HomeMy WebLinkAbout07. 21-587DECEMBER 14, 2021 21-587 RESOLUTION
CARRIED__7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT
FOR AN ACCESSORY BUILDING AND SMOKER ADDITION AT
30 WISCONSIN STREET
INITIATED BY: QUASIUS CONSTRUCTION, INC.
PLAN COMMISSION RECOMMENDATION: Approved w/ conditions
WHEREAS, the applicant would like to amend the previously approved Specific
Implementation Plan for a restaurant building at 30 Wisconsin Street; and
WHEREAS, the Plan Commission finds that the amendment to the Specific
Implementation Plan for an accessory building and smoker addition at 30 Wisconsin
Street is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the amendment to the Specific Implementation Plan for an accessory
building and smoker addition at 30 Wisconsin Street, is hereby approved, per the
attached, with the following conditions:
1. Base Standard Modification to allow an accessory structure with a 38’ ¾” front
setback (Marion Rd.), where code requires a 60’ setback and at least 5’ behind the
principal structure.
2. Except as specifically modified by this Specific Implementation Plan
Amendment, the terms and conditions of the original Specific Implementation
Plan dated September 23, 2003 (Resolution 03-393) remains in full force and
effect.
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: December 9, 2021
RE: Approve Specific Implementation Plan Amendment for an Accessory Building
and Smoker Addition at 30 Wisconsin Street
BACKGROUND
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for an
accessory building and smoker addition at 30 Wisconsin Street. The subject site is an
approximately 129,000 square foot commercial condo parcel including a strip mall and
restaurant with frontage on Wisconsin Street, Pearl Avenue, and Marion Road. The property is
zoned Urban Mixed Use with a Planned Development Overlay (UMU-PD) and the surrounding
area consists of commercial uses to the north, multi-family residential uses to the east, UW-
Oshkosh to the west, and an industrial use to the south. The 2040 Comprehensive Plan
recommends Center City land use for the subject property.
On October 8, 2002, Common Council approved a Planned Development for construction of a
separate restaurant building on the southern end of the site. The Planned Development was
amended on September 23, 2003 to allow for additional parking area for the restaurant.
ANALYSIS
The applicant is requesting an SIP amendment for construction of an accessory building on the
rear side of the restaurant building (Mahoney’s) as well as an enclosed smoker addition on the
rear of the building. The proposed accessory building is intended to accommodate catering
equipment and supply storage for a new tenant (Parker John’s) and the enclosed smoker will be
used for preparing various foods that require the smoking flavor process.
The applicant is requesting a Base Standard Modification (BSM) for the accessory building to be
placed closer to the street than the principal structure. To offset the BSM, the applicant is
proposing three new evergreen trees to be planted between the accessory building and right-of-
way to buffer the view of the building from the street. Staff is supportive of the BSM for the
accessory building placement as the property is double fronted, with the Marion Road side
functioning as the rear of the property. Also, the accessory structure will exceed principal
structure setbacks and will be further from the street than the existing dumpster enclosure. The
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
enhanced landscaping adequately compensates for the accessory structure placement and will
not have a detrimental effect to surrounding properties. The new accessory structure and
smoker addition will be placed on existing pavement and will not result in an increase in
impervious surface ratio for the site.
FISCAL IMPACT
Approval of this project may result in a minor increase in the assessed property value for the
site. The applicant is anticipating spending approximately $27,000 on these improvements.
RECOMMENDATION
The Plan Commission recommended approval of the Specific Implementation Plan amendment
with conditions on December 7, 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: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR AN ACCESSORY
BUILDING AND SMOKER ADDITION AT 30 WISCONSIN STREET
Plan Commission meeting of December 7, 2021.
GENERAL INFORMATION
Applicant: Quasius Construction Inc: Scott Thiess
Property Owner: Paja Properties LLC
Action(s) Requested:
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for an
accessory building and smoker addition at 30 Wisconsin Street.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance.
Background Information Property Location and Type:
The subject site is an approximately 129,000 square foot commercial condo parcel including a
strip mall and restaurant with frontage on Wisconsin St., Pearl Ave., and Marion Rd. The
property is zoned Urban Mixed Use with a Planned Development Overlay (UMU-PD) and the
surrounding area consists of commercial uses to the north, multi-family residential uses to the
east, UW-Oshkosh to the west, and an industrial use to the south. The 2040 Comprehensive
Plan recommends Center City land use for the subject property.
On October 8, 2002, Common Council approved a Planned Development for construction of a
separate restaurant building on the southern end of the site. The Planned Development was
amended on September 23, 2003 to allow for additional parking area for the restaurant.
