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HomeMy WebLinkAboutItem IIPLAN COMMISSION STAFF REPORT JULY 5, 2022 ITEM II: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A RESTAURANT LAND USE AT 1675 OREGON STREET GENERAL INFORMATION Owner/Applicant: Nilla (Dee) Oehlke Action(s) Requested: The applicant is requesting a Conditional Use Permit approval for a restaurant land use at 1675 Oregon Street. Applicable Ordinance Provisions: Restaurant land uses 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 at the northwest corner of W. 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit upstairs and an art studio in one of the lower level units. The site is surrounded by a mix of single-family and commercial uses. The site went through Conditional approval for the current art studio in 2019. Subject Site: Existing Land Use Zoning Mixed Commercial/Residential NMU Adjacent Land Use and Zoning: Existing Uses Zoning North Residential NMU South Mixed Commercial/Residential NMU West Residential TR-10 East Mixed Commercial/Residential NMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS Use The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a coffee shop within remaining lower level unit. The unit was previously occupied by a barber shop. According to the applicant, the current art studio and gallery business will continue to hold art classes in the mornings and afternoons, while the coffee shop will only be open from 7:00 am to Item II – CUP Coffee Shop – 1675 Oregon St 2 11:00 am. Initially the coffee shop will be solely operated by the owner/applicant. The existing land use and proposed use are compatible with each other and the surrounding land uses. The parking area on the lot has 10 stalls that can be used for customer parking. There is also street parking available on Oregon St. and W 17th Ave. Aerial view of subject property (highlighted in black) Signage Currently the building has a blade sign that overhangs the sidewalk on Oregon St. Any structural modifications to this sign will require an encroachment agreement with the City of Oshkosh. A sign face replacement would not require an encroachment agreement. Staff is supportive of the Conditional Use Permit (CUP) for the proposed coffee shop use as it is an appropriate use for this site and should have a relatively low impact on the surrounding area. 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. Item II – CUP Coffee Shop – 1675 Oregon St 3 (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 a coffee shop as proposed with the findings listed above.