The URL can be used to link to this page

Home My WebLink AboutItem VI PLAN COMMISSION STAFF REPORT DECEMBER 3, 2024 ITEM VI: APPROVE LAND ACQUISITIONS FROM PART OF 110 ALGOMA BOULEVARD AND 138 ALGOMA BOULEVARD GENERAL INFORMATION Applicant: City of Oshkosh Owners: Hoopman & Co. Downtown LLC and Stapel Properties LLC Actions Requested: The City of Oshkosh is requesting approval of two land acquisitions from parts of 110 Algoma Boulevard and 138 Algoma Boulevard. Applicable Ordinance Provisions: N/A Property Location and Background Information: This request involves part of two properties: Acquisition of a triangular piece of property at the northwest corner of 110 Algoma Boulevard and acquisition of a strip of land along the easterly portion of 138 Algoma Boulevard. Both of these properties are adjacent to the City-owned 400 Block West Parking Lot. In late 2023, the parking lot was resurfaced and the City deemed necessary to rectify a number of outstanding property- related issues. This includes: 1. The vacations of Ivy Place and an alley which were no longer needed and to eliminate a number of nonconforming situations. The vacations were approved by Council on March 12, 2024 (Res 24-103). 2. Access easements between the City and Stapel Properties LLC located at 420 Division Street. This involves a portion of the recently vacated Ivy Place. 3. The acquisition of part of 138 Algoma Boulevard: Part of the City’s parking lot encroaches onto the property which is owned by Stapel Properties, LLC. This was formerly handled by a renewing lease agreement drafted in the 1990’s. Page 1 Item VI – Land Acquisitions – 110 & 138 Algoma Boulevard 4. The acquisition of part of 110 Algoma Boulevard: Conflicting legal descriptions dating back to the late 1800s has put the location of a common lot line into question. 5. A land disposition from the parking lot property to 110 Algoma Boulevard. This is related to item number 4 above. 6. A number of access easements are proposed to be granted to the City for the rear accesses to buildings along the 400 Block of North Main Street. The 400 Block West Parking Lot was constructed to its current configuration in 1996 after vacation of a railroad corridor that ran north-south through the property. The parking lot provides public parking for businesses and visitors to the downtown. The surrounding area is part of Oshkosh’s Central City containing numerous service, retail, food, institutional and residential establishments. ANALYSIS 110 Algoma Boulevard In 1865, Cotrill’s Subdivision of Lot 1, Block 44 was recorded which created the original lot for what would be 110 Algoma Boulevard (Lot 9). The northeasterly line coming off Algoma Boulevard was not perpendicular, but angled approximately 78° from Algoma Boulevard. The Algoma Building, constructed in 1889, was built with its northwesterly wall perpendicular to Algoma Boulevard and crossed over the original lot line. In 1894, Leach’s Atlas of Oshkosh was recorded and corrected Cotrill’s original lot line by matching the Algoma Building’s wall. However, real estate deeds were not corrected to reference Leach’s Map. This affects Lot 9 (Algoma Building) and Lot 10 (400 Block West Parking Lot) as the lots, as recorded, use Cotrill’s map. A portion of the Algoma Building is located on City property while a portion of City sidewalk is located on the Algoma Building’s property. To rectify this, the City is proposing a land swap between 110 Algoma Boulevard and the City parking lot property. The swap includes City acquisition of a 120 square foot triangular piece of 110 Algoma Boulevard and disposition of a triangular piece of the City-owned parking lot property to 110 Algoma Boulevard (Item VI). This will “straighten” the common lot line as depicted on Leach’s Map. The owner of 110 Algoma Boulevard has been made aware of the situation and is agreeable to the land swap. The Attorney’s Office has prepared necessary documents for the land transfers. Page 2 Item VI – Land Acquisitions – 110 & 138 Algoma Boulevard 138 Algoma Boulevard When the 400 Block West Parking Lot was constructed in 1996, the City wanted to maximize the amount of parking. To gain an additional 18 stalls along the southwest perimeter the City approached James Stapel, owner of 138 Algoma Boulevard, to utilize land from his property. The City needed an additional ten feet of land to accommodate code-compliant stalls and drive aisles. Instead of acquiring the property, the City leases the property which automatically renews yearly. Obviously, this created several nonconforming issues including zero-foot setbacks and a having a public parking lot partially located on a private commercial property. To rectify this the City approached Mr. Stapel about acquiring this portion of the property upon which he agreed. The location of the proposed acquisition located along the southeasterly portion of the 138 Algoma Boulevard property. The size will be 1,802 square feet, measuring approximately ten feet wide by 180 feet deep. If at any time the City sells the parking lot property or if the property is no longer used as a public parking lot within 20 years, the land will revert back to its original owner. This reverter clause only applies to the 138 Algoma Boulevard land acquisition. RECOMMENDATION/CONDITIONS Staff recommends approval of the two land acquisitions of part of 110 and 138 Algoma Boulevard as proposed. Page 3 MARKET ST BROWN ST ALGOMA BLVD N MAIN ST J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 11/27/2024 1 in = 60 ft1 in = 0.01 mi¯SITE PLAN City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 4 LAND ACQUISITIONS PC: 12-3-2024 BAERBROTHER LLC 401 N MAIN ST OSHKOSH WI 54901-4907 TYVM FOR THE MONEY LLC C/O SCOTT DERCKS 407 N MAIN ST OSHKOSH WI 54901-4907 CODY R PYFER ERICA P MULLOY 411 N MAIN ST OSHKOSH WI 54901-4907 JOSEPH F KRUMRICH ETAL 403 ANGLESEY RD WALES WI 53183-9785 HOOPMANS DOWNTOWN LL PO BOX 1099 OSHKOSH WI 54903-1099 BRADFORD C BRITTON 1121 HAZEL ST OSHKOSH WI 54901-4059 STAPEL PROPERTIES LLC 427 N MAIN ST OSHKOSH WI 54901-4907 ESCAPE RENTALS LLC C/O REBECCA EVALYN GRAF 873 JACKSON AVE OMRO WI 54963-1786 DOWNTOWN NBHD ASSOC EMAILED Page 5 MARKETST DIVISION ST MERRITT AV CHURCH AV BROWN ST N MAIN ST ALGOMA BLVD HIGH AV WASHINGTON AV OperahouseSquare J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 11/27/2024 1 in = 120 ft1 in = 0.02 mi¯BASE MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 6 OTTER AV BROAD ST MERRITT AV COMMERCE ST E PARKWAY AVW PARKWAY AV DIVISION ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER WAUGOO AV GRAND ST CENTRAL ST MT VERNON ST FREDERICK ST PEARL AV IDA AV CHURCH AV MARKETST DIVISION ST BROWN ST MARKET ST UNION AV MARION RD JEFFERSON ST CHURCH AV PLEASANT ST MADISON ST OXFORD AV DIVISION ST DIVISION ST FRANKLIN ST STATE ST CENTRAL ST ALGOMA BLVD N MAIN ST CEAPE AV JACKSON ST HIGH AV WASHINGTON AV OREGON ST CMU CMU CMU CMU CMU-PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-UTO MR-36 MULTIPLE RMU-PD-RFO RMU-PD-RFO TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PDUMU-PD UMU-PD-UTO UMU-UTO UMU-UTO J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 11/27/2024 1 in = 400 ft1 in = 0.08 mi¯ZONING MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 7 MERRITT AV MARKET ST BROWN ST DIVISION ST N MAIN ST HIGH AV ALGOMA BLVD WASHINGTON AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 11/27/2024 1 in = 100 ft1 in = 0.02 mi¯AERIAL MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 8