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Home My WebLink About26. 20-488 DECEMBER 8, 2020 20-488 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO MAKE A LEGAL USE UNDER THE PREVIOUS ORDINANCE A LEGAL CONFORMING USE AT 3849-3851 AND 3850-3852 PARKVIEW COURT INITIATED BY: BARBARA AND JEAN-CLAUDE RENOUX PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit to make a legal use under the previous ordinance a legal conforming use at 3849-3851 and 3850- 3852 Parkview Court, is consistent with the criteria established in Section 30-131(B)(2) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to make a legal use under the previous ordinance a legal conforming use at 3849-3851 and 3850-3852 Parkview Court, per the attached, is hereby approved. r� Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: November 30, 2020 RE: Approve Conditional Use Permit to Make a Legal Use under the Previous Ordinance a Legal Conforming Use at 3849-3851 and 3850-3852 Parkview Court (Plan Commission Recommends Approval) BACKGROUND The subject site is a 1.25 acre lot generally located north of E. Snell Road approximately 1/4 mile east of Jackson Street. The lot contains two duplex residential structures totaling four dwelling units, an 800 square foot four -car detached garage, three driveways and off street parking areas. The property was developed in 1978 as a legal conforming use while in the Town of Oshkosh. In 1991 the property was annexed into the city as part of the McBriar Annexation to provide city services for the now developed lots to the south and east. Upon annexation, the use of the property became legal nonconforming as multiple single or two family structures was not permitted by the zoning ordinance at that time. The applicant made initial contact with the city to inquire about a possible land division to separate the two duplexes. Due to the site design, any type of land division would be impractical and costly to meet zoning requirements. The applicant intends to relocate from Arizona and reside in the 3850-52 building. Per the applicant's submitted materials, they intend to construct an addition to their duplex including a 400 sq. ft. attached garage. With the use of the property being legal nonconforming, additions or modification of the structures is prohibited per the Nonconforming Use Section of the Zoning Ordinance. Only ordinary maintenance of the existing structures is allowed not to exceed 50% of the current assessed value over the life of said structure. The surrounding area is an established mix of residential uses with single and two-family properties to the south and east, and a multi -family apartment development to the west. To the north and east is Winnebago County Community Park. ANALYSIS The CUP request to change the use status from nonconforming to conforming is mainly to remove restrictions and limitations set forth by the Nonconforming Use Section of the Zoning Ordinance. The zoning of the property is Multi -Family Residential-12 (MR-12) which allows multi -family uses and structures with a minimum of three units per structure. The subject site City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .ci.oshkosh.wi.us only has two principal structures. The unit density of the property can be considered low for a MR-12 zoned site at 3.2 units per acre. Based on the layout of the existing structures, it is unlikely additional dwelling units can be constructed. The applicant is not proposing any changes to the site other than the planned addition to the northern building. The use of the property will continue to be used as a two duplex development and will not have any impact on the surrounding properties. FISCAL IMPACT Approval of this project should result in an increase in assessed property value for the site and should require no additional city services. The owner is anticipating spending approximately $200,000 on the additional improvements. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings and conditions at its December 1, 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 .cl.oshkosh wi.us ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO MAKE A LEGAL USE UNDER THE PREVIOUS ORDINANCE A LEGAL CONFORMING USE AT 3849-3851 & 3850-3852 PARKVIEW COURT Plan Commission meeting of December 1, 2020. GENERAL INFORMATION Applicants/Owners: Barbara & Jean-Claude Renoux Action(s) Requested: The petitioner requests a Conditional Use Permit to make a legally established use that was made nonconforming by this chapter a legal use. Applicable Ordinance Provisions: Section 30-131(B)(2) states: Any legal use under the previous Zoning Ordinance which is made nonconforming by this Chapter may apply for a conditional use permit to be granted legal conforming status. Property Location and Background Information: The subject site is a 1.25 acre lot generally located north of E. Snell Road approximately 1/4 mile east of Jackson Street. The lot contains two duplex residential structures totaling four dwelling units, an 800 square foot four -car detached