HomeMy WebLinkAboutItem IIITEM II-223 N. Main Street - Design Standards Variance 1
PLAN COMMISSION STAFF REPORT FEBRUARY 2, 2021
ITEM II: CENTRAL MIXED-USE DESIGN ALTERATION REVIEW AND DESIGN
GENERAL INFORMATION
Applicant: Vision Architecture, LLC
Owner: Kindred Investments
Action(s) Requested:
The applicant is proposing façade work on a Downtown Central Mixed-Use (CMU) building
which requires a Central Mixed-Use Design Alteration Review and Design Standards Variance.
Applicable Ordinance Provision the Variance is being requested:
Code Reference Regulation
Section 30-245(A)(3)(ii) Design Alteration Review (change only in the exterior appearance
of a nonresidential or multi-family property such as painting,
roofing, siding, architectural component substitution, fencing,
paving, or signage)
Section 30-245(A)(6)(b) In General. Buildings shall be restored relying on physical
evidence (such as photographs, original drawings, and existing
architectural details) as much as possible, in keeping with the
design theme described in Subsection (4) above, as determined by
Plan Commission.
Section 30-245(A)(6)(c) Materials and features identical to the original exterior materials
and surface features shall be used. If replacement with identical
materials and features is not possible, other features and materials
may be used, provided they are compatible with the design and
style of the building, as determined by Plan Commission.
Section 30-245(A)(6)(c)(ii) Significant architectural features, including cornices, moldings and
coursings shall be preserved or replaced with identical features and
materials wherever possible.
Section 30-245(A)(6)(d)(i) Original window and door openings shall not be blocked. Where
now blocked, blocked window and door openings shall be restored
where possible.
Section 30-245(A)(6)(e)(i) Display windows shall be restored to their original appearance.
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STANDARDS VARIANCE FOR PROPOSED FAÇADE WORK AT 223 N.
MAIN STREET
ITEM II-223 N. Main Street - Design Standards Variance 2
Property Location and Background:
The aerial image above shows the subject property at 223 North Main Street. Opera House square is to
the north across High Avenue and North Main Street is immediately to the east.
The subject property is a mixed-use building located at 223 N. Main Street and the lot is
approximately 3,134 square feet in area. The property contains commercial uses on the ground
floor and multi-family residential on the upper floor. The surrounding area consists of a
commercial bank to the west, Opera House Square to the north and commercial uses to the east
and south. The building at 223 N. Main Street abuts the neighboring building to its immediate
south. A number of commercial uses are located on the ground floor of the building. The
building is divided into two halves. In 2018 the owner received a design standards variance for
façade alterations on the west half of the façade facing Opera House Square and a portion of the
façade facing Commerce Street. For the current request, the applicants seek approval to make
modifications to the North Main Street façade. The proposed modifications are limited to this
façade on the eastern half of the building.
The applicants would like to conduct façade alteration work on the building. They conferred
with a number of city staff on multiple occasions. Staff has visited the site and gone by the site
multiple times. Staff asked the applicants to attend a Landmarks Commission meeting to
discuss their proposed work with the Commission and seek input from the Commission. Such
a discussion would also allow the Commission to weigh in. The applicants attended the
January 13, 2021 Landmarks meeting and shared their ideas with the Commission. They
presented their design for the new North Main Street façade of the building to the Commission
for input. After the Commission engaged in dialogue with the applicants they stated that they
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ITEM II-223 N. Main Street - Design Standards Variance 3
appreciated the applicants taking time to attend the meeting and seek Landmarks’ input. The
Commission voted 6-0 to recommend approval of the work as proposed, noting that the
building had already undergone significant alterations in the previous 100 or so years. The
Commission noted also that the work as proposed was limited to the North Main Street façade
and would result in less disruption of the building’s historic features than the previous façade
renovations from 2018. In the 2018 renovations on the western half of the building, the work
involved the removal of the ceramic tile from the base of that façade and the transom glass
between the ground and second floors.
