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Home My WebLink About09. 21-261MAY 25, 2021 21-261 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ALLOW A ROOF- MOUNTED SMALL SOLAR ENERGY SYSTEM AT 350 LEGION PLACE INITIATED BY: APPLETON SOLAR, LLC PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit to allow a roof-mounted small solar energy system at 350 Legion Place, 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 to allow a roof-mounted small solar energy system at 350 Legion Place is hereby approved, per the attached. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: May 20, 2021 RE: Approve Conditional Use Permit to Allow a Roof-Mounted Small Solar Energy System at 350 Legion Place BACKGROUND The applicant is requesting a Conditional Use Permit to allow placement of a roof-mounted small solar energy system on an existing single-family house located at 350 Legion Place. The 9,300 square foot (.21 acres) subject site (aerial below) is located along the east side of Legion Place. The site consists of a 3,574 square foot, two-story single-family house with an attached garage constructed in 1920. The surrounding properties are all single family uses, along with The Waters to the north (across Winnebago Avenue.). The property has Lake Winnebago water frontage on the east side. ANALYSIS The applicant is proposing to install a grid-tied solar array on the south-facing roof of the existing home. The system will include 18 black solar panels which will be approximately ¾” off the roof surface and mounted at the same pitch as the roof surface. The proposed placement is in the most logical location available. The array will be minimally visible from the street and waterfront and southern exposure is most desirable to take advantage of the sun’s rays. The petitioner’s application states that the solar array will not negatively impact the health, safety, and general welfare of the occupants of the neighboring properties. 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 and noted that structural calculations will need to be provided for the panels on the roof to verify the roof can accept the weight of the panels. This is required prior to building permit issuance. RECOMMENDATION The Plan Commission recommended approval of the conditional use permit as requested on May 18, 2021. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager Item II – CUP/Small Solar Energy System – 350 Legion Pl ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ALLOW A ROOF-MOUNTED SMALL SOLAR ENERGY SYSTEM AT 350 LEGION PLACE Plan Commission meeting of May 18, 2021. GENERAL INFORMATION Applicant: Appleton Solar, LLC Owners: Charles Dahlke & Abby Frucht Action(s) Requested: The applicant is requesting a Conditional Use Permit to allow placement of a roof-mounted small solar energy system on an existing single-family house located at 350 Legion Place. 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 9,300 square foot (.21 acres) subject site (aerial below) is located along the east side of Legion Place. The site consists of a 3,574 square foot, two-story single-family house with an attached garage constructed in 1920. The surrounding properties are all single family uses, along with The Waters to the north (across Winnebago Ave.). The property has Lake Winnebago water frontage on the east side. Item II – CUP/Small Solar Energy System – 350 Legion Pl 2 Subject Site: Existing Land Use Zoning Single-Family Residential Single-Family Residential-9 Lakefront Residential Overlay (SR- 9 - LRO) Recognized Neighborhood Organizations Stevens Park Adjacent Land Use and Zoning: Existing Uses Zoning North Single-Family Residential Single-Family Residential-9 Lakefront Residential Overlay (SR- 9 - LRO) South Single-Family Residential Single-Family Residential-9 Lakefront Residential Overlay (SR- 9 - LRO) West Single-Family Residential Single-Family Residential-9 (SR-9) East Lake Winnebago Lake Winnebago Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Light Density Residential ANALYSIS The applicant is proposing to install a grid-tied solar array on the south-facing roof of the existing home. The system will include 18 black solar panels which will be approximately ¾” off the roof surface and mounted at the same pitch as the roof surface. The submitted plan below shows the placement of the proposed solar panels. Item II – CUP/Small Solar Energy System – 350 Legion Pl 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. Item II – CUP/Small Solar Energy System – 350 Legion Pl 4 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. The array will be minimally visible from the street and waterfront and southern exposure is most desirable to take advantage of the sun’s rays. The petitioner’s application states that the solar array will not negatively impact the health, safety, and general welfare of the occupants of the neighboring properties. 