garage, three driveways and off street parking areas. The property was developed in 1978 as a legal conforming use while in the Town of Oshkosh. In 1991 the property was annexed into the city as part of the McBriar Annexation to provide city services for the now developed lots to the south and east. Upon annexation, the use of the property became legal nonconforming as multiple single or two family structures was not permitted by the zoning ordinance at that time. The applicant made initial contact with the city to inquire about a possible land division to separate the two duplexes. Due to the site design, any type of land division would be impractical and costly to meet zoning requirements. The detached garage would need to be included with one of the newly created lots which leaves the other lot deficient in required off- street parking. Additionally, a large amount of pavement would have to be removed and restored to a natural state. The applicant intends to relocate from Arizona and reside in the 3850-52 building. The adjacent unit would be occupied by the applicant's mother. The other duplex will continue to be used as rental units. Per the applicant's submitted materials, they intend to construct an addition to their duplex including a 400 sq. ft. attached garage. With the use of the property being legal nonconforming, additions or modification of the structures is prohibited per the Nonconforming Use Section of the Zoning Ordinance. Only ordinary maintenance of the existing structures is allowed not to exceed 50% of the current assessed value over the life of said structure. If the Conditional Use Permit (CUP) is approved, the proposed addition will require additional site plan review and applicable building permits. 223.17' O - h`L PARKVIEV v CT S 3E 223.97' 129.6 The surrounding area is an established mix of residential uses with single and two-family properties to the south and east, and a multi -family apartment development to the west. To the north and east is Winnebago County Community Park. Subject Site: Existin Land Use Zoning Multi -Family (two duplex structures on a single lot) Multi -Family Residential-12 (MR-12) Adjacent Land Use and Zoning: Existing Uses Zoning North Winnebago County Park Institutional (I) South Single -Family Residential Duplex Residetial-6 (DR-6) West Multi -Family Apartments Multi -Family Residential-12 (MR-12) East ily Residential Du lex Residetial-6 (DR-6) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Medium & High Density Residential ANALYSIS The CUP request to change the use status from nonconforming to conforming is mainly to remove restrictions and limitations set forth by the Nonconforming Use Section of the Zoning Ordinance. The zoning of the property is Multi -Family Residential-12 (MR-12) which allows multi -family uses and structures with a minimum of three units per structure. The property can be considered a multi -family development and is not unlike recently approved multiple duplex Item IV— CUP to Change Use Status from Legal Nonconforming to Conforming at 3849-51 & 3850-52 Park -view Court 2 developments on Hunters Ridge and White Tail Lane. One difference, however, the recently approved developments are Group Developments, properties with three or more principal structures. The subject site only has two principal structures. The unit density of the property can be considered low for a MR-12 zoned site at 3.2 units per acre. Based on the layout of the existing structures, it is unlikely additional dwelling units can be constructed. The applicant is not proposing any changes to the site other than the planned addition to the northern building. The use of the property will continue to be used as a two duplex development and will not have any impact on the surrounding properties. Conclusion Staff is in support of the Conditional Use Permit request as it will make a legal nonconforming use conforming. There will be no adverse effects on the surrounding area since the use is already established with no significant changes planned. In looking at the duplexes, the structures appear to have been well maintained; approval of the CUP will ensure they can continue to be maintained into the future. 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 Conditional Use Permit to make a legally established nonconforming use conforming at 3849-51 & 3850-52 Parkview Court with the findings listed above. The Plan Commission approved of the Conditional Use Permit with findings and conditions noted. The following is the Plan Commission's discussion on this item. Site Inspections Report: No commissioners reported visiting the site. Item IV— CUP to Change Use Status from Legal Nonconforming to Conforming at 3849-51 & 3850-52 Park -view Court 3 Staff report accepted as part of the record. The petitioner requests a Conditional Use Permit to make a legally established use that was made nonconforming by this chapter a legal use. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The CUP request to change the use status from nonconforming to conforming is mainly to remove restrictions and limitations set forth by the Nonconforming Use Section of the Zoning Ordinance. The zoning of the property is Multi - Family Residential-12 (MR-12) which allows multi -family uses and structures with a minimum of three units per structure. The subject site only has two principal structures. The unit density of the property can be considered low for a MR-12 zoned site at 3.2 units per acre. Based on the layout of the existing structures, it is unlikely additional dwelling units can be constructed. The applicant is not proposing any changes to the site other than the planned addition to the northern building. The use of the property will continue to be used as a two duplex development and will not have any impact on the surrounding properties. There will be no adverse effects on the surrounding area since the use is already established with no significant changes planned. He said staff recommends approval of the proposed Conditional Use Permit with the findings and conditions listed in the staff report. Ms. Propp opened technical questions to staff. Ms. Davey stated that 2850-3852 should be corrected to 3850-3852 on the Plan Commission agenda. Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. Ms. Barbara Renoux thanked Plan Commission for their consideration of this permit. She is looking forward to moving back to Wisconsin where she was born and raised and where all of her family resides there. She said that although it is lovely, Arizona is not family and she is anxious to return home to Wisconsin. There were no public comments on this item. Ms. Propp 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 Ford to adopt the findings and recommendation as stated in the staff report. Seconded by Coulibaly. Ms. Propp asked if there was any discussion on the motion. Item IV— CUP to Change Use Status from Legal Nonconforming to Conforming at 3849-51 & 3850-52 Park -view Court 4 There was no discussion on the motion. Motion carried 7-0. Item IV— CUP to Change Use Status from Legal Nonconforming to Conforming at 3849-51 & 3850-52 Park -view Court 5 L/(."'(}IpOWaweualg/6df•L-dno/Ieul61.ipaweuel!l/o/ unOaae/66L17S/p(anblun/juaw4aeue;a6/a6essawMalA/Ilew/dyd•xapul/;au-wnipads-I(ewg9mH:sd14y S Dept. : Cityof Oshkosh A Application 215 orCanm.. P.O. Box 1130eni Ashkosh PP CshtOH rch Ave.. P.O 03.1I30Conditional Use Permit Oshkosh WKconsi5 5903.1130 PHONE I92o) 236-5059 -PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner. Barbara J. Re—nOux Date: /0 29 2020 Peiiloner's Address: 2401 Leah lane City: Prescott- state:AZ Zip: 94 301 Telephone 4: (M) q23-42 4 Email: bL dir prCBGGtt@ Contact preference: ❑ Phone VEmcl u -- gLYki;1. cwn Status of Petitioner (Please Check): eOwner J Representative u Tenant L Prospective Buyer Petitioner's Signature (required): -46Atj=� Date: /d V �-D OWNER INFORMATION Owner(s): Barbara and Jean-ClauAe lZenbux Date:/o soao Owner(s)Address: 2401 Leah% Lane. city: Prescott State: AZ_zip: 863o1 Telephone It: (129) 9o23-41-46 Emal:hjPIfiPeSC "Q Contact preference: ❑ Phone VEmoil Fho li-eom Ownership Status (Please Check): &/Individual Li Trust L Partnership J Corporafion 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: 7VAMhGLLt/�X./C 2r ifs bote: !0 2 2O2D &rbara a Qgnaux Jean -Maude RenouX SITE INFORMATION Address/Location of Proposed Project: .3$J'DhO52. Parwew at. Osh kosh , w l sqq m Proposed Project Type: add anadd;tion and one a*ached 90,rale. 'to be use -I'cr evur primarl and -family Current Use of Property: rervWs Zoning: use yrnul--�� Land Uses Surrounding Your Site: North: O_OMI1Ml1 j s Par-K South: JC %APNd-ial homes East: residenf(al homes West: C%prtment butWing8 "Please note that a meeting notice will be mailed to all abutting properly owners regarding your request. s 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. Y Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City's website at www.cl.oshkosh.wt.us/Community_Development/Plonning.htm Staff Date Rec'd (ooZZxooLL) 6df'L-dnD oZOVOE/o1, L/L"'!}!po(Ajaweual!}/bdfZ-dn:)/lew6!.tpaweuel!}/p/junoaae/66LtS/planbiun/;uawgae;4eia6/aBesse wmeiA/yew/dqd•xapui/Teu•wnipads•I!ewgem//:sd4q Briefly explain how the proposed conditional use will not have a ne alive effect on the Issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. none. 2. Pedestrian and vehicular circulation and safety. done.. 3. Noise, air, water, or other forms of environmental pollution. Vlone. 