As in the prior variance request it is important to note that the applicants’ appearance at the
January 13 Landmarks meeting was a courtesy. Section 30-245(A)(3)(d) of the Central Mixed-
Use Design Standards prescribes when an appearance before the City’s Landmarks Commission
is required. The section requires consultation and a recommendation from Landmarks for
projects proposed on properties designated as historic, contributing to an historic district or
considered by a study or survey to be eligible for listing on a local, state or national register.
The building at 223 N. Main Street was listed in the 1980 Intensive Historic Resource Survey as
ineligible for listing on the State and National Registers by HNTB. The building is not a
contributing structure or local Landmark, so the CMU Design Standards do not afford the
Landmarks Commission any formal jurisdiction over the review and approval process for work
proposed to the property. The subject building has undergone a substantial degree of alteration
over time and its historic integrity was significantly diminished as a result. However, since the
building is located adjacent to the North Main Street Historic District and Opera House Square,
it is very prevalent and modifications can have a major impact visually. This is why staff
referred the applicants to the Landmarks Commission. The Landmarks recommendation
reflects an understanding of both the building’s visual prominence and large scale
modifications over the years. The recommendation sought to balance historical sensitivity with
the property owner’s interest in the continued use of her building. The Plan Commission is not
under any obligation prescribed by ordinance to incorporate Landmarks input, but staff
thought it would be helpful to mention the Landmarks recommendation as part of the
background.
Any work conducted on a CMU structure is subject to the restrictions in the CMU Design
Standards. These standards are among the most prescriptive design standards in the zoning
ordinance, with far more restrictions than base residential or commercial design standards.
Many of the buildings in the CMU district are located Downtown in highly visible locations and
are part of a unique fabric of varying yet complementary older or formally historic buildings.
The CMU Design Standards seek to preserve the architectural and historical character of the
CMU district. The standards regulate the type of work permitted for CMU structures, the
manner in which proposed work may receive approval and the methods for carrying out such
work. The CMU Design Standards require proposed work to remain consistent with the CMU
Design Theme for the district (see below).
Section 30-245(A)(4): Design Theme: The design theme for the Central Mixed Use District is based on its
historical, pedestrian-oriented development pattern that incorporates retail, residential, and institutional
uses. Building orientation and character includes minimum setbacks at the edge of the sidewalk, multi-
story structures, use of alleys for access, and on-street or other off-site parking. The design theme is
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ITEM II-223 N. Main Street - Design Standards Variance 4
characterized by a variety of architectural styles popular at the time, including Italianate, Romanesque,
and Neoclassical, in a 2- or 3- story format with office, storage, or residential located over commercial.
The facades of these buildings have a traditional main street storefront appearance, are relatively small in
scale, have street yard and side yard setbacks of zero feet, have prominent horizontal and vertical patterns
formed by regularly spaced window and door openings, detailed cornice designs, rich detailing in
masonry coursing, window detailing and ornamentation, and are predominantly brick, stone, or wood.
Exterior building materials are of high quality. Exterior appurtenances are minimal. Exterior colors
harmonious, simple, and muted. Exterior signage blends, rather than contrasts, with buildings in terms
of coloring (complementary to building), location (on-building), size (small), and number (few).
The applicants’ façade work involves changes in the exterior appearance of one (the North Main
Street) building facade. The large recess on the first floor would be removed, the awning
between the first and second floors removed and a new glass transom installed at the location of
the existing awning. The applicants’ proposal includes opening up the corner of the façade and
shifting the entrance from its current location in the large recess over to the corner. This work
would maintain all other window and door openings at their current locations. The work
would however, include the replacement of three second floor windows with pane windows.
The work would not restore the building back to a period appearance. Work involving new
siding or façade alterations such as this is classified as a Design Alteration by the CMU Design
Standards and requires a Design Alteration Review. Staff has the discretion to refer such work
to the Plan Commission for review and consideration. The CMU Design standards in general
require restoration and maintenance of period features, and original window and door
openings. The standards do however, afford the Plan Commission the discretion to determine
whether:
Work proposed for a CMU structure is in accordance with Subsection (4) listed above
Proposed materials and features are compatible with the design and style of the building
Preservation of any and all elements is or is not possible
Staff is of the opinion that the proposed work explained above requires Plan Commission
review and a design standards variance since it would involve modifications inconsistent with
several of the CMU Design Standards.
