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HomeMy WebLinkAboutItem II PLAN COMMISSION STAFF REPORT MAY 21,2019 ITEM II: RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA REDUCTIONS ON THE FRONT FACADE AT 653 GRAND STREET GENERAL INFORMATION Applicant/Owner: Ryan and Sara Russell Action(s) Requested: The applicant is requesting approval of a variance from the City's Residential Design Standards to allow window area reductions on the front facade at 653 Grand Street. 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(B)(2) No existing window or door openings on any facade or gable end shall be boarded up. 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 653 Grand Street and is approximately 4,675 square feet in area. The property contains a 2,210 square foot 2 story one-family residential structure built in 1888 according to the City of Oshkosh Assessor website. The surrounding area consists predominately of single and two-family residential uses. The railroad runs to the east. The immediate properties on the west,north and south of the property are single-family properties. The property to the west of the subject property is a two-family property. The subject property and immediate properties surrounding area zoned Two Flat Residential-10- Planned Development (TR-10-PD). The subject property and surrounding properties are part of the Near East Neighborhood Redevelopment area. On May 91h,2006, the Common Council approved a Planned Development overlay for this area. The Planned Development (PD)includes its own set of additional conditions beyond the base standards listed in the zoning ordinance. An important condition of the PD for the area is listed as follows: "New development, additions, and exterior remodeling projects shall be undertaken in a manner that reflects the general historic architectural character of the area and that building plans be subject to review and approval by the Department of Community Development prior to building permit issuance. If the ITEMII 653 Grand Street-Design Standards Variance I Page 1 Department denies plans, applicants have the option to seek review and approval of said plans from the Plan Commission." This condition is rather broad but does afford staff discretion to decide whether proposed or completed work is consistent with the character of the property and context. On March 8ffi, 2018, the applicant received approval and a building permit to replace all windows on the house in their same sizes, same locations as previously. The permit was issued with the condition that the existing window openings be maintained. On December 271h, 2018, Inspections staff found out that the property owner had reduced the sizes of multiple windows on the house and had plywood exposed where portions of window openings were filled. Inspections staff referred the case to Planning and planning staff inspected the property on January 41h, 2019. On January 71h, Planning sent a 30-day correction notice to the property owner with a compliance date of February Th. This notice instructed the applicant to restore the front facade window openings to their previous sizes or apply for a design standards variance for the front facade window closures. The notice also stated that for the additional window closures, the applicants would have to amend their original window permit. The applicant was also instructed to contact Inspections staff to address any possible building code issues relating to light,ventilation and emergency egress/rescue due to the window closures. During the afternoon of January 101h, the property owner visited City Hall and spoke with Inspections and Planning staff. Staff explained the outstanding violations and amended the permit to reflect the reduction in window area for four (4) side windows. Staff explained that the front window area reductions would require a design standards variance. Staff provided the applicant with the paperwork for the variance request and informed the owner that the next Plan Commission filing deadline was January 14ffi. The owner stated that he understood the variance process and would work on applying for the variance. Staff conducted a follow-up inspection on March 21,1, 2019 upon not hearing anything further from the applicant. The property was still in violation and no variance request was submitted, so staff issued another correction notice on March 261h, with a compliance date of April 51h. This notice asked the applicant to restore the window openings on the front facade to their previous sizes and locations or apply for a design standards variance. Staff did not hear from the applicant and so re-inspected the property on April 8ffi, and seeing that the property was still in violation, issued a first-time$50.00 service fee to the property owner. Shortly after, the property owner filed for a design standards variance. Subject Site Existing Land Use Zoning Single-family Residential TR-10-PD ITEMII 653 Grand Street-Design Standards Variance 2 Page 2 Adjacent Land Use and Zoning Existing Uses Zoning North Single-family Residential TR-10-PD South Single-family Residential TR-10-PD East Two-family Residential TR-10-PD West Single-family Residential TR-10-PD