HomeMy WebLinkAbout1987-Building (deck addition) c ';r ,
/� CITY OF OSHKOSH N° 05478
�' PERMIT - APPLICATION AND RECORD
TYPE: BLDC�TG ❑ ELEC ❑ PLBG ❑ SIGN ❑ ZONWG r` � � FLOOD PLAIN�'^� HEIGHT�
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HEATING CONTRACTOR
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ELECTRIC CONTRACTOR
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PLUMBING CONTRACTOR
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FEES: Valuation $ P Fee Paid $ ��• Park Dedication $
ISSUED BY Date ��� 7� � � Final/O.P. �a����
In the performance of this wor I agree t perform all work pursuant to rules governing the described construction.
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BOARD OF ZONING APPEALS PAGE THREE SEPTEMBER 16, 1937
MINUTES MEETING
Mr. Ron Mathwig, contractor for the Bleichwehls, stated the lot they have
decided to build on is irregularly shaped. A surveyor discovered that because
of the odd shape of the lot we were not meeting the City's setback requirements
in two locations. The Bleichwehls feel it is important to keep the garages the
size proposed because of the rental property. There are a lot of multiple family
structures in this area. It will not hurt anything.
Mr. Bleichwehl stated this was totally unintentional and we did not discover this
until the property was surveyed. Also the garage on the east becomes very
limited in its use if it had to be 172 ft. on one side. For some people it would
be hard to use a garage that size.
Mr. McGee stated for clarification the portion of the building that stems
closest to the corner is garage area.
Mr. Mathwig stated none of the actual house requires a variance.
Mr. Nitkowski stated we speak alot about uniqueness of land. This seems to be a
situation where we need to grant a variance because of the configuration of the
I lot. A homeowner has a right to a garage.
Mr. McGee stated relative to the proposed future street (Alexandra Court) the
house would line up with the 25 ft. setback. Relative to 18th Avenue this
structure will be about 212 ft. ahead of the other neighbors down the road.
Mr. Lamine stated the impression is that the majority of the structure will meet
the 25 ft. setback area. Because of the fact that it is a curvilinear design
it creates an unusual situation for that lot. I don't think it would have a
negative impact.
Motion by Nitkowski to move approval of a variance to construct a duplex with a
22.37 ft. front yard setback from Alexandra Court and a 22.54 front yard setback
from W. 18th Avenue. Seconded by Neu. Motion carried 5-0.
Regarding the findings of fact, Mr. Nitkowski stated it would ap�ear that this
situation is unique with the configuration of the lot being such that there is
no other alternative for the landowner to construct a garage. To deprive him
of that would be a hardship. Also no negative impact would occur to the adjacent
property owners along with no other saf ety hazards.
Mr. McGee stated it meets the spirit of 25 ft. setbacks.
III. 251 N. WESTFIELD STREET - James D. Hepola
Mr. Lamine explained the applicant is requesting a variance to construct a deck
with a 3 ft. 8 in. side yard setback; whereas the Ordinance requires a 7� ft.
minimum side yard setback.
Mr. Hepola stated when we built this deck we got a little enthusiastic about
putting the deck around the tree. I will gladly remove the portion around the
tree if no one appears to object. Mr. Hepola submitted a letter from neighbors
who do not object to the deck.
�
BOARD OF ZONING APPEALS • PAGE FOUR SEPTEMBER 16, 1987
MINUTES MEETING
Mr. Lamine stated the neighbor who filed the complaint does not want the Hepolas
to have a deck at all.
Mr. McGee stated that it appears that the deck in question is the part that 2ncircles
around the tree.
Mre Neu asked if the Hepolas had any future plans to enclose the deck at all.
Mr. Hepola replied no. The difficulty came in being a corner lot and it was
thought the deck was in the back yard.
Mr. Lamine stated the Board has denied other similar variance requests.
Mr. Hepola stated it will cost a lot to change the deck and it will change the looks
of the back yard.
Mr. Nitkowski asked if an architect designed this deck.
Mr. Hepola replied no, we did it ourselves.
Mr. Lamine stated the problem is where the deck goes around the tree.
Motiou by Krueger to move approval of a variance to construct a deck with a 3 ft.
8 in. side yard setback. Seconded by Hintz. Motion denied 2-3. (Hintz, Nitkowski)
Regarding the findings of fact, Ms. Hintz stated (for the affirmative) the neighbors
support is behind the Hepolas and because of the aesthetic improvement.
Mr. Nitkowski stated their actions were based on the reliance of the contractor
(friend) and there was no negative impact.
Mr. Krueger stated there was no hardship proven which is the basis on which we
base our decisions on.
Mr. McGee stated if we had to prove this decision it would be hard to prove the
affirmative vote.
IV. 2853 STONY BEACH AVENUE - Clayton Georgeson
Mr. Lamine explained the applicant is requesting a variance to create two sub-
standard sized lots and to construct a garage on a vacant lot. The Ordinance
requires 60 ft. wide and 7200 sq. ft. for new lot creations and does not permit the
construction of an accessory structure without a principal structure present or
under construction. It also requires a 60 ft. minimum front yard setback, a 25 ft.
minimum rear yard setback and a 7� ft. minimum side yard setback.
Mr. Bruce Roskom, City Planner, appeared on behalf of the City's involvement in
this issue. He stated that over the years that parcel was used as a driveway for
cars to circulate around. After the property was annexed the new property owner
exercised his right to close that off to the public.
Mr. Roskom further stated the City has a 25 ft. sewer easement along the subject
property. We have acquired 30 ft. of that property to provide a right-of-way.
Mr. Georgeson has agreed to sell us the 30 ft. if he can be provided with useable
space. The garage is simpl_y what he intended to do with the property.
Mr. Neu asked there is no question of the acquisition of land?
Fe�. 12, i�88
�ames Hepola
251 N. Westfield St. :
Oshkosh, WI 54901
CSETIFICATE OF OCCtTPANC�C
An Occupancy Permit is hereby granted for tnP �Q�� a�,�;i i nn
'�i.� thP rPs i rfPnrP loCated St
i5� ra_ wP�tfiP�r� �t_ Oshkosh, Wisconsin as described
in Bvilding Permit application numbers(s) �5���
.
This hiiilr�tnn is to be used onl� as a �in�iP familv
r�sidence and is in the
R-1 Sinale Fami lv ResidenrA District.
LIMITATIONS:
Mazimum floor loading: Forty poun�s per square foot live ioad
Maaimum nvmber oP persons and/or living units: one living unit
NOTE:
A new Certificate of Occupancy shall be required prior to
occupancy, should additional building(s) be erected, or should
any buildings mentioned above be altered or moved. The use of
land, or buildings shall not be chan3ed until a Certif�cate of
Occuuancy ts issved for that occupar.cy.
BUIiDING INSPECT08