HomeMy WebLinkAbout14. 21-418AUGUST 24, 2021 21-418 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER_______WITHDRAWN_______)
PURPOSE: GRANT ACCESSS EASEMENT AT 855 AND 905 WEST 17TH
AVENUE
INITIATED BY: CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the City
hereby grants an access easement at 855 and 905 West 17th Avenue, and the proper City
officials are authorized and directed to execute any and all documents necessary for
purposes of same.
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: August 19, 2021
RE: Grant Access Easement at 855 and 905 West 17th Avenue
BACKGROUND
The City of Oshkosh is requesting the granting of an access easement to allow the applicant
vehicular access through city-owned property on West 17th Avenue to a residential accessory
structure located on the applicant’s property at 1732 Knapp Street.
The proposed easement will be located on land recently acquired by the city to mitigate methane
gas emanating from the former Kienast Landfill on the south side of West 17th Avenue east of
Knapp Street. The subject sites are vacant with the exception of few structures and piping
required for methane remediation purposes.
The applicants own an unusually deep lot fronting on Knapp Street which is immediately to the
south of the City’s property. The applicants have a detached garage/accessory structure just
south of the City’s property. Due to the layout of the applicants’ house and attached garage
along Knapp Street and presence of neighboring structures, vehicular access to the detached
garage in the rear yard is not possible. The applicants approached the City to request an
easement to allow vehicular access through the City’s property which will connect to their rear
yard.
ANALYSIS
The proposed 12-foot by 306-foot, 3,679 square foot easement is located south of an existing
apron off West 17th Avenue that once served a residential property. The easement runs through
two city-owned lots, abutting the applicants’ property to the south in close proximity to their
detached garage. The easement will allow the applicants access over the City’s vacant property
to allow limited and occasional access by automobiles and light duty trucks. The City has
installed grass pavers/geogrids as a driving surface within the easement. No other driving
surfaces can be installed. The applicants will be responsible for any damage caused to the grass
pavers/geogrids due to their vehicle movements.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended granting the easement on August 17, 2021. Please see the
attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager / Director of
Administrative Services
Item I.G – Grant Access Easement – 885/905 W. 17th Avenue
ITEM: GRANT ACCESS EASEMENT AT 885 & 905 W. 17TH AVENUE
Plan Commission meeting of August 17, 2021.
GENERAL INFORMATION
Applicant: Mark & Debra Baier
Owner: City of Oshkosh
Actions Requested:
The City of Oshkosh is requesting the granting of an access easement to allow the applicant
vehicular access through city-owned property on W 17th Avenue to a residential accessory
structure located on the applicant’s property at 1732 Knapp Street.
Applicable Ordinance Provisions:
N/A
Property Location and Background Information:
The proposed easement will be located on land recently acquired by the city to mitigate
methane gas emanating from the former Kienast landfill on the south side of W. 17th Avenue
east of Knapp Street. The subject sites (parcels 1410020000 and 1410020800) are vacant besides
for a few structures and piping required for methane remediation purposes.
The applicants own an unusually deep lot fronting on Knapp Street which is immediately to the
south of the city’s property. The applicants have a detached garage/accessory structure just
south of the city’s property. Due to the
layout of the applicants’ house and
attached garage along Knapp Street and
presence of neighboring structures,
vehicular access to the applicants’
detached garage in the rear yard is not
possible. The applicants approached
the city to request an easement to allow
vehicular access through the city’s
property which will connect to their
rear yard.
ANALYSIS
The proposed 12-foot by 306-foot, 3,679
square foot easement is located south of an existing apron off W. 17th Avenue that once served a
Item I.G – Grant Access Easement – 885/905 W. 17th Avenue 2
residential property. The easement runs through two city-owned lots, abutting the applicants’
property to the south in close proximity to their detached garage.
The easement will allow the applicants access over the city’s vacant property to allow limited
and occasional access by automobiles and light duty trucks. The city has installed grass
pavers/geogrids as a driving surface within the easement. No other driving surfaces can be
installed. The applicants will be responsible for any damage caused to the grass
pavers/geogrids due to their vehicle movements.
The City Attorney’s office has drafted the necessary easement documents. The Department of
Public Works does not have concerns with the proposed easement and is coordinating with the
grantees to have the appropriate easement documents signed and recorded at the Winnebago
County Register of Deeds upon Common Council approval.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the acceptance of the proposed access easement at 855 and 905
West 17th Avenue as proposed.
The Plan Commission recommended granting the easement on August 17, 2021. The following
is Plan Commission’s discussion on the item.
Site Inspections Report: No commissioners reported visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting approval of two street right-of-way dedications, acceptance
of three storm sewer easements, two sidewalk easements and one grant access easement.
Mr. Nau presented the items and reviewed the site and surrounding areas as well as the land
use and zoning classifications in the areas. Staff recommends approval of the requests with the
findings and conditions listed in the staff reports.
Mr. Hinz opened up technical questions to staff.
There were no technical questions on this item.
Mr. Hinz 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.
Item I.G – Grant Access Easement – 885/905 W. 17th Avenue 3
Mr. Hinz closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Mr. Hinz asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 7-0.
Quarry Park
KNAPP STKNAPP STW 18TH AVW 18TH AV
W 17TH AVW 17TH AV
FABRY STFABRY STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/26/2021
1 in = 120 ft1 in = 0.02 mi¯1732 KNAPP ST1732 KNAPP ST
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
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/26/2021
1 in = 500 ft1 in = 0.09 mi¯1732 KNAPP ST1732 KNAPP ST
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
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 7/26/2021
1 in = 100 ft1 in = 0.02 mi¯1732 KNAPP ST1732 KNAPP ST
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