Comprehensive Plan Land Use Recommendation Land Use Light Density 2040 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 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 inconsistent with the original permit issued. Staff is not clear on what the previous window sizes were before the work was completed. The petitioners stated in their application that the house had Plexiglas windows when they bought it. They believed they needed to update the windows and winter was coming so they had to reduce the size of the upstairs windows on the front facade to install ITEMII 653 Grand Street-Design Standards Variance 3 Page 3 new windows quickly. They stated that they reduced the height of the windows from 52" to 36" or 40." According to the applicant, the Inspections Division approved all of the windows on the house except for the front window reductions, which planning has worked on addressing. The applicants stated that the reduction in the front windows was small. Other houses in the neighborhood have similar sized windows. By shrinking the windows in question the applicants believed that they made the second story safer as children could fall out the windows before. It appears that the windows maintained a similar width as before,but the window heights were reduced. Neighbor John Paulick called the Planning Services staff on May 131h, 2019 and asked what work the applicants were doing and inquired about the notice he received regarding the design standards variance. Staff explained the work the owner had completed and why this work required a design standards variance (window reductions on the front facade). Mr. Paulick stated that this work had no effect on him personally and if the house and property were clean and kept up,he did not care. 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. The work was done in a manner inconsistent with the original permit and in staff's opinion the applicant does not provide enough justification for the Plan Commission to grant the variance. The permit clearly stated that the window openings would remain at their same sizes and locations. The reduced front windows compromise the architectural integrity of the house. The previous shutters remain on the facade and site visits showed that the applicants had closed off part of each window opening with plywood. This wood creates an appearance inconsistent with that of the siding that clads most of the exterior of the house. Staff is not aware of whether the applicant had plans to finish any areas that are currently exposed plywood. The applicant would have to address the window and shutter discrepancy and side any areas currently covered with plywood. Staff would argue that the completed work is also in violation of the Planned Development condition previously described. The work as-is is with the window/shutter discrepancy and boarded up window openings is not in keeping with the historical character of the property. Approval of the variance request would make it clear that it is acceptable to complete work without an approved permit or in a manner inconsistent with conditions on approved permits. ITEMII 653 Grand Street-Design Standards Variance 4 Page 4 RECOMMENDATION Staff recommends denial of a variance from the City's Residential Design Standards to allow for window area reductions on the front facade at 653 Grand Street. Finding: The variance is not defensible because the work was done without required permits and compromises the architectural integrity of the house. ITEMII 653 Grand Street-Design Standards Variance 5 Page 5 Please Type or Print in BLACK INK ci O CITY OF OSHKOSH Oshkosh APPLICATION FOR DESIGN STANDARD VARIANCE REVIEW APPLICANT INFORMATION t�t Petitioner: Qtt Y"� _,y ra U�.SSLt Date: I 1 9 _ Petitioner's Address: CI �1 CACity: i1K�S�� State:L Zip:_ �'L r Telephone #: (920) -_9?J v(_-y_7 Fax: ( ) Other Contact# or Email: e,e("S SC i i 0-La_! r,c,i � ,Cc 1,, Status of Petitioner(Please Check): e-6wner ❑Representative ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: PROPERTY OWNER INFORMATION Owner(s): �i CA Y i �� JG l� l � Date: Owner(s) Address: (;J 2) bKCAVI CA City: (`L 1 Y_ ,In State: GAIL Zip: Telephone #: (`i 10) Fax: ( ) Other Contact# or Email: Ownership Status (Please Check)"trsdividual ❑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 other administrativ sons. ..Property Owner's Signature: \� l Date: SITE INFORMATION A ttddress/Location of Proposed Project: k 1�3 G i r"ca YAd. -C-� i=SYt tr, war 5x--q C1 O t Proposed Project Description: Yy�� r }� rldGv'�, Gm,-e r duceJ lac' ficy UMCA6(x ZZ-) 46"1 Current Use of Property: rvt i S i( Rnn� -2 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 0 u 0 93 _ 1. Explain in detail your proposed plans and why a variance is necessary: � ti S Cc Yvv°t vac, v1 C� � �� S de- r vi a o r (1 2. Describe how the variance would not have an adverse effect on surrounding properties or curb appeal of the neighborhood: �U JjA Vi t 1 Lie n c)()T 4 ( 3 knl Q 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): f CJC P-)r'v? erb yf Ito, f�r'r cS�ref� Gi r'IrI �'I uo S o - Gr //2 (4 Y, 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): t _ 0 > Jr) r"2 sn 6. Describe the