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Home My WebLink AboutItem IIPLAN COMMISSION STAFF REPORT SEPTEMBER 20, 2022 ITEM II: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 322 COURT STREET GENERAL INFORMATION Applicant/Property Owner: Frey Rental Properties, LLC Action(s) Requested: The applicant is requesting a Conditional Use Permit approval for an adaptive reuse at 322 Court Street. Applicable Ordinance Provisions: Adaptive Reuses are permitted only through a conditional use permit in the Urban Mixed Use District (UMU) as regulated in Section 30-53(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 on Court Street, just south of Washington Avenue. The subject parcel is about 8,000 sq. ft. in size and is developed with an existing building and garage. According to the Assessor’s website this property was most recently used as an office building. The site is surrounded predominantly by commercial uses. Subject Site: Existing Land Use Zoning Commercial UMU Adjacent Land Use and Zoning: Existing Uses Zoning North Residential UMU South Commercial UMU West Commercial CMU East Commercial UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Center City ANALYSIS The applicant is requesting approval for an adaptive reuse of the site to convert the existing office space to a 2-bedroom, 2-bath single family home. According to the applicant, the existing footprint of the building will not be changed and the existing carriage house will be used as a garage. Page 1 Item II– CUP Adaptive Reuse – 322 Court St. It should be noted that the current rear lot line will slightly change in the near future due to a CSM that is being reviewed for a neighboring site (The Howard). The new rear lot line will make the current carriage house/garage have a code compliant rear setback for accessory structures and will slightly increase the overall square footage of the property. Aerial view of subject property (highlighted in blue) Staff is in support of the Conditional Use Permit (CUP) for the adaptive reuse as the conversion of an office land use to a single family land use will not have a detrimental impact on the surrounding area and will not result in increased traffic to the site. The building also fits the character of the surrounding area. Staff also feel the proposed use of the site will align with the design of the building itself, as the exterior appearance is consistent with that of a single family home. Page 2 Item II– CUP Adaptive Reuse – 322 Court St. Street view of subject property from 2013 google earth imagery 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. (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 an adaptive reuse at 322 Court Street as proposed with the findings listed above. Page 3 Page 4 Page 5 Page 6 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 9/1/2022 1 in = 20 ft1 in = 0 mi¯322 COURT ST322 COURT 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 Page 7 CUP 322 COURT ST PC: 9/20/2022 JOSE DEANDA/LORRAINE M GAITAN MARTINEZ 300 WAUGOO AVE OSHKOSH, OSHKOSH 54901 ROBROS LLC W4020 US HIGHWAY 10 MENASHA, MENASHA 54952 JEREMY P/LORI A HERZOG 310 WAUGOO AVE OSHKOSH, OSHKOSH 54901 KONRAD BEHLMAN FUNERAL HOME LTD PO BOX 78 OSHKOSH, OSHKOSH 54903 DALE SCHOOL APARTMENTS INC PO BOX 143 OSHKOSH, OSHKOSH 54903 ATLAS CAPITAL RE LLC 115 WASHINGTON AVE OSHKOSH, OSHKOSH 54901 CRESCENT MOON PROPERTIES 316 COURT ST UNIT 8 OSHKOSH, OSHKOSH 54901 CARMEN SCOTT 521 OTTER AVE OSHKOSH, OSHKOSH 54901 TAMMY HACKETT 349 BOWEN ST OSHKOSH, OSHKOSH 54901 FREY RENTAL PROPERTIES LLC 322 COURT ST OSHKOSH, OSHKOSH 54901 Page 8 Roe Park WASHINGTON AVWASHINGTON AV WAUGOO AVWAUGOO AV COURT ST COURT ST BROAD ST BROAD ST BROAD ST BROAD ST C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 120 ft1 in = 0.02 mi¯322 COURT ST322 COURT 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 Page 9 I SR-9 I TR-10 CMU TR-10-PD I I-PD-RFO IUMU I I UMU I CMU-RFO I-PD UMU I-PD RMU-PD UMU UMU-RFO TR-10-PD I-PD UMU UMU UMU CMU I UMU I-PD I CMU RMU-PD-RFO UMU-PD MR-36 I-PD I-PD CMU UMU-PD MR-20 CMU-PD MR-20 UMU-PD CMU UMU UMU CMU-PD CMU-PD-RFOI-RFO RMU-PD I-PD CMU-RFO RMU-RFO UMU-PD SR-5-LRO MULTIPLE TR-10 I-PD CMU TR-10 SR-5PD-LROTR-10 Roe Park BOWEN ST BOWEN STN MAIN ST N MAIN ST CEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AVHIGH AV HIGH AV ALGOMA BLVD ALGOMA BLVD BOWEN ST BOWEN ST N MAIN ST N MAIN ST CEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AV BB RR OO AA DD SSTT OTTER AVOTTER AV BAY ST BAY ST MERRITT AVMERRITT AV WAUGOO AVWAUGOO AV MILL ST MILL ST BOYD ST BOYD ST E PARKWAY AVE PARKWAY AV DDIIVVIISSIIOONNSSTT MONROE ST MONROE ST MT VERNON ST MT VERNON ST JEFFERSON ST JEFFERSON ST EVANS ST EVANS ST GRAND ST GRAND ST SCHOOL AVSCHOOL AV BAY SHORE DR BAY SHORE DR COURT ST COURT ST STATE ST STATE ST POPLAR AVPOPLAR AV IDA AVIDA AV CHURCH AV CHURCH AV OXFORD AVOXFORD AV HUDSON AVHUDSON AV W PARKWAY AVW PARKWAY AV COMMERCE ST COMMERCE ST MADISON ST MADISON ST PLEASANT ST PLEASANT ST BBRROOAADDSSTT BB RR OO AA DD SS TT OTTER AVOTTER AV BAY ST BAY ST MERRITT AVMERRITT AV WWAAUUGGOOOOAAVV MILL ST MILL ST BOYD ST BOYD ST MONROE ST MONROE ST MT VERNON ST MT VERNON ST EVANS ST EVANS ST GRAND ST GRAND ST BBRROOAADDSSTT MULTIPLE MR-12PDLRO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 500 ft1 in = 0.09 mi¯322 COURT ST322 COURT 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 Page 10 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 8/30/2022 1 in = 100 ft1 in = 0.02 mi¯322 COURT ST322 COURT 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 Page 11