Subject Site
Existing Land Use Zoning
Commercial UMU-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial UMU-PD-UTO
South Industrial UI-RFO
East Multi-family residential UMU-PD
West Institutional I-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Center City
ITEM I- SIP Amendment – 30 Wisconsin St. 2
ANALYSIS
Use
The applicant is requesting an SIP amendment for construction of an accessory building on the
rear side of the restaurant building (Mahoney’s) as well as an enclosed smoker addition on the
rear of the building. The proposed accessory building is intended to accommodate catering
equipment and supply storage for a new tenant (Parker John’s) and the enclosed smoker will be
used for preparing various foods that require the smoking flavor process.
Site Design
The proposed 10’ X 16’ accessory storage building will be located to the rear (south) of the
existing restaurant. The 9’ 3” X 19’ 2”smoker enclosure will be constructed on the southeast
corner of the existing building and attached to the existing structure.
The storage building will be placed on an existing paved area and will have a 38’ ¾” setback
from the Marion Road front property line and will be closer to the street than the principal
structure (restaurant). Code requires accessory structures to have a minimum 60’ setback and
be at least 5’ behind the principal structure for the UMU district.
The applicant is requesting a Base Standard Modification (BSM) for the accessory building to be
placed closer to the street than the principal structure. To offset the BSM, the applicant is
proposing three new evergreen trees to be planted between the accessory building and right-of-
way to buffer the view of the building from the street. Staff is supportive of the BSM for the
ITEM I- SIP Amendment – 30 Wisconsin St. 3
accessory building placement as the property is double fronted, with the Marion Rd. side
functioning as the rear of the property. Also, the accessory structure will exceed principal
structure setbacks and will be further from the street than the existing dumpster enclosure. The
enhanced landscaping adequately compensates for the accessory structure placement and will
not have a detrimental effect to surrounding properties. The new accessory structure and
smoker addition will be placed on existing pavement and will not result in an increase in
impervious surface ratio for the site.
Google streetview from Marion Rd.
Lighting
No changes are being proposed to the existing lighting for the site.
Signage
This request does not include changes to signage for the site.
Landscaping
The site plan includes three new evergreen trees to buffer the view of the proposed accessory
building. Staff is recommending a condition that a minimum of 90 tall/medium evergreen tree
landscaping points (example: 3 arborvitae trees) be provided along the Marion Rd. frontage to
provide a year round visual buffer of the accessory structure. As previously noted, this will
serve to offset the BSM for a front yard accessory structure.
Storm Water Management
The Department of Public Works will reviewed the plans and noted that the final submitted
plan shall comply with all requirements of the Oshkosh Municipal Code Chapter 14 Storm
Water Management.
Building Facades
The City’s Commercial Design Standards do not apply to accessory structures. The exterior of
the accessory building will be wood paneled siding with color matching the existing building
and a brown painted metal panel roof. Staff does not have concerns with the proposed
ITEM I- SIP Amendment – 30 Wisconsin St. 4
accessory building exterior as it should provide a consistent appearance with the existing
building.
Accessory building rendering
The commercial design standards require alterations of existing buildings to match or be
substantially similar to the existing building design and materials. The proposed smoker
enclosure exterior will match the materials and colors of the existing building. Staff does not
have concerns with the proposed smoker addition.
Smoker addition rendering.
ITEM I- SIP Amendment – 30 Wisconsin St. 5
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
(a) The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
(c) The proposed architecture and character of the proposed Planned Development
project is compatible with adjacent/nearby development.
(d) The proposed Planned Development project will positively contribute to and not
detract from the physical appearance and functional arrangement of development in the
area.
Staff recommends approval of the Specific Implementation Plan amendment as proposed with
the findings listed above and the following conditions:
1. Base Standard Modification to allow an accessory structure with a 38’ ¾” front setback
(Marion Rd.), where code requires a 60’ setback and at least 5’ behind the principal
structure.
2. Except as specifically modified by this Specific Implementation Plan Amendment, the
terms and conditions of the original Specific Implementation Plan dated September 23,
2003 (Resolution 03-393) remains in full force and effect.
The Plan Commission recommended approval of the Specific Implementation Plan with
conditions on December 7, 2021. The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Hinz, Council Member Ford, and Ms. Davey reported visiting the
site.
Staff report accepted as part of the record.
The petitioner requests approval of a Specific Implementation Plan (SIP) amendment for an
accessory building and smoker addition at 30 Wisconsin Street.
