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Plan Commission Minutes 1 January 21, 2025
PLAN COMMISSION MINUTES
January 21, 2025
PRESENT: Council Member Nichols, Margy Davey, Karl Loewenstein, Meredith Scheuermann,
Kathleen Propp, John Kiefer, Thomas Perry
EXCUSED: Joshua Belville, Ed Bowen
STAFF: Sara Rutkowski, Assistant Community Development Director; Justin Gierach,
Engineering Division Manager; Brian Slusarek, Principal Planner; Jeff Nau, Planner;
Emma Dziengeleski, Assistant Planner; Hannah Schueler, Administrative Assistant;
Oshkosh Media
Chairperson Perry called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of January 7, 2025 were approved as presented. (Kiefer/Scheuermann)
I. GRANT PRIVILEGE IN THE STREET FOR STATUE WEST OF 224 STATE
STREET LOCATED IN THE STATE STREET RIGHT-OF-WAY
Site Inspections Report: All Commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a privilege in the street to allow for installation of a statue and associated
utilities within City right-of-way.
Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. Staff recommends approval of the request for
privilege-in-the-street with the conditions as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Kiefer inquired whether the statue is mounted on a base and extends outward from the
building.
Mr. Slusarek responded that the statue is positioned on a base adjacent to the building.
Mr. Kiefer inquired about the distance between the statue and the building.
Ms. Rutkowski mentioned that the statue is located five feet from the building and one foot away
from State Street.
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Plan Commission Minutes 2 January 21, 2025
Ms. Davey questioned whether this means there is just one foot of space available to walk around
the statue.
Ms. Rutkowski clarified that there will be five feet between the building and an additional foot of
space before reaching State Street.
Mr. Loewenstein asked if there is an elevation change for the ADA entrance.
Ms. Rutkowski responded there is not.
Mr. Kiefer asked whether there are any surrounding elements around the statue or if it stands
alone on the sidewalk.
Mr. Slusarek said that is correct.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
Kelsie Lally, of 1840 Evans Street, stated her team is developing an Italian restaurant at 224 State
Street. The bronze pig statue, a replica of Florence's Il Porcellino Tartufo, is intended to greet
customers. She highlighted a five-foot clearance for the ADA-compliant sidewalk and a ramp from
the entrance to the east-side parking lot. An 18-inch gap on the west side of the statue base allows
car doors to open safely. The concrete block base will be wrapped in limestone to match the
exterior façade.
Mr. Perry asked if any members of the public wished to speak. There were none.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Mr. Loewenstein inquired about the distance between the Main Street sidewalk planters and the
adjacent buildings.
Mr. Gierach responded that staff estimates there is approximately seven feet of clearance from the
buildings to the planters. Generally, a two-foot gap is required between the street and any planter
or fixture. However, the sidewalk at 224 State Street lacks sufficient space to meet this standard
requirement.
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Plan Commission Minutes 3 January 21, 2025
Ms. Scheuermann inquired if other fixtures are required to have the same level of insurance and
protection as the pig statue.
Mr. Gierach explained that the additional protection is required due to the underground electrical
installation for the statue's fountain feature. Planters, awnings, and similar features are approved
through administrative processes with encroachment agreements and similar documentation.
Council Member Nichols remarked that public art is always beneficial and expressed that the
statue will be a great addition to downtown.
Motion carried 7-0.
II. PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN
ADAPTIVE REUSE AT 322 CHURCH AVENUE
Site Inspections Report: Ms. Scheuermann, Ms. Propp and Council Member Nichols all reported
visiting the site.
Staff report accepted as part of the record.
The applicant is requesting Conditional Use Permit approval for an adaptive reuse at 322 Church
Avenue
Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. Staff recommends approval of the proposed
Conditional Use Permit for an adaptive reuse at 322 Church Avenue with the findings listed in the
staff report.
Ms. Rutkowski mentioned that the staff reports will include more detailed findings to aid the Plan
Commission in making their recommendation.
Mr. Perry opened up technical questions to staff.
Mr. Loewenstein questioned why staff opted for a CUP instead of pursuing a rezone.
Mr. Slusarek explained that issuing a CUP was more sensible than spot zoning, as it maintains
consistency with the surrounding zoning.
Mr. Perry opened the public hearing and asked if the owner and/or applicant wanted to make any
statements. The applicant declined to make a statement.
Mr. Perry asked if any members of the public wished to speak. There was no one from the public
who spoke.
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Plan Commission Minutes 4 January 21, 2025
Mr. Perry closed the public hearing.
There was no closing statement from the applicant.
Motion by Propp to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion. There was no discussion.
Motion carried 7-0.
III. PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED USE DISTRICT
(UMU) TO URBAN MIXED USE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (UMU-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
PERSONAL OR PROFESSIONAL SERVICE USE AT 536 BAY SHORE DRIVE
Site Inspections Report: All commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant requests a zone change from the existing Urban Mixed Use District (UMU) to Urban
Mixed Use District with a Planned Development Overlay (UMU-PD). The applicant also requests
approval of a General Development Plan and Specific Implementation Plan for a personal or
professional service use.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Staff recommends approval of the zone change, General
Development Plan, and Specific Implementation Plan with the findings and condition as listed in
the staff report.
Mr. Perry opened up technical questions to staff. There were no technical questions to staff.
Mr. Perry opened the public hearing and asked if the owner and/or applicant wanted to make any
statements.
Tara Rudy, of 730 Hawthorne Drive, Omro, WI, made herself available for questions, expressed
enthusiasm for the project, and requested on-street parking permission.
Mr. Perry asked if any members of the public wished to speak. No members from the public spoke.
Mr. Perry closed the public hearing.
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Plan Commission Minutes 5 January 21, 2025
There was no closing statement from the applicant.
Motion by Kiefer to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Council Member Nichols expressed his relief over the BSM allowing for no extra parking spots and
the ability to use on street parking for businesses.
Mr. Lowenstein mentioned how large the studio space will be.
Motion carried 7-0.
IV. GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC
IMPLEMENTATION PLAN AMENDMENT FOR MODIFICATIONS TO THE
SUNNYVIEW EXPO CENTER AT 500 EAST COUNTY ROAD Y
Site Inspections Report: All commissioners reported visiting the site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan Amendment and Specific
Implementation Plan Amendment for site modifications.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Staff recommends approval of the General Development
Plan Amendment and Specific Implementation Plan Amendment with the findings and conditions
as listed in the staff report.
Mr. Perry opened up technical questions to staff.
Ms. Davey asked how much space is given for a vision triangle.
Mr. Slusarek said that code requires a 10ft vision triangle for driveways entrances to sites.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements. The
applicant declined to make a statement.
Mr. Perry asked if any members of the public wished to speak. No members of the public spoke.
Mr. Perry closed public comment.
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Plan Commission Minutes 6 January 21, 2025
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Ms. Davey expressed concerns about the asphalt amount and hopes the County Parks Department
avoids using sealant with PAHs (polycyclic aromatic hydrocarbons).
Motion carried 7-0.
V. ACCEPT SIDEWALK EASEMENT AT THE SOUTHWESTERLY CORNER OF
BAY SHORE DRIVE AND MILL STREET (627 BAY SHORE DRIVE)
Site Inspections Report: Ms. Scheuermann, Council Member Nichols and Mr. Kiefer reported
visiting the site.
Staff report accepted as part of the record.
The City of Oshkosh is requesting acceptance of an easement for sidewalk construction at the
southwesterly corner of Bay Shore Drive and Mill Street.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. Staff recommends approval to accept the proposed sidewalk
easement at 627 Bay Shore Drive as requested.
Mr. Perry opened up technical questions to staff.
Ms. Scheuermann asked if this item is coming before Plan Commission because the street there has
to be redone.
Mr. Nau said that is correct.
Council Member Nichols asked if this is the section of street that Council just approved special
assessments for sidewalks.
Mr. Gierach stated no special assessments are approved. At the last meeting, Council authorized
staff to order and install the sidewalk. Staff is currently working through the special assessment
process.
Council Member Nichols asked if this process is being done out of order.
Mr. Gierach mentioned staff believes their current process is correct as they were authorized to
proceed with the sidewalk construction. The easement will aid in ensuring ADA compliance.
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Plan Commission Minutes 7 January 21, 2025
Council Member Nichols inquired whether the sidewalk would lack ADA compliance if the
easement wasn't approved.
Mr. Gierach said that is correct and staff would not be able to make the ramp and the connection to
Mill Street ADA compliant.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements. The
applicant declined to make a statement.
Mr. Perry asked if any members of the public wished to speak. There were no members of the
public who spoke.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Kiefer to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion. There was no discussion.
Motion carried 7-0.
PLANNING MANAGERS REPORT
COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR 1705 OSHKOSH AVENUE
IS ON THE 2/4/25 PLAN COMMISSION AGENDA
Mr. Slusarek said that this item was at the last Plan Commission meeting and was tabled until
1/21/2025. The applicant was not able to attend the meeting, so it will be on the 2/4/2025 meeting. It
will go for a first reading at Council on 3/11/2025 and voted on at the 3/25/2025 meeting.
There being no further business, the meeting adjourned at 4:42 pm. (Kiefer/Scheuermann)
Respectfully Submitted,
Kelly Nieforth
Community Development Director
KN/hs