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Home My WebLink AboutItem ISTAFF REPORT BOARD OF APPEALS JUNE 10TH, 2020 ITEM I: 471 HIGH AVENUE GENERAL DESCRIPTION AND BACKGROUND AcQuest Property Group LLC-applicant, St Peters Congregation Most Blessed Sacrament Parish -owner, requests the following variance to permit a land division with a substandard rear yard setback: Description Code Reference Minimum Proposed Rear Yard Setback 30-50(G) 25' 19.8' The subject 3.5 acre (approximately 153,044 square feet) property is zoned Institutional within the University Transition Overlay (I-UTO). The parcel is currently developed as a campus -like setting featuring a church with an attached pastoral center (435 High Avenue); a separate pastoral office and gymnasium building (459 High Avenue); and a separate student housing building with detached garage (471 High Avenue). Four separate off-street parking areas encompass the facilities and internal pedestrian access is provided via a network of service -walks. The irregular -shaped parcel is located on the southwest side of High Avenue and the northeast side of Pearl Avenue. Adjacent land uses include commercial, institutional and residential to the north; vacant to the east, vacant and multi -family residential to the south; and multi -family residential to the west. ANALYSTS In reviewing a variance request, the following questions should be addressed: When considering an area variance, the question of whether unnecessary hardship or practical difficulty exists is best explained as "whether compliance with the strict letter of the restrictions governing area, set backs, frontage, height, bulk or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome." Are there any unusual or unique physical limitations of the property which create a hardship? Will granting of a variance result in harm to the public interest? The applicant is proposing a 0.34 acres (14,808 square feet) land division of the existing student housing building located at 471 High Avenue. The existing two-story masonry building and detached frame garage would become a separate parcel (see attached site plan). No physical building improvements are proposed on the exterior of the building (see attached narrative). A variance is needed through the Board of Appeals to permit the rear yard setback to be substandard by 5.2'. It should be noted the applicant is also in the process of requesting a rezoning of the property to Urban Mixed -Use within the University Transition Overlay through the Plan Paqe 1 STAFF REPORT BOARD OF APPEALS ITEM I -2- JUNE 10TH, 2020 Commission and Common Council. The existing student housing building is proposed to be re -purposed into market -rate apartments. The rezone is necessary to permit a traditional multi -family land use in lieu of the existing institutional residential land use. The building will have two 1-bedroom units; four 2-bedroom units; and two 3-bedroom units. A formal Certified Survey Map (CSM) has also been submitted for review. The CSM notes the existing off-street parking lot located south of 459 High Avenue will continue to provide off-street parking stalls for the apartments located at 471 High Avenue (17-stalls are required for the apartments and 23-stalls are located in this parking lot). The existing built development pattern on the site does not allow for any by -right land division alternative that would meet setback requirements for both proposed parcels. For example, if the proposed new lot line was moved 5.2' to meet the required rear yard setback at 471 High Avenue, the required 7.5' side yard setback at 459 High Avenue would be substandard and require a variance. Subsequently, complying with the required dimensional regulations for the district would be unnecessarily burdensome in this instance and some variance is necessary for the proposal. The redevelopment circumstances and the expansive campus setting at the site are unique property circumstances and creating justifiable hardship. While the proposed land division does require variance no harm to the public interest will occur. For example, the existing two-story building has historically been used for various residential purposes. The building was previously used as a convent and most recently as student housing. The alteration to market -rate apartments will continue the housing options in a geographic area that the city's comprehensive plan intends for higher intensity. Finally, Inspection Services, Public Works, and the Fire Department have all reviewed the request and have no safety or logistical issues with the proposal. RECOMMENDATION Based on the information provided within this report, staff recommends approval of the variance as requested. Paqe 2 Attachment to BOA Packet 06/10/20 471 High Avenue View of subject parcel looking south from Dawes Street Paqe 3 Attachment to BOA Packet 06/10/20 471 High Avenue View of subject parcel looking southeast/along High Avenue Paqe 4 Attachment to BOA Packet 06/10/20 471 High Avenue View of subject parcel looking south from High Avenue & Dawes Street Paqe 5 Attachment to BOA Packet 06/10/20 471 High Avenue View from subject property looking northeast across High Avenue Paqe 6 Attachment to BOA Packet 06/10/20 471 High Avenue Paqe 7 Attachment to BOA Packet 06/10/20 471 High Avenue View of subject parcel looking south from High Avenue at proposed lot line Paqe 8 Please Type or Print in BLACK INK Return to: Department of Community Development cr 215 Church Ave. OS*Osh P.O. Box 1130 Oshkosh, WI $4903-1130 CITY OF OSHKOSH APPLICATION FOR VARIANCE Please submit a complete reproducible site Plan (maximum size 11 x 17"). (A complete site plan includes, but is not limited to, all structures, lot lines and streets with distances to each.) Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE. The fee is payable to the City of Oshkosh and due at the time the application is submitted. Address of Parcel Affected: ' lAti I .. , s-N KO , f '° ,V Petitioner:_ Home Phone: 69(. 