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HomeMy WebLinkAbout19. 19-486 AUGUST 27, 2019 19-486 RESOLUTION (APPROVED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR EXPANSION OF AN OUTDOOR PATIO AREA AT 24 EAST GRUENWALD AVENUE INITIATED BY: GAYLE M. SAVKA PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit for expansion of an outdoor patio area at 24 E. Gruenwald Avenue, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved for expansion of an outdoor patio area at 24 E. Gruenwald Avenue, per the attached. of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: August 22, 2019 RE: Approve Conditional Use Permit for Expansion of an Outdoor Patio Area at 24 East Gruenwald Avenue (Plan Commission Recommends Approval) BACKGROUND The 0.32 acre site is located at the northwest corner of E.Gruenwald Avenue and Jefferson Street. The site consists of an approximately 1,763 sq. ft. bar (The Jockey Club) and associated outdoor patio area. The surrounding area consists predominantly of residential land uses and another bar across Jefferson Street. ANALYSIS The petitioner is requesting approval of a Conditional Use Permit(CUP) to expand the existing patio area on the west side of the building to increase the available space for customer use and also have additional area for a grill pad. According to the site plan, the proposed patio area addition will be roughly 225 sq. ft. in area and the grill pad addition will be 120 sq. ft. in area. With the additional concrete patio and grill pad area, the site will have a total impervious surface ratio of about 34.3%, remaining well under the maximum impervious surface ratio of 50%. The proposed patio expansion use should not be detrimental to the surrounding area as the additional patio/grill pad areas are relatively small in size and do not extend toward the neighboring residential uses. The Department of Public Works reviewed the proposal did not note any concerns. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit at its August 20, 2019 meeting. Respectfully Submitted, Approved: 1441.k v' Allen Davis Mark A. Rohloff Community Development Director City Manager City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR EXPANSION OF AN OUTDOOR PATIO AREA AT 24 E. GRUENWALD AVENUE Plan Commission meeting of August 20, 2019. GENERAL INFORMATION Applicant/Owner: Gayle M. Savka—West 171h St. Properties Action(s) Requested: The applicant is requesting a Conditional Use Permit for expansion of an existing outdoor commercial entertainment use. Applicable Ordinance Provisions: Outdoor Commercial Entertainment land uses are permitted only through a Conditional Use Permit in the Neighborhood Mixed Use District(NMU) as regulated in Section 30-51 (C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The 0.32 acre site is located at the northwest corner of E. Gruenwald Avenue and Jefferson Street. The site consists of an approximately 1,763 sq.ft.bar(The Jockey Club) and associated outdoor patio area. The surrounding area consists predominantly of residential land uses and another bar across Jefferson Street. Subject Site: Bar (The JockeyClub) NMU Adjacent Land Use and Zoning: EaStn LfsesMWZartan . r North Single family residential SR-9 South Single f ily residential SR-9 West Vacant lot and building NMU East Bar(Daisy Dukes) NMU Gvxz .eCens 'Iitiaarc: e Rnazaarer�drn Etd use. .. 2040 Com rehensive Land Use Plan Recommendation Neighborhood Commercial ANALYSIS Outdoor eating and drinking areas are considered "outdoor commercial entertainment" and require a Conditional Use Permit(CUP) in the Neighborhood Mixed Use District(NMU) zoning district. The petitioner is requesting approval of a CUP to expand the existing patio area on the i west side of the building to increase the available space for customer use and also have additional area for a grill pad. According to the site plan,the proposed patio area addition will be roughly 225 sq. ft. in area and the grill pad addition will be 120 sq. ft. in area. i The existing buildings, paved patio area and dumpster pad on the site have a total impervious surface area of approximately 4,600 sq. ft.for an impervious surface ratio of about 32%for the site. With the additional concrete patio and grill pad area,the site will have a total impervious surface ratio of about 34.3%, remaining well under the maximum impervious surface ratio of 50%. Staff is in support of the proposed patio expansion as the use should not be detrimental to the surrounding area as the additional patio/grill pad areas are relatively small in size and do not extend toward the neighboring residential uses. The Department of Public Works reviewed the proposal did not note any concerns. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382(F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health,safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit to expand an existing outdoor commercial entertainment use at 24 E Gruenwald Avenue as proposed with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested with findings noted. The following is the Plan Commission's discussion on this item. Site Inspections:Report:Ms. Erickson,Mr. Ford,Mr.Mitchell and Ms.Propp reported visiting the site. Staff report accepted as part of the record. Item—CUP 24 E.Gruenwald Ave. 2 The applicant is requesting a Conditional Use Permit for expansion of an existing outdoor commercial entertainment use. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The petitioner is requesting approval of a Conditional Use Permit to expand the existing patio area on the west side of the building to increase the available space for customer use and also have additional area for a grill pad. I According to the site plan,the proposed patio area addition will be roughly 225 sq. ft. in area and the grill pad addition will be 120 sq. ft. in area. With the additional concrete patio and grill pad area,the site will have a total impervious surface ratio of about 34.3%,remaining well under the maximum impervious surface ratio of 50%. The proposed patio expansion use should not be detrimental to the surrounding area as the additional patio/grill pad areas are relatively small in size and do not extend toward the neighboring residential uses. The Department of Public Works reviewed the proposal did not note any concerns. He said staff recommends approval of the proposed Conditional Use Permit to expand an existing outdoor commercial entertainment use at 24 E Gruenwald Avenue as proposed with the findings as stated in the staff report. Mr. Fojtik opened up technical questions to staff. Ms. Propp said during her site inspection,it looks as if the work had been already completed and landscaped. She commented it looked very nice but asked if the work had been completed. Mr. Slusarek replied he heard they already did it but said they shouldn't be doing work without a permit. He explained typically when work is done without a permit, there will be a late fee charge. Ms. Palmeri commented she wished it was one of the places she had visited for a site inspection. She said there have been a number of calls about outdoor establishments over the years. She understands they are exciting and fun but is concerned with the noise,especially in the residential areas. She said it could be detrimental to some of the residence. She questioned if there was going to be any noise or acoustical mitigation to minimize the noise. She stated since the work has already been completed, it may be a different story. Mr.Mitchell commented there is a wall of arborvitae trees along both the north and west side of the lot. He guessed there were 20-30 of them and mentioned they are still small. He said his concern was smoke going into the residential areas but stated at least there will be a barrier once the arborvitae mature. Mr. Fojtik asked for confirmation that they would still have to follow the City ordinances. Mr. Slusarek confirmed. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant Item—CUP 24 E. Gr uenivald Ave. 3 There were no public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Erickson to adopt the findings and recommendation as stated in the staff report. Seconded by Ford. Mr. Fojtik asked if there was any discussion on the motion. Ms. Propp asked if there would be verification that the work had already been completed. Mr. Slusarek replied staff can check into it. He said once the CUP has been approved,it will go to Site Plan Review and staff will review the plans at that point. Ms. Palmeri stated improvements are encouraged but the city does not want to encourage people to do work without a permit. She said it puts Plan Commission in an awkward position. She cautioned that Plan Commission still has an option to deny the request even if the work had been completed. Mr.Hinz commented it has happened in the past, where people have completed work before being approved, and it is not something that goes over well with Plan Commission. Motion carried 9-0. Item—CUP 24 E.Gruenivald Ave. 4 X SUBMIT TO: City of Oshkosh Application Dept.of Community Development City 215 Church Ave.,P.O.BOX I I of Conditional Use Permit POHONEh Wisconsin5 03-1130 (920t29 Oshkosh "PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION j Petitioner: �A Y Petitioner's Address: .rJ�� ��31�'L City: InsfV/��S State( Zip: J� 1 CJ1 Telephone #; ax: ( ) Other Contact# or Email: _ Status of Petitioner (Please Check):1XI Owner epresentative ❑Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date:J OWNER INFORMATION > Owner's): ��Vl� Date: -7- ��� Owner(s) Address:_ Ll� City: 0S) 6< 8 —State:0-4—Zip:„j D Telephone#: (99�) Q 2VZ2_ Fax: ( ) Other Contact # or Email:.rn ,v)4g f, G�SV� 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 p tponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: LU Date:Q- SITE INFORMATION o) 0A.) Lk),4 0,5�1) ) fi) Address/Location of Proposed Project: Proposed Project Type: f9T'�� d2► 1 Current Use of Property:_guy i Zoning: R( U Land Uses Surrounding Your Site: North: V(i C-> South: 1M East: West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City's website at www.ci.oshkosh,wi,us/Community_Development/Planning.hfm Staff Date ReePage 3 Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health,safety,and general welfare of occupants of surrounding lands. ��,'� ►,�CND t c7:��G� G-`{�1.