Loading...
HomeMy WebLinkAboutItem IV PLAN COMMISSION STAFF REPORT JULY 17, 2018 ITEM IV: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW CONSTRUCTION OF A PATIO IN THE FRONT YARD AT 1215 GEORGIA STREET GENERAL INFORMATION Applicant/Owner: Benjamin Schissel Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow construction of a patio in the front yard at 1215 Georgia Street. Applicable Ordinance Provision the Variance is being requested: Code Reference Regulation Section 30-241(C)(2) Decks,balconies, and patios shall be constructed only on a building's rear or interior side facades. Property Location and Background: The subject property is a residential lot located at 1215 Georgia Street and is approximately 5,000 square feet in area.The property contains a 1,192 square foot 1 story single-family residential structure which was built in 1926 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single family uses, with an institutional use to the south and South Park to the east. The subject property and immediate properties on the north, south, and west sides of the subject property are single-family uses. The subject property and immediate properties on the north, south, and west are zoned Single Family Residential 9 (SR-9) and South Park to the east across Georgia Street is zoned Institutional (I). The applicant approached Planning Services staff regarding the possibility of constructing a patio on the subject property. The principal structure is situated closer to the rear lot line than it is to the front lot line. Staff and the applicant realized that the placement of the principal structure on the lot would not afford enough room for a patio that could be usable and comply with SR-9 required setbacks. The applicant proposed a scheme that would include a patio and landscaping in the front yard and face South Park. Subject Site Existing Land Use Zonin Single Fan-dly Fan-dlResidential SR-9 ITFAI IV 1213 Georgia Street-Design Standards Variance 1 Adjacent Land Use and Zoning Existin Uses Zoning North Single Family Residential SR-9 South Single Family Residential SR-9 East Institutional(South Park) I West Single Family Residential SR-9 Comprehensive Plan 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 coinrnarnity, to minimize adverse iinpacts on adjacent properties and neighborhoods resulting fi•oin architectural and building construction practices that pray detract frons 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"Decks, balconies, and patios shall be constructed only on a building's rear or interior side facades." The flan 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 construction of a patio in the front yard of the property. The principal structure is located close to the rear lot line, affording the property little rear yard. The applicant has about 16-17 feet of rear yard and a bit of area in the rear yard on the southwest corner of the site created by a jog in the house's massing. Conversely, the siting of the principal structure affords the property a much more generous front yard. The front of the principal structure is set back over 30 feet from the sidewalk. ITEM IV-1215 Georgia Street-Design Standards Variance 2 The petitioner explains in his application that he has little space for the proposed patio in the rear yard. Additionally,he states that he does not have any decks, patios, or any outside space for relaxation on the property currently. He would add the proposed patio and remove an existing concrete walk from the front yard. The applicant explains that he is not adding new impervious surfaces but moving the existing footprint of these areas. The subject property is across the street from South Park and there are no neighbors directly across from the property. The neighbor to the south faces Osborne Street and would have limited views of the proposed front yard patio. The applicant mentions that he has spent months trying to ensure that the proposed patio is visually appealing. The proposed patio plans include a stepping stone pathway and a large area proposed for landscaping. The landscaping would break up the patio and soften some of the edges of the paving. The proposed design will be located out of the required front yard setback. 