HomeMy WebLinkAboutItem IPLAN COMMISSION STAFF REPORT NOVEMBER 20, 2018
ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW
Applicant/Owner: Frank and Kim St John
Action(s) Requested:
The applicant is requesting approval of a variance from the City's Residential Design Standards
to allow for size reduction of window openings on the front fagade at 1936 Oregon Street.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-241(B) (1) Existing window openings on the front fagades including gables shall not
be closed or filled (totally or partially).
Property Location and Background:
The subject property is a residential lot located at 1936 Oregon Street and is approximately 7,500
square feet in area. The property contains a 1,874 square foot 1.5 story single-family residential
structure which was built in 1920 according to the City of Oshkosh Assessor website. The
surrounding area consists predominately of single-family uses. The immediate properties on
the north, south, and west sides of the subject property are single-family uses. The property to
the east of the subject site is a two-family residential use. The subject property as well as the
immediate surrounding area are zoned Single Family Residential District (SR-9).
Planning services staff issued a correction notice to the property owner on September 25, 2018
for work done without building permits. The owner closed one window opening and
significantly reduced another opening on the front fagade. The owner spoke with staff and
found out that a design standards variance was required for closure of the window openings.
The owner then submitted an application for a design standards variance on October 11, 2018.
Subject Site
Existing Land Use
Zoning
Single -Family Residential
SR-9
ITEM I-1936 Oregon Street. - Design Standards Variance
Existing Uses
Zoning
North
Single -Family Residential
SR-9
South
Single -Family Residential
SR-9
East
Two -Family Residential
SR-9
West
Single -Family Residential
SR-9
Comprehensive flan band Use Recommendation band Use
2040 Comprehensive Plan 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 the
regulation that "Existing window openings on front facades including gable ends shall not 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 size reductions of 2 previous
windows. The previous windows were:
• 29"x 72"- 2 double hung side by side windows (sizes are just staff estimates)
The applicant closed off one window and installed the following:
® 29"x 39" —1 double hung window (approximately a 73% area reduction)
ITEM I-1936 Oregon Street. -Design Standards Variance
The applicant is proposing to maintain the 29"x 39" window recently installed and install an
additional 29"x 39" window adjacent to the initial window. The applicant's proposed scheme
would include:
29"x 39" - 2 double hung side by side windows (approximately a 46% area reduction
from the original)
According to the applicant, the reason for the original window area reductions and window
replacements was that the original windows were rotted. The owner wanted to save on heating
costs with the reduction of glazing on the facade wall. The owner also believes that because the
room is a closet, two larger windows are not necessary. The owner would like to leave the
small single window. If the single window by itself is not acceptable, the owner would add a
new window next to the recently installed one. The new window would have the same size as
the existing window and establish a uniform look.
Staff evaluated the work recently done and work proposed by the applicant. Staff is of the
opinion that the modifications to the previous window openings had a detrimental impact on
the exterior appearance of the home. Staff believes that the current appearance with one
window on the ground floor lacks the balance of the previous window arrangement. Staff does
not support a variance to leave the window arrangement in its current state. In arriving at a
recommendation staff considered the following:
• Potential impact of the existing modifications on the architectural integrity of the home
• Information from the applicant on the home's existing layout
• Potential impact on neighborhood character
After speaking with the applicant on -site and considering the options internally, staff can
support a variance for window area reductions but does not support the complete closure of
one window opening. Staff is of the opinion that two double hung windows side by side are
preferable to one window in this situation. Staff supports approval of a design standards
variance with conditions. This is a compromise that will not require the applicant to restore the
window openings to their previous sizes but would uphold the intent of the Residential Design
Standards more so than the current single -window arrangement.
RECOMMENDATION
Staff currently recommends approval of a variance from the City's Residential Design
Standards to allow for size reduction of two window openings on the front facade at 1936
Oregon Street with the following conditions and finding:
Condition:
1. Window trim to match color and appearance of the existing windows on the home.
2. Proposed work to meet all applicable residential design standards.
ITEMI-1936 Oregon Street. - Design Standards Variance
3. A window 29"x 39" in size (same area as existing window) shall be installed adjacent to
the existing 29" x 39" window in line with the sill and head of the existing window. This
window shall match the existing double hung window.
4. The design standards variance shall apply only to the two ground floor window
openings applied for and any future front fagade window closures shall be filed as
separate requests subject to Plan Commission review.
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.
ITEMI-1936 Oregon Street. - Design Standards Variance
Please TvDe or Print in BLACK INK ^4
City
A:
CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIG14 STANDARD VARIANCE REVIEW
APPLICANT iNFORMATION
Petitioner: Date:
Petitioner's Address: 19 "?) 6- Or"r W11A -A- State: Zip:
�j - r�� S, City: L)iNku,7
Telephone #: ('0c) Fax:
Status of Petitioner (Please Check):.
Petitioner's Signature (required):
Other Contact # or Email:
o Representative ii Tenant ❑ Prospective Buyer
Date: 1-11
Owner(s):
Date: /c)/ohS,7
Owner(s) Address: 173 b
City:
If
State: k2r-, zip: -3-V , 96�,Q
Telephone #:
1. - Fax:
Other Contact # or Email:
Ownership Status (Please Check): -Individual Li Trust 11 Partnership [I 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 acippinisfrative reasons.
Property Owner's Signature:
Address/Location of Proposed Project:
Proposed Project Description: ii)jn do 10
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Date:
Current Use of Property: A17 ?, J
S f-1 Zoning:
Commission, that at least one of the follo Ing 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
f. 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:
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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Page 6
4. Describe why the intent of the design standards have been incorrectly interpreted (if
applicable): 1 11 1 1, 1.
S. Describe why the design standards do not apply to this particular project (if applicable):
AA02ZTY\ U3 UQ�A CLIN 6 1 A U--UNCkC--w--I
6. Describe the unnecessary hardship that would result if your variance were not granted (if
applicable):
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Page 7
1936 Oregon St - Assessor photo — /7/18
Page 8
ty:
1936 Oregon St - Assessor photo — 5/7/18
Assessor Photo—11/3/15
Page 9
DSV 1922 OREGON LLC BRIAN D VANCASTER
1936 OREGON ST 1010 W 20TH AVE 1937 OREGON ST
PC: 11-20-18 OSHKOSH WI 54902 OSHKOSH WI 54902
DAVID J VIENOLA LANCE J SPENCER MARC S DAVIS/TENNELLE L BRIESE
1921 NEBRASKA ST 1931 OREGON ST 1925 OREGON ST
OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902
MATTHEW J/KATHLEEN C DEDOW RICKEY L/DEBORA BURT RIDGEVIEW INVESTMENTS LLC
1942 OREGON ST 1941 OREGON ST 145 N OAKWOOD RD
OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54904
STEVEN W SPANBAUER TERRY R JENSON FRANK/KIM ST JOHN
1930 OREGON ST 1947 OREGON ST 1936 OREGON ST
OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54902
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the City of Oshkosh assumes no liability for the accuracy of the information. Those using the
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Printing Date: 10/11/2018
Prepared by: City of Oshkosh, WI
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