HomeMy WebLinkAboutLetter (BZA Variance) - 08/09/2001 � CityofOshkosh
� Dept.of Community Development
2I5 Church Ave.,PO Box 1130 lackson R.K;nney
^ ��^ �H Oshkosh,WI 54903-1130
W n��•� (920)236-5059 (920)236-5053 FAX Dirxtor
ON THE WATER
August 9,2001
Scott&Anne Boyce :
2807 Newport Avenue
Oshkosh, Wisconsin 54904
RE: 2807 Newport Avenue
Dear Mr. And Mrs. Boyce:
On August 8,2001 the Board of Appeals approved your variance to construct a driveway with 32' feet of width at
the front lot line.
The decision of the Board was filed in the Planning Services Division Office of the Department of Community
Development on August 9, 2001. Per Section 30-6(C)(3) and (4) of the City of Oshkosh Zoning Ordinance, your
variance will expire on February 9, 2002 unless you have obtained a permit for the activity allowed by the
variance. If you faii 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 Hail
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 ceview when obtaining your building
permit.
If you have any questions,feel free to call me at(920)236-5059.
Sincerely,
/� �i�/��/ �
Matt Tucker
Associate Planner
MT/mld
Cc: Inspection Services Division ,City Hall
�°rt°� City of Oshkosh �
� Dept.of Community Development m
� City Hall �I �
215 Church Ave.,PO Box I 130
Oshkosh,WI 54903
(920)236-5059
BOARD OF APPEALS AGENDA
AUGUST 8,2001
3:30 PM
� To Whom It May Concern:
PLEASE NOTE the City of Oshkosh Board of Appeals will meet on WEDNESDAY, AUGUST 8,
2001 at 3:30 PM in Room 404 at the Oshkosh City Hall to consider the following agenda.
ROLL CALL
APPROVAL OF JULY 25,2001 MEETING MINUTES '
;
I: 2807 NEWPORT AVENUE
Scott& Anne Boyce, applicants and owners, are requesting a variance to construct a driveway with 32
feet of width at the front lot line, whereas Section 30-36(C)(5)(b) of the City of Oshkosh Zoning
Ordinance states driveways leading to garages shall be no wider than 24 feet at the lot line.
II: 525 ZARLING AVENUE
Thomas& Patricia Cihowiak, applicants and owners, are requesting a variance to construct a 216
square foot utility structure, whereas Section 30-17 (B)(4)(e)(iii) of the City of Oshkosh Zoning
Ordinance allows for utility storage structures up to 100 squaze feet in size.
III: 57 STONEY BEACH ROAD
Daniel D. Harmon III, applicant and owner, is requesting a variance to construct a 168 square foot
utility storage structure in the rear yard area, whereas Section 30-17(B)(4)(e)(iii) of the City of
Oshkosh Zoning Ordinance allows for utility structures up to 100 squaze feet in size.
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
BOARD OF APPEALS MINUTES
: August 8,2401
PRESENT: Cazl Ameringer, Fred Dahl, Cheryl Hentz, Jon Schorse, Chairman Don Krueger
EXCUSED: Joel Kluessendorf
STAFF: Matt Tucker, Associate Planner; Mary Lou Degner, Recording Secretary
The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared
present.
The minutes of July 25, 2001 were approved as mailed. Hentz/Dahl. Unanimous.
I: 2807 Newport Avenue
Scott & Anne Boyce, applicants and owners, are requesting a variance to construct a driveway with 32
feet of width at the front lot line, whereas Section 30-36(C)(5)(b) of the City of Oshkosh Zoning
Ordinance states driveways leading to garages shall be no wider than 24 feet at the lot line.
Matt Tucker introduced the item noting that this request was previously denied, but new evidence brings
this forth for reconsideration.
Anne Boyce, applicant and owner, stated that since the last request to the Board of Appeals, the Traffic
Review Advisory Board granted the request for the 40.5 foot curb cut. She said that the Traffic Review
Advisory Board was unable to determine who was at fault for the lazge curb cut. Mrs. Boyce presented
pictures of the area and stated that she plans to keep the apron at its current width. She noted a concern
about the area that would have to be cut out, stating people would still be driving over this azea, which
would make it difficult to grow grass.
Chairman Krueger inquired as to how much of a slope exists from the garage to the sidewalk.
