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HomeMy WebLinkAboutItem I PLAN COMMISSION STAFF REPORT SEPTEMBER 18,2018 ITEM 1: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A NON- COMPLIANT STANDING SEAM METAL ROOF AT 523 W. 41h AVENUE GENERAL INFORMATION Applicant/Owner: Blaire R.Joas Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow a non-compliant standing seam metal roof at 523 W. 4th Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Section 30-241(G) Regulation Standing seam metal roofs in residential districts shall meet the following conditions along with any additional conditions as deemed appropriate by the Director of Community Development or designee. No standing seam metal roofs will be permitted on contributing structures in historic districts,unless such structures historically had comparable standing seam metal roofs. [Created 41111171 (1) The standing seam metal roofing material shall have a low-reflectance finish so as to minimize the amount of light reflected into the sky and windows of adjacent properties. The maximum permitted Light Reflectance Value (LRV) is 35% for metal roofs. Standing seam roofing shall be painted. Galvanized roofs shall not be permitted. (2) Any paint applied to the metal roof panels must be applied to such panels at the factory using materials and a baking or other process that prevents the paint from cracking or chipping though normal wear and tear of a residential roof. Field applied painting of standing seam metal roofs is prohibited. The roof shall not have exposed unfinished metal edges. Standing seam roofs shall be complimentary to the house color and limited in color to greys, browns, dark green or a pale green simulating a copper patina color. Any ice and snow block or shield must match the color of the roof on which it is installed or be complimentary to the color of the roof. (3) The standing seam metal roofing shall have a minimum thickness of 24-gauge so as to minimize the potential for wind and hail damage. ITEM 1523 W.4'Avenue-Design Standards Variance 1 (4) Seam profiles in standing seam roofs for residential properties shall be no greater than 1" for roofs with pitches higher than 4:12, no greater than 1.5" for roofs with pitches between 2:12 and 4:12, and no greater than 3" for pitches less than 2:12. (5) Standing seam metal roofing shall be installed per approved manufacturer's details and instructions. (6) Standing seam metal roofing shall include at least the minimum underlayment required per the manufacturer's specifications or a minimum of 7/16" OSB underlayment if no minimum is specified by the manufacturer. (7) Exposed fasteners or standing seam roof designs that employ exposed metal fasteners are prohibited. Ice and snow blocks or shields must also employ concealed fasteners. (8) Standing seam metal roofing shall meet all applicable building codes. (9) Standing seam metal roofs installed on existing residential construction shall not be constructed over existing roofing materials. Tear offs shall be complete to the roof sheathing. (10) Tin roofs and corrugated metal roofs are prohibited. (11) Standing seam metal roofing shall be maintained in a rust-free state for the duration of the roof's lifespan. Property Location and Background: The subject property is a residential lot located at 523 W. 4f Avenue and is approximately 6,250 square feet in area. The property contains an 876 square foot 1.2 story (Bi-level) one-family residential structure which was built in 1997 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two family uses, with some institutional and commercial uses to the north and mixed commercial and residential uses to the west. The immediate property on the west of the subject property is a vacant lot. The immediate properties on the east and south sides of the subject property are single-family uses with similar scale. The immediate property to the north across 41b Avenue from the subject property is the City of Oshkosh Sanitation Division. The subject property and immediate properties to the south, east, and west are zoned Two-Flat Residential(TR-10). The City Sanitation Division to the north of the site is zoned Institutional(I). The applicant applied for and obtained a permit to re-roof his house. The permit was issued on April 9t", 2018 and was a permit to shingle over one layer of existing shingles on the house. On June 15t, 2018, planning services staff received a complaint from a resident stating that a standing seam metal roof was installed on the house and garage. The resident asked if a permit was obtained for the metal roof and upon further investigation,planning staff discovered that the permit issued was for asphalt shingles. ITEM]523 W.4'Avenue-Design Standards Variance 2 Planning Services staff sent a correction notice to the applicant on June 1St,2018. The correction notice included a July 8th, 2018 compliance date and required the property owner to obtain zoning approval for the standing seam metal roof installed on the house and comply with the standards of Section 30-241(G) (see above). Planning Services staff sent a second correction notice out on August 1St, 2018 since no permit was obtained and no compliance had occurred by the original compliance date. Planning staff then reached out to the applicant upon receiving material information and specifications from the applicant. Staff informed him of his options to obtain a permit and bring the roof into compliance or seek a design standards variance. The owner then chose to file for a design standards variance and submitted his application on August 2nd, 2018. Subject Site Existing Land Use Zoning Two-Flat Residential TR-10 Adjacent Land Use and Zoning Existing Uses Zoning North City of Oshkosh Sanitation Division I South Single Family Residential TR-10 East Single Family Residential TR-10 West Vacant Lot(Residential) TR-10 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 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 standards for any standing seam metal roofing that is installed on existing and new single and two-family residential structures in the City. 