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HomeMy WebLinkAbout13. 22-393SEPTEMBER 27, 2022 22-393 RESOLUTION (APPROVED___6-0___LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 322 COURT STREET INITIATED BY: FREY RENTAL PROPERTIES, LLC PLAN COMMISSION RECOMMENDATION: Approved w/ findings WHEREAS, the Plan Commission finds that a Conditional Use Permit for an adaptive reuse at 322 Court 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 for an adaptive reuse at 322 Court 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: September 22, 2022 RE: Approve Conditional Use Permit for Adaptive Reuse 322 Court Street BACKGROUND The applicant is requesting a Conditional Use Permit (CUP) approval for an adaptive reuse at 322 Court Street. 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. 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. 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. Staff is supportive 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. FISCAL IMPACT The conversion of the existing office use to residential should have a minimal impact on overall assessed value. 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 approval of the Conditional Use Permit with findings on September 20, 2022. 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 Roe Park WASHINGTON AVWASHINGTON AV WAUGOO AVWAUGOO AV COURT STCOURT STBROAD STBROAD STBROAD STBROAD STC:\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 ITEM: CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE AT 322 COURT STREET Plan Commission meeting of September 20, 2022. 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. 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. 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. Item II– CUP Adaptive Reuse – 322 Court St. The Plan Commission recommended approval of the Conditional Use Permit with findings on September 20, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Mitchell and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit approval for an adaptive reuse at 322 Court 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 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. 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. Staff recommends approval with the findings and conditions as stated in the staff report. Mr. Perry opened up technical questions to staff. Mr. Mitchell asked if the city has any programs to help return the concrete terrace into grass. Mr. Nielsen said the image shown is from 2013 and within the last few years it has been returned to a grass terrace. Mr. Kiefer asked if there is driveway access to the carriage house. Mr. Lyons said it’s presently a shared driveway with the property to the north and it’s the same owner for both properties. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Tim Neubauer, 322 Court St, said they brought this property and the property to the north, also known as the Corbett House. They are occupying this property while they are renovating the Corbett House. The long-term plan is to have his family move into the Corbett House and have his mom move into the Court St house. There were no public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. Item II– CUP Adaptive Reuse – 322 Court St. There were no closing statements from the applicant. Motion by Coulibaly to adopt the findings and recommendation as stated in the staff report. Seconded by Kiefer. Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell said he would like to commend Mr. Neubauer for putting the time and effort into restoring the Corbett House and he has enjoyed watching the progress. Ms. Davey said she was thrilled to see the updates happening to the Corbett House. Motion carried 7-0. 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 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 Roe Park WASHINGTON AVWASHINGTON AV WAUGOO AVWAUGOO AV COURT STCOURT STBROAD STBROAD STBROAD STBROAD STC:\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 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 ParkBOWEN STBOWEN STN MAIN STN MAIN STCEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AVHIGH AV HIGH AV ALGOMA BLVD ALGOMA BLVD BOWEN STBOWEN STN MAIN STN MAIN STCEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AVBBRROOAADDSSTT OTTER AVOTTER AV BAY STBAY STMERRITT AVMERRITT AV WAUGOO AVWAUGOO AV MILL STMILL STBOYD STBOYD STE PARKWAY AVE PARKWAY AV DDIIVVIISSIIOONNSSTTMONROE STMONROE STMT VERNON STMT VERNON STJEFFERSON STJEFFERSON STEVANS STEVANS STGRAND STGRAND STSCHOOL AVSCHOOL AV BAY SHORE DR BAY SHORE DRCOURT STCOURT STSTATE STSTATE STPOPLAR AVPOPLAR AV IDA AVIDA AV CHURCH AV CHURCH AV OXFORD AVOXFORD AV HUDSON AVHUDSON AV W PARKWAY AVW PARKWAY AV COMMERCE STCOMMERCE STMADISON STMADISON STPLEASANT STPLEASANT STBBRROOAADDSSTTBBRROOAADDSSTTOTTER AVOTTER AV BAY STBAY STMERRITT AVMERRITT AV WWAAUUGGOOOOAAVV MILL STMILL STBOYD STBOYD STMONROE STMONROE STMT VERNON STMT VERNON STEVANS STEVANS STGRAND STGRAND STBBRROOAADDSSTTMULTIPLE 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 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