Mrs. Boyce responded that it was a fairly level area with enough pitch for water run off.
Discussion continued as to the sequence of the paving of the driveway, the street being put in, the curb
cut, and the apron being poured to match the curb cuts.
Mr. Tucker explained that through the developer of the subdivision, a private contractor poured the
street. This did require a review from the city inspectors, however apparently they do not measure the
curb opening after it is poured. He stated that staff feels that the paving contractor is responsible for this
problem, and it is not the fault of the applicant, who purchased the home with this problem. Mr. Tucker
added that the Traffic Review Advisory Board does not use the same guidelines as the Board of Appeals
when reviewing variance requests.
Mr. Ameringer inquired if the applicant had any communication with the adjacent property owners.
Mrs. Boyce responded the neighbors do not have any objections to the requested variance.
Chairman Krueger stated his support for the vaziance, commenting on the hazdship issue and safety
issues involved. He noted a concern about cars backing into rhildren in the driveway.
�
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Board of Appeals Minutes -2- August 8, 2001
Ms. Hentz also expressed support for the variance. She mentioned a financial hardship that could also be
involved. She further stated that the issue is not self created.
Motion by Dahl for approval of the variance to construct a driveway with 32 feet of width at the
front lot line.
Hentz seconded the motion. Motion carried 5-0. Unanimous.
Findings: Mr. Dahl stated that it is a safety hazard with cars possibly backing out into pedestrians.
Mr. Ameringer stated that the hardship is not self created.
II: 525 Zarling Avenue
Thomas and Patricia Cihowiak, applicants and owners, request a variance to allow a 12' by 18' or 216
square foot utility shed in the rear yazd setback, whereas Section 30-17(B)(4)(e)(iii) of the City of
Oshkosh Zoning Ordinance allows for utility sheds up to 100 square feet in size.
Matt Tucker introduced the item.
Thomas Cihowiak, owner and applicant, stated that the proposed structure would be compazable to his
house. It would be a custom built wooden structure with the same windows, siding, and shingles
currently on the house. He added that instead of a garage door the structure would have a double hinged,
two piece swing door and the area would be landscaped. Mr. Cihowiak explained that the hardship is
that the house does not have a basement and he is in need of storage space. He noted stafFs suggestion
of alternatives and said he did not find them viable for the neighborhood. He further stated there are no
objections from the neighbors to his variance request.
Chairman Krueger inquired as to the size of the garage.
Mr. Cihowiak said it is 20' x 24'. He stated he has been upgrading the house since the purchase in
January 2000, and feels this structure would enhance the appearance of the property.
Mr. Dahl asked what would be stored in this storage building.
Mr. Cihowiak responded storage would consist of clothes, books, and seasonal decorations.
Discussion followed as to the size of the proposed structure, code compliant parking, and building
codes. Mr. Tucker explained the building code differences between a shed and a garage. He stated that
once the 100 square feet size is exceeded, the more restrictive building codes for a garage must be met.
Mr. Schorse asked if there were any drawings of what the building would look like.
Mr. Cihowiak presented pictures.
.
;+ STAFF REPORT BOARD OF APPEALS
; August 8,2001
ITEM I: 2807 NEWPORT AVE. - Scott& Anne Boyce,Applicant/Owner
GENERAL DESCRIPTION AND BACKGROUND
Scott&Anne Boyce, applicants and owners, request a variance to construct a driveway with 32' feet of
width at the front lot line, whereas Section 30-36 (C)(5)(b) of the City of Oshkosh Zoning Ordinance
requires that driveways leading to garages shall be no wider than 24 feet at the lot line.
The general area is chazacterized by residential land uses, and the subject property is zoned R-1 Single ;
Family Residence District. The subject property is a single family home.
On July 10, 2001 the Traffic Review Advisory Board approved a variance for a 41' curb cut at the
street for this driveway.
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 applicant is requesting a variance for a driveway with 32' of width at the lot line. The home and
driveway were constructed in 2000. At the time of construction, a building permit was issued that
depicted the driveway tapering to a width of 17 feet at the lot line. Since that time, the road was paved
and driveway installed, which resulted in a 32' wide driveway with a 41' wide opening at the street.
The Traffic Review Advisory Boazd was unable to determine who was at fault for not identifying that
the apron was built at the 41', and thus approved a variance for a curb cut wider than 35'.
