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HomeMy WebLinkAbout13. 22-287JULY 12, 2022 22-287 RESOLUTION (APPROVED___6-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH A RESTAURANT LAND USE AT 1675 OREGON STREET INITIATED BY: NILLA (DEE) OEHLKE PLAN COMMISSION RECOMMENDATION: Approved w/ findings WHEREAS, the Plan Commission finds that a Conditional Use Permit to establish a restaurant land use at 1675 Oregon Street, 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 establish a restaurant land use at 1675 Oregon Street, is hereby approved, per the attached, with the following findings: 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. 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: July 7, 2022 RE: Approve Conditional Use Permit to Establish a Restaurant Land Use at 1675 Oregon Street BACKGROUND The applicant is requesting a Conditional Use Permit (CUP) approval for a restaurant land use at 1675 Oregon Street. 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. The subject site is located at the northwest corner of West 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. Conditional approval for the current art studio was granted in 2019. ANALYSIS The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a coffee shop within the remaining lower level unit, which was previously occupied by a barber shop. According to the applicant, the current art studio and gallery business will continue to offer art classes in the morning and afternoon, but the coffee shop will only be open from 7:00 am to 11:00 am. Initially the coffee shop will be solely operated by the 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 ten stalls for customer parking. There is also street parking available on Oregon Street and West 17th Avenue. Staff is supportive of the 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. 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 $16,500 on the proposed project. RECOMMENDATION The Plan Commission recommended approval of the Conditional Use Permit with findings on July 5, 2022. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons, Planning Services Manager Mark A. Rohloff, City Manager ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A RESTAURANT LAND USE AT 1675 OREGON STREET Plan Commission meeting of July 5, 2022. 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. The Plan Commission recommended approval of the Conditional Use Permit on July 5, 2022. The following is their discussion on the item. 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 approval for a restaurant land use at 1675 Oregon Street. Mr. Nielsen presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. 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 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. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Nilla (Dee) Oehlke, 500 S. Madison, Waupun said she is taking over the art studio portion of the building for a recently passed friend. The coffee shop is a way to service the area and incoming visitors to the neighborhood. She stated she has a background in consumer science and food, so a Item II – CUP Coffee Shop – 1675 Oregon St 4 coffee shop was the most logical direction. She is looking forward to being in the Oshkosh area and contributing to the community. Tom Brown, 111 E Ripple Ave, says he is the fiancé of the recently passed Barb Schneider. Her dream was have the building as an art studio and gallery. The area of the coffee shop was a classroom for the students. He knows Dee well and knows she will do a great job. He hopes that the commission will approve this. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Ms. Oehlke said she agrees with Mr. Brown that it would’ve been Barb’s wishes to bring the neighborhood together with the art studio and coffee shop. She would appreciate the support on this project. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 6-0. CUP 1675 OREGON ST PC: 07-05-2022 CHAD A CANSLER 1511 OREGON ST OSHKOSH, WI 54902 DANIEL J/STEPHANIE J MATAIC 629 MADISON AVE OMRO, WI 54963 SAMUEL L/ABIGAIL L SANDERLIN 1658 OREGON ST OSHKOSH, WI 54902 VICTOR A SERWE JR 3025 N 45TH ST LOWER MILWAUKEE, WI 53210 ROBERT J/R E WIRKUS 1665 OREGON ST OSHKOSH, WI 54902 DAVID K RYNO 1671 OREGON ST OSHKOSH, WI 54902 BARBARA J SCHNEIDER 111 E RIPPLE AVE OSHKOSH, WI 54902 AMY S NITZ 214 W 17TH AVE OSHKOSH, WI 54902 JOHN E SCHROEDER 1656 ARIZONA ST OSHKOSH, WI 54902 PEACE OF MIND RENTAL PROPERTIES LLC 4112 N HAYMEADOW AVE APPLETON, WI 54913 TODD J/MARGARET A RADDATZ 218 W 17TH AVE OSHKOSH, WI 54902 WITZKES TAVERN LLC 1700 OREGON ST OSHKOSH, WI 54902 DB NATIONAL AVE PROPERTIES LLC 1101 SPRUCE ST WEST BEND, WI 53090 MICHAEL K/CONNIE K DAY 1014 EVANS ST OSHKOSH, WI 54901 ALEXIS L SCORGIE 221 W 17TH AVE OSHKOSH, WI 54902 DEE OEHLKE 500 S MADISON ST WAUPUN, WI 54963 DEE OEHLKE 1675 OREGON ST OSHKOSH, WI 54902 OREGON ST OREGON ST ARIZONA ST ARIZONA ST W 17TH AVW 17TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/1/2022 1 in = 120 ft1 in = 0.02 mi¯1675 OREGON ST1675 OREGON 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 SR-9 TR-10 UMU I UMU I HI I HI I HI I HI CMU-PDI NMU I-PD UMU UI UMU CMU HI MULTIPLE RMU-PD SR-9-PD Oshkosh City Limit Oshkosh City Limit SS MM AA II NN SS TT OREGON ST OREGON ST W 20TH AVW 20TH AV W SOUTH PARK AVW SOUTH PARK AV IOWA ST IOWA ST DD OO TT YY SS TT MICHIGAN ST MICHIGAN ST W 18TH AVW 18TH AV W 17TH AVW 17TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AV W 15TH AVW 15TH AV W 16TH AVW 16TH AV MINNESOTA ST MINNESOTA ST ARIZONA ST ARIZONA ST NEBRASKA ST NEBRASKA ST ALASKA ST ALASKA ST W 19TH AVW 19TH AV MONTANA ST MONTANA ST E 14TH AVE 14TH AV BROCKWAY AVBROCKWAY AV E SOUTH PARK AVE SOUTH PARK AV NEBRASKA ST NEBRASKA ST RMU-PD-RFO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/1/2022 1 in = 500 ft1 in = 0.09 mi¯1675 OREGON ST1675 OREGON 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: 6/1/2022 1 in = 100 ft1 in = 0.02 mi¯1675 OREGON ST1675 OREGON 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