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HomeMy WebLinkAbout11. 20-435 OCTOBER 27, 2020 20-435 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ALLOW A ROOF MOUNTED SMALL SOLAR ENERGY SYSTEM AT 924 S. SAWYER STREET INITIATED BY: JOSEPH SCHINDLER, SOLCIUS, LLC. PLAN COMMISSION RECOMMENDATION: Approved w/ conditions WHEREAS, the Plan Commission finds that the Conditional Use Permit to allow a roof mounted small solar energy system at 924 S. Sawyer Street, 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 to allow a roof mounted small solar energy system at 924 S. Sawyer Street, per the attached. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: October 22, 2020 RE: Approve Conditional Use Permit to Allow a Roof Mounted Small Solar Energy System at 924 S. Sawyer Street (Plan Commission Recommends Approval) BACKGROUND The 11,550 square foot (.27 acres) subject site (aerial below) is 0.22 acres in size is located along the east side of S. Sawyer Street. The site consists of a 1,343 square foot, 1 story single-family house with an attached garage constructed in 1963. The immediate surrounding properties are all single family uses. The surrounding area consists of an established residential neighborhood with predominantly single-family and two-family uses. Spanbauer Park and Franklin Elementary School are to the northwest. ANALYSIS The applicant is proposing to install a multi -panel (23 panels and 1 inverter) solar array on the roof of the existing home which will produce up to 7.36kW DC / 5 kW AC of electric power. The purpose of the array is to reduce the consumption of energy from local service providers. The array will consist of two groups of eight 5.53-foot x 3.28-foot panels. One group of 6 panels will be installed on the south -facing section of the roof to take full advantage of the suns rays. The second group of 17 panels will be installed on the east side of the roof. The submitted site plan below shows the configuration of how the panels will be installed with accessory hardware. Wisconsin statutes limit a municipality's ability to restrict placement of private renewable energy systems and the City must apply the state statutes to evaluate these types of requests. The proposed placement is in the most logical location available. Although the array is in view from the public street, southern exposure is most desirable to take advantage of the suns rays. The petitioner's application states that the solar array will not negatively impact the neighboring properties in regard to noise, pedestrian or vehicular safety, character, or future development of the area. The Inspection Services Division has reviewed this request. The applicant submitted details and structural designs showing how the solar panels will be attached to the existing roof structure. Inspections requires these designs to ensure the roof is engineered to withstand the added weight of the array. This is required prior to building permit issuance. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .cl.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings and a condition at its October 21, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Mark Lyons Planning Services Manager Approved: �♦-� Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236,5000 http://w .ci.oshkosh.wi.us ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ALLOW A ROOF -MOUNTED SMALL SOLAR ENERGY SYSTEM AT 924 S. SAWYER STREET Plan Commission meeting of October 21, 2020. GENERAL INFORMATION Applicant: Joseph Schindler, Solcius, LLC Owners: Grant Schlieve Action(s) Requested: The applicant is requesting a Conditional Use Permit to allow placement of a small roof - mounted solar energy system on an existing single-family house located at 924 S. Sawyer Street. Applicable Ordinance Provisions: Small solar energy systems are classified as an accessory use permitted only through a Conditional Use Permit in any zone district as regulated in Section 30-86(W) 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 11,550 square foot (.27 acres) subject site (aerial below) is 0.22 acres in size is located along the east side of S. Sawyer Street. The site consists of a 1,343 square foot, 1 story single-family house with an attached garage constructed in 1963. The immediate surrounding properties are all single family uses. The surrounding area consists of an established residential neighborhood with predominantly single-family and two-family uses. Spanbauer Park and Franklin Elementary School are to the northwest. Item II — CUP - 924 S Sawyer Street Subject Site: Existing Land Use Zoning Single -Family Residential Single -Family Residential-9 (SR-9) Adjacent Land Use and Zoning: Existing Uses Zoning North Single -Family Residential Single -Family Residential-9 (SR-9) South Single -Family Residential Single -Family Residential-9 (SR-9) West Single -Family Residential Single -Family Residential-5 (SR-5) East Single -Fa ilResidential Single -Family Residential-9 (SR-9) Comprehensive Plan Land