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HomeMy WebLinkAboutItem II PLAN COMMISSION STAFF REPORT APRIL 16,2019 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA REDUCTIONS AND CLOSURES ON THE FRONT FACADE AT 2038 ROOSEVELT AVENUE GENERAL INFORMATION Applicant/Owner: Jesse Williams Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow window area reductions and closures on the front facade at 2038 Roosevelt Avenue. Applicable Ordinance Provision the Variance is being requested: Code Reference Re lu ation 30-241(B)(1) Existing window openings on front facades including gables shall not be closed or filled. 30-241(D)(6)(b) A front facade must have a minimum of 25 percent of its wall space devoted to window or door openings. Property Location and Background: The subject property is a residential lot located at 2038 Roosevelt Avenue and is approximately 12,510 square feet in area. The property contains a 1,200 square foot 1.1 story (1 story with attic) one-family residential structure built in 1951 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two-family residential uses to the north, south and east, with the cemetery to the west. The immediate properties to the north are single-family residential,to the south is two-family residential, to the east is a vacant lot and to the west are a vacant lot and a single-family residential property. The subject property and immediate properties to the west and south are zoned Urban Mixed Use (UMU), the immediate properties to the north and east are zoned Single Family-9 Residential (SR-9). Planning Services staff sent a correction notice to the property owner on February 6ffi, 2019 after becoming aware that the owner had closed off front window openings without obtaining a permit. A number of windows were reduced in size and some windows were removed entirely. The property owner obtained a siding permit on July 5ffi, 2018 but the permit did not include window or door modifications. The initial 30-day correction notice required that the property owner obtain a permit or restore the windows to their original sizes by March 6ffi, 2019. Planning staff had a phone conversation with the owner and explained that a design standards variance was required for closing off front windows. Planning staff referred the applicant to Inspections also to address potential building code issues. The property owner then filed an application for a design standards variance around February 191h, 2019. ITEMII2038 Roosevelt Avenue-Design Standards Variance I Page 1 Subject Site Existing Land Use zoning Single-family Residential UMU Adjacent Land Use and Zoning Existing Uses Zoning North Single-family Residential SR-9 South Two-family Residential UMU East Vacant Lot (Residential) SR-9 West Single-family Residential/Vacant Lot UMU Comprehensive Plan Land Use Recommendation Land Use Neighborhood 2040 Land Use Recommendation Commercial 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 front facades of these structures. Standards require property owners to maintain window and door openings. The standards also require that a minimum of 25 percent of the front facade area consist of window or door openings. The intent of both applicable ordinance standards is to maintain some architectural integrity and prevent the creation of blank, monotonous front facades. 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. ITEMII2038 Roosevelt Avenue-Design Standards Variance 2 Page 2 ANALYSIS The applicant is requesting a design standards variance for work that was completed without the required approvals and permits. Staff is not clear on what the previous window sizes were before the work was completed. The front facade previously included seven (7) windows and an entry door with a porch stoop,railing and overhang. The facade now includes four (4) windows, with an entry door and a wood entry platform. The applicant closed off a number of windows and shifted/reduced the sizes of others. Additionally, the front overhang was removed and the entry door shifted. The applicant explained that he replaced the windows because the window frames were rotten. The windows were single pane glass and were leaking. The bathroom window (on the first floor) was made shorter because the toilet is right beneath it. The double window upstairs was converted to one window because the ceilings slant upstairs and furniture would not fit with the previous windows there. The window that was above the previous entry overhang was a stair window and was closed off because it was a safety issue according to the applicant. He stated that he installed nicer windows and new siding to ensure that the house looked attractive. He mentioned that he spoke with a number of his neighbors and they thought the house looked attractive. 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 ordinance sections and their intent-namely to prevent blank,monotonous front facades • The work was already done without a permit • Information provided by the applicant during the process After evaluating the petitioner's application and completed work, staff is of the opinion that the Plan Commission should deny the variance. Staff did not have information on what the total previous window and door area was on the front facade. The applicant did provide the sizes of the new windows. Staff ran calculations after estimating the area of the front facade and new windows and door area. The new windows together comprise around 6 percent of the front facade area. The new windows together with the front door comprise around 7.5 percent of the front facade area. In both cases the window and door area is well below the required 25 percent facade area. The applicant did the work without permits and other building code related issues may exist. The completed work disrupts the balance of the front facade. The windows are a number of different sizes and there is no continuity in their spacing, size or sill heights. This is likely due ITEMII2038 Roosevelt