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 the proposed front yard patio on the neighboring properties and curb appeal of the block • Limits imposed by the lot's existing layout • Presence of South Park across the street After evaluating the petitioner's application and site plan, and discussing the proposal and variance internally,staff is of the opinion that the proposed patio and landscaping will not adversely impact the curb appeal of the subject property or neighborhood beyond. The applicant makes a compelling argument that the rear yard affords very little usable space for the installation of a patio or recreational feature. An SR-9 property requires a minimum rear setback of 25 feet for principal structures. The existing house is nonconforming as far as the rear yard setback is concerned. According to Section 30-114 (E)(3) and Section 30-114(F)(1) of the Bulk Standards,uncovered patios that are no greater than 12 inches above the established grade may run up to 3 feet from the side lot line and 20 feet from the rear lot line. Despite these provisions the placement of the house on the property affords the applicant little usable space in the rear yard. Staff considered the presence of South Park as an important amenity across the street. As previously described, the ordinance typically requires that decks,balconies, and patios be constructed on a building's rear or interior side facades. Section 30-241(C)(2)(a) and Section 30- 241(C)(2)(b) only afford exceptions for lots that are double-fronted-through-lots, Iots with public alley frontage, or secondary street frontage of a corner lot if the patio faces an amenable feature of the neighborhood such as a lake or park. The subject property does not fall into any of these categories and the standards do not by themselves afford any relief. However, staff recognizes ITEM IV-1215 Georgia Street-Resign Standards Variance 3 that the patio will face South Park and with the applicant's proposed landscaping, has the potential to enhance the curb appeal of the property. The patio would be situated outside of the front yard setback and staff does not foresee any vision issues or detriments to the subject property or curb appeal of the neighborhood. RECOMMENDATION Staff currently recommends approval of a variance from the City's Residential Design Standards to allow for the construction of a patio in the front yard at 1215 Georgia Street with the following conditions and finding: Condition: 1. Patio shall be located outside of the required front and side yard setbacks. 2. Existing front concrete walk shall be removed during construction of new patio. 3. Patio shall be at grade. 41 Applicant shall install landscaping as mentioned in the application and shown on the proposed site plan. 5. Work shall be started within b months of variance approval and completed within one year of approval. Finding: 1. The variance will not be contrary to the public interest because the installation of the front yard patio will not adversely affect the structure's architectural design, the neighborhood character, or curb appearance of the block. ITEHIV-1215 Georgia Street-Design Standards Variance 4 Pleose Type or Print in BLACK INK ^A ciiy Owl CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: k.), Date: CC) Petitioner's Address: City: oS State: \&J Zip: Liqib Telephone #: 6­71- 'L(o23 Fax: ( Other Contact # or Email: Status of Petitioner (Please Check): ;Owner IJ Representative n Ten nt D Prospective Buyer Petitioner's Signature (requrred): Date: PROPERTY OWNER INFORMATION Owner(s): k C,VN, Date: Owner(s) Address: 12.k Li. a.(�4 1,A ��4_ —city: cAkkc)Sd State: UJ zip: Z. Telephone #: (c12o) 5_73 - ?23Fax: ( —Other Contact#or Email: Ownership Status (Please Check): X Individual i-ITrust []Partnership nCorporation Property Owner Consent:(required) By signature hereon, ]/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. i also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative re sons Property Owner's Signature: Date: SITE INFORMATION Address/Location of Proposed Project: Proposed Project Description: r� _4 Current Use of Property: Bt��R,12�t\­?A\ 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 3) The enforcement of the standards cause unnecessary hardship Page 5 t Explain In detail your proposed plans an why avarioncene necessary: o , _ . i. _. k. ',... .. ...