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HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES December 13, 2017 PRESENT: Robert Cornell, Robert Krasniewski, Dennis Penney, Tom Willadsen, Kathryn Larson, Dan Carpenter EXCUSED: None STAFF: Brian Slusarek, Assistant Planner; Katie Breselow, Recording Secretary Chairperson Cornell called the meeting to order at 3:35 p.m. Roll call was taken and a quorum declared present. The minutes of November 8, 2017 were approved as presented. (Willadsen/Penney) ITEM I: 731 JACKSON STREET Theo Holba-owner/petitioner requests the following variances to permit expansion of a driveway/parking area: Description Code Reference Minimum Proposed Maximum Impervious Surface Ratio 30-41(G) 50% More than 50% Uncovered Parking Spaces 30-175(L)(c)(i) 4 spaces 7 spaces Mr. Slusarek presented the item and distributed photos of the subject site. The subject .23 acre (approximately 10,200 square feet) property is located on the 700 block of Jackson St. It is zoned TR-10-PD Two Family Residential 10 – Planned Development District and used for single-family residential purposes. The property has four (4) uncovered parking stalls located on the south side of the house, accessed from a single shared driveway. In September 2017 Planning Services discovered that the legal nonconforming uncovered parking area at the subject site had been expanded without a permit. A correction notice was sent to the property owner requiring them to remove the added pavement or apply for a variance. The applicant is requesting variances to retain the roughly 150 sq. ft. of concrete that was constructed to the east of the existing parking area. A variance is needed for parking area expansion as the site consists of roughly 67% impervious surface area prior to the work being done and the maximum impervious surface ratio for the TR-10 District is 50%. Additionally, a variance is needed as the proposed pavement addition will result in a total of about 7 uncovered parking stalls, where code allows a maximum of 4 uncovered parking stalls for single and two-family uses. According to the petitioner, the house is being renovated to accommodate an additional four tenants therefore needing additional three stalls. Additionally, the driveway is shared resulting in maneuvering difficulties and there is no on-street parking. There are currently no building permits on file for conversion of the house to a two-family use. If the home were to be converted to a two- family use, the minimum parking required would be four (4) stalls. Therefore, staff feels that conversion of the house to a two-family residential land use does not result in an unnecessary hardship as the lot has sufficient parking for a two-family residence without the additional stalls. Based on the information provided, denial of the variances are recommended. Theo Holba, 731 Jackson Street, stated he purchased the property in April 2017 and the purpose was for his primary residency and to be converted into a duplex. He plans to convert the house this summer or the next. He called the Planning Office in June and was told that he only needed 25’ from the sidewalk for the slab, While he Board of Appeals Minutes 2 November 8th, 2017 was on vacation his friend came and poured the concrete without his knowledge and before obtaining a permit. In September he received a citation. He referenced page 10 of the staff report and stated that his logic for pouring the concrete was there was no good angle to get in the driveway, it was now easier to open the side door to the house, and the neighbors stairs butt up to the driveway thus making more room for cars to get in and out and better parking. He also stated that often times the neighbors who share the driveway park in the way or use their parking. Mr. Carpenter asked the applicant if before he poured the concrete if he took a diagram to the Inspection Office. Mr. Holba stated he believed so. Then stated he believed it was after it was poured because it was after he visited family and it was already poured by then. He was not sure if there was record of this or any phone calls previously made. Mr. Willadsen asked if he recalled whom he spoke with at the City. Mr. Holba stated he spoke with a couple different people. He regrets not writing down who he spoke with. Mr. Krasniewski referenced page 10 and asked for a clarification on the dimensions of the concrete. Mr. Holba stated it is 68’ x 33’, Mr. Krasniewski responded that the applicant then had created seven dimensional legal spots for parking. Mr. Penney asked why the applicant felt as though he needed more than four parking stalls. Mr. Holba answered that he lives there with three roommates and he personally has two vehicles himself. Mr. Penney asked the applicant what he felt the hardship was. Mr. Holba responded that he felt as though there was not enough parking. Mr. Krasniewski