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Home My WebLink AboutIPLAN COMMISSION STAFF REPORT JUNE 3, 2008 ITEM I: CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT APPROVAL TO RE-ESTABLISH OFFICE USE AT 310 W. IRVING AVENUE GENERAL INFORMATION Applicant: Tom Wagner, Oshkosh Insurance Agency, Inc. Owner: John W. Thompson Action(s) Requested: The applicant is requesting a conditional use permit/development plan approval to re-establish an expired legal nonconforming professional office use within an existing commercial structure. Applicable Ordinance Provisions: Professional office uses are permitted only through the approval of a conditional use permit/planned development within the R-2PD Two Family Residence Zoning District with a Planned Development Overlay District. The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of a PD overlay district in Section 30-33 (A)(1) and Conditional Use Permit in Section 30-11 (D). Background Information Property Location and Type: The subject property is a 0.13-acre/6,000 square feet parcel of land and is located at the northeast corner of Jackson Street and West Irving Avenue. The existing office was developed in 1978 in conjunction with the two-family residential structure adjacent to the east, addressed as 304 West Irving Avenue through the Board of Zoning Appeals granted use variance allowing a "professional building" within an R-5 Multiple Family District and setback variance of 14'6" on West Irving Avenue. In 2001, the City Council approved a downzone from said R-5 Multiple Family District to the R-2 Two-Family District with Planned Development Overlay fora 16 block area, which included this parcel. Subsequently, the chiropractic office vacated the building approximately two years ago and the site has remained vacant, thereby removing the legal nonconforming status of the property for office uses. Suhiect Site Existin Land Use' Zonin -- - Vacant Commercial Buildin R-2PD Adiacent Land iJse and Zoning Existin Uses Zonin North Two-famil Residence R-2PD South Two-famil Residence (Across W Irvin Ave) R-2PD East Two-famil Residence R-2PD West Sin le-family Residence (Across Jackson St R-2PD - - Com rehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The petitioner is proposing to establish an independent insurance office with a total of up to four employees with office hours being from 8 am to 5 pm on weekdays. It is estimated that there will be no more than 10-15 customers per day. The petitioner has indicated that the property is desirable for the professional office use as it is in a very visible location, is currently developed as an office building and the business has a product that is marketable to the many homes in the area, including college rentals. They plan to improve the site by adding landscaping to the site and general upkeep on the building itself. The insurance office use, as with the previous medical office use that operated at the site for approximately 30 years, is not likely to have a negative effect on the health, safety, or welfare of the surrounding properties nor is it likely to be hazardous or disturbing to existing or future land uses in the area. As developed, the site provides a small office space with frontage onto Jackson Street and West Irving Ave. It has a neo-traditional feel with the single story brick structure developed relatively close to the right-of--ways with small amounts of parking located behind the building with sidewalk street access to the entrance. The original site was designed with an effort to have the use and improvements be harmonious with the surrounding area and not be hazardous or disturbing to the residential neighbors or to change the general character of the neighborhood. Staff is concerned with the limited amount of parking being provided. The office use requires six stalls and the two-family dwelling requires four stalls. Therefore there is a total requirement often stalls for both uses. The petitioner has provided four dedicated stalls and attempted to address the two stall deficiency in a creative way with the use of two shared stalls, as depicted in the submitted plans. Additionally, their plan shows an undefined amount of duplex parking north of the two- family home. As similar uses existed in the past, have somewhat different times of primary use (office daytime on weekdays while housing is mainly evenings & weekends), property owners willingness to enter into a cross access/ parking agreement, and on-street parking being available east on West Irving Ave. (east of Franklin Street on both the north and south side), staff believes the situation can work. To help alleviate any potential conflicts between continual staff parking on the street and neighboring homeowner's use of street parking, staff recommends that employees of the office have stalls provided off-street