HomeMy WebLinkAboutItem II PLAN COMMISSION STAFF REPORT JUNE 19,2018
ITEM II: DESIGN STANDARDS VARIANCE TO ALLOW CONSTRUCTION OF A
REAR ADDITION WITH MATERIALS NOT SUBSTANTIALLY SIMILAR
TO THE EXISTING BUILDING AT 914 E MURDOCK AVENUE
*This item was Jaid over from the June 51h, 2018 itteethig.
GENERAL INFORMATION
Applicant: Howard Floeter
Property Owner: Zana Heman, Neyaz Heman, Gotear Mohammed Salih
Action(s)Requested:
The applicant is requesting approval of a variance from the City's Design Standards for the
construction of a rear addition with materials not substantially similar to the existing building
at 914 E Murdock Avenue.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-240(B)(2)(a) All additions shall match or be substantially similar to the design
and materials of the existing building.
Property Location and Background:
The subject property is a commercial lot located at 914 East Murdock Avenue and is
approximately 7,500 square feet in area.The property contains an 896 square foot 1 story
commercial structure which was built in 1954 according to the City of Oshkosh Assessor
website. The area to the south consists of single and two family uses. Some commercial and
institutional uses he to the east and west. The area to the north consists of commercial and
multi-family residential properties. The immediate properties on the north, east, and west are
zoned Urban Mixed Use (UMU) and the property to the south is zoned Duplex Residential (DR-
6).
The applicant proposes to construct an addition on the rear of the building to house equipment
(a brick oven) associated with the business. The applicant intends to free up floor space in the
existing building for the business. The new addition would consist of masonry and metal panel
construction.
Subject Site
Existing Land Use Zoning
Urban Mixed Use UMU
ITEM 11-914 S Murdock Avenue-Desrgn Standards Variance �
Adjacent Land Use and Zoning
Eacistin Uses Zoning
North Urban Mixed Use UMU
South Duplex Residential DR-6
East Urban Mixed Use UMU
West Urban Mixed Use UMU
Corr! rehensive Plan Lally Use Recommendation Land Use
10 Year Land Use Recommendation Commercial
20 Year Land Use Recommendation Commercial
VARIANCE CRITERIA
The City's Zoning Ordinance establishes design standards for new construction with the overall
purpose/intent to:
"regulate the design and materials used for the exterior of buildings and structures with the City so as to
maintain and enhance the attractiveness and values of property in the comniiniity, emphasize
architectural and urban design principles of human scale and visual interest."
The standards apply to all new construction within the City and include the regulation that"All
additions shall match or be substantially similar to the design and materials of the existing bididing."
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
Plan Commission laid over the initial request on 6/5/18 due to concerns regarding the aesthetics
of the addition and materials proposed. Staff and the applicant were asked to work together to
make revisions to the original proposal.
The applicant is requesting a design standards variance to allow the construction of an
approximately 8' x 9' addition on the rear facade. The east facade of the new enclosure would
be constructed of cinderblock consistent with the rest of the building. The north and west
facades of the enclosure would be constructed of cold rolled steel and panels.
ITEM If-914 F.,Murdock Avenue-Design Standards Variance 2
According to the applicant, the addition would house a brick oven owned by the business. The
addition would free up space in the original building for other purposes. The applicant states
that the addition requires non-combustible materials, The applicant feels that the City's
applicable design standards ordinance will place a cost hardship on the owner and prohibit the
owner from using construction that can be disassembled to change equipment out(access the
oven) in the future.
The applicant states that the area already has several commercial businesses with varying
architectural elements and degrees of conflicts. The enclosure would not introduce noise or
fumes to the area.
The applicant would like to do a complete cold-formed steel enclosure and cladding for fire
resistance and to allow for the changing of equipment if needed. If this is not permitted, the
store would have to discontinue its bakery according to the applicant.
Staff evaluated the proposal previously described and the impact on the design of the building
in regard to the purpose and intent of the design standards, The standards relate to preserving
the building's architectural integrity and the potential impact on adjacent properties, the
character of the area 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
building
• Limits imposed by the building's existing size
• Potential impact on the block's character
After evaluating the application and speaking with.the applicant, staff is of the opinion that the
addition as currently proposed would have a detrimental impact on the architectural integrity
of the building. The current building is constructed of cinderblock and is arguably of little
interest architecturally,but the proposed metal panels are not substantially similar in
appearance with the existing building. The panels appear to have an agricultural or industrial
aesthetic and staff believes that they will detract from the current appearance of the building.
