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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 May 18, 2021 PLAN COMMISSION MINUTES May 18, 2021 PRESENT: Mamadou Coulibaly, Margy Davey, Michael Ford, John Hinz, John Kiefer, Phil Marshall, Kathleen Propp, Jay Stengel EXCUSED: Justin Mitchell, Derek Groth, Thomas Perry STAFF: Mark Lyons, Planning Services Manager; Allen Davis, Community Development Director; Justin Gierach, Engineering Division Manager; James Rabe, Director of Public Works; Brian Slusarek, Planner; Jeff Nau, Associate Planner; Steven Wiley, Associate Planner Chairperson Propp called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of May 4, 2021 were approved as presented. (Hinz/Davey) I. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW A FRONT YARD SETBACK NOT CONSISTENT WITH THE PREVAILING BUILDING SETBACKS FOR A NEW PORCH ADDITION AT 540 OLSON AVENUE Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The applicants are requesting approval of a variance from the City’s Residential Design Standards to allow a front yard setback not consistent with the prevailing building setbacks for a new porch addition at 540 Olson 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 property owner recently did a garage addition with a gable end on the home. The applicants now propose to remove the existing front stoop and add a covered 6 foot by 11 foot front porch addition to the existing home. Applicable ordinance sections generally require that new homes and additions follow the prevailing front yard setbacks along the block. In cases where the proposed porch addition would extend into the prevailing front setback, ordinance permits a 4 foot by 6 foot uncovered landing. The applicant’s proposed addition would extend into the prevailing front setback by approximately two to three feet. Due to this reason, staff informed the applicants that Plan Commission review and a design standards variance are necessary. Staff recommends approval of a variance from the City’s Residential Design Standards to allow a front yard setback not consistent with the prevailing building setbacks for a new porch addition at 540 Olson Avenue with the findings and conditions listed in the staff report. __________________________________ Plan Commission Minutes 2 May 18, 2021 Ms. Propp opened up technical questions to staff. Mr. Hinz asked staff if the applicant came to planning to request the setback or if that’s how it was before the ordinance. Mr. Lyons said that all of the home exceed the required setback under the ordinance and they were built before the ordinance went into effect. Mr. Hinz asked if it would be possible to change the ordinance. Mr. Lyons said he would be hesitant to do that because the scale of what they were talking about. If all of the homes were at 12 feet and you happen to have one at 8 feet, if you moved all the homes up to 8 feet would be a bigger impact then when we are talking about homes that are significantly behind the setback. Mr. Hinz asked what the current setback is. Mr. Wiley said that SR-3 zoning district setback currently is 25 feet. Mr. Hinz said that maybe if they all exceed the setback limits that maybe it could be allowed but he is trying to figure out how plan commission could avoid this for other people. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. 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 Hinz to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. __________________________________ Plan Commission Minutes 3 May 18, 2021 II. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ALLOW A ROOF- MOUNTED SMALL SOLAR ENERGY SYSTEM AT 350 LEGION PLACE Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. 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 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. __________________________________ Plan Commission Minutes 4 May 18, 2021 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. Motion carried 8-0. III. APPROVE PARTIAL LAND ACQUISITION OF 2240 WESTOWNE AVE Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval of a partial land acquisition located at 2240 Westowne Avenue. The subject site is developed with a storm water detention pond which is proposed to be expanded/combined with an existing city-owned basin located to the south within the Westowne Avenue right-of-way. 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 proposed land acquisition is trapezoidal-shaped approximately 112 feet by 135 feet and 0.38 acres in size. The area contains an existing storm water basin used to serve the Shell Station/McDonald’s site as well as ground signage. Just to the south is a city-owned storm water basin constructed when N. Washburn Street was realigned around 2007. It is the City’s intent to create a single larger basin by utilizing the two existing ponds. This will provide additional storm water management relief to the area. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial land acquisition of 2240 Westowne Avenue as requested. Ms. Propp opened up technical questions to staff. Mr. Ford asked what the timeline was on this. __________________________________ Plan Commission Minutes 5 May 18, 2021 Mr. Gierach said they will move forward with the acquisitions as soon as they get approvals and hopefully construction will start next year. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. 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 Keifer to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. IV. APPROVE LAND ACQUISITION OF 616 GRAND STREET Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue west of the north-south main line. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. In preparation of the reconstruction of E. Parkway Avenue in 2015, the Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed that included a detention basin along the Canadian National (CN) railroad on property owned by CN. Since that time, the City of Oshkosh (City) and CN have been negotiating to sell some CN property to the City for the construction of the detention basin. This detention __________________________________ Plan Commission Minutes 6 May 18, 2021 basin is necessary to reduce flooding in the area and to help drain Grand Street. Grand Street is scheduled for full reconstruction after the detention basin is constructed. Given the topography of the area, the most logical location for the storm sewer inlet into the detention basin and the emergency overflow out from the detention basin is at the property located at 616 Grand Street. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. Staff is of the opinion that the intended use of the property is not in conflict with the light density residential land use recommendation from the Comprehensive Plan. Storm water management facilities such as the one being proposed at this site is not unlike infrastructure needed for the development of new residential subdivisions. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed property acquisition of 616 Grand Street as requested. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. 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 Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. Ms. Davey asked if the intention was to take down the house or if they just need to acquire the rest of the property. __________________________________ Plan Commission Minutes 7 May 18, 2021 Mr. Gierach said they will need to take down the house because the large storm sewer from Grand Street will be where it enters the basin itself as well as the emergency overflow of the basin is out through this property though Grand Street. Motion carried 8-0. V. APPROVE LAND ACQUISITION OF A PORTION OF THE CANADIAN NATIONAL RAILROAD PROPERTY LOCATED BETWEEN E. PARKWAY AVENUE AND E. IRVING AVENUE Site Inspections Report: Ms. Propp and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The City of Oshkosh Department of Public Works is requesting approval to acquire a portion of the Canadian National (CN) property located between E. Parkway Avenue and E. Irving Avenue west of the north-south main line. The property will be utilized to improve storm water management within the Parkway Avenue Watershed. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. In preparation of the reconstruction of E. Parkway Avenue in 2015, the Engineering Division developed a Storm Water Management Plan for the Parkway Avenue Watershed that included a detention basin along the Canadian National (CN) railroad on property owned by CN. Since that time, the City of Oshkosh (City) and CN have been negotiating to sell some CN property to the City for the construction of the detention basin. This detention basin is necessary to reduce flooding in the area and to help drain Grand Street. Grand Street is scheduled for full reconstruction after the detention basin is constructed. Given the topography of the area, the most logical location for the storm sewer inlet into the detention basin and the emergency overflow out from the detention basin is at the property located at 616 Grand Street. The Engineering Division is in the early stages of updating the city-wide Storm Water Management Plan. Construction of this basin will aid in the development of the plan and help determine future storm water mitigation needs in the area. Staff is of the opinion that the intended use of the property is not in conflict with the light density residential land use recommendation from the Comprehensive Plan. Storm water management facilities such as the one being proposed at this site is not unlike infrastructure needed for the development of new residential subdivisions. This approval is the first step for the City to acquire this property. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed property acquisition of 616 Grand Street as requested. Ms. Propp opened up technical questions to staff. There were no technical questions on this item. __________________________________ Plan Commission Minutes 8 May 18, 2021 Ms. Propp asked for any public comments and asked if the applicant wanted to make any statements. There were no statements from the applicant. 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 Kiefer 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. Motion carried 8-0. VI. WILSON AVE STREET VACATION Site Inspections Report: Ms. Propp reported visiting the site. Staff report accepted as part of the record. The petitioner is requesting the vacation of a 50-foot wide by approximately 170-foot long segment of Wilson Avenue located east of Algoma Boulevard. 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 proposed vacation is a 50-foot wide by approximately 170-foot long segment of Wilson Avenue. As previously stated, a street was not constructed in the proposed vacated area. However, there is active city water main and storm sewer located within the right-of-way. Sanitary sewer terminates just to the east of the subject site. If the vacation is approved, the city will continue to have access rights to maintain, replace or relocate the city facilities, as well as any private service providers that may have structures present. Staff recommends approval of the partial right-of-way vacation of Wilson Avenue east Algoma Boulevard as requested. __________________________________ Plan Commission Minutes 9 May 18, 2021 Ms. Propp opened up technical questions to staff. There were no technical questions on this item. Ms. Propp asked if there were any public comments and asked if the applicant wanted to make any statements. Jarmen Walter, property owner of 2020 Wilson Ave, asked if sidewalk was going to be put in his yard. Mr. Lyons asked if there is sidewalk currently present in front of 2020 Wilson Avenue but not the vacant portion. Mr. Walter confirmed that is correct. Mr. Gierach said that as it develops that they would request it go through but it has to go through Council. Mr. Walter said that the sidewalk doesn’t connect from the neighbor to the east and doesn’t understand why they would extend it unless they are going to go all the way down Wilson Avenue. Mr. Rabe said that this falls into a similar situation with other parts of the community where there are gaps in the sidewalk and this would be an item that the Bike and Pedestrian Advisory Committee would take up and make a recommendation to Council on where they feel gaps need to be filled in. If that were the case, the entirety of the block from Hamilton to the west would get sidewalk on both sides to close that loop if that’s what the committee chooses to recommend to Council. Mr. Lyons said that it’s unlikely that only aportion of sidewalk would be requested and it would likely be the full stretch. Mr. Walter asked if he as the property owner would be responsible for the cost of this project. Mr. Gierach said that is correct. 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. __________________________________ Plan Commission Minutes 10 May 18, 2021 Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Marshall. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 8-0. There being no further business, the meeting adjourned at approximately 4:43 pm. (Hinz/Kiefer) Respectfully Submitted, Mark Lyons Planning Services Manager