owner to construct an off
street parking space along side the detached garage, which would not need variances. The city also
offers on-street parking at a cost of$8.00 per month. The applicant could purchase a parking permit for
one of his domestic vehicles, and still allow for parking in the driveway or garage for his work vehicle.
Granting a variance would lead to the creation of a more expansive parking area, in which the parking
of many types of vehicles could occur. The variances requested appear to be based upon the owner's
desire to provide for an off-street parking area, rather than a hardship.
Based on this information, staff recommends denial of the variance as requested.
f
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Please Tvpe or Print in BLACK INK Return to: Department of
,, Community Development
215 Church Ave.
P.O. Box l l30
Oshkosh,WI 54903-1130
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Please write legibly with black ink and also submit a complete renroducible site alan (maximum size 11"x 17"). (A complete
site plan includes,but is not limited to,all structores, lot lines and streets with distances to each.)There is a$25.00 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: J y`� �,�,�. � f`�� �(f� �L�� (� �
Petitioner: ^
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�I�l��-� �'��-.� �2 HomePhone: �,�G�";,Z33'�JQ//
Petitioner's Address: �y� (,c,J, r,� � $% �� Work Phone: �'f.�C� - �3 � / '(�
Signature Required: �,.v�.-L,�.�'� ,- -t:��-�Z[� Date• S �
Owner(if not petitioner): Home Phone•
Owner's Address: Work Phone•
Signature Required: 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: ,L (�CSI,�c..�J i�jC�� j[} ,�C7v
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2. Describe how the varinace would not have an adverse effect on surrounding properties: .+1 �. �vUi..A jt�Zl�
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3. Describe the special conditions that apply to your lot or structure that do not appiy to surrounding lots or structures:
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4.Describe the hardship that would result if your variance were not granted: �`T < ^:/1-77�� �
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List all adjacent properry owners and their mailing addresses, including condominium owners with an interest in •
common areas: (adjacent being defined as properties which pl�ysically abut, are contiguous to, and are directl�•across a
public street or alley from the property identified above). This information must be supplied by tlie applicant.
(Instructions are given below.)
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INSTRUCTIONS
(Notc: The Assessor's personnel will assist you in compiling the appropriate ownership and address information
to be recorded in the space provided above.)
Step#1: Take tl�is application to the City Assessor's office, Room 302 of City Hall.
Step #2: Locate your lot on the plat map.
Step#3: Usin�the example below as a euide, list the property owner's to be notified.
You can also obtain this infortnation from your computer on the City of Oshkosh's Web Pabe at ������.ci.oshk��sh.��i.us
by clicking on the assessor info and following the search commands for your address.
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DISCLAIMER Birds Eye Ve�nr A'
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� �'����'t`�'a�`�"'"`°'�"��"°' 145 W 21 st Avenue
a survey and it is not i�Rended to be ttced as one. I
'll�is drawing is a compilation of recor�k,data
and i�d'ormation locatecl in various city,co�mty City of Oshkosh Wisconsin
and state oSces and other so�urec affecting
the area showo and it is to be used for reference �� �velo ment O.IH KOlH
p��s ody. �he aty orQsnkosn is noc re- � p
sponsible for a�ry inaccuracies herein rnntained. O -7M �T�+�AT�
If discrepenaes are fo�md,please�ntact the I VlJ r
ae��osn�h re�z«t by-tvn.� 5/29/Ol
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DISCLAIIVIQZ ��g ZO�g N
71tis map is ceither a legally recorded map nor 145 W 21 st Avenue �
a survey and it is not intended to be used as one. I
'Ihis drawing is a compilation of recorcls,data C'1 of Oshkosh Wisconsin
and information lacated in varioug city,county �
and state offices and other sourceg afl'ecting ����,�velopment
the area sia�vn and it is to be�sed for reference O,lH KOlH
pur�os�aily.1Le(5ty of Oshkash is not r�
sponsiWe for any inaccuracies herein contained � O � F� w+TME w�Ta+
If discrepencies are found,please contact the
(Sty of Oshkash ; Created by-MLD
5/29/Ol