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 an SIP amendment for
construction of an accessory building on the rear side of the restaurant building (Mahoney’s) as
well as an enclosed smoker addition on the rear of the building. The proposed accessory
building is intended to accommodate catering equipment and supply storage for a new tenant
(Parker John’s) and the enclosed smoker will be used for preparing various foods that require
the smoking flavor process.
The proposed 10’ X 16’ accessory storage building will be located to the rear (south) of the
existing restaurant. The 9’ 3” X 19’ 2”smoker enclosure will be constructed on the southeast
corner of the existing building and attached to the existing structure.
ITEM I- SIP Amendment – 30 Wisconsin St. 6
The storage building will be placed on an existing paved area and will have a 38’ ¾” setback
from the Marion Road front property line and will be closer to the street than the principal
structure (restaurant). Code requires accessory structures to have a minimum 60’ setback and
be at least 5’ behind the principal structure for the UMU district.
The applicant is requesting a Base Standard Modification (BSM) for the accessory building to be
placed closer to the street than the principal structure. To offset the BSM, the applicant is
proposing three new evergreen trees to be planted between the accessory building and right-of-
way to buffer the view of the building from the street. Staff is supportive of the BSM for the
accessory building placement as the property is double fronted, with the Marion Rd. side
functioning as the rear of the property. Also, the accessory structure will exceed principal
structure setbacks and will be further from the street than the existing dumpster enclosure. The
enhanced landscaping adequately compensates for the accessory structure placement and will
not have a detrimental effect to surrounding properties. The new accessory structure and
smoker addition will be placed on existing pavement and will not result in an increase in
impervious surface ratio for the site. Staff recommends approval with the findings and
conditions as listed in the staff report.
Mr. Hinz opened up technical questions to staff.
Mr. Hinz asked for any public comments and asked if the applicant wanted to make any
statements.
Scott Thiess, Quasius Construction, stated they are doing a 10’x16’ lap siding to match the color
of the roof. The smoker is a smaller L shape than what actually shows, it is roughly about 8’x15’
siding to match lap siding of the building also.
There were no other public comments on this item.
There were no public comments on this item.
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 Ford.
Mr. Hinz asked if there was any discussion on the motion.
Mr. Mitchell asked if the materials used would have to get final approval from staff. In the past
visuals have been presented that may not actually match the material and a shed could look
ITEM I- SIP Amendment – 30 Wisconsin St. 7
questionable at some point. Just want to make sure the applicant is ware to get final approval
from staff before starting anything.
Mr. Lyons said that during plan review they can have them provide samples to make sure it
does match.
Motion carried 7-0.
City of Oshkosh
City of Oshkosh Parcel MapCity of Oshkosh Parcel Map
The City of Oshkosh creates an d m ain tain s GIS m aps and d ata for its own u se. They m ay show the approxim ate relative location of property,bou n d aries an d other featu re from a variety of sou rces . These m ap(s)/d atasets are provid ed for in form ation pu rposes on ly an d m ay n ot besu fficien t or appropriate for legal, en gin eerin g, or su rveyin g pu rpos es . They are provid ed “AS-IS” w ithou t w arranties of an y kin d an d the City ofOshkosh assu m es no liability for u se or m isu se. An y flood in form ation shown on this m ap DOES NOT represen t the official ad opted FEMA
1 in = 94 ft
1 in = 0.02 m i¯
Prepared by: City of Oshkosh, WI
Printing Date: 11/2/2021
SIP AMENDMENT
30 WISCONSIN ST
PC: 12/07/2021
MERCURY MARINE
PO BOX 1939
FOND DU LAC, WI 54936
MARC J/JENNIFER T PENNAU
60 WISCONSIN ST
OSHKOSH, WI 54901
UW OSHKOSH CREDIT UNION
90 WISCONSIN ST
OSHKOSH, WI 54901
D & F INVESTMENTS OF OSHKOSH LLP
601 OREGON ST
OSHKOSH, WI 54902
SCOTT THIESS
1202A NORTH 8TH ST
SHEBOYGAN, WI 53082
631 MADISON AVE
HOWARDS GROVE, WI 53083
PAJA PROPERTIES LLC
Carl E. Steiger ParkWISCONSIN STWISCONSIN STMMAARRIIOONNRRDDPEARL AV
PEARL AV
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/12/2021
1 in = 120 ft1 in = 0.02 mi¯30 WISCONSIN ST30 WISCONSIN 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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Prepared by: City of Oshkosh, WI
Printing Date: 11/12/2021
1 in = 500 ft1 in = 0.09 mi¯30 WISCONSIN ST30 WISCONSIN 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: 11/12/2021
1 in = 100 ft1 in = 0.02 mi¯30 WISCONSIN ST30 WISCONSIN 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