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HomeMy WebLinkAbout23. 21-49JANUARY 26, 2021 21-49 RESOLUTION (CARRIED__7-0__LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 544 WEST 17TH AVENUE INITIATED BY: MICHAEL/STEPHANIE GROTELUESCHEN PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit for an adaptive reuse at 544 West 17th Avenue, is consistent with the criteria established in Section 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for an adaptive reuse at 544 West 17th Avenue, per the attached, is hereby approved. ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 544 W. 17th AVENUE GENERAL INFORMATION Applicant: Spencer Morse Property Owners: Michael/Stephanie Grotelueschen Action(s) Requested: The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 544 W. 17th Avenue. Applicable Ordinance Provisions: Adaptive Reuses 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 subject site is located on the north side of W. 17th Avenue, east of Ohio Street. The subject parcel is about 0.17 acres (7,500 sq. ft.) in size and is developed with an existing 1,474 sq. ft. auto service garage and associated parking area. The site is surrounded predominantly by a mixture of single-family residential and commercial land uses. Subject Site: Existing Land Use Zoning Auto service garage NMU Adjacent Land Use and Zoning: Existing Uses Zoning North Residential TR-10 South Residential & Vacant SR-9 West Residential & Commercial NMU & TR-10 East Residential NMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS The applicant is requesting approval for an adaptive reuse of the site to convert the western portion of the existing auto service building to cider production and retail floor area. The eastern portion of the building will continue to be used as a private garage/workshop utilized by the property owner. Item II– CUP Adaptive Reuse – 544 W. 17th Ave. Aerial view of subject property (highlighted in blue) According to the applicant, the only exterior change to the site will be the addition of an 8’ X 15’ walk-in cooler to be constructed on the rear of the building for storage of hard cider products. Interior modifications will include installation of multiple sinks and a new gas water heater. The building currently has a bathroom that customers will have access to and a hand rail will be installed. A 4’ X 8’ wall sign will also be installed on the street-facing façade. Street view of subject property The applicant notes that their product will primarily be delivered directly to customers via personal vehicle. Deliveries of supplies to the site are expected at a maximum of 1-2 times per week by small delivery truck. Sales will also be conducted within the building. It is not expected that more than two customers will be at the cidery at a time. Expected operation hours are weekdays 4 PM – 9 PM and weekends 12PM – 9 PM. The two owner/operators will be the only employees. The existing parking area has 4 stalls which will be sufficient for employee and customer parking. Item II– CUP Adaptive Reuse – 544 W. 17th Ave. Site Plan A virtual neighborhood meeting was held on December 10, 2020. The neighbors voiced support for the proposed use of the site. Staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the proposed cidery use will not have a detrimental impact on the surrounding area and is compatible with surrounding land uses. 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): Item II– CUP Adaptive Reuse – 544 W. 17th Ave. (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 for an adaptive reuse at 544 W. 17th Avenue as proposed with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested. The following is the Plan Commission’s discussion on this item. Site Inspections Report: Ms. Propp, Mr. Groth, and Mr. Hinz reported visiting the site. Staff report accepted as part of the record. The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 544 W. 17th Avenue. 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 applicant is requesting approval for an adaptive reuse of the site to convert the western portion of the existing auto service building to cider production and retail floor area. The eastern portion of the building will continue to be used as a private garage/workshop utilized by the property owner. According to the applicant, the only exterior change to the site will be the addition of an 8’ X 15’ walk-in cooler to be constructed on the rear of the building for storage of hard cider products. Interior modifications will include installation of multiple sinks and a new gas water heater. The building currently has a bathroom that customers will have access to and a hand rail will be installed. A 4’ X 8’ wall sign will also be installed on the street-facing façade. He said that staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the proposed cidery use will not have a detrimental impact on the surrounding area and is compatible with surrounding land uses. Ms. Propp opened up technical questions to staff. Mr. Hinz asked if anything was going to be done aesthetically with the exterior of the building because it hasn’t been the best maintained. He is not saying it’s an eyesore, but he was wondering if anything new will be going into it. Item II– CUP Adaptive Reuse – 544 W. 17th Ave. Mr. Lyons replied that they were proposing limited exterior changes to the building, but they were looking to clean it up a little bit. Mr. Mitchell asked if it puts in place any sort of requirement like a dumpster enclosure if they’re not doing much on the exterior. Mr. Lyons replied that there is a dumpster there. Some of those things will need to be addressed when updating a land use through a conditional use permit. There are some required improvements for non-conforming situations similar to the dumpster. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Mr. Spencer Morse thanked Plan Commission for their time. The picture that they were looking at of the front of is from Google Maps and it actually looks a little better now. The left side is a garage door and the current owner has spiffed it up. They’ve also talked about painting the outside and probably at least conditioning the parking area in front. It’s a very small cidery that they are looking to setup. They’re not quitting their day jobs, so they won’t be there much during the day. The dumpster in the picture is the next door neighbor’s. They might even be able to work with him to use the same dumpster, but the dumpster wouldn’t even be on the property. It looks a lot better now and there won’t be much traffic. State law only allows them to stay open until 9pm, so they are very conscious of the neighborhood and keeping it a great neighborhood. Mr. Coulibaly asked if heat or any other hazard is involved with the cider production process. Mr. Morse replied that some of the breweries in town have heating equipment where they do actually heat liquid. In their case they do not, explaining that it is like wine-making but with apple juice and it ferments naturally at room temperature. All the chemicals they use to clean their small system are non-caustic and designed for these small systems. There is nothing they see as a hazard. Mr. Groth asked if there would be retail space included that they might anticipate needing or any special functions that might require additional parking. Mr. Morse replied that they see this as really a very small business where it is mostly going to be production. Most of the sales are going to be business to business or online. They plan on having a very small reach-in cooler that people can show up and buy some product or sample some product. It would not be a place for events or gatherings. If it grew to be larger where they could quit their day jobs, they would probably move elsewhere in Oshkosh. There were no public comments on this item. Ms. Propp closed public comments and asked if the applicant wanted to make any closing statements. Item II– CUP Adaptive Reuse – 544 W. 17th Ave. Mr. Morse thanked the commission for their time and Mr. Slusarek for helping them through the process. 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. Mr. Mitchell thanked Mr. Morse for coming and talking about the project and answering their questions. It is an exciting development that goes along with the 5th ward and similar type growth that they’ve seen in the community. He wished Mr. Morse luck with the new venture. Mr. Hinz stated that he is also excited to see this project, especially in this area. It is really good to see the south side of Oshkosh getting some new and exciting things. He thanked the petitioner and thanked staff for helping with the process. Motion carried 9-0. Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 CUP 544 W 17TH AVE PC: 01-19-21 ANTHONY P JUNGWIRTH 532 W 17TH AVE OSHKOSH WI 54902 BRUCE W/RISA L SCHREIBER 1670 OHIO ST OSHKOSH WI 54902 GARRY C LEE 2909 LAURIE AVE PANAMA CITY FL 32408 GERALD W KUNDE 1356 GREEN ACRES LN NEENAH WI 54956 KATHLEEN BENKOSKE 535 W 17TH AVE OSHKOSH WI 54902 MICHAEL A/KAREN S BEHM 539 W 17TH AVE OSHKOSH WI 54902 NANCY L EBERT REV TRUST PO BOX 3207 OSHKOSH WI 54903 RAN VENTURES LLC 552 W 17TH AVE OSHKOSH WI 54902 ROBERT J/CORRIE L HEARN JR 553 W 17TH AVE OSHKOSH WI 54902 MICHAEL/STEPHANIE GROTELUESCHEN 1684 OHIO ST OSHKOSH WI 54902 SPENCER MORSE 911 MERRITT AVE OSHKOSH WI 54901 Page 15 OHIO STOHIO STW 17TH AVW 17TH AV MICHIGAN STMICHIGAN STC:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/21/2020 1 in = 120 ft1 in = 0.02 mi¯544 W 17TH AVE544 W 17TH AVE 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 Page 16 I SR-9 TR-10 I SR-5 I I I HI SR-9 UI NMU MR-12 UMU UMU UMU UMU MR-12-PD TR-10-PD South Park OHIO STOHIO STW 20TH AVW 20TH AV W S O U T H P A R K A V W S O U T H P A R K A V IOWA STIOWA STW 18TH AVW 18TH AV W 17TH AVW 17TH AV W 19TH AVW 19TH AVGEORGIA STGEORGIA STMICHIGAN STMICHIGAN STMINNESOTA STMINNESOTA STDELAWARE STDELAWARE STW 16TH AVW 16TH AV W 15TH AVW 15TH AV W 14TH AVW 14TH AV W 12TH AVW 12TH AV F L O R I D A A VFLORIDA A V SIMPSON STSIMPSON STHUBBARD STHUBBARD STMC CURDY STMC CURDY STALASKA STALASKA STMONTANA STMONTANA STPLUMMER STPLUMMER STFAIRLAWN STFAIRLAWN STOOSSBBOORRNN AAVV HHAARRMMEELL AAVV W 12TH AVW 12TH AV C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/21/2020 1 in = 500 ft1 in = 0.09 mi¯544 W 17TH AVE544 W 17TH AVE 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 Page 17 C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/21/2020 1 in = 80 ft1 in = 0.02 mi¯544 W 17TH AVE544 W 17TH AVE 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 Page 18