The intent of the 24' width restriction is to provide for additional green space between neighboring
yards, as well as prevent the cluttering effect of having wide parking areas within the front yard of
homes, in which any vehicle could be parked. In addition, narrowing the paved area of the driveway
reduces the amount of storm water runoff from a property. The home has an attached three-car garage,
which provides 3 code compliant parking spaces within the garage area. Since the property is not
substandard in terms of width and depth, there does not appear to be anything that creates a hardship
warranting the granting of this variance. It could be argued that not granting the variance would result
in a less than appealing aesthetic condition, since the applicant would not have to ask the contractor to
remove the existing apron and curb cut built in violation, which would look unpleasant from the street.
Although this may be the case, this would not be considered a hardship according to the required :
standards for granting a variance, as it would be the applicant's choice to not remove the apron and
narrow up the curb opening to match a code compliant 24' driveway opening.
The request appears to be based upon the owners desire to keep the existing driveway at its current
width, rather than a hardship. Based on this information, staff recommends denial of the variance.
�
Piease Tvpe or Print in BLACK INK Return to: Department of
. Community Development
215 Church Ave.
P.O. Box 1130
Oshkosh,WI 54903-1130
CITY OF OSHKOSH
APPLICATION FOR VARIANCE
Please write legibly with black ink and also submit a complete rearoducible site alan(maximum size l l" x 17"). (A complete
site plan includes, but is not limited to, all structures, 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: �� � �� �
Petitioner: ''� �' Home Phone: %��3' ����
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Petitioner's Address: c� %�1� ��,(,t,' !(L 1�� Work Phone: �� ` �;� ,
Signature Required: �' Date: �� ' � F�C �
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:
2. Describe how the varinace would not have an adverse effect on surrounding properties: R
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3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures:
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4. Describe the hardship that would result if your variance were not granted:
(See Reverse Side)
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List all adjacent property owners and their mailing addresses, including condominium owners with an interest in
common areas: (adjacent being defined as properties which physically abut, are contiguous to, and are directl�•across a .� �:;�' `
Public street or ailey from the property identified above). This information must be supplied by the applicant.
: (Instructions are given below.)
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INSTRUCTIONS
(Notc: Thc 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 tliis appiication to the City Assessor's office, Room 302 of City Hall.
Step #?: Locate your lot on the plat map.
Step #3: Using the example below as a`,uide, list the property owner's to be notified.
You can also obtain this information from your computer on the City of Oshkosh's Web Page at ������:ci.��shk��sh.��i.us
by clickin�,on the assessor info and followin�the search commands for your address.
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APPLICATION FOR VARIANCE
. SCOTT � ANNE BOYCE
2807 NEWPORT AVENUE
1. EXPLAIN YOUR PROPOSED PLANS AND WHY YOU ARE REQUESTING A VARIANCE: `
We are requesting a variance to keep our driveway at its current width of 32 feet (SEE ENCLOSED PICTURES). We
initially requested a variance to keep our driveway at its current width June 2001 and were denied. Since that meeting we
met with the Traffic Review Advisory Board in regard to our apron, which is 40 feet 5 inches wide (this was in violation of
Access Control Ordinance which states it can be 35 feet max). Transportation Director Mark Huddleston investigated how
and why our apron ended up in violation but could not conclude who created the problem, the City(when they marked the
curb cuts) or the contractor (when they poured the curbs and street). The fact was that our apron was poured to match
the curb cuts. The variance to keep our apron was approved July 10, 2001. The Traffic Advisory Review Board also
requests that the Board of Zoning Appeals to reconsider their decision on the 24 foot driveway requirement based on the
curb cut variance. (SEE ATTACHED LETTERS FROM MARK HUDDLESTON).
Summary:
�'October 1999-Construction on our house started (we moved in March 2000).
'June 2000-Our driveway was installed from sidewalk to garage.
~Sept/Oct 2000- Newport Avenue was poured by James Cape Construction.
�Late OcUEarly Nov 2000-Our apron was poured to match the curb cuts on the street.
rApril 2001-We became aware that our driveway and apron were in violation of the city ordinances.
'June 2001-Board of Zoning Appeals variance denied.
�July 2001-Variance approved by Traffic Review Advisory Board for a 41 foot apron.