Use Recommendation and Use 2040 Comprehensive Land Use Plan Recommendation Light Density Residential ANALYSIS The applicant is proposing to install a multi -panel (23 panels and 1 inverter) solar array on the roof of the existing home which will produce up to 7.36kW DC / 5 kW AC of electric power. The purpose of the array is to reduce the consumption of energy from local service providers. The array will consist of two groups of eight 5.53-foot x 3.28-foot panels. One group of 6 panels will be installed on the south -facing section of the roof to take full advantage of the sun's rays. The second group of 17 panels will be installed on the east side of the roof. The submitted site plan below shows the configuration of how the panels will be installed with accessory hardware. Figure I - Example of a Solar Array Installation in Fond du Lac, WI Item II— CUP/Small Solar Energy System — 924 S Sawyer Street Equipmen Labels 3 M, rr[]LjuLES d CDNDkLT RUN 5 BIWNf WOiR 4 mpaii%rRti1CrF5snn a t" 00 q -�i fR•Fh R kmib9mIJT".,m xCer..%-V= -41 17:?� 1t, i E'- J ... it e a 8ia k—W. 10% XCH" N E 61 r The above plan shows the proposed installation of the solar array on the existing roof. Item II— CUP/Small Solar Energy System — 924 S Sawyer Street 3 Wisconsin statutes limit a municipality's ability to restrict placement of private renewable energy systems and the City must apply the state statutes to evaluate these types of requests. The City may not restrict placement or use of said structures unless the restriction satisfies one of the following conditions: Serves to preserve or protect the public health or safety Does not significantly increase the cost of the system or significantly decrease its efficiency. • Allows for an alternative system of comparable cost and efficiency. Staff is of the opinion that this request does not satisfy any of the above criteria. The proposed placement is in the most logical location available. Although the array is in view from the public street, southern exposure is most desirable to take advantage of the sun's rays. The petitioner's application states that the Figure 2 - Example of a Solar Array Installation in Dubuque, IA solar array will not negatively impact the neighboring properties in regard to noise, pedestrian or vehicular safety, character, or future development of the area. Figures 1 and 2 show how a typical installation of a solar array appears from ground level. Staff is in support of the proposed small solar energy system as the accessory use should not be detrimental to the surrounding area. Private energy producing systems are becoming increasingly common nationwide as there is growing public movement to become more sustainable and less reliant on commercial service providers. The Inspection Services Division has reviewed this request. The applicant submitted details and structural designs showing how the solar array is attached to the existing roof structure. Inspections requires these designs to ensure the roof is engineered to withstand the added weight of the array. This is required prior to building permit issuance. 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 Item II— CUP/Small Solar Energy System — 924 S Sawyer Street 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 for installation of a small solar energy system accessory use at 924 S. Sawyer Street as proposed with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested with findings and a condition noted. The following is the Plan Commission's discussion on this item. Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh is requesting the granting of a public utility easement to Wisconsin Public Service Corporation (WPS) for underground electrical facilities at the City of Oshkosh Fire Station #18 property, 811 E. Murdock Avenue. Mr. Wiley presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The applicant is proposing to install a multi -panel (23 panels and 1 inverter) solar array on the roof of the existing home which will produce up to 7.36kW DC / 5 kW AC of electric power. The purpose of the array is to reduce the consumption of energy from local service providers. The array will consist of two groups of eight 5.53-foot x 3.28-foot panels. One group of 6 panels will be installed on the south -facing section of the roof to take full advantage of the sun's rays. The second group of 17 panels will be installed on the east side of the roof. The submitted site plan below shows the configuration of how the panels will be installed with accessory hardware. He said staff recommends approval of the proposed Conditional Use Permit for a small solar energy system at 924 S. Sawyer Street with the findings and conditions listed in the staff report. Mr. Hinz opened technical questions to staff. There were no technical questions on this item. Mr. Hinz opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant. Item II— CUP/Small Solar Energy System — 924 S Sawyer Street There were no public comments on this item. Mr. Hinz 