asked if there was a shared driveway agreement on file. Mr. Slusarek stated that there may be at the Register of Deeds but the Planning Office did not have anything on file. Mr. Krasniewski mentioned that the issue with 723 Jackson tenants parking on his property is his own issue. Mr. Holba responded that he has spoken with the tenants but there is not much he can do. Mr. Krasniewski asked if he had spoken with the owners. Mr. Holba answered that he had not. Mr. Carpenter stated that it was a shared driveway and asked if he poured concrete on the neighbor’s property, Mr. Holba answered that he did not. Mr. Krasniewski asked again if there was anything on record for the shared driveway. Board of Appeals Minutes 3 November 8th, 2017 Mr. Slusarek responded that there may have been a handshake agreement in the older days but he is unaware of anything currently. Mr. Holba responded he also was unsure of any agreement. Alex Oberthaler, 426 Amherst Street, Oshkosh. Mr. Oberthaler stated that he was representing Star Properties, their opinion is that they are pleased to see the muddy area go and that it looks much nicer. Mr. Oberthaler was also representing Platinum Properties that owns the houses across the street, their opinion is that it looks a lot nicer. Mr. Willadsen asked for a clarification of which properties were Star (723 Jackson) and Platinum (720-730 Jackson). Mr. Oberthaler responded by clarifying. Mr. Krasniewski stated that obviously the applicant has an issue with the tenants at Mr, Oberthaler’s properties that needs to be addressed. Mr. Oberthaler stated that he has not discussed the issue with the applicant, he was only asked to address the parking slab that was poured. Mr. Krasniewski stated regardless of the findings of the board, there is an issue with the petitioner that needs to be addressed outside the board. Mr. Oberthalter stated that he will let the owners know of the issue with the tenants. Hannah Smet, 303 Pearl Ave, Suite A, Oshkosh. Ms. Smet stated that she was unaware of any shared driveway agreement on file but that concrete was not poured on the other property. Ms. Larson asked her how she knew the applicant. Ms. Smet answered that she was Mr. Holba’s attorney. Marcus Polash, 731 Jackson Street, Oshkosh. Mr. Polash stated that it is very difficult to park at the property. Further explaining that the traffic on Jackson is busy therefore it is very challenging backing out of the driveway. Mr. Penney asked what the remedy will be if the variance is denied. Mr. Slusarek responded that the pavement would need to be removed that was added this year and grass put down. Mr. Krasniewski motioned to approve the expansion of a driveway/parking area. Motion seconded by Ms. Larson. Mr. Carpenter stated that there is an impervious surface issue and that personally if he were to do anything on his property of such nature he would always contact the office first to have them come out and make sure it is okay to do so. Board of Appeals Minutes 4 November 8th, 2017 Mr. Krasniewski stated that there are two issues, impervious surface and access number of parking stalls. Also there is no permit on file, He stated the parking before the addition was a 20’ x 24’ parking space. Then asked how the applicant stands on space. Mr. Slusarek responded that according to the GIS. from the dirt to what the applicant had in 2015. 40’ was measured or four stalls widths. Ms. Larson stated that the property was not a rooming house and asked if it was zoned duplex. Mr. Slusarek confirmed that it is zoned two family, duplex. Ms. Larson stated that the applicant seems to be using it as a rooming house and in the future has plans to make it a two family duplex. Mr. Slusarek replied that according to code it could have four unrelated adults and be grandfathered in. With the new Code it could only have a maximum of three unrelated tenants in a new unit created. Mr. Krasniewski clarified that the parking would still be the same though with four stalls. Mr. Penney mentioned that it has a rooming house setting and that this is the applicant’s choice to add more stalls not a hardship. Ms. Larson stated that it is a self-created hardship and that he should have come in to get the permit beforehand. Denied 5-0. Findings of facts: No exceptional circumstances to this request that warrant the granting of the variance. There is sufficient parking area on this parcel for parking vehicles in accordance with the allowed usage. This request is based on the wishes of the applicant and not allowed in the regulations therefore not a viable request. Approval of the request would further exceed allowable impervious surface and grant rights not allowed to other property owners with similar circumstances. There being no further business, the meeting adjourned at 4:10 p.m. (Krasniewski/Carpenter). Respectfully submitted, Brian Slusarek Assistant Planner