2. DESCRIBE HOW THE VARIANCE WOULD NOT HAVE AN ADVERSE EFFECT ON SURROUNDING PROPERTIES:
If the variance is approved, our driveway could be kept at its current width of 32 feet. We have more than enough green
space available. Currently, there is an 8 foot green space from our driveway to the side lot line and 18 feet 7 inches of
green space (or soon to be green space when neighbors yard is put in) between our driveway and the neighbors'
driveway (2801 Newport Avenue) (SEE ATTACHMENT 1). This area is large enough to hold the winter snow shoveled
from the area. The driveway, as it currently is has had no negative effect on the surrounding properties or caused any
hardships to anyone or anything in the past year that it has been in.
The area of our driveway that is in question amounts to 20 square feet out of 625 square feet of the total driveway area,
thus it is about 3% of the driveway. (SEE ATTACHMENT 2) The area in question would not greatly increase the amouni
of storm water run off or have any great effect on the green space issue. (Both these items were concerns addressed in a
previous staff report).
3. DESCRIBE THE SPECIAL CONDITIONS THAT APPLY TO YOUR LOT OR STRUCTURE
THAT DO NOT APPLY TO SURROUNDING LOTS OR STRUCTURES:
The main condition that applies to our lot that does not apply to surrounding lots is we have an extremely large apron
leading into our driveway (SEE ATTACHMENT 3). Our apron measures 40 feet 5 inches. On July 10, 2001, the Traffic
Advisory Board for the City of Oshkosh issued us a variance to allow us to keep this apron at its current width. This
variance was issued because the street was poured with the curbs cuts placed in error. Our apron was poured between
the curb cuts and our apron ended up being 5 feet too wide.
(Note: City Transit Staff could not determine the fault of the wrong size curb cuts. These curb cuts were placed in error
by either the private contractor hired to pour the street or not marked properly by city engineering staff).
SEE ATTACHED LETTER FROM MARK HUDDLESTON—TRANSPORTATION DIRECTOR REGARDING THIS
SITUATION
4. DESCRIBE THE HARDSHIP THAT WOULD RESULT IF YOUR VARIANCE WERE NOT GRANTED:
If the variance is not granted to allow us to keep our driveway at its current width of 32 feet. We would be required to cut
out an 8 foot by 5 foot section of concrete (20 square feet). Our apron would be present where the concrete would have
to be removed and would look unappealing to the eye from the street and with the apron present in that area it would be
inviting for cars to drive over the area (that was removed) ruining any chances of growing grass there. Many cars come
off of Oakwood and turn around in the driveway. The apron would invite cars to drive over grass area to park at the third
stalL (SEE ATTACHMENT 3).
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�,f}-�� July 11, 2001 ..
ON THE WATER '
Scott and Anne Boyce
2807 Newport Avenue
Oshkosh, WI 54904
Dear Mr. & Mrs. Boyce:
The Traffic Review Board, at its July 10, 2001 meeting, approved your request
for a variance to the Access Control Ordinance, Section 25-104(fl(1). The
Board granted your request for a 40.5 foot curb cut (includes 5 foot flare)for the
property located at 2807 Newport Avenue.
If you have any questions regarding this action, please feel free to contact me
at (920)232-5342.
Sincerely,
I ' ��
��
Mark Huddleston
Transportation Director
MRH/jsw
CC: Public Works Dept.
, ' .
City of Oshkosh
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�.�HKQ�H July 11, 2001
ON THE WATER
- Anne Boyce
2807 Newport Avenue
Oshkosh, WI 54904
Dear Ms. Boyce:
The Traffic Review Advisory Board has approved your request for a variance
to the Access Control Ordinance. The variance allows for a 41 foot curb cut.
The Board would normally not approve this type of variance if it was not a pre-
existing condition. The Board was unable to determine if the City or the
developer was at fault for the large curb cut. I have scheduled a meeting with
the appropriate parties to insure this type of curb cut is not allowed in the future
without proper approval. The Board's action doesn't address the width of the
driveway on your property and the Board of Zoning Appeals has final
jurisdiction on that issue. The Traffic Review Board has requested the Board
of Zoning Appeals to reconsider your request based upon the curb cut variance
being granted.
If you have any questions, feel free to contact me at (920)232-5342.
Sincerely,
�
�
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Mark Huddleston
Transportation Director
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