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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT MARCH 20,2018 ITEM III: RESIDENTIAL DESIGN STANDARDS VARIANCE REQUEST TO PERMIT A NEW HOME ON AN INFILL SITE WITH A FRONT SETBACK LESS THAN THE SMALLEST FRONT SETBACK OF THE ABUTTING PROPERTIES AT 4428 ISLAND VIEW DRIVE GENERAL INFORMATION Applicant/Owner: Erik T. Larson Action(s) Requested: The applicant/owner requests approval of a variance from the City's Residential Design Standards to permit a new home on an infill site with a front setback less than the smallest front setback of the abutting properties. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation 30-241(E)(1)(a) The front yard setback of a new principal structure on an infill site shall be determined by the existing front yard setbacks of the principal buildings on the 2 properties abutting the subject property's side yards. The front yard setback shall be no greater that the largest setback of said abutting properties and shall be no less than the smallest setback of said abutting properties. Property Location and Type: The subject 0.87 acre residential lot is located on Island View Drive, south of Sunnyview Road, and has frontage on Lake Winnebago. The lot contains a single family residential structure which the property owner plans to demolish to construct a new single family home. The neighborhood and general area consists predominately of single family uses similar in style and scale to the subject property. Subject Sites Existing Land Use Zoning Single Family Residence SR-5 LRO Adjacent Land Use and Zoning Existing Uses Zonin North Single Family Residential R-1 (County) South Single Family Residential SR-5 LRO East Lake Winnebago rWest Single Family Residential SR-5 Comprehensive flan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential VARIANCE CRITERIA The City's Zoning Ordinance establishes design standards for single and two-family homes with the overall purpose/intent to: "Maintain the basic architectural quality of residences within the community, to minimize adverse impacts on adjacent properties and neighborhoods resulting from architectural and building construction practices that may detract from the character and appearance of the neighborhood as a whole, and to ensure compatible design between existing and new homes". The standards apply to all single and two-family structures within the City and include the regulation that"The front yard setback of a new principal structure on an infill site shall be determined by the existingfront yard setbacks of the principal buildings on the 2 properties abutting the subject property's side yards. The front yard setback shall be no greater that the largest setback of said abutting properties and shall be no less than the smallest setback of said abutting properties." The Plan Commission is authorized to grant variances from the strict application of the single and two-family residential design standards when it is determined that: 1. The intent of the standards have been incorrectly interpreted; 2. Standards do not apply to the particular project; and/or 3. Enforcement of the standards causes unnecessary hardship. When taking action, the Plan Commission shall make findings per the following, as described in Section 30-411(F)(1): 1. The variance will not be contrary to the public interest. 2. Substantial justice will be done by granting the variance. 3. The variance is needed so that the spirit of the ordinance is observed. 4. Due to special conditions,a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. 5. The variance will not allow an alteration of a historic structure,including its use,which would preclude its continued designation as a historic structure. ANALYSIS The petitioner is proposing to demolish the existing single family home and construct a new,larger, single family home on the lot. The existing home has a front setback of about 31 feet. The proposed site plan has a 25' front yard setback and 75' rear yard setback(from ordinary high-water mark).The abutting properties to the north and south have approximately 41' and 35' front yard setbacks, respectively. A design standards variance is necessary as the proposed front setback(25') is less than the smallest front setback of the abutting properties (35'). ITEM III-4428 Island View Dsn Std Variance 2 The applicant believes that the rear(shoreland) setback requirement of 75' results in unnecessary hardship as there is insufficient space to meet the rear setback requirement and also meet the smallest setback of the abutting properties(35'). Staff evaluated the proposal and impact on the design of the home in regard to the purpose and intent of the design standards as they relate to preserving its architectural integrity as well as the potential impact on adjacent properties, the neighborhood character, and the "curb appeal" of the block. Staff believes that the front setback of the new home, as proposed,would not have an adverse impact the neighborhood character or curb appeal of the block as the front setback of the new home will be minimally reduced from that of the existing home. Staff also feels that in this case, enforcement of the design standards results in unnecessary hardship. The site possesses a unique circumstance pertaining to the increased rear yard setback requirement of the Shoreland Overlay District. Specifically, the configuration of the shoreline and corresponding 75' setback significantly minimizes the buildable area for the new home. Therefore,it is staff's opinion that the increased front setback required by the design standards should not apply. RECOMMENDATION AND FINDINGS Staff recommends approval of the variance request to permit a new home on an infill site with a front setback less than the smallest setback of the abutting properties at 4428 Island View Dr. as proposed, with the following findings: 1. The variance will not be contrary to the public interest. 