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PLAN COMMISSION MINUTES
May 6, 2008
PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Cathy Scherer,
Shirley Mattox
EXCUSED: Meredith Scheuermann, Kathleen Propp, Chet Wesenberg, Jon Dell’Antonia
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau,
Associate Planner; Deborah Foland, Recording Secretary
Chairperson Scherer called the meeting to order at 4:01 pm. Roll call was taken and a quorum declared
present.
The minutes of April 15, 2008 were approved as presented. (Fojtik/Mattox)
Mr. Lowry arrived at 4:02 pm.
I. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR A PARKING
LOT AT THE UNIVERSITY OF WISCONSIN-OSHKOSH (VACATED WOODLAND
AVENUE)
The petitioner is requesting a conditional use permit/development plan review for the development of a
surface parking lot upon vacated right-of-way known as Woodland Avenue between Algoma Boulevard
and Elmwood Avenue.
Mr. Nau presented the item and stated that in order to avoid the proposed parking lot having a zero-foot
nonconforming setback, the University must combine the two parcels adjacent to the parking lot into one
contiguous parcel. He also noted that the proposed lot did meet the zoning code required interior
landscaping in the form of islands. Staff recommended that two additional internal landscape islands be
installed.
Ms. Mattox questioned how wide the parking lot would be on the west side.
Mr. Burich responded that it appeared to be approximately 18-20 feet.
Tom Sonnleitner, Vice Chancellor of the University of Wisconsin-Oshkosh, 800 Algoma Boulevard,
displayed a map of the proposed parking area and stated that the university would not have any issues
with combining the two parcels into one parcel to resolve the situation of a zero-foot setback for the
parking lot. He further stated that this plan was carefully designed and took three years to complete, but
they feel that there is adequate green space here already and is requesting the elimination of the
condition to install two internal landscape islands in the parking lot. He stated that there is already
landscaping by the sidewalk areas and the inclusion of these islands would mandate additional storm
sewer requirements and would also be an issue with snow plowing. Originally the proposed parking lot
plan would have accommodated 99 stalls which was diminished to 83, and with the inclusion of the
landscape islands, would now be reduced to 81 stalls. This is the first reserve parking system developed
for the university and they would like to use this plan as a model to extend across campus.
Plan Commission Minutes 1 May 6, 2008
Ms. Mattox inquired if the utility poles in the area would be an issue.
Chris Miles, Facilities Manager of the University of Wisconsin-Oshkosh, 800 Algoma Boulevard,
replied that the utility poles were going to be removed and utilities placed underground.
Ms. Mattox questioned if the sidewalk areas on the site plan would be impervious.
Ms. Miles responded that the sidewalk areas delineated on the map were to note where new impervious
concrete was being installed.
Ms. Mattox then commented that it appeared that 14 trees were being removed from the site and was
wondering how many new trees were being planted.
Ms. Miles displayed a map of the site showing where trees were being removed and locations of where
new trees were being planted. She stated that their landscape plans meet City requirements and that the
trees being removed are because they are directly in the area where the parking lot is to be constructed.
Ms. Mattox inquired if the amount of impervious surface was acceptable.
Mr. Burich replied that the Department of Public Works is presently reviewing the plans and he did not
believe they had any concerns.
Ms. Scherer questioned if trees could be planted in some of the areas that indicate bushes would be
installed.
Ms. Miles responded that it would be a possibility, but that some of the remaining trees on the site were
very large and that new trees could not be planted in some of the areas as they would not have sufficient
room to grow.
Mr. Esslinger commented that he thought the Commission could remove the condition to require the two
internal landscape islands be installed as this will increase costs to the petitioner and they have stated
that they do not wish to include these on their plans.
Mr. Burich replied that a motion could not be offered to remove this condition as it is a requirement of
City code, but a motion could be made to state that a base standard modification is to be allowed to
permit the parking lot to be constructed without the required internal landscape islands.
Motion by Esslinger to allow a base standard modification to allow the construction of the
parking lot without the required internal landscape islands.
There was no second to this motion.
Mr. Borsuk commented that he appreciated what Mr. Esslinger was trying to do for the university, but he
did not feel that this was the appropriate time to allow base standard modifications for a new parking lot
as the code had recently been adapted, is not appropriate in this case and it could be precedent setting.
Motion by Esslinger to approve the conditional use permit/development plan for a parking lot at
the University of Wisconsin-Oshkosh as requested with the following conditions:
1.The University shall combine the two subject properties to create one contiguous parcel.
2.Include an internal island within the 31-stall section located adjacent to Elmwood
Avenue and an island within the 22-stall section located adjacent to Algoma Boulevard.
Plan Commission Minutes 2 May 6, 2008
Seconded by Borsuk. Motion carried 6-0-1. (Mr. Fojtik abstained from voting as he is employed
by the University.)
II. CONDITIONAL USE PERMIT FOR SPECIALTY/COLLECTOR AUTOMOBILE
SALES AT 1314 OREGON STREET
The applicant is requesting a conditional use permit to establish a specialty/collector automobile sales
use on a developed lot at 1314 Oregon Street.