Subject Site
Existing Land Use Zoning
Mixed Use (Commercial and Multi-family Residential) CMU
Recognized Neighborhood Organizations
Not Applicable – No recognized neighborhood currently
Adjacent Land Use and Zoning
Existing Uses Zoning
North Opera House Square Institutional
South Mixed-Use CMU
East Mixed-Use CMU
West Commercial CMU
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ITEM II-223 N. Main Street - Design Standards Variance 5
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Center City
VARIANCE CRITERIA
The City’s Zoning Ordinance establishes design standards for the CMU district with the overall
purpose/intent to:
“Implement the urban design recommendations of the Comprehensive Plan, by preserving and enhancing
the historical quality of the downtown, and by attaining a consistent visually pleasing image for the
downtown area, as defined by the mapped boundaries of the Central Mixed Use District”.
The standards apply to all “new development and changes to the exterior of any building within the
mapped boundaries of the Central Mixed Use District.”
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 intent of the standards have been incorrectly interpreted;
2. Standards do not apply to the particular project; and/or
3. Enforcement of the standards causes unnecessary hardship.
When taking action, the Plan Commission shall make findings per the following, as described
in Section 30-411(F)(1):
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 applicants would like to perform work on the North Main Street facade of the building.
They would like to concentrate their façade work on the eastern façade of the building with
emphasis on the ground floor. The scope of work would include the following:
Removal of the large recessed area on the first floor
Removal of the current awning between the first and second floors
Installation of new glass transom between first and second floors in location of current
awning
Opening up of the front corner
Shifting of front entrance from recessed area to front corner
Replacement of three existing windows on second floor with new pane windows in
same openings.
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ITEM II-223 N. Main Street - Design Standards Variance 6
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ITEM II-223 N. Main Street - Design Standards Variance 7
The above images compare and contrast the existing façade with the proposed new façade after work is
completed. The existing front façade was heavily modified in the time since the building was originally
constructed (pictures below).
Staff evaluated the completed work previously described and the impact on the architectural
integrity of the building in regard to the CMU Design Standards. The standards relate to
preserving the CMU district’s architectural integrity and the potential impact on adjacent
properties, the neighborhood character and “curb appeal” of the district. In working with the
applicant, staff considered:
Potential impact of not restoring the façade of the building back to a period or original
appearance
Potential impact of removing or covering significant architectural features
Potential impact of introducing new architectural elements not historically present on
the facade to be renovated
Potential impact of conducting the proposed façade work as opposed to leaving the
façade in its current state
Degree of alteration to the subject building over the years
Lack of formal historic designation for the subject property at the local, state, or national
level
Architectural character of neighboring properties
Impact of requiring the owner to restore the building to its historical appearance.
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ITEM II-223 N. Main Street - Design Standards Variance 8
The above image shows the original appearance of the subject façade when the
building was a bank after it was constructed.
This image shows the building after modifications were made to the original North Main Street façade.
Note the loss of the corner entrance, squaring off of the corner, and addition of brick to the second floor.
The façade appears to have greatly changed from its original appearance. The early photograph
above shows stone which appears to have been removed during subsequent façade revisions.
None of the original glass appears to remain on the subject façade. The storefront windows are
not original and date to a later time after the building’s construction. The diagonal corner and
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ITEM II-223 N. Main Street - Design Standards Variance 9
entrance in the historic photograph are both gone. Over time, the façade was modified and the
diagonal corner squared off and the entrance moved to the current recessed space off of North
Main Street. The architect and building owner do not propose to restore many of the original
features. However, their proposal eliminates the recessed area and restores the entrance to the
corner. The architects would also open up the corner at the ground floor, leaving the structural
column intact at the corner. Though this is not original to the building, it is similar to other
examples downtown and in other locations in the city.
The applicants state that the reason for the variance request is that the “CMU standards seek to
preserve historic buildings and the character of the downtown. This particular building has
endured many less historically sensitive alterations over its lifetime, creating a situation where
the standards do not apply.” The applicants believe that “the proposed renovations will
aesthetically and functionally improve the façade, as well as be a more appropriate fit within a
historic downtown setting.” The applicants also state that the improvements will enhance curb
appeal through the use of additional window areas and the creation of a transom window in an
area currently covered by an awning.
