HomeMy WebLinkAboutItem III PLAN COMMISSION STAFF REPORT MAY 1,2018
ITEM III: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW DOOR
AND WINDOW SIZE REDUCTIONS ON THE FRONT FACADE AT 423 W
9TH AVENUE
GENERAL INFORMATION
Applicant: Valeria Villalobos
Property Owner: Azucena Villalobos
Action(s) Requested:
The applicant is requesting approval of a variance from the City's Residential Design Standards
to allow door and window size reductions on the front fagade at 423 W 911l Avenue.
Applicable Ordinance Provision the Variance is being requested:
Code Reference ReRe r g.dation
Section 30-241(B) (1) Existing window openings on the front facade including gables or the first
20 feet of the side facade (extending from the front facade plane) shall be
maintained and not be closed or filled (totally or partially).
Section 30-241(B) (2) Existing door openings on front or the first 20 feet of the side facades
shall not be closed or filled.
Property Location and Background:
The subject property is a residential lot located at 423 W 911,Avenue and is approximately 7,500
square feet in area.The property contains a 1,496 square foot 1.5 story two-family residential
structure which was built in 1866 according to the City of Oshkosh Assessor website. The
surrounding area consists predominately of single and two family uses,with some
manufacturing uses to the west. The immediate properties on the east,south,north, and west
sides of the subject property are single-family uses with similar scale and architectural
character. The subject property and immediate properties to the north, south, east, and west are
zoned,Two-Flat Residential (TR-10). The manufacturing uses to the west of the site are zoned
Urban Mixed Use (UMU).
The applicant proposes to decrease the size of the first floor living room window. The applicant
also intends to close off a front door currently located on the side wall of the front porch. The
applicant would maintain the other front door located on the porch of the Rouse and widen this
opening.
ITE tf III-123 dY 9Avenae-Design Standards Variance 1
Subject Site
Existing Land Use Zoning
Two-Flat Residential TR-10
Adjacent Land Use and Zoning
Existim Uses Zoning
North Two-Flat Residential TR-10
South Two-Flat Residential TR-10
East Two-Flat Residential TR-10
West Two-Flat Residential TR-10
Comprehensive Plait 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 coitintunity, to ininimtize adverse
impacts on adjacent properties and neighborhoods resulting front areltitectural and building construction
practices that may detract froth 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"Existing door openings on the front or the first 20 feet of the side fagades shall riot be
closed or filled."
The Plan Commission is authorized to grant variances from the strict application of the
standards when it is determined that one or more of the following apply:
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 applicant is requesting a design standards variance to allow the elimination of a door
opening and the size reduction of a window opening on the front facade of the residence at 423
W 9th Avenue. The existing openings to be modified are:
ITEV 111-423 IV 9"Avenue-Design Slandards Variance 2
0 32"x 80" door located within side wall of front porch
0 32" x 80" front door located within front wall of front porch
0 92" x 53" window located in living room on ground floor
The existing openings to be maintained are as follows:
0 58" x 52" Upstairs bedroom opening-replace with same size, same location
0 25" x 60" Kitchen window front of the house-replace with same size, same location
0 28" x 60" Kitchen window(front porch of the house) -replace with same size, same
location
0 30" x 60" Kitchen window side of the house-replace with same size, same location
The applicant would perform the following modifications:
* Remove 32" x 80" door from side wall of front porch and close the opening
* Remove the 32" x 80" front door and install a new 36" x 80" front door(Approximately
a 12.5%size increase)
* Replace existing 92" x 53" living room window with a 60" x 48" window opening
(Approximately a 41% size decrease)
The applicant had considered closing the kitchen window opening on the front porch, but after
discussion with staff, decided not to pursue this in the variance request.
According to the applicant, the closure of one door on the front porch is desirable because the
porch contains two front doors side by side. One of the doors is therefore unnecessary. The
applicant wants to maintain and expand the other front door and center the expanded opening
on the existing door opening. The larger size of the opening would allow benefits when trying
to move items in and out of the house. The applicant also seeks to replace older and outdated
windows on the front and side facades of the house.
Staff evaluated the completed work previously described and the impact on the design of the
home in regard to the purpose and intent of the residential design standards. The standards
relate to preserving the home's architectural integrity and the potential impact on adjacent
properties,the neighborhood character and "curb appeal" of the block. In working with the
applicant, staff considered:
• Potential impact of any proposed modifications on the architectural integrity of the
home
• Limits imposed by the home's existing structure and layout
• Potential impact on neighborhood character
After evaluating the applicant's application and speaking with the applicant, staff is of the
opinion that the proposed door closure, front door size increase, and window area reduction
will not have an adverse impact on the architectural integrity of the front fagade. The front door
ITEM 111-423 W 9'Awnue-Design Standards Variance 3
that the applicant is closing is located on the side wall of the front porch and is less visible from
the sheet than the door the applicant is expanding. The living room window reduction will
bring the size of this opening more in line with that of the upstairs bedroom window opening.
The new living room window would maintain the same centerline as the upstairs bedroom
window. The applicant plans to replace the bedroom windows with new windows and the
applicant would ensure that all windows will have a consistent trim and appearance. The
applicant would employ windows similar or compatible in style and appearance for the
upstairs bedroom and ground floor living room. The applicant plans to replace other windows
on the front and side facades,but would maintain the same sizes and locations for those
windows so a variance is not necessary for the other windows.