unnecessary hardship that would result if your variance were not granted (if applicable): Page 8 A51- 4 CITY OF OSHKOSH Permit# 201800894 City WINDOWS PERMIT Issued Date 03/08/2018 of Oshkosh Job Address 653 GRAND ST Owner RYAN D/SARA A RUSSELL Parcel ID 0404000000 Category Windows Contractor Owner TR-10-PD Use Residential Business N/A Description Replacing all windows on the house,same size,same location. (Approximately 19 windows), also installing drywall over the existing plaster in 2 bedrooms, utility room and den. No structural alterations will be made. Permit Details Location Fees Issued By Valuation $4,000.00 Fees BUILD-Building Permit $58.00 ASSPRP-Property Record $19.00 Andrew Prickett $77.00 Payment Collections Conditions/Remarks Not making any structural alterations or modifications to the floor plan. Same size,same location All existing window and door openings on front or side building facades are being maintained and not closed or filled. Exterior materials of changes and additions and are the same or complementary to the original house materials. Exterior repair or reconstruction will not result in multi-textured or multi-colored effect or appearance that is not consistent with the overall design character of the original structure. o Material contrast is subtle in change with the principal structure's original building materials. o Material color matches or is complimentary to the structure. In the performance of this work to perform all work pursuant to rules governing the described construction. While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work described in this permit application within an easement,the City strongly urges the permit applicant to contract the easement holder(s)and to secure any necessary approvals before starting such activity. I have read and understood the aforementioned information. Signature Date 03/08/2018 Agent/Owner/Contractor Address 653 GRAND ST OSHKOSH WI 54901-4575 Telephone Number 279-4647 Required Inspections:Final To schedule inspections please call the Inspection Request line at 920-236-5128 noting the Address,Permit Number,Type of Inspection(i.e.Footing,Service,Final,etc.),Access into Building if Secure(how do we gain entry),your Name and Phone Number.Unless specified otherwise,we will assume the project is ready at the time the request is received.Work may continue if the inspection is not performed within two business days from the time the project is ready. Page 9 CITY OF OSHKOSH 41 Permit# 201800894 Cil� WINDOWS PERMIT Issued Date 03/08/2018 Expiry Date Oshkosh Job Address 653 GRAND ST Owner RYAN D/SARAA RUSSELL Parcel ID 0404000000 Category Windows Contractor Owner TR-10-PD Use Residential Business N/A Description Replacing all windows on the house, most same size, same location . (Approximately 19 windows total, 4 window opening on side facades to be reduced), also installing drywall over the existing plaster in 2 bedrooms, utility room and den. No structural alterations will be made. Permit updated 01/10/2019 Permit Details Location Fees Issued By Valuation $ 4,000.00 ���~ Fees BUILD-Building Permit $58.00 ASSPRP-Property Record $19.00 Andrew Prickett $77.00 Payment Collections Conditions/Remarks Not making any structural alterations or modifications to the floor plan . Reduction in area of 4 side facade windows is acceptable -other window reductions would require separate permit or update to this permit. Same size, same location All existing window and door openings on front or side building facades are being maintained and not closed or filled . Exterior materials of changes and additions and are the same or complementary to the original house materials . Exterior repair or reconstruction will not result in multi-textured or multi-colored effect or appearance that is not consistent with the overall design character of the original structure. o Material contrast is subtle in change with the principal structure's original building materials. o Material color matches or is complimentary to the structure. In the performance of this work to perform all work pursuant to rules governing the described construction . While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work described in this permit application within an easement, the City strongly urges the permit applicant to contract the easement holder (s) and to secure any necessary approvals before starting such activity. I have read and understood the aforementioned information . Slclnen Hy:Ryav RUSsall Signature Date 05/15/2019 Agent/Owner/Contractor Address 653 GRAND ST OSHKOSH WI 54901-4575 Telephone Number 279-4647 Required Inspections: Final To schedule inspections please call the Inspection Request line at 920-236-5128 noting the Address, Permit Number, Type of Inspection (i.e. Footing, Service, Final, etc.),Access into Building if Secure (how do we gain entry), your Name and Phone Number. Unless specified otherwise, we will assume the project is ready at the time the request is received .Work may continue if the inspection is not performed within two business days from the time the project is ready. Page 10 s Plu I I y, 66` I + 1 d Y MA ME k .Sl �.t # : :;Le'. 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