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 and noted that structural calculations will need to be provided for the panels on the roof to verify the roof can accept the weight of the panels. 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 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 350 Legion Place as proposed with the findings listed above. The Plan Commission approved of the conditional use permit with conditions on May 18, 2021. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. Item II – CUP/Small Solar Energy System – 350 Legion Pl 5 The applicant is requesting a Conditional Use Permit to allow placement of a roof-mounted small solar energy system on an existing single-family house located at 350 Legion Place. 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 proposing to install a grid-tied solar array on the south-facing roof of the existing home. The system will include 18 black solar panels which will be approximately ¾” off the roof surface and mounted at the same pitch as the roof surface. The submitted plan below shows the placement of the proposed solar panels. Staff recommends approval of the proposed Conditional Use Permit for installation of a small solar energy system accessory use at 350 Legion Place as proposed with the findings and conditions listed in the staff report. Ms. Propp opened up technical questions to staff. Ms. Propp asked on behalf of the sustainability board why they have to do a conditional use permit for a solar energy system. Mr. Lyons said that it is in the zoning ordinance as a conditional use permit. When it was drafted in 2017 state law outlines that you can require a conditional use permit. Legally we are allowed to require a CUP for these. We do have a member of staff and a volunteer intern who have been researching how our ordinances compare to the greater Fox Valley area and communities of similar size in Wisconsin and they will be presenting those findings to SAB and Plan Commission in June. If appropriate, we may process a code amendment. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. Ingrid Nahm, Appleton Solar LLC, applicant, said that the summary is sufficient. There were no other public comments on this item. There were no public comments on this item. Ms. Propp closed public comments 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. There was no discussion on the motion. Item II – CUP/Small Solar Energy System – 350 Legion Pl 6 Motion carried 8-0. Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 CUP 350 LEGION PL PC: 05-18-2021 WFW ENTERPRISES LLC 1373 WAUGOO AVE OSHKOSH, WI 54901 ANN/PETER & JEFFREY ALBRIGHT REV TRUST 354 LEGION PL OSHKOSH, WI 54901 DAVID J VROMAN 347 LEGION PL OSHKOSH, WI 54901 LARRY LAUTENSCHLAGER 1215 CARR PL OSHKOSH, WI 54901 RON HANSCHE 53 EVELINE ST OSHKOSH, WI 54901 STEVE A JIRSCHELE 1381 WINNEBAGO AVE OSHKOSH, WI 54901 STUART N SCHROTTKY 339 LEGION PL OSHKOSH, WI 54901 TIMOTHY PAULSEN/CHRISTIE M DEMOSTHENOUS 344 LEGION PL OSHKOSH, WI 54901 WILLIAM H CARVER 336 LEGION PL OSHKOSH, WI 54901 APPLETON SOLAR LLC 31 BELLEVUE PL APPLETON, WI 54913 CHARLES N DAHLKE/ABBY L FRUCHT 350 LEGION PL OSHKOSH, WI 54901 Page 11Oshkosh City LimitOshkosh City LimitWASHINGTON AVWASHINGTON AV RAHR AVRAHR AV WINNEBAGO AVWINNEBAGO AVLAMPERT STLAMPERT STLEGION PLLEGION PLC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/20/2021 1 in = 120 ft1 in = 0.02 mi¯350 LEGION PL350 LEGION PL 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 12 I SR-9 I I-PD I UMU-PD UMU UMU-PD SR-9-LRO SR-5-LRO Menominee Park Oshkosh City LimitOshkosh City LimitHAZEL STHAZEL STCEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AV OTTER AVOTTER AVROSALIA STROSALIA STWAUGOO AVWAUGOO AV PPRRAATTTTTTRRMERRITT AVMERRITT AV RAHR AVRAHR AV WINNEBAGO AVWINNEBAGO AV HARNEY AVHARNEY AV LINDE STLINDE STSCHOOL AVSCHOOL AV S S II EE WWEERRTTTTRR BABBITZ AVBABBITZ AV EVELINE STEVELINE STFFRRAANNKKFFOORRTTSSTTLLAAKKEESSHHOORREEDDRRLANE STLANE STLEGION PLLEGION PLC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/20/2021 1 in = 500 ft1 in = 0.09 mi¯350 LEGION PL350 LEGION PL 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 13C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/20/2021 1 in = 100 ft1 in = 0.02 mi¯350 LEGION PL350 LEGION PL 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