so their vehicles do not consume stalls typically associated with the residential uses near them. RECOMMENDATION/CONDITIONS Staff recommends a finding that the proposed conditional use permit/development plan approval request is consistent with Sections 30-11(D) and 30-33 (A)(1) of the Zoning Ordinance and be approved with the following conditions: 1) Cross access and cross parking agreement be provided between the subject site and the property adjacent to the east. 2) Base standard modification to the parking regulations to allow the sharing of two stalls with the adjacent property adjacent to the east. 3) Employees of the office have stalls provided off-street. Item I- 310 W Irving-CDP/PD Professional Office C~j 0 0 3 04,'28/08 11:40 FAX 608 827 7300 ~ No. 5161 °~ j Apr,25. 2008 4:OOPM PREMIER GROUP . ~~~W r7 ON THE WATER Petitioner. Petitioner's Address; ~y~ SUBMIT TO:- Dept of Community Development 215 Church Ave., P.0-Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 ~~•-Da`~te: ~S GS Stater Zip: S ))'' ~ Telephone #: (Y3O) 702(0 - ~~ U Fax: (~~~) ~ ~ ~ ._ J ~ S~- - Other Contact # or Email: Status of Petitioner (Please Check):~~/p,T,r~,~Q Petitioner's Sigtature (required): ^_ ~ v ^ !~ ^ Tenant ~Pzospective Buyer ,~. nn ~ Date: ~- 1 ~~5`~ 0 OWNER INFORMATION Date: ~ ZS Owner(s): 4,~.r~l~S~ S~~ City: s a~• So"- State: (J?' Zip: 5 3 7 / 7 Owner(s) Address: /? D 4 ~ ~ Q (~,~f ~ 27 -7.~ a ether Contact # or Email: Telephone #: (~~ g~ ~] ^'714 Fax: Ownership Status (Please Cfieck): individual ^ Trust ^ Partnership ^ Corporation Property Owner Consent: (required) I3y signature hereon, I/We acknowledge that City officials and/or employee hcat~o in th~Po ~°~ tand that all meeting datesearetentative property to inspect or gather other information cessary to process this app . and may be postponed by the Planning Se es ivis"on for incomp~lfete submissions or other administrative reasons. O Q C;~ Date: Yet av U Property Owner's Signature: SITE INFORMATION AddresslLocation of Proposed Project Typo Current Use of Proper i ~ ~ Land Uses Surround'u s ~. *'~Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ~ Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDAELE For mole information please the City's website at www_ci.oshkosh.wi-us, Community Deve]opment~Planninghtm 0 Staff ~ Data Recd-`' ~~ City of Oshkosh Application Conditional Use Permit *~*pI.EASE TYPE OR YR'1VT USII`fG~BLACK L~TK ~' 3 West: ~ ' - SUBMITTAL REQUIREMENTS -Must accompany the applicatiop t~ be complete. - ~A narrative of the proposed conditional use and project including: ~o~ Proposed use of the property - <^)Existing use of the property Identification of structures on the property and discussion of their relation to the project '' ^ Projected number of residents, employees, and/or daily customers .~_Proposed amount of dwe 'ng units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredt fan acre ~~ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ~- Surrounding land uses `~`' C`O ~ Compatibility of the proposed use with adjacent and other properties in the area. ~Traffu generation ~`^ / Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties - A complete site plan including: ~~--Two (2) full size (24" x 36") scaled and dimensioned prints of site plan and building elevations ~~Two (2) 8 ''/z" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan --'One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style __ table file (if plans have been prepared digitally) ^ Titleblock that provides all contact information for the petitioner and/or owner, if different ^ Full name and contact information of petitioner's engineers/surveyors/architects, or other design professionals used in the plan preparation ^ The date of the original plan and latest date of revision to the plan ^ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1"=60') unless otherwise approved by the Department of Community Development prior to submittal ^ All property lines and existing and proposed right-of--way lines with bearings and dimensions clearly labeled -•-~ All required building setback and offset lines ^ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ^ Location of all outdoor storage an . effuse disposal areas'and the design and materials used for construction ^ Location and dimension of~all on-site parking an o -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-36 City of Oshkosh Zoning Ordinance •~ Location and dimension of all loading and service areas on the subject property ^ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ~„ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators 4 Briefly explain how the proposed conditional use will not have a negative effect on the issues below. Narrative of the nronosed conditional use and nroiect include; • The Proposed property will be the future office of Oshkosh Insurance