HomeMy WebLinkAbout09-292JULY 28, 2009 09 -292 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE TUCHSCHERER ANNEXATION FROM
TOWN OF OSHKOSH
INITIATED BY: DAVID TUCHSCHERER, ETAL
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ANNEXING CERTAIN
TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 15TH WARD
OF SAID CITY.
The Common Council of the City of Oshkosh do ordain as follows:
WHEREAS, an annexation petition duly circulated has heretofore been signed by
the owners of all the real property within such territory and all of the electors residing in
said territory; and
WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be
filed without a notice of intention to circulate in an annexation by unanimous approval; and
WHEREAS, said annexation petition together with a description of the territory to be
annexed and a scale map showing the boundaries of such territory and its relation to the
municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the
Town of Oshkosh; and
WHEREAS, a copy of said annexation petition together with a description of the
territory to be annexed and a scale map having been mailed to the affected municipal and
school district clerks and the Director of the Municipal Boundary Review of the State of
Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and
WHEREAS, not more than one hundred twenty (120) days have lapsed since the
filing of the annexation petition; and
WHEREAS, the Director of the Municipal Boundary Review of the State of
Wisconsin, Department of Commerce has issued his opinion that the annexation is not
contrary to the public interest; and
JULY 28, 2009 09 -292 ORDINANCE
CONTD
WHEREAS, the petitioners have requested that the annexation ordinance
temporarily designate the classification of the annexed area for zoning purposes; and
WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said
property be temporarily zoned as follows: R -1 Single Family
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
SECTION 1. The following described territory, pursuant to a duly circulated and
filed annexation petition for direct annexation is hereby annexed to and made part of the
City of Oshkosh, a municipal corporation located in Winnebago County, more specifically
to the 15th Ward of said City and subject to Wisconsin Statutes and the amendments
thereto:
(as described in the attached "Exhibit A ")
SECTION 2. Sections 1 -28 and 1 -29 of the Oshkosh Municipal Code pertaining to
Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions
of this Ordinance and the proper City officials are hereby authorized and directed to make
such changes.
SECTION 3. The proper City officials are hereby authorized and directed to comply
with the following requirements of Section 66.0217(9) of the Wisconsin Statutes and the
City Clerk shall give written notice to the appropriate Town Clerk of the acceptance of the
annexation petition and the adoption of this Ordinance.
SECTION 4. Said property hereinabove described is hereby temporarily zoned as
follows: R -1 Single Family
SECTION 5. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 6. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #09 -XXX APPROVE TUCHSCHERER ANNEXATION FROM THE
TOWN OF OSHKOSH on August 11, 2009. The Ordinance annexed property to the City
of Oshkosh at 2810 Shorewood Drive. The full text of the Ordinance maybe obtained at
the Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011.
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TUCHSCHERER ANNEXATION
BEING ALL OF LOT 30 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT
EASTERLY '/ OF SHOREWOOD DRIVE (FORMERLY OAKWOOD DRIVE), ALL
LOCATED IN GOVERNMENT LOT 1 OF SECTION 7, TOWNSHIP 18 NORTH, RANGE 17
EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH IS
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, TOWNSHIP
18 NORTH, RANGE 17 EAST; THENCE NORTH 89 0 52'05" EAST, 487.17 FEET ALONG
THE NORTH LINE OF SAID SECTION 7 TO A POINT ON THE CENTERLINE OF
SHOREWOOD DRIVE; THENCE SOUTH 18 0 10'00" WEST, 925.21 FEET, ALONG SAID
CENTERLINE OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE
SOUTH 71 EAST, 15 FEET, TO THE NORTHWEST CORNER OF LOT 30 OF THE
REPLAT OF OAKWOOD BEACH PLAT; THENCE CONTINUING SOUTH 71 EAST,
172 FEET ALONG THE NORTH LINE OF SAID LOT 30 TO A POINT ON A MEANDER
LINE , SAID POINT BEING NORTH 71 WEST, 20 FEET MORE OR LESS FROM
THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 18 0 10'00" WEST, 50.00
FEET ALONG SAID MEANDER LINE TO A POINT THAT IS NORTH 71 WEST, 23
FEET MORE OR LESS FROM THE SHORELINE OF SAID LAKE; THENCE NORTH
71 WEST, 172.00 FEET ALONG THE SOUTH LINE OF SAID LOT 30 TO THE
SOUTHWEST CORNER OF SAID LOT 30; THENCE CONTINUING 71 WEST,
15.00 FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH
18 0 10'00" EAST, 50.00 FEET ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING. ALSO INCLUDING ALL LANDS LYING BETWEEN SAID MEANDER LINE
AND THE SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF THE
NORTHERLY AND SOUTHERLY BOUNDARY LINES TO SAID SHORELINE LINE.