Avenue-Design Standards Variance 3 Page 3 to the differing nature of the rooms in which they are located. The new window on the left when looking at the facade is a 34"x48" living room window, the center window is a 26"x36" bathroom window and the window to the right is a 30"x48"bedroom window. The window on the second floor is a 34"x48"bedroom window. Upon closing off and reducing a number of previous window openings, the applicant did not provide any additional exterior enhancements to meet the intent of the Residential Design Standards. Ordinance does allow for closing or reducing window area in stairwells and bathrooms,but staff would like to see more of a willingness from the applicant to work towards an acceptable solution. The applicant has not made himself available to discuss ideas with staff. Currently staff cannot recommend approval of the variance request. Approval of work done without a permit done as-is without additional enhancements will set a precedent for future similar scenarios and undermine the intent of the Residential Design Standards. RECOMMENDATION Staff currently recommends denial of a variance from the City's Residential Design Standards to allow for window area reductions and closures on the front facade at 2038 Roosevelt Avenue. Finding: The variance is not defensible because the work was done without required permits and conflicts with the intent of multiple ordinance provisions previously mentioned. ITEMII2038 Roosevelt Avenue-Design Standards Variance 4 Page 4 Please Type or Print in BLACK INK AM City of%: CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION Petitioner: �2 5�� w ` 1 c� S Dater Cl` ' Petitioner's Address: ,b 3 �v` .V I l City: State:U-T Zip: Telephone#: (� ) t j��© , Fax: ( ) Other Contact# or Email: Status of Petitioner (Please Check): Owner ❑ Represe Live ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: PROPERTY OWNER INFORMATION ,f Owners): s C'.`�5 e �' (C�►�i Date:C�N' I y 9 Owner(s) Address:A03 Z� OU`� �' J� City: JL � State:01 Zip: 0 Telephone#: (QlaO) 4ao -I q,52IN Fax: ( ) Other Contact# or Email: Ownership Status (Please Check): N Individual ❑Trust ❑Partnership ❑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 othe dm in'strative real Property Owner's Signature: Date: 6;,7 SITE INFORMATION Address/Location of Proposed Project: av � ROO a 4i I ff Proposed Project Description: 0 kG LV 0 W 5 0,kv\ p OCQPA I'" CA Q Lo i ���(Ai", Current Use of Property: 0 A e- 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 1. Explain in detail your proposed plans and why a variance is necessary: -I If V , 4o I I e. I S r c '� In a) r The- o ul)e- Lk-)i YZ ci O LQ C'CO S 41 rs w a'S� �b O n o-- ', ►2 v t9.> C�et���Q- 1 C,k1i VI S)Q Lei b Lk i l l� ke.. 61 o w) r d 6 w he kc,+ (.c 7c� o� C¢ 41� tr Gc� a So �F i 5 `� S yc 4k koAo i r k " 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: mo kv-- e, e. o s <J i O( )OO K n i e� b o rs o/ i A 4 k- w I e 1�� aLX o 0 k ;- `5 DiLce c' hr Oaf a,M :z uj& L�±�J -+o inke- -75twQ-, C::weq1h (Ac4 r)+)'n LA Lu 1 o o K., n i o--o— 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): t-AP- �d r!A v >1 � I I CA cn ergv ,� r O'C'�I'� w iAdoQJ 4�A Ja ke rl o (u(k6 Led 1 r'l a cf-A'� 4 6�y) S d12d V-) � LU Cks '► ns�.(�-a-► o�_r�l�s�-�.�bra��� , � ��.�-I-� � �.I. f� -�- Page 6 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): 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): V c ( E' etui fY Ve-ru ) o,rc ()A(!�-ke Page 7 y a + �t + \ J 1` r J' Page • DSV ARIC M/REBECCA K ANONICH BRIAN/CHRISTINE ENGEBRECHT TRUST 2038 ROOSEVELT AVE 1205 PHEASANT CREEK DR 8815 28TH STREET CT PC: 04-16-19 OSHKOSH WI 54904 MILAN IL 61264 COOGAN&BENDERS LLC/SCRAPPYS LLC DAVID L/CYNTHIA A GRUSE HELEN E VOLP 1537 FAIRLAWN ST 2006 ROOSEVELT AVE 1130 N WESTFIELD ST APT 2208 OSHKOSH WI 54902 OSHKOSH WI 54901 OSHKOSH WI 54902 JESSE J WILLIAMS MARALEE J HAMILTON MARY ELLEN BINDER 729 DIVISION ST 2015 ROOSEVELT AVE 2011 WILSON AVE OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 PETER J SAMIDA SCOTT A/LISA H HUTCHINSON TK COMMERCIAL INVESTMENTS LLC 2031 WILSON AVE 2021 WILSON AVE 1934 ALGOMA BLVD OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 TOWN OF OSHKOSH TOWN CLERK JESSE J/SAMANTHA E WILLIAMS 2038 ROOSEVELT AVE 1076 COZY LN OSHKOSH WI 54901 OSHKOSH WI 54902 Page 9 N N -aIVINOHESTE -Au LA25-0 0' 112 S6 33' /4 31' y. 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For full disclaimer please go to Printing Date:3l5/2019 {� E., C� www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI Oshkosh J J1GISRanningRan Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd User:minak Page 10 ---- MR=12-PD F 17 MR=12 i J �., DR-6 i 0 O I SR.3\ -SR-5 Et P '"MR-12=PD 41 1 _ _...... -- : ......... ..... UMU k— _ ......— MR-12-PD ...... .............. �IE 11 ....... ............. - ......... ............... _..... _..... DR-6 : : ty 1 --...... -- UMU-PD ...... _....._ ................ ............- _. --_ _.. -... ......_ B1 _..__ ......................... ............... ................ --- ..............UMU_.._ .................... i ............. SR-3-PD /... .... is SR-3 ;I: - 1 , MR-20 N 1 in=0.09 mi 1 in=500 ftKvrlN City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the C>f Printing Date:3l5/2019 information are responsible for verifying accuracy. For full disclaimer please go to QJ www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI Oshkosh J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User:minak Page 11 5' a k k y 'X Y a fit ': VIA m � r xc 14 A Z ` -ts 3 s , - r "� : s ' IF N 1 in=0A2 mi 1in= 100ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and C"vty the City of Oshkosh assumes no liability for the accuracy of the information. Those using the car information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:315/2019 www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI Oshkosh J:\GIS\Planning\Plan Commission Site Plan Map Template\Plan Commission Site Plan Map Template.mxd User:minak Page 12