RECOMMENDATION
Staff currently recommends approval of a variance from the City's Residential Design
Standards to allow for door and window size reductions on the front fagade with the following
conditions and finding:
Condition:
1. Window and door trim to match color and appearance of the existing windows on the
home.
2. Applicant to install siding in any areas closed (door opening,portions of living room
window opening) in a manner consistent with existing siding on the home. Siding shall
be installed so that it does not have a patchwork appearance.
3. Applicant to center new living room window on the existing second floor bedroom
window opening.
4. Applicant shall ensure that the ground floor living room window(s) and upstairs
bedroom window(s)maintain a similar or compatible style and appearance to one
another. For example, as long as the proposed windows meet building codes and egress
requirements, the applicant could employ side by side double hung windows for the
ground floor living room and upstairs bedroom.
5. Applicant shall confer with the City's Inspections Division to ensure that the proposed
second floor bedroom window replacement(s) comply with any egress and light and
ventilation requirements. (Window opening must be a minimum of 8%of the floor area
of the room).
6. Applicant will maintain all window openings other than that of the ground floor living
room at their current sizes and locations when replacing windows.
Finding:
1. The variance will not be contrary to the public interest because the decrease of
window area will not adversely affect the structure's architectural design, the
neighborhood character, or curb appearance of the block.
ITRM 111-423 IV 9'Awnue-Design Standards Variance 4
Please Type or Prim In BLACK INK PAI
city
OW
CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMATION
Petitioner: \JAU VICK a( Date:
Petitioner's Address; st City: Orm P'o State:WT Zip: 1/7� r
Telephone #: ftO)) 05"'9 (,V Fax: ( p Cather Contact # or Email:
Status of Petitioner(Please Check): (l Owner XRepresentative i_'Tenant -7 Prospective Buyer
Petitioner's Signature (required): I 1 S Date: '5/2 211k
PROPERTY OWNER INFORMATION �
Owner(s): tackoa 4P 11 !2,1 u 0 Date: 312-211
Owner(s) Address: City: t'' I,' State: Zip: ry
Telephone#: (q )3qO- !113 Fax:. [ ) Other Contact # or Email:
Ownership Status (Please Check): Fi Individual ri Trust kpartnership Ll Corporation
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. II also
understand that all meeting dates are tentative and may be postponed by the Planning Services Division for
incomplete submissions or other administrative reasons.
Property Owner's Signature: Date:
SITE INFORMATION
Address/Location of Proposed Project:
ir: yr'
Proposed Project Description: ab
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Current Use of Property: Zoning:
In order to be granted a variance, each applicant must be able to prove,in the judgment of the Oshkosh Plan
Commission,that at least one of the following criteria applies:
1) The intent of the standards have been incorrectly interpreted
2) The standards do not apply to the project p
3) The enforcement of the standards cause unnecessary hardship
a
COM I.�°
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1. Explain in detail your proposed plans and why a variance Is necessary:
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2. Describe how the variance would not have an adverse effect on surrounding properties or
curb appeal of the neighborhood:
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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):
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4. Describe why the intent of the design standards have been incorrectly interpreted (if
applicable);
5. Describe why the design standards do not apply to this particular project (if applicable):
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6. Describe the unnecessary hardship that would result If your variance were not granted (if
applicable);
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DSV CASSANDRA Y BROOKS CRAIG W CALKINS
423 W 9TH AVE 431 W 9TH AVE 417 W 9TH AVE
PC: 05-01-18 OSHKOSH, WI 54902 OSHKOSH, WI 54902
DAVID M HANSEN DENNIS D/KATHLEEN J HUGHES DOUGLAS/PAMELA A TICE
5005 PRAIRIE PL 4046 OREGON ST 422 W 10TH AVE
JOHNSTON, IA 50131 OSHKOSH,WI 54902 OSHKOSH, WI 54902
EXCEL PROPERTIES LLC GILBERT/GERALD P MEISINGER GREGORY J/TERRI L GEI-IRKE
230 OHIO ST STE 200 413 W 9TH AVE 422 W 9TH AVE
OSHKOSH,WI 54902 OSHKOSH,WI 54902 OSHKOSH, WI 54902
JAMES L/LINDA BOURASSA JAMES R RENNERT JENNIFER L DREXLER
W3195 BADGER DR 428 W 9TH AVE 407 W 9TH AVE
PINE RIVER,WI 54965 OSHKOSH,WI 54902 OSHKOSH,WI 54902
JOSE S RODRIGUEZ JULIE A SONNENSCHEIN MARTIN/AZUCENA VILLALOBOS
PO BOX 2145 412 W 9TH AVE 423 W 9TH AVE
OSHKOSH,WI 54903 OSHKOSH,WI 54902 OSHKOSH,WI 54902
NANCY L MILLER ROBERT RIECKMAN ULTIMATE PROPERTIES LLC
406 W 10TH AVE 427 W 9TH AVE PO BOX 190
OSHKOSH,WI 54902 OSHKOSH,WI 54902 WINNECONNE, WI 54986
WATER CITY PROPERTIES LLC WESTPHAL FAMILY IRREV TRUST CAROL J THULL
5377 INLET CT 429 LINDE ST 437 W 9TH AVE
OMRO, WI 54963 OSHKOSH,WI 54901 OSHKOSH,WI 54902
AZUCENA/VALERIA VILLALOBES
447 WALNUT ST
OMRO,WI 54963
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