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. ITEM 1523 W.4t0i Avenue-Design Standards Variance 3 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 non-compliant standing seam metal roofing on his home at 523 W. 411,Avenue. The original permit issued on April 91", 2018 by the Inspections Services Division was issued for asphalt shingles over existing asphalt shingles. The applicant states that this permit was issued incorrectly and that the permit was supposed to have said "installation of a standing seam metal roof". The applicant paid for materials,labor and had the metal roofing installed over the existing shingles. He stated that this work would not have an adverse impact on the neighborhood because the roof was installed correctly with a ridge-vent on the house. It does not detract from the other dwellings in his opinion. He stated that the roof was properly secured to withstand high winds and that it would not cause damage to other houses. He stated that he is retired, living on a fixed income and cannot afford to re-roof. He spent the money that he had saved on the present roof. He explained that his health is not good and that he planned on selling the property to move into a facility where he would not need to do any more upkeep. 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: • The new ordinance regulating standing seam metal roofs on single and two-family residential construction in the City • The work was already done without a permit • Previously prohibited nature of standing seam metal roofing • Input from other property owners After evaluating the petitioner's application and completed work, staff is of the opinion that the Plan Commission should deny the variance. Standing seam metal roofing was prohibited on single and two-family residential structures from January 1st, 2017 through April 30th,2018. The City Council adopted the ordinance amendment permitting standing seam metal roofing at the April 24th, 2018 Council meeting. The applicant obtained a permit on April 9t',, 2018 and would not have had the ability to obtain a permit for the installation of a standing seam metal roof. ITEM 1523 W.4'Avenue-Design Standards Variance 4 The product was installed earlier this year during a time when such roofing was prohibited for single and two-family residential applications in the city. Therefore,no nonconforming status or grandfather clause applies. Since the previously prohibited nature of standing seam roofs meant no previous ordinance benchmark existed, staff examined the installed product and its conformity with the current standing seam ordinance (mentioned earlier). The applicant installed a highly reflective, 29 gauge roofing product with exposed fasteners over the existing asphalt shingles on his home. The installed product conflicts with several ordinance provisions: ® Ordinance requires the roofing to have a maximum Light Reflectance Value (LRV) of 35% or less. Staff has not yet been able to determine the LRV of the installed roofing but the roof is a lighter color high reflectance finish that appears to not meet the ordinance. ® Ordinance requires a minimum thickness of 24 gauge for the roofing. The installed product is 29 gauge (thinner than permitted). ® Ordinance requires concealed fasteners. The installed product employs exposed fasteners. ® Ordinance stipulates that the previous shingles be stripped off and the new metal roofing be installed over a minimum 7/16" OSB underlayment. The product was installed directly over existing asphalt shingles. Additionally, a resident stated that other property owners in the City are required to follow standards and proper procedures for obtaining permits and believed that the requirements should apply equally to the applicant in question here. RECOMMENDATION Staff currently recommends denial of a variance from the City's Residential Design Standards to allow for non-compliant standing seam metal roofing at 523 W.4f Avenue. Finding: The variance is not defensible because the original permit was not issued for standing seam metal roofing, the standing seam metal roofing was illegal at the time the permit was issued and the installed product conflicts in several ways with the provisions of the current standing seam ordinance. ITEM 1523 W.4'Avenue-Design Standards Variance 5 Please Type or Print in BLACK INK c;tot CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: TDate: -w f)e'°m Petitioner's Address: ity: �` State: Zip: C Telephone #: ( X33- F x: ( Other Contact # or Email: Status of Petitioner (Please Check): 4 Owner ❑Representative ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: _ PROPERTY OWNER INFORMATION Owner(s): Ire Date: Owner(s) Address: City: -� State: Zip: Telephone #: ( ax: ( Other Contact # or Email: Ownership Status (Please Check): •Individual Xrust [] Partnership L 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. 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. Property Owner's Signature: ® Date: SITE INFORMATION Address/Location of Proposed Project: f � �® Proposed Project Description: 0 Current Use of Property: 0 iv F 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: (17 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 6 1. Explain in detail your proposed plans and why a variance is necessary: 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: 17 �° do I'p— -1-- 0 n c- 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): P!v P Z! ZZ Ll- � Page 7 . Describe why the intent of the design standards have been incorrectly interpreted (if applicable): X24ZZ z2o-�- t4-2 t - C/ - `7�_ W q � t n k- p 5 0 7� ® S ae- O / 5. Describe why the design standards do not apply to this particular project(if applicable): i'l 5 Y® l v D� �� 6. 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