„ 4 W '� ��uwd p,'nM yxr 0„., p^,•^ .rM 1 Quc ,.s' �"}�, �� WW m .b — w. ..,a ^^ � a. ,•.� ` ,,.., y, " •. a�k 'b,�� '� y ,,,, ",_, °• '^ ^` w,,, �l° fid' .. 2. Describe haw the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: k ^ ;'y C ° V —' Ri r x T �.W 9 1 FI k mw OOuu Pr ro wn. p Describe In detail the materials and construction methods that the proposed praj�ect wa�u use. Attach any supplementary information Including, but not limited to, material data sheets, product Information, supplemental hats raphs, elevation plans) and site plan(s): CV-" I OOV CAI Ct. -�2-c-x- \J\�C).. C�� wa t) . „ _... .M C' �M V C ("'Al P4 e 6 .. . .. (: a � k- 4. Describe why the intent of the design standards have been incorrectly interpreted (if applicable): Xn� a. CAK(edckv'A w:) w 00 5. 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): Nkma P VS Page 7 1 r , ■ \ I IsmEM Is.}` 1 IM® � 'I®NINNNS$ .r 1 IiEmu R a 1 II ®MaIrm mammon Mu 0 r I - F A11 III, Nsm «z N \` [Mg M 15-il 0" ® NNI—P RE MOWN 310 s ' ( . r y i4iWNISTOn .4 mom w mom ti.v,vas^ rael: ea=?c FI 6:"—7!r s"�srms.:•�2. i-:e ltl.0l st x- r.:,4_ f' _-� .3�!+.P467,7ML^LrGF --�-. :wO Ov3O3IRQQM®�1lEN� = ` a 0� ��rrr�rlr�rM.�n+s�s���w�u��� �w��rs�u�r���l.uic■��r.r ��� DSV DANIEL F WOJCIECHOWSKI DARREN KUMBIER 1215 GEORGIA ST 1207 GEORGIA ST 810 OSBORN AVE PC:07-17-18 OSHKOSH WI 54902 OSHKOSH WI 54902 ELMER LEVINE JEFFREY J MEINEN JEFFREY S DAI-1LBERG 1211 GEORGIA ST 804 OSBORN AVE 12606 W MEADOW LN OSHKOSH W154902 OSHKOSH WI 54902 NEW BERLIN WI 53151 JOHN M CURTIS LANCE R STRATTON STEPHEN AIJOAN SCHEM FE LIFE ESTATE 822 OSBORN AVE 811 W 12TH AVE 717 MAPLEWOOD RD OSHKOSH WI 54902 OSHKOSH WI 54902 OMRO WI 54963 WADE WARA CITY OF OSHKOSH BENJAMIN R SCHISSEL 2217 INDIAN POINT RD PO BOX 1130 1215 GEORGIA ST OSHKOSH WI 54901 OSHKOSH WI 54903 OSHKOSH WI 54902 Page 9 7 847 837 839 827 82, 18151I Ell. 93 g a ❑ q s3.a via [ 57V spa wv sav s,u L15 SJ.Q W? 5)V S'tO 91Q `)rfJ. E'i0 i Is i 'o b � L {� 836 830- 824 82 Wy W-12TH-Au cq QN � 1 $4 9, 2 21 F1 71 F81 11 ED 0 0 �b ti 7 F. 414 - - FOV d50' SiS N - I ssl Is 8 840 h O 2 810 i fma 'N OSBORN,AV sa ai• ;y;_s. 839 LI � A w. cin ■ - � s ,s2or a 0 Q 3,a s• r m EV.Io nv � cfia I ; i � S�1T�� � y 11n=0.02n11 ry 1in=120 ftp City of Oshkosh maps and data afe intended to be used for geteral'rdenAca6m purposes only,and C'iY u the City of Oshkosh assumes no liability for the @ccufacy of the infonation. Those using the Printing Date:6115/2018 information are responsible for verifying accuracy. For full disda�mef please go to Oshkosh 4,nw,.ci.oshRosh.vj.us�GiShcscalmer Prepared by,City of Oshkosh,WI TGIS1Flanning+Plan Ccmmissi 7m Site Flan Map Temp!a`.elFfan Gomm sson Siie Flan Map TempV.T' 1 O User.minak ` NMu f NMu t v f4 , Ail Uu 4 li 1 3 SR-9 �N R-20 I vv -'--I I I i a� 1 l I 1 - Hl m , _-. li MR-20 , -- uMu; A NMu �I TR�10 SR-5 1E y SR-5 MR=12-PD SR-9 MR-12 1 : TR�10• i LV� i NMu ii i I 11 L31 1in=0.09 mi N 1 in=500 ft � City of Oshkosh maps and data are Mended to be used for general iderAkabon purposes Only.and ~J the City of Oshkosh assumes no liab3ity for the accuracy of the information. Those using the Printing Date:611512018 1 information are responsibe for verifying accuracy. For full disdalmer please go to vAyvr.d.oshkosh.vtl.uslGISdudaimef Prepared by: City of Oshkosh,WI Oshkosh TGISPIanniTI Plan GOMMsrs:4n Sife Pian Map Temp!atoPlan Gomm<ss[on Site Flarm Map Templa:e.mzd User.minak Page 11 r. �a r. r� 3 s✓7 "�`. r_ /✓ Y„,�,,,.:y »�d�'h" � r ass Irl �'��.� `j 9,.r '`.Yx'z�`..,r��''�'��^^'i?r'T�`� +` 7 L. r A . �. .. .°.°. a f =J✓ lin=0.02mi 1 lin 100 ft City of Oshkosh maps and data are intended to to used fof general Identification purposes onty,and the City of Oshkosh assumes no fah 4 for the accuracy of the information, Those using the Printing Date:6/1512018 nbrmation are r�pcnsib".e for verifying accuraacy.. For full clisclamer please go to h�SkaSh vA5vr:ci.oshkosh.wi.us/GIWsd mef Prepared by:City of Oshkosh,WI 0s i i 1 Jh &FlanningTlan Commise:on Site Pian Map Temp?atelfan Commission Site Pan Map Tempfate.nxd User.minas Page 12