�1 Yl 2. Pedestrian and vehicular circulation and safety. k,,J",1� h\,%l G" 0 r,- ' 3. Noise,air,water,or other forms of environmental pollution. (")-,�� �\ (3_f 4. The demand for and availability of public services and facilities. 5. Character and future development of the area. VD,AN �� 0-f I', SUBMITTAL REQUIREMENTS—Must accompany the application to be complete. A narrative of the proposed conditional use and project Including: ❑ Proposed use of the property ❑ Existing use of the property ❑ Identification of structures on the property and discussion of their relation to the project ❑ Projected number of residents,employees,and/or daily customers ❑ Proposed amount of dwelling units,floor area,landscape area,and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre ❑ Effects on adjoining properties to include:noise,hours of operation,glare,odor,fumes,vibration,etc. ❑ Surrounding land uses ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation ❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: ❑ Two (2) full size (24"x 36") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8'/2"x 11 (minimum) to 11"x 17" (maximum) reduction of the building elevations and site plan ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner,if different ❑ Full name and contact information of petitioner's engineers/surveyors/architects,or other design professionals used in the plan preparation ❑ The date of the original plan and latest date of revision to the plan ❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1"=60') unless otherwise approved by the Department of Community Development prior to submittal ❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings,structures,and paved areas,including building entrances,walks, drives,decks, patios,fences,walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed),including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location,height,design,illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (Le,visible from a public street or residential use or district), Mechanical equipment includes,but is not limited to; HVAC equipment, electrical transformers and boxes,exhaust flues, plumbing vents,gas regulators, generators Page 4 2 i i i - a - x .`...mot. 7 ., hff 8 � s�9. =ear 3 53 ,xr : .. a ... A, 1 in -20ft City of Oshkosh maps and data are intended to be used for general identification Ct purposes only,and the City of Oshkosh assumes no liability for the accuracy of the of information.Those using the information are responsible for verifying accuracy.For Printing Date:7/8/2019 St L.(.QS full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer 0 Prepared by:City of Oshkosh,W) i �I� 1 1 JAGIS\GIS_Bsse_Maps\Planning Base Map-For Windows 10.irad User;katieb Page 5 CUP ALLEE CHASE INVESTMENTS LLC APRIL L CHASE 24 E GRUENWALD AVE 515 N MAIN ST#A 515 N MAIN ST A PC:08-20-19 OSHKOSH WI 54901 OSHKOSH WI 54901 BERNARD A RAHMLOW DANIEL M DODGE EDWARD G/CAROL J KOCH LIVING TRUST 1856 JEFFERSON ST 1918 JEFFERSON ST 1853 JEFFERSON ST OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 JAMES A MCCARTHY/JESSICA L LEE RAYMOND/MARY L RUETTEN STEVE A WILSON 1854 N MAIN ST 1363 OTTER AVE 1913 JEFFERSON ST OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901 WALTER W BUSH WORKS HOUSES LLC WEST 17TH STREET PROPERTIES LLC 2220 PLYMOUTH ST 2522 FOND DU LAC RD ATTN:GAYLE M SAVKA OSHKOSH WI 54901 OSHKOSH WI 54902 528 GROVE ST OSHKOSH WI 54901 Page 6 51,5g 133.25 t320 F s 17 x x ,� �}7 it tyt oT t3a 07 N 13325 1320 © m 9 EN Ie Q ' 13325FRY 0 0 z 63.5 m m" "... _. .. 320 132. ___—......... __ 9 13325• _ N N 134.OT � 1320' F5 x 3 NN 85.35 1320 d-� 1320 i Z E Y s�,. 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Those using the of information are responsible for verifying accuracy, For full disclaimer please go to Printing Date:7/2312019 Oshkosh wsnvd.oshkosh.wi,us(GlSdisclaimer Prepared by:City of Oshkosh,WI J:GsTlanningiplan Commission.Site Plan Map Templale,Plan CArnmission Site Plan Map Te;nplate.mxd .rniA a ICE NEW SUBJECT • ;,SITE �v� 01�1� �1� �d� MU UMU-PD M��, fie i t6 tli Id!ttt 4 4 LA, y, I i 1 VI'Ilfl 1Ia .4 ,i t c f i t r A' � t _ a r 7 � FM 9 it 110, e. S �l K � l Fo P 4 ! 4 x .r 3 y x 'ww _ �I Mltuh tiJ M •i' o�u d n bow 3- N 1 in=0.02 mi 1 in=100ft 0,�F MI City of Oshkosh maps and data are intended to be used for general identification purposes only,and C l the City of Oshkosh assumes no liability for the accuracy of the information. Those using the 01 information are responsible for verifying accuracy. For full disclaimer please go to Printing Date:7/23/2019 � �� �� www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI J:GiS'flann:ngkPlan Commission Site Plan Map TemplataTlan Commission Site Plan Map Te;rplate,mxd m-a;