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HomeMy WebLinkAboutItem I STAFF REPORT BOARD OF APPEALS APRIL 11,2018 ITEM I: 1314 CATHERINE AVENUE GENERAL DESCRIPTION AND BACKGROUND Randy H. Nelson-applicant and Barbara J. Konkel-owner, request the following variance to permit a second driveway at a single family residence: Description Code Reference Maximum Proposed Driveways 30-172(N)(1) 1 2 The subject .21 acre (approx. 9,420 sq. ft.) property is zoned Multi-Family Residential 12 District (MR-12). The 60' X 157 lot is located on Catherine Avenue, west of Rainbow Drive and fronts a public alley at the rear of the property. Adjacent land uses to the subject parcel include multi-family to the east and north and single family to the west and south. The surrounding area is predominantly residential. This single family residential property consists of a 1,552 square foot two-story principal structure which was built in 1900, according to City of Oshkosh Assessor's information. The property also includes a 342 square foot, two-stall detached garage with an existing driveway fronting Catherine Avenue. ANALYSIS In reviewing a variance request,the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? In November of 2015 Planning Services issued a correction notice to the property owner requiring removal of a gravel driveway/parking area that had been constructed in the rear yard at this property, which is being accessed from the rear alley, as gravel is a prohibited surface and a second driveway is prohibited for a single family use. According to prior aerial photos, this gravel driveway was constructed sometime between 2009 and 2015. A variance request was denied for the second driveway in July 2016. The applicant is again requesting a variance to construct a second paved driveway to be accessed from a rear yard alley (see attached site plan). According to the application, the main reason for this request is that the current legal driveway (along Catherine Ave) is difficult to use due to the location of a wheelchair ramp and access to/from the ramp is inhibited when a vehicle is parked in the driveway. STAFF REPORT BOARD OF APPEALS ITEM I -2- APRIL 11,2418 The petitioner also states in his application that a rear yard driveway accessed from the alley would provide a space for parking of additional vehicles and would be consistent with the surrounding area as neighboring properties have driveway entrances facing the alley. Although the handicap ramp that is blocking the garage from the driveway may be necessary for medical reasons, it seems to be a matter of personal hardship, rather than a hardship that is unique to the property. Also, the location of the handicap ramp seems to be a self-created hardship as the petitioner could have installed it in a location that would not restrict access to the driveway. While four (4) of the thirteen (13) single and two family properties on this block have driveway access from an alley, only one (1) appears .to have more than one driveway. Therefore,a second driveway would be inconsistent with the majority of the other properties on this block. Furthermore, the applicant has the option of removing the existing driveway fronting Catherine Avenue if they would prefer to have driveway access from the rear alley. RECOMMENDATION Based on the information provided within this report, denial of the variance as requested is recommended. n i r I View of subject}property looking south from rear alley Page 3 m If : \"Al � ^ � . \ >: View from subject propertyloobma eastalong rear alley Page 4 > >\� . � \ . . . View from subject property looking west along rear+|p Page 5 4' i ' o� Y„ View from subject property lloo'king north from rear alley Page 6 !Io r II I I � f � I View of subject property looking north across Catherine Ave Page 7 r" Waw ➢'' h � r View from subject property looking south across Catherine Ave Page 8 n i� N View from subject property looking west along Catherine Ave Page 9 n /c: � Cdr S;I` t � a r,. i, �r i View from Catherine Ave looking east Mang Catherine Ave. Page 10 Please Type or Print in BLACK INK Return to; Deportment of ^A Community Development c'nr 215 Church Ave. Oshkosh P.O. Box 1130 Oshkosh,WI 54903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete reproducible site plan (maximum size 11" x 17"). (A complete site pian includes, but is not limited to, all structures, lot lines and streets with distances to each.) Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: a th..e rina A V . Petitioner:iQ,N461 jV_Q go Home Phone: Te?() 7i ~ L Petitioner's Address: JJJY Ca Th ger/n•e a U,� Work Phone: Petitioner's Email: 6 0 a L C Signature Required: ©ate:�".r 1 S Owner(if not petitioner):_13gehat,cr T, 1$on„j�.g L Home Phone: 9aO,- V i2 -- Owner's Address: q Ca Work Phone:1 R0 -,2 M-8'y7U Owner's Email:_ r n to/sow D zti 49 &gr, rpm Signature Required: Date: 3l r 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: Oil ALITZ&6 Z& ey 53-co-4d o11 7Ao dln- All sir am o csLe hae ce &o If'avj—Lv jr, 61r"v , ou�,� C1a h a o G cv/ nleo Lpa �z zpqe ��/L 0�6 Ka-r f'o PA,?r a y. lc h V v4,46�4 Ad � c� A/a_a_04CU ac Of Page 11 y,. } 2. Describe how the variance would not have an adverse effect on surrounding properties: ca a,Id Aizu oto &a w,,, 5sue -a6%c.J' ea' rite a/r 7!AQ ,5ccr+rya.,�lccf +� n � '4 r 0 v a -t-2k_ .s 3 r�,/'� Gcit& �m 4 dc,/r Ty.. ...TQ n.Qlc.f+ liar #acy9 3. Describe the special conditions that apply to your lot or structure that do not apply to surrounding lots or structures: 41I h 41 gzel- XMa N, I F7 Iv a,5 dwj t'92 Lv/th Z rl1 TA e myw- /I«Th,� rU�s� ���7� , .yL Lv7�, -'T llsQc�y�r....aiGfa -aoA�Th_ tds � u6 fi ae l r1rtl/ CL l�dCs�' B/� �hc2 �fJ�S� I.!G� /�����1 L c�/✓ r !�1 C/ GLSQa Q f�A? /)Vy 4401yr k/ v a�0 r _!;/ as n2JC pWyl�G4-AMr- f-ye....A" y !?fib J-Aar----T�—th�tL&S,�r. 1�JS Blow D'A ar ka ✓�arrr�a//c� ��ur �J A.,11A `l r 2-, -_M;. �nvQ ci�a�, Ala Arh.ar 1l,0. �►.�r 6 dfl�/oo� /cd.s'- a ,t a P 4. describe the hardship that would result if your variance were not granted: -a it t&oa lid 'Ir- t— q d/FP J d u/�- To 14's-e .ftY u•h�� z �.��,��� -,T/f ZU.Sh . C 14.eau t h.na I S a !� A_ C,te—�/Jrr/lA,-Q,4 4L2t-i Gd Tr ��.0 s �t�w J R. rt..1l a_ '� �daA/ �hd r' 4,, h7 ..ef ,2 k2d r/ .1'A Ffs,.e. del(ILa- te,-cL y, T to in Uza5 T /i ��rf'v tl_1e,464 Th-&- 4�C sI h O Ze-A�j aAl iTA/I 15j-U W G-1a srcr, s. . ' w rs�s �iy�l rT� >y r�,0 ,moi i •r%� .2 A&a r,T. 0..2n c h- �f Af C.e 7 a-� - I b l h a a 2 m {i a ar% ll 77x:74 ,5 , t 4n/iy p� W-0,4-0- -an -0,4-e _and 4_n,a � _aah,_. li ryhT ►n��rr I,,,- a� ' � ,IiQacv A4 o 1 3 Sral, . ' h avR L 'Gr1I Ted! u S•Q o P 1A Y L-e 1'f urm a t1cl J*,,/iv t,5 od vi s� it N �nY 4 0 r T Page 12 6 k � � � F � � I � � I � � I c I � b I � _ 3 � O d� `tea � .� � •....1 1 #..�.; -g` ��resA E Page 13 i J V I� Q d l Vr Page 14 I J � q J �a Page 15 • d `A V 'V a� V J n r!F k L C Page 16 untitled To whom it may concern; I am writing this letter to ask if you have any objection to the City Of Oshkosh granting me a variance to put in a driveway behind my garage so that I can access my garage from the alley. I plan on building a new garage this summer and would like my property and driveway to be more in compliance with my neighbors driveways and garage. The reason that I am writing this letter is because T was informed that if my neighbors were willing to sign this letter, Y would stand a much better chance of getting the board to approve my variance. if you look at my back yard right now you can see exactly where the driveway will be put in. The garage that z will be building will be in roughly the same place as it now is. it will be a little bigger than the one I now have. Y thank you in advance for your help and understanding in getting this natter resolved. I will let you know how everything turns out. sincerly, Randy H. Nelson Your signature 12 Your Address 46 a � 2 Ilrr-c1 , Page 1 Page 17 untitled To whom it may concern; I am writing this letter to ask if you have any objection to the city of Oshkosh granting me a variance to put in a driveway behind my garage so that r can access my garage from the alley. i {plan on building a new garage this summer and would like my property and driveway to be more in compliance with my neighbors driveways and garage. The reason that I am writing this letter is because i was informed that if my neighbors were willing to sign this