4. The demand for and availability of public services and facilities, pdread� in plo!ce. S. Character and future development of the area. noAhin� ne'ja'iiVe, --in Jxct,lile proposal will improve the area 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) D A narrative of the proposed conditional use and project Including: a' Proposed use of the property W Existing use of the property e Identification of structures on the property and discussion of their relation to the project rd Projected number of residents, employees, and/or dairy customers Er 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 a Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Surrounding land uses D CompatibiTty 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 D 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 dote 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 "=60'1 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 a All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, wags ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of oil 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 fighting 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 sheet or residentiol use or district). Mechanical equipment includes, but is not limited to: HVAC equipment, electrical transformers and boxes, exhaust tllies, plumbing vents, gas regulators, generators (00ZZX00L0 6df•Z-dnD OZOVIDE/OL L/L •••I4Ipolnlaweuall}/6df•£'dn:)/leUl6laoaweuell}/0/4uno:)ae/66I,tS/pIon blun/4uawq:)epe}a6/a6essawnnalA/Ilew/dqd•xapul/4au•wm4oads•IlewgaM//:sd4q DATE: 10/29/2020 TO: City of Oshkosh Zoning Ordinance Dept. of Community Development 215 Church Ave. Oshkosh, WI 54903 FROM: Barbara and Jean-Claude RENOUX 2401 Leah Lane Prescott, AZ 86301 RE: Conditional Use Permit We recently purchased the property at 3849/3851/3850/3852 Parkview Ct. Oshkosh, Wi 54901. The property contains 2 duplex buildings and a 4-stall garage on 1.25 acres of land. At the time of purchase and up to the time of this writing, all four units are rented. While we currently live in Arizona, all my family lives in the Fox Valley. With the purchase of this property, we have hopes of returning to the area, and specifically to this property to live permanently. Our proposal is to keep one duplex building as a rental. The second duplex would then be renovated to accommodate 2 residences, one for ourselves and one for my mother. The renovation would include adding on to the back of the duplex, an additon of 10 feet by the length of the entire duplex building. It would also include building an attached double car garage [20'x20'] to the far -right unit at the end of an existing driveway. Attached is a plot map indicating the proposed additions. We are taking this project a step at a time. We need the Conditional Use Permit in order to move forward. We are currently contacting several construction companies, but have made no comittments until we have permission to build. Our goal is to begin building in the spring of 2021. We respectfully request that this CUP be granted. Thank you for your time and consideration. (00ZZx00Z[) 6df'E-dn:) OZOZ/OE/OL 10/30/2020 platmap.jpg (1700x2200) 66.76 3768 1 223.17' y 2 O o - a - PARKVIEW CT oo N 3758 s, 06 38'e �9 — � o 223.97' a's.zy 159.97' 129.6' 3350 Parltvi 'y SIt• x 1In=0.01mi tin=50tt / The Cty of Oshkosh neates aid m irbi s GIS maps and data for he am use. They may show the appro,imate relaSe bcalbn of popedy, boundaries and other feature from a vadety of sources. Printing Date: 10/29/2020 These maplsydatasets are prodded for iNorma5on purposes only and may nol to sut5denl u Oshkosh appropriate far legal, e,gineerkV, o soveying purposes. They are pm%ided 'ASaS' wdhod Prepared by: City of Oshkosh, WI w rran5as Many Idnd and the Cityof Oshkosh assumes no fiabgily louse o❑isuse. H.l'F'n'Aa�nhO B— My 4 42019..A Usx. kfn https://webmai1.spectrum.net/index.php/mailNewmessage/getattachment/uniqueI d/54199/account/0/filenameOrig inal/platmap.jpg/filenameMod i... 1 /1 10/30/2020 IMG_20200616_132628-B.jpg(1046x483) https://webmai1.spectrum.net/index.php/mail/viewmessage/getattachment/uniqueld/54199/account/0/filenameOriginal/I MG_20200616_132628-B.j... 1 /1 pp1 moos Ct 10 � 94 '� CUP BLUE MOON HOLDINGS LLC / DALE W BONFIGT SUMMERSET ASSOCIATES LLC 3849 PARKVIEW CT 3825 PARKVIEW CT PC: 12-01-2020 PO BOX 3808 OSHKOSH WI 54901 OSHKOSH WI 54903 DAVID F/GLORIA L PAGEL 3805 PARKVIEW CT OSHKOSH WI 54901 JEFFREY/KELLY WEISJOHN 240 E SNELL RD OSHKOSH WI 54901 PAUL R/SHERRI L GETCHEL 4466 HARBOR VILLAGE DR OMRO WI 54963 GABERT PROPERTIES LLC 3398 LEONARD POINT LN OSHKOSH WI 54904 LAWRENCE/CAROL A MCBRAIR 3800 PARKVIEW CT OSHKOSH WI 54901 WINNEBAGO COUNTY PARK PO BOX 2808 OSHKOSH WI 54903 JEFFREY D HANSEN 1178 OLD KNAPP RD OSHKOSH WI 54902 MICHAEL S MAKUS 208 E SNELL RD OSHKOSH WI 54901 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901 CARMELLA UPTAGRAFT THERESA GATCHEL JEAN CLAUDE/BARBARA J RENOUX 75 FARMSTEAD LN 10 FARMSTEAD LN 2401 LEAH LN OSHKOSH WI 54901 OSHKOSH WI 54901 PRESCOTT AZ 86301 j �f 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=0.03mi 1in=150ft Printing Date: 11/17/2020 Prepared by: City of Oshkosh, WI vv Oshkosh 4f Pr I �l� ill �'j 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=0.09mi 1 in=500ft Printing Date: 11/18/2020 Prepared by: City of Oshkosh, WI I n-I ,or Oshkosh _ N &— A JJ�f9 PAI�1�\11E'Yl rig f 1in=8.0ft 1 in=80ft 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: 11/18/2020 AV information are responsible for verifying accuracy. For full disclaimer please go toC www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI Oshkosh u