HomeMy WebLinkAboutItem I PLAN COMMISSION STAFF REPORT MAY 21,2019
ITEM I: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW
AREA REDUCTIONS AND CLOSURES ON THE FRONT FACADE AT 2038
ROOSEVELT AVENUE
*This item was laid over at the April 16'h, 2019 Plan Commission meeting.
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 6f, 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 5f, 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 6f, 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
ITEMI2038 Roosevelt Avenue-Design Standards Variance 1
Page 1
Inspections also to address potential building code issues. The property owner then filed an
application for a design standards variance around February 191h, 2019.
City staff brought the item to the Plan Commission at the April 161h,2019 Plan Commission
meeting and recommended denial. The work originally performed conflicted with the intent of
multiple ordinance provisions and was done without the required permits. At its April 161h
meeting,the Plan Commission voted to lay over the variance request for two meetings in order
to give staff more time to work with the applicant. Staff made a number of attempts to
communicate with the applicant and visit the property. On Monday, May 61h, staff left a
voicemail at 10:28 am asking the applicant to call back so staff and the applicant could set up a
time to meet at the property and discuss the work completed and examine the interior
configuration of the property. Staff followed up with an email to the applicant on Tuesday,
May That 11:37 am. On Wednesday, May 81h, at 11:52 am the applicant emailed staff an image
of an expanded double window on the second floor of the house and a second window on the
left side of the facade. Staff replied back on May 81h at 11:59 am asking the applicant if he would
be available on Monday,May 13th to meet at the property. Staff did not receive a response.
Since the last Plan Commission review of this variance request, it appears that the applicant has
expanded the second floor window from a single to a double window. The applicant also
appears to have inserted a second window on the left side of the facade on the ground floor.
The applicant appears to have done this work without the required permits. Though the
additional window area brings the front facade closer to the required minimum glazing area
prescribed by code, staff believes it would be beneficial to speak with the applicant at the
property. Inspections staff also has asked to participate in a site visit because currently it is
unclear what the extent is of the interior work/modifications that have occurred. Inspections
would like to verify that the work performed is in compliance with all applicable building
codes. Additionally, the applicant should be aware that the work in question requires zoning
and inspections approval and building permits.
Staff has not yet heard back from the owner regarding meeting at the property and has not had
any opportunity to visit the property other than view it from the street and the applicant has
had minimal communications with staff. Staff visited and photographed the property from the
street on May 14th.
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
ITEMI2038 Roosevelt Avenue-Design Standards Variance 2
Page 2
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.
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 six (6)
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 then added two windows back on the front
facade.
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
ITEMI2038 Roosevelt Avenue-Design Standards Variance 3
Page 3
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. The applicant then added a second window to the upstairs bedroom
and a second window to the left side of the front facade, which is more in keeping with the
previous appearance of the house.
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 in both cases 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 when the first round of work was completed. Staff ran calculations after
estimating the area of the front facade and new windows and door area. The new windows
together comprised around 6 percent of the front facade area. The windows together with the
front door comprised around 7.5 percent of the front facade area. With the two additional
windows the applicant continues to be below the required 25 percent facade area. With the
additional new windows staff estimates that the combined window and door area is
approximately 12.1% of the front facade area. Staff is not sure of the sizes of the new windows
added since the work that the Plan Commission originally reviewed so this is only an estimate.
The applicant did the original and new work without permits and other building code related
issues may exist.
The completed work helps improve the balance of the front facade from when the applicant
originally closed off openings,but does not entirely resolve the issues that resulted when the
applicant closed windows and removed the front porch. The applicant had mentioned
finishing the front porch stoop and staff is of the opinion that the applicant should submit an
acceptable set of drawings showing the proposed porch stoop as it would look when finished.
Staff and the Plan Commission should have the ability to review this before the work on the
porch advances any further. Additionally, work on the property should stop until the applicant
completes the approval process and obtains required permits. Staff is estimating that the
windows on the left when looking at the facade are 34"x48" living room window, the center
ITEMI2038 Roosevelt Avenue-Design Standards Variance 4
Page 4
window is a 26"06"bathroom window and the window to the right is a 30"x48"bedroom
window. The windows on the second floor are estimated to be 34"x48"bedroom windows.
Though the applicant appears to have added a number of windows since the last Plan
Commission meeting, the work was done without approval and permits.
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 continued work done
without permits and without additional enhancements will set a precedent for future similar
scenarios and undermine the intent of the Residential Design Standards.
RECOMMENDATION
Staff continues to recommend 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.
ITEMI2038 Roosevelt Avenue-Design Standards Variance 5
Page 5
Please Type or Print in BLACK INK civ
CITY OF OSHKOSH Oshkosh
APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW
APPLICANT INFORMATION
Petitioner: �,Je-t, cz-rA-S Date:
Petitioner's Address: DID-3 Loo`,zve-, city: 15---"4 0 SJA —State:U-T- Zip: '4 cl 61
Telephone#: (� )qb, Sg-, —
-LI,9,0 - - , Fax: ( Other Contact# or Email:
Status of Petitioner (Please Check): `
owner 0 Represent Live 0 Tenant 0 Prospective Buyer
Petitioner's Signature (required): c�aA.J-e Date:r2llqI6
PROPERTY OWNER INFORMATION
Owner(s): e,�p a Date:,g,,- 19
Owner(s) Address: City:' State:—Zip: �
Telephone#: (01_qC) m Jq,5 Fax: Other Contact# or Email:
Ownership Status (Please Check): Individual 0 Trust 0 Partnership 0 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 oche dministrative reasons.
Property Owner's Signature: Date: -;Z
SITE INFORMATION,
Address/Location of Proposed Project:
PO C-) + 0�mko L.dT- s4 i o
Proposed Project Description: lko-A, ru Lk-,, V-\A C)W 5 o,V\A h 0 av-A 1,YL� L-;,
Current Use of Property: i'nE- 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 6
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
curb appeal of the neighborhood:
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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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Page 7
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):
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2038 ROOSEVELT AVE 1205 PHEASANT CREEK DR 8815 28TH STREET CT
PC:04-02-19 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 JESSE J/SAMANTHA E WILLIAMS
TOWN CLERK 2038 ROOSEVELT AVE
1076 COZY LN OSHKOSH WI 54902
OSHKOSH WI 54901
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