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HomeMy WebLinkAbout02-363.docOCTOBER 8, 2002 02-363 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN .) PURPOSE: AMEND CONDITIONAL USE PERMIT; APPROVE REVISED PLANNED DEVELOPMENT; GRANT PRIVILEGE IN STREET- WISCONSIN STREET INITIATED BY: D&F INVESTMENT, OWNER/PETITIONER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Common Council previously granted a conditional use permit for a planned commercial development on Wisconsin Street within the Marion Road/Pearl Avenue Redevelopment Project Area for construction of a multi-tenant commercial building; and WHEREAS, the petitioner desires to amend the development plan by constructing a separate 5,816 sq. ft. restaurant building on the southern end of the site, and relocating a driveway and walkway between the proposed restaurant building and the main commercial building. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the planned commercial development on Wisconsin St. is hereby amended to permit construction of a separate 5,816 sq. ft. restaurant building on the southern end of the site, and relocating a driveway and walkway between the proposed restaurant building and the main commercial building, per the attached plan, with the following conditions: 1) 2) Speed bumps be installed within the driveway area between the main commercial building and proposed restaurant structure, with final design of the driveway and pedestrian area subject to review and approval by the Department of Community Development. The existing curb cut that had been made for the most southerly driveway on Marion Road be closed and the curb reconstructed in this area. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves of the Planned District Overlay and final development plan per the attached plan. OCTOBER 8, 2002 02-363 RESOLUTION CONTD BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant D&F Investments a privilege in street for the encroachment of an outdoor seating area and landscaping area within the Marion Road right-of-way, per the attached, contingent upon the following: 2) 3) 4) The petitioner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The City and any affected utility maintain its right of access to any utilities within the right-of-way in the affected area. The petitioner execute a hold harmless agreement with the City