letter, I would stand a much better chance of getting the board to approve my variance. :if you look at my back yard right now you can see exactly where the driveway will be put in. The garage that i will be building will be in roughly the same place as it now is. It will be a little bigger than the one I now have. I thank you in advance for your help and understanding in getting this matter resolved. I will let you know how everything turns out. sincerly, Randy Nelso Your signature \p--7� -- Your Address �CQO( ��[� �o 10rZ `1 -- c� 4F 9 C� Page 1 Page 18 untitled To whom it may concern; I am writing this letter to ask if you have any objection to the city of Oshkosh granting me a variance to put in a driveway behind my garage so that I can access my garage from the alley. I plan on building a new garage this summer and would like my property and driveway to be more in compliance with my neighbors driveways and garage. The reason that I am writing this letter is because I was informed that if my neighbors were willing to sign this letter, I would stand a much better chance of getting the board to approve my variance. If you look at my back yard right now you can see exactly where the driveway will be put in. The garage that I will be building will be in roughly the same place as it now is. It will be a little bigger than the one I now have. I thank you in advance for your help and understanding in getting this matter resolved. I will let you know how everything turns out. Sincerly, Mand jj// Your signature 9>v r-4 BCA r^ +-Q Your Address 1__ 1, e � Page 1. c� J� all 3 ysa A h Page 19 Untitled To whom it may concern; I am writing this letter to ask if you have any objection to the City of oshkosh granting me a variance to put in a driveway behind my garage so that r can access my garage from the alley. I plan on building a new garage this summer and would like my property and driveway to be more in compliance with my neighbors driveways and garage. The reason that I am writing this letter is because I was informed that if my neighbors were willing to sign this letter, T would stand a much better chance of getting the board to approve my variance. If you look at my back yard right now you can see exactly where the driveway will be put in. The garage that I will be building will be in roughly the same place as it now is. It will be a little bigger than the one I now have. I thank you in advance for your help and understanding in getting this matter resolved. I will let you know how everything turns out. si ncerly, Randy H. Nelson Your signature Your Address WL Page 1 a[d�a t \ 1 Page 20 untitled TO whom it may concern; I am writing this letter to ask if you have any objection to the City of Oshkosh granting me a variance to put in a driveway behind my garage so that i can access my garage from the alley. I plan on building a new garage this summer and would like my property and driveway to be more in compliance with my neighbors driveways and garage. The reason that i am writing this letter is because i was informed that if my neighbors were willing to sign this letter, i would stand a much better chance of getting the board to approve my variance. if you look at my back yard right now you can see exactly where the driveway will be put in. The garage that I will be building will be in roughly the same place as it now is. it will be a little bigger than the one I now have. I thank you in advance for your help and understanding in getting this matter resolved. I will let you know how everything turns out. 5i ncerly, Rant' H. Nelson Your signature--- Your Address 31 `r) Page 1 � ? '` � `` ` � Page 21 1314 CATHERINE AVE DOMINICK/JAMIE A STAUB JASON J BEULEN BOA 1319 CATHERINE AVE 2436 OMRO RD 04-11-18 OSHKOSH WI 54902 OSHKOSH WI 54904 BARBARA I KONKEL/RANDY NELSON KOMOROWSKI PROPERTIES LLC KURT BARNARD 1314 CATHERINE AVE 2522 FOND DU LAC RD 1322 CATHERINE AVE OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902 DISCOVERY PROPERTIES II LLC CITY OF OSHKOSH GERALYN A SERAPHINE 230 OHIO ST STE 200 PO BOX 1130 1527 FOX ST OSHKOSH WI 54902 OSHKOSH WI 54903 OSHKOSH WI 54902 Page 22 : X650 145 ' �.r? 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