The applicant proposed using cinderblock for the east fagade of the addition. The east fagade is
the most visible from Grove Street,but the north fagade will also be visible from Grove Street
depending on an observer's angle. Staff spoke with the applicant and asked the applicant to
explore other alternatives to the metal panels he was considering. The applicant said that he
would consider alternative materials.
On May 29111,2018, the applicant followed up with staff and explained that he would like to
employ exposed fastener ribbed metal panels (similar to what was originally proposed). He
cited the requirement for non-combustible coverings and for the easier disassembly of exposed
fastener construction. Staff is willing to work with the applicant on finding another alternative
panel system. Staff believes that the applicant has other options for accommodating the
ITE 111I-911 E Alurdock Avenue-Design Standards Variance 3
anticipated future replacement of the oven. A larger sliding garage door or other door type
could allow the necessary access to the oven without the need for disassembly and reassembly.
At the June 51h, 2018 Plan Commission meeting staff presented the applicant's proposal to the
Plan Commission. The Plan Commission asked staff and the applicant to work towards a
proposal that could meet the owner's needs while incorporating aesthetic considerations. City
staff agreed to work with the applicant and followed up with the applicant both the week of the
June 51hPlan Commission meeting and on June lith around 9:00 am. Staff left a voicemail and
asked the applicant to submit the revised proposal by the end of the day on June 121h so staff
could revisit their recommendations and include any revisions in the Plan Commission
materials for the June 1911'Plan Commission meeting. The applicant did not submit any
revisions by the prescribed deadline, staff continues to recommend denial of the design
standards variance.
RECOMMENDATION AND FINDINGS
Staff recommends that Plan Commission deny the variance request with the following findings:
1. The addition as proposed will have a detrimental impact on the architectural appearance
of the building and that the variance criteria described previously do not apply at this
time.
2. Staff has attempted to work with the applicant to find an alternative panel or cladding
product but the applicant wants to employ the ribbed metal panels previously
mentioned for two exterior facades of the addition.
ITEM 11-914 E Nturdock Avenue-Design Standards{'ariance 4
Please Type or Print in SLACK INK fAl
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CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMAT[ON
Peiitioner: �16 W A C [ Lo C Tr=y _ Date: —3
Petitioner's Address:-P 0 box 9 0 3 City: "' G State: W/ Zi S
p:
Telephone #: (Yeo ) Y�& —7472. Pox: (720 ) ?2-9-OZ7 7 Other Contact # or Email: 065161AJeOe 7-0!-, IY i
Status of Petitioner (Please Check): Owner (Representative Tenant Prospective Buyer
Petitioner's Signature [required); Date:
PROPERTY OWNER INFORMATION
Owners}: l'-ryhQn3ne��Sci'i l„ Date: 24- 0-18
Owners}Address:_ER113 �� f�,e I l e City: State:JJ Zip: r' Q(
Telephone#: ( i#1q) Fax: ( ) Other Contact #or Emoil:
ZZOWhPMJ2 6D tsr440n cam
Ownership Status (Please Check): Individual Trust 1 Partnership i Corporation
Property Owner Consent:(required)
By signature hereon,I/We acknowledge that City officiols 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. I also
understand that all meeting dates are tentative and may be postponed by the Planning Services Division for
incomplete submissions or other administrative reasons.
Properly Owner's Signature: 77�> n Date: � d
SITE INFORMATION
Address/Location of Proposed Project:
Proposed Project Description: C Q S AU5!L tJ 1p� k ur -fV L-O llf1 j L7 l�75 CE
rQ/G rC C)V
Current Use of Prop": G;�v c F72 y �T O A,!� Zoning: C_ - Z•
in order to be granted a variance,each applicant must be able to prove, in the Judgment of the Oshkosh Plan
Commission, that of 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
3) The enforcement of the standards cause unnecessary hardship
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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
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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):
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S. 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
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DSV GARRETT M HERZIG MARY J KOHLBECK
914 E MURDOCK AVE 909 E MURDOCK AVE 1810 EVANS ST
PC:06-05-18 OSHKOSH WI 54901 OSHKOSH WI 54901
OSHKOSH HOUSING AU'T'HORITY TERRY L RUCKS ARTAG SHORE VIEW PROPERTIES
PO BOX 397 600 W PACKER AVE APT 307 LLC
OSHKOSH WI 54903 OSHKOSH WI 54901 1823 GROVE ST
OSHKOSH WI 54901
HOWARD FLOETER ZANA &NEYAZ HEMAN/GOTEAR
PO BOX 983 SALIH
FOND DU LAC WI 54935 5203 S CAMELOT LN
MILWAUKEE WI 53221
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