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 Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Hinz asked if there was any discussion on the motion. Mr. Ford stated his support for the project. Mr. Coulibaly asked if there was a check on the installation to ensure there are no hazards for the other part of the system that is not seen. Mr. Lyons replied affirmatively. He said that building permits and electrical permits are required. Mr. Wiley said that Inspection Services requires submission of structural calculations for review as part of the building permit process. Motion carried 9-0. Item II— CUP/Small Solar Energy System — 924 S Sawyer Street SUBMIT TO: CA b Clt of Oshkosh A lication Dept. of Community Development y pp 215 Church Ave., P.O. Box 1 130 c'f°fie Conditional Use Permit Oshkosh, Wisconsin 54903-1130 Oshkosh PHONE: (920) 236-5059 **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: Joseph Schindler - Solcius, LLC Date: 9/8/20 Petitioner's Address: 1555 N. Freedom Blvd. city: Provo State: LIT zip: 84604 Telephone #: (844) 357-2258 Email: solarpermitsosoldus.com Contact preference: ❑ Phone © Email Status of Petitioner (Please Check): IJ Owner m Representative IJ Tenant IJ Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Owner(s): Grant Schlieve Owner(s) Address: 924 S Sal Telephone #: (262) 224-8708 St City: Oshkosh Date: 9/8/20 Date: 9/8/20 State: WI zip: 54902 Email: grant.schlieve@gmail.com Contact preference: ❑ Phone ❑ Email Ownership Status (Please Check): 0 Individual a Trust a Partnership a 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 administrative reasons. Property Owner's Signature: "—►"'" At-L Date: 9/8/20 Joseph —Schindler - Solcius, LLC, on behalf of Grant Schlieve SITE INFORMATION Address/Location of Proposed Project: 924 S Sawyer St. Oshkosh, WI 54902 Proposed Project Type: Roof mounted PV solar system (23 panels, 1 inverter) 7.36 kW Current Use of Property: Residential Zoning: Land Uses Surrounding Your Site North: Residential South: Residential East: Residential West: Residential "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.htm Staff Date Rec'd 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. Solar project will not generate affectations 2. Pedestrian and vehicular circulation and safety. Solar project will not generate affectations 3. Noise, air, water, or other forms of environmental pollution. Solar project will not generate affectations 4. The demand for and availability of public services and facilities. The Electricity demand will be reduced, only reducing the consumption of property -owner. 5. Character and future development of the area. Solar project will not generate affectations SUBMITTAL REQUIREMENTS - Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) ➢ 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: ❑ Digital plans and drawings of the project ❑ 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 (i.e. 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 CUP WATER CITY PROPERTIES LLC 924 S SAWYER ST 5377 INLET CT 10-21-2020 OMRO WI 54963 MATTHEW R VIRTANEN PAUL R MUELLER 929 KANSAS ST 1001 KANSAS ST OSHKOSH W154902 OSHKOSH W154902 QUENTIN LTHOMAS/ LAWRENCE P/PAULAJ LAWN ICZAK SARAH MAHRLE-THOMAS 916 S SAWYER ST 1115 W 9TH AVE OSHKOSH W154902 OSHKOSH W154902 GRANT D SCHLIEVE MARTHA C MILLER 924 S SAWYER ST 1000 S SAWYER ST OSHKOSH W154902 OSHKOSH W154902 LARRY D LAMBRECHT LAURELYN HENSARLING 911 S SAWYER ST 919 S SAWYER ST OSHKOSH W154902 OSHKOSH W154902 CHEE VANG/TOU HER MICHAELJ SCHLOSSER 1007 S SAWYER ST 1111 W 9TH AVE OSHKOSH W154902 OSHKOSH W154902 LORRAINE A GREER 917 KANSAS ST OSHKOSH W154902 MARY J MATSCHE LIVING TRUST 1005 KANSAS ST OSHKOSH W154902 SCOTT L FRANK 908 S SAWYER ST OSHKOSH W154902 MICHAELJ WICK 1002 S SAWYER ST OSHKOSH W154902 CHRISTOPHER WISNESKI/ NICOLE L DUGENSKE 925 S SAWYER ST OSHKOSH W154902 JOSEPH SCHINDLER-SOLCIUS, LLC 1555 N FREEDOM BLVD PROVO UT 84604 I-r Lj 1134 1118 � A 218 1134 1128 [�2 55.99' 55.99' 70.17• 1110 1102 1082 1076 -9T 1 1213 1207 b as.7z a O r r 102.5' 1:185.72 102.5' 0 r b 85.72• o ❑ b 1212 r F r U a 1217 1209 Lj 0 uz O 70.0' •.0' 63.27 100.0' 1 50.0, 63.22 b Ln o N O 1212 1 6 49.98' 50.0' U) N a Z—vaoT4 a Y 50.0' 50.0' bu.0 52.7' LO 50. 52.85• 102.85' Cfl m O o � � 103. 15' �� ���ill lf1 J�� N 1 in = 0.02 mi Jr 1 in=90ft 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: 10/5/2020 information are responsible for verifying accuracy. For full disclaimer please go toOshkosh www.cl.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI 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 information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclai mer N 1 in=0.05mi 1 in = 250 ft Printing Date: 10/5/2020 Prepared by: City of Oshkosh, WI I n-I ,or Oshkosh M Xa'}� a4 � P � N <Al rc - 9r I�IJYE , 1,51-r 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 information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer N 1 in = 0.01 mi 1 in=70ft Printing Date: 10/5/2020 Prepared by: City of Oshkosh, WI Oshkosh