Agency, Inc. An Independent Insurance office that sells Property/Casualty, Life, Health, and Annuity Products. • Existing use of the property -been vacant for about 2 years. Before that was a Chiropractor office. • The building on the land will be a professional office from which an Independent Insurance office will be located. • The Insurance Office will have a total of 4 employees that will work out of the office and anywhere from 10-15 customers a day will visit the location. • As for the effects that it will have on the adjoining properties there should not be any. The hours are from Sam-Spm Monday-Friday. There will be nothing done that will disturb the neighboring properties. • The insurance office will not have any ill effect on the adjoining properties and will actually fix up the outside to make it look professional. New paint and will have all new landscaping installed. • The surrounding land uses for the property as residential. Mostly all 2 family rental properties. • The office building will be able to work with the homes in the area in helping with insurance for these properties or can give recommendations to prevent claims or losses. • The traffic generated to this property can vary from day to day, but in any given day no more then about 10-15 people will visit the office. • The location is ideal for our Insurance office as we will be able to offer products to many of the homes in the area, including the college rentals. 5 ~~.. ~ ,s ~ ~ .~ c9 ~' y ~. H 3 3 -z ~ ~ ~ p... m . N " 3 po ,9 ~ r MAY-29-2007 TUE 07 02 Ahl FAR N0, P, 10 0S3JHd 896bSS9809 P47SdLl~11 ZSS: L~-zS-tO ~ .. r, ^ +' ~ A ~ ~, pA ~ • o r M _ I- e'° ~ '~ '~ 4 J ~L1, ~• p ~ 4u Q ` ~ ~ ~ ~ r ~ . o~ ti` ' ~=>' k': o . ~ ~ `~ M ~~~= i ~. ~ ~ •~~ ~ ! I `O` x• ~d 1 ~ ' ' p a 0N ~Dl 'd 2166 • ~ ~~~1s x. c to ~ o, .. x 1 vf-1 T _ i ~'~..~• daoa~ a31w3ad wdtiti~•E LoOb 'zl',ay '. ~os~~~ s 7 CUP-INSURANCE OFFICE BLDG VANGYSEL RHONDA J KIMBER/DAPHNE V YOUNG ERIC 310 W IRVING AV 654 JACKSON ST & JEAN M PC: 06-03-08 OSHKOSH WI 54901 691 FRANKLIN ST OSHKOSH WI 54901 MINT PROPERTIES LLC 1990 IRISH RD NEENAH WI 54956 RE 701 JACKSON ST BUEHLER RONALD E/HANS A 304 W IRVING AVE A OSHKOSH WI 54901 ADRIAN JOHN/ZENEIDA 3246 OLD ORCHARD LN OSHKOSH WI 54902 THOMAS DAVID A 705 JACKSON ST OSHKOSH WI 54901 4320 ALL AMERICAN VENTURES LLC PO BOX 1152 osxxosH WI 54903 1152 RE 707 JACKSON ST SEAVER KARLA MARIE 651 JACKSON ST OSHKOSH WI 54901 4369 THOMPSON JOHN W 1200 JOHN 4 HAMMONS DR 5TH FI MADISON WI 53717 RE 310 W IRVING AV FREUDE/BRYAN M PETERS RYAN 1285 ECHO LN GREEN BAY WI 54304 RE 710 JACKSON ST OSHKOSH INSURANCE AGENCY ATTN TOM WAGNER 1930 ALGOMA BLVD OSHKOSH WI 54901 RE 709 FRANKLIN ST 6 140.0' `~ CV ~ h; 99 0' . 9 M N ti ~ ~ a ' N ~ N '. , r.. ~ 140.0' 96.3' 95.0' Il r i ~ j ~( ~, , ~ ~ b r ~ I~ I` i 140.0' (V i 96.4' 95.0 o ~ ~ ~ c ui ~ ' M ~ ~ ~ xh~n ~X~7~r \nk~~ x"K+K.'K ~ ~ ~ v x ~ .~, ~: " ~ uX~ o.o . ,~ ~ ~ ~ 304 .~ ~`;;;~,". "~;'~ kn u ; ~;.: 102.0' M i i ~ i i ~ i i -.1N._1RY11~1G_A1LE- - - ----- - - --- - - - - - ---- - -~- - ~--- _- - ; - - - __ - -- _ ~ cC> 117.0' ~ ~'~ ~ 120.0' ' "~ ~ o ~;} ~ ~ o ~ ~ cD i 40.0' 95.0' ~ ~ ' i 117.0' 120.0' 11 8.5 118.5' o ~ ,.,.. i ~ ~--~ ~ ~ i ~. DISCLAIMER PROFESSIONAL OFFICE This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city county B U I L D I N G 1~T iV ,fHKOlH 310 W . I RVI N G AV. ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh Is not re- City of Oshkosh Department Of sponsiblefor any inaccuracies herein contained. If discrepancies are found, please contact the CltycfOshkosh. „ , Community Development Scale: 1 = 60 Created by - dff ~5~27~08 8 DISCLAIMER This map is neither a legally recorded map nor a survey and it is not Intended to be used as one. This drawing is a compilation of records, data and Information located in various city, county and state offices and other sources affecting the area shown and it Is to be used for reference purposes only. The City of Oshkosh Is not re- sponsiblefor any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff PROFESSIONAL OFFICE BUILDING 310 W. IRVING AV. Scale: 1" = 1000' N .IHK 1H ON THE WATER City of Oshkosh Department of Community Development 05/27/08 10 f..ti i k sa ^~; . ~~ a ~C. ~~ ;~' e~y ~t• ~_ ~_. ? `-~" :; -~ ~-_~ DISCLAIMER This map is neither a legally recorded map nor a survey and it Is not Intended to be used as one. This drawing Is a compilation of records, data and Information located In various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible torany Inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. Created by - dff R~ ~,~ ~ F'> _ ~ I ~f ~, r ~r"~. ~ ~~ i r` ~ ~ ~9( ~~ ~y~i 4 ?, ~ Z ~ R-' ~ S ~ilf PROFESSIONAL OFFICE BUILDING 310 W. IRVING AV. Scale: 1" = 60' ~~ ~:~ ti I ~~ ~• ~~ i ~ I r, ~~- ..~ ~i~c V N .1HK 1H ON THE WRTER City of Oshkosh Department of Community Development 05/27/08