Mr. Borsuk questioned how collector cars are defined and how the City would keep the site from
becoming a regular auto sales lot since the conditional use permit usually continues with the parcel.
Mr. Buck replied that there is no distinct definition of collector/specialty cars but since the CUP request
is limited to no more than four automobiles for sale on-site at any given time, it would discourage the
use for a “regular” auto sales lot.
Mr. Fojtik asked how frequently the City staff checks on sites to ensure that conditions are being met.
Mr. Buck responded that the City can check at any time with notice to the property owner, however, a
set schedule is not in place. It is typically based on complaint or irregular observation.
Ms. Mattox stated that she had concerns if a six foot fence would be adequate to screen the use from the
residential uses on South Park Avenue. She also voiced her concerns regarding the lack of occupancy in
the building fronting the street on this site as she felt that it would diminish the possibility of the vacant
parcel to the south being developed in the future.
Mr. Burich replied that since automobile repairs/service would not be allowed and storage of inoperable
vehicles or parts was also not allowed, except within a structure, the only use being screened was the
parking of vehicles in four display stalls which parked vehicles would be present in the lot with the
presence of any other use on site. The graveled parking lot is an existing condition and is considered
“grandfathered” so we cannot request that he pave the area at this time. In regard to the vacant lot to the
south of the site, we have not had any potential development on this parcel in the past several years.
Jeff Schmiedel, 2880 Fox Tail Lane, owner of the property at 137 and 137A West South Park Avenue,
questioned if there would be a fence installed around the buildings.
Mr. Buck responded that he believes the petitioner would be utilizing the existing fence surrounding the
property.
Mr. Schmiedel commented that although there was a fence around the perimeter of the property, he did
think there was fencing behind the garage at the rear of the site and the owner had items stored in that
location. He stated that if the petitioner did not wish to install fencing behind the garage, he would put
fencing up on his property instead. He also questioned if new lighting was to be installed on the site.
Mr. Buck replied that there was no mention of new lighting on the petitioner’s application and if new
lighting was installed, it would have to comply with City code which is limited to .5 foot candles.
Mr. Burich added that the lighting element would also have to be shielded.
Plan Commission Minutes 3 May 6, 2008
Shawn O’Marro, 2675 Newport Avenue, owner of the property at 132 West 14th Avenue, questioned if
the garage in the rear of the site that was currently used as a “hobby” garage would turn into a full-time
service garage.
Mr. Buck responded that the conditional use permit limits automobile repair and service to personal
vehicles only.
Mr. O’Marro stated that he did not have an issue with this use, but would object to a commercial or full-
time repair/maintenance garage at this location.
Arden Olejnik, 7210 Lilly Lane, owner/petitioner for this request, stated that he did not have intentions
to create a full-time garage on the site and that the use would not change much from what is presently
there. He intends to keep the use on the site low-key with the exception of occasional auto sales which
would most likely be generated through the internet or adverts in trade magazines. He wanted the
display stalls in case they are needed, but any nice collector cars would most likely be stored in the
garage, not left outside.
Mr. Borsuk asked if the petitioner would be removing the items stored in the rear of the garage or if he
would prefer to install fencing in that area.
Mr. Olejnik replied that he would remove the items stored in that location.
Mr. Borsuk then asked if the graveled lot would be paved.
Mr. Burich responded that the site was considered as an existing non-conforming use, and since the
owner was not extending or intensifying the present use, it was not appropriate under these
circumstances to expect the owner to pave the lot.
Ms. Mattox questioned if any effort had been made to utilize the building fronting the street at this
location.
Mr. Olejnik replied that he did not have any intentions of utilizing the front building at this time, and as
far as the vacant lot next door, he did not own this property so he had no control over the development of
this site.
Mr. Fojtik asked if the petitioner was in agreement with the conditions placed on this request.
Mr. Olejnik responded yes.
Ms. Mattox inquired if there would be any time restraints placed on the conditional use permit.
Mr. Burich replied that placing an expiration date on a conditional use permit is usually only done when
there have been compliance issues with the property in the past. He did not feel that this was necessary
with this site.
Mr. Borsuk questioned if fencing and prohibiting outside storage needed to be addressed in the
conditions.
Mr. Burich responded that general municipal code requirements are usually used to enforce these issues.
Plan Commission Minutes 4 May 6, 2008
Mr. Borsuk stated that he would like to add the condition that no outdoor storage is permitted behind the
garage structure.
Motion by Borsuk to approve the conditional use permit for specialty/collector automobile sales
at 1314 Oregon Street as requested with the following conditions:
1)Site/business is maintained and operated per the submitted site plan.
2)No more than four automobiles for sale be displayed on-site at any given time.
3)Automobile repair and service, other than cleaning or minor repair to personal
vehicles within a structure, is prohibited.
4)Storage of inoperable/junked vehicles or parts outside of structures on the site is
prohibited.
5)No outdoor storage permitted behind the garage structure.
Seconded by Esslinger. Motion carried 7-0.
There being no further business, the meeting adjourned at approximately 4:50 pm. (Lowry/Mattox)
Respectfully submitted,
Darryn Burich
Director of Planning Services
Plan Commission Minutes 5 May 6, 2008