As mentioned earlier, the applicants attended a Landmarks meeting and engaged in dialogue
with the Commission. The Landmarks Commission and staff appreciated the applicants’
willingness to explain the proposed modifications at the Landmarks meeting. Landmarks
Commission involvement in the process is important for historic areas such as the downtown.
Older buildings, even if not formally designated as historic, may possess significance. Since the
building was heavily modified the Commission was supportive of the proposed modifications
and voted to recommend that Plan Commission approve the proposed design.
Staff is of the opinion that the proposed work will in a number of ways improve upon the
current conditions of the North Main Street façade. Staff has determined however, that the
work requires variances for several ordinance sections. One drawback of the proposed façade
work is that currently, the three second floor windows would be replaced with panel windows
not used anywhere else on the second floor. Ideally if the second floor windows were replaced
it would be with windows consistent in appearance with those on the High Avenue facade.
However, it appears the applicant is maintaining a design theme between the first and second
floor glass so staff can understand the applicant’s reasons for choosing the proposed windows.
Staff reviewed the CMU Design Standards described previously with the understanding that
the ground floor façade in question has greatly changed, the occupants and use of the building
have changed and materials on the façades have changed. Staff realizes that restoration of the
North Main Street façade back to its original conditions will require modifications to the
building’s interior spaces and changes in how the interior spaces are used. The Landmarks
Commission noted and staff would agree that the proposed work will eliminate fewer
significant features than the previous work completed in 2018 on the western portion of the
building. Based on all of this staff supports the variance request.
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ITEM II-223 N. Main Street - Design Standards Variance 10
RECOMMENDATION
Staff recommends the Plan Commission approves the variance request with the following
conditions and finding:
Conditions:
1. The variance shall apply only for work discussed as part of this variance request
(ground and second floor of the North Main Street facade).
2. All existing window openings on the second floor shall remain at their current sizes and
locations.
3. Any future façade work to be undertaken shall be filed as a separate request(s) and be
reviewed by staff and the Plan Commission.
Finding:
1. Due to special conditions, a literal enforcement of the provisions of the Zoning
Ordinance will result in unnecessary hardship.
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DSV
223 N MAIN ST
PC: 02-02-2021
BL BRANCH GROUP II LLC
120 E WASHINGTON ST STE 201
SYRACUSE NY 13202
BND ENTERPRISES LLC
5 WAUGOO AVE
OSHKOSH WI 54901
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903
CLOVER INVESTMENTS LLC
PO BOX 275
PENNINGTON NJ 8534
MCDAY HOLDINGS LLC
1014 EVANS ST
OSHKOSH WI 54901
THOMAS N RUSCH
3807 STATE ROAD 21 A
OSHKOSH WI 54904
KINDRED INVESTMENTS LLC
223 N MAIN ST
OSHKOSH WI 54901
VISION ARCHITECTURE LLC
121 1/2 W WISCONSIN AVE
NEENAH WI 54956
Page 14
Operahouse SquareN MAIN STN MAIN STHHIIGGHHAAVV
WASHINGTON AVWASHINGTON AV
ALGOMA BLVD
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WAUGOO AVWAUGOO AVBROWN STBROWN STJ:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd User: rachela
Prepared by: City of Oshkosh, WI
Printing Date: 1/18/2021
1 in = 100 ft1 in = 0.02 mi¯223 N MAIN STREET223 N MAIN STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
SUBJECTSITE
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd User: rachela
Prepared by: City of Oshkosh, WI
Printing Date: 1/18/2021
1 in = 500 ft1 in = 0.09 mi¯223 N MAIN STREET223 N MAIN STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
SUBJECTSITE
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd User: rachela
Prepared by: City of Oshkosh, WI
Printing Date: 1/18/2021
1 in = 70 ft1 in = 0.01 mi¯223 N MAIN STREET223 N MAIN STREET
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
SUBJECTSITE
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