79y tloa Petitioner's Address: PIS00 Work Phone: a6 97 cfle2 AX" BCEAf-i.4 S,31 �W— Petitioner's Email: Signature Required -,AEG !t'OS'ir Ddte. Moses $toss+~ A S'hc/ZAl�lt �f ; Owner (if not petitioner): - Home Phone: t- Owner's Address:- Y3J 14I St AVE. OS14 ff4j k " ", /Work Phone:. ;a o�- Owner's Email: ilw- Mq, I r,p � Signature Required-, _._._.�eQ /%jzx-), AaG2 , In order to be granted a variance, each applicant; must be able to prove that an unnecessary hardship would be created if the variance is not granted. The burden of proving an unnecessary hardship rests upon the applicant. The attached sheet provides information on what constitutes a hardship- (Attach additional sheets, if necessary, to, provide the information requested. Additional information may be requested as needed.) 1. Explain your proposed plans and why you are requesting a variance: Paqe 9 1'.. MBS would like to subdivide off and sell to APG the residential building that was originally built as a convent and which was,'subsequently renovated and converted by the Parish in the mid 1990's into traditional apartment housing. MBS has determined that operating a housing facility is not the best utilization of its resources and would therefore like to divest itself of the building and it housing duties In order to achieve a land split that would allow 471 to be subdivided off from the larger land parcel and sold to a third party, a CSM needs to be created showing that the two new parcels meet the City's zoning ordinances. Given that the history of the parish on this parcel dates back to the 1800's and that the Parish fully developed the parcel a long time ago, the distances between 471 and the adjacent MBS building already exist. Unfortunately the distance between these two existing buildings does now allow us to meet the City's current zoning setback requirements; and therefore compels us to request help from the City in the form of a variance to the required setback between these two existing structures. Describe how the variance would not have an adverse effect on s The properties adjacent to 471 are already fully developed so there is nothing that would change as a result of this variance from a physical location standpoint. 471 has been operated as student/family housing so nothing is intended to change from a use standpoint; MBS is granting a parking easement, for the benefit of 471, over the existing parking lot that has been used by the residents of 471, so no change in the parking area is needed to accommodate 471 or MBS with this variance. 3, 00ks *ikie'th soeo&rl coa drtro;7 -f dt irPJ&lV ti r'Vour ldr or Structure' i 9 surrounding lots or structures: MBS has one large parcel in a very urban setting that encompasses the church, rectory, former school building, and former convent (471). Given that the parish has been in operation on this same parcel since the 1800's and it has built and razed multiple buildings on this very same parcel during its ownership, the zoning regulations, if they existed at the time the buildings were built, were most likely much different than the rules that exist today. Now that the Parish desires to divest itself of the old;convent building and its associated use, it is required to meet today's zoning guidelines which it cannot do without receiving a variance from the City of Oshkosh. If a variance is not granted it is ouriunderstanding that the MBS property cannot be subdivided to allow 471 to exist as a standalone parcel and therefore cannot be sold to a third party. This will require MBS to continue to''expend resources on one limited area of charity, housing, rather than on its overall mission of providing service to the greater Oshkosh community. If a variance is not granted, this need to continually divert resources from the overall mission of the Parish into housing, will create a permanent hardship on MBS. Paqe 10 CERTIFIED SURVEY MAP NO, SHEET 1 of 4 ALL OF LOTS 1 AND 2 AND PART OF LOT 5, BLOCK H, WESTERN ADDITION, BEING PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST, FIRST WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN. NOTES BEARINGS ARE REFERENCED TO THE WISCONSIN COUNTY COORDINATE SYSTEM (WINNEBAGO COUNTY), WHFRF THE FAST I INF OF THE NnRTHFAST 1 /4 OF BOARD OF APPEALS 464 HIGH AVENUE/304 DAWES LRN LLC 471 HIGH AVE STREET LLC 45 W 6TH AVE 06-10-20 601 OREGON ST STE B OSHKOSH WI 54902 OSHKOSH WI 54902 RANE INVESTMENTS LLC 230 OHIO ST STE 200 OSHKOSH WI 54902 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 ROBERT J ALBRIGHT ETAL 88 STEAMBOAT CT WINNECONNE WI 54986 MBS / ST PETERS CONG 435 HIGH AVE OSHKOSH WI 54901 SALVATION ARMY 11315 W WATERTOWN PLANK RD MILWAUKEE WI 53226 ACOUEST PROPERTY GROUP LLC 21500 W GREENFIELD AVE NEW BERLIN WI 53146 Paqe 12 1'i' i �° " J / K9d• S20 � y 76' e �p. s° S72 p, SAA �o. u'y a a>. 0sr ass 95A 95B 95C 75A 75B 5C r e 495 3 ap, ' ^ 2 a ��h A° 17 61 1 N 1 in = 0.02 mi r r. tin=120ft 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 Printing Date:5/11/2020 information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI CAUsers\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd P aq�Jserlmirak / N E � 1 in = 0.09 mi 1 in = 500 ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and (i Y the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 511112020 Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI CAUsers\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd P agElserlmif}ak t� f� ,f b N � A tin=02 mi tin=100ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and C i y the City of Oshkosh assumes no liability for the accuracy of the information. Those using the of information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 511112020 Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI CAUsers\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd P agElserlm5ak