2. Due to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship. ITEM III-4428 Island View Dsn Std Variance 3 Please Type or Print in BLACK INK OA% City OW CITY OFOSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: iFe^I 1< Date: A�/_�. Petitioner's Address: Uy: Cs i ge Shzho: /^ /~`ip: S Telephone#: (\/i�) Fox ( ) Other Contact # Status ofPetitioner (Please Cheok): '�eOvvnerORepresentative LTanont U Prospective Buyer Petitioner's Signature (required): Date: L? PROPERTY OWNER INFORMATION Owner(s): A Ile, Oote:��,��/��_ Ownor(s) 4ddreo: city: -State: k~Z Zip: �� ) Telephone #: Fox ( ) Other Contact # orEmail: Ownership Status (Please Check): �,/Jndivicluo| 11 Trust [I Partnership uCoqporohon Property Owner Consent:(required) By signature hereon, I/We acknowledge that City officials and/or employees may,in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. | o|so understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions orother administrative reasons. Property Owner's Signature: � Dote: SITE INFORMATION Address/Location ofProposed act � Proposed Project Description: Current Use of Property: C �L Zoning: In order to be granted a variance, each applicant must be able to prove,in the judgment of the Oshkosh Plan Commission,that otleast one mfthe following criteria applies: l) The intent ofthe standards have been incorrectly interpreted 2) The standards do not apply fo the project 3) The enforcement ofthe standards cause unnecessary hardship Page 4 1. Explain in detail your proposed plans and why a variance is necessary: CO IC V J 7 qL 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: YL-LI- z:q o- 3. Describe in detail the materials and construction methods that the proposed project would use. Attach any supplementary information including, but not limited to, material data sheets, product information, supplemental photographs, elevation plan(s) and site plan(s): Page 5 4. Describe why the intent of the design standards have been incorrectly interpreted (if applicable): S. Describe why the design standards do not apply to this particular project(if applicable): 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): 'A S Page 6 ;a U�^ Uoxo=m m w N >o o a r i w IM HSO�IHSO'dnlba M31n aNH�SI 8Zbb w o m ('7 � °moi s aaz� a¢»n-"" CI CL W Z w z wa3mmrc 5a�. dv"ir°_�,acsi': W 2 Y O woyMo3 ww�ir5 d �.Lwm m vF _ R— H�a°a wo$zy v9nw aaEo�� 2�Od NOIlOfl2ilSNOO M3N a3SOd02id N czi�or�3 'mm°? �r53z°ooi8a � i/'i"/ � ��i, �,i/ %%%�i �/� '.� %1,.:.r rill/iii fit///�///�/ r� %i��j///��/ii✓ff%�//rrr/////�/1/r,� , r��irr £9L 49L HJ !� 'Yl j60 Sg� 99L \�S\ BISG; i 9 S! � o� sgl �-- W 9911 r L9L \ V J M W ry � �/ilii/i%rr%�iii�iii//� ="p• ——'• I ��`� a �, o aaoN LSL i vv �vrvix_aadro � O riil�ll� zn %ij�. iii i irl i�rl�f lil�fi �T 17 ( f i ��d�irl��lhllr�l O #�f Iz� ' e, r v r�,r ,,,,r,. ✓mos or h it y O �z n I W i Lrc I �— �-- 3NI7 xjyg _ (y dSOI 69,, — O °n s9L .a�min Page 7 I I I I I I I I I I I I I I I I I 1 t I ! I I I 'I Ic 1 r I I I I I I I �1 U�,I r V t�"► 4 � _ V I ` 1 I I 1 I t I ! 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I I I I I I I I I I I I I I I I I I Page 11 DESIGN STANDARDS VARIANCE TIMOTHY/STACEY D EIERMAN ERIK T/JENNIFER A LARSON 4428 ISLAND VIEW DR 4416 ISLAND VIEW DR 4428 ISLAND VIEW DR PC:03-20-18 OSHKOSH WI 54901 OSHKOSH WI 54901 NANCY R ALBRIGHT/JOAN L MARTZAHL RODNEY L/ROSEMARIE BUSCH 4419 ISLAND VIEW DR 4440 ISLAND VIEW DR OSHKOSH WI 54901 OSHKOSH WI 54901 KROMM,CHRISTINE A DANIEL P/ELIZABETH M LYNCH 4434 ISLAND VIEW DR 4410 ISLAND VIEW DR OSHKOSH WI 54901 OSHKOSH WI 54901 Page 12 1060 1080 1038! 1042 t ! w,c 7055 f f 1 � f^ � i ❑ n i U O �m v r i r � f .... u- .�r. �....�.....� , w P ma art ax' v 3 r ^o f ss ssEl {. f , ,o El r{ i F j r 4300 t` N f, i 0.4r 1 in=0.03 min 1n- 150 ft � I - City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:3/9/2018 information are responsible for verifying accuracy. For full disclaimer please go ton www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh,WI J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd Page 13 User:katieb i• l iii %'Jj�! •i. /� J /l/ %y / I j Oshkosh City Limit — f ' •f,j•I, ii l � 1,i 1• ) !•• \�`�J f SR-3 j MH-9 i r , I �.._SR 5 -`� SR-5 ' SR5L RO : If , t � �'' 1• � \SR-5-LR0 r jr N il�lr " "► t i r ' �' 1in=0.09 mi g 1 in=500ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date:3/9/2018 information are responsible for verifying accuracy. 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