SAID AREA CONTAINS 9,628 SQUARE FEET OR 0.22 ACRES, MORE OR LESS.
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OYHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney, Director of Community Developme
DATE: July 23, 2009
RE: Approve Tuchscherer Annexation from the Town of Oshkosh (Plan Commission
recommends approval)
BACKGROUND /SUBJECT PROPERTY
David and Minimay Tuchscherer request approval of the annexation of approximately 0.22 acres
of land located at 2810 Shorewood Drive in the Town of Oshkosh generally located at the
northeast corner of Nicolet Avenue and Shorewood Drive. The property contains a single family
dwelling and accessory outbuildings. This is an annexation by unanimous approval due to a
failing septic system.
ANALYSIS
The primary purpose of the annexation request is to allow the owners to connect to city utilities.
It is requested that the property be annexed with a R -1 Single Family Residence District zoning
classification to match its existing use, the zoning of the properties located within the city to the
west and the south as well as to be compatible with the existing County R -2 Suburban
Residential District (Subdivided) zoning to the north. The Comprehensive Plan designates this
area as appropriate for residential use and the proposed zoning permits the existing single family
use of the property.
City services are currently being provided to adjacent properties in the area and the addition of
one residential property to the City will have little or no impact on the provision of these City
services or the need to provide additional services. Sanitary sewer and water can be made
available in the street in 2010 and the owners will make arrangements for connection.
FISCAL IMPACT
Based on the 2008 Winnebago County assessed value of land and improvements on the subject
property, $98,400 in value will be added to the City's property tax rolls upon annexation.
RECOMMENDATION
The Plan Commission approved of this request at its July 21, 2009 meeting.
Approved,
City Manager
O,IHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney, Director of Community Developme
DATE: July 23, 2009
RE: Approve Tuchscherer Annexation from the Town of Oshkosh (Plan Commission
recommends approval)
BACKGROUND /SUBJECT PROPERTY
David and Minimay Tuchscherer request approval of the annexation of approximately 0.22 acres
of land located at 2810 Shorewood Drive in the Town of Oshkosh generally located at the
northeast corner of Nicolet Avenue and Shorewood Drive. The property contains a single family
dwelling and accessory outbuildings. This is an annexation by unanimous approval due to a
failing septic system.
ANALYSIS
The primary purpose of the annexation request is to allow the owners to connect to city utilities.
It is requested that the property be annexed with a R -1 Single Family Residence District zoning
classification to match its existing use, the zoning of the properties located within the city to the
west and the south as well as to be compatible with the existing County R -2 Suburban
Residential District (Subdivided) zoning to the north. The Comprehensive Plan designates this
area as appropriate for residential use and the proposed zoning permits the existing single family
use of the property.
City services are currently being provided to adjacent properties in the area and the addition of
one residential property to the City will have little or no impact on the provision of these City
services or the need to provide additional services. Sanitary sewer and water can be made
available in the street in 2010 and the owners will make arrangements for connection.
FISCAL IMPACT
Based on the 2008 Winnebago County assessed value of land and improvements on the subject
property, $98,400 in value will be added to the City's property tax rolls upon annexation.
RECOMMENDATION
The Plan Commission approved of this request at its July 21, 2009 meeting.
Approved,
City Manager
ITEM: TUCHSCHERER ANNEXATION
Plan Commission meeting of July 21, 2009
GENERAL INFORMATION
Applicant /Property Owner: David and Minimay Tuchscherer
Action(s) Requested:
The petitioner is proposing direct annexation (by unanimous approval) of approximately 0.22 acres of
land currently located in the Town of Oshkosh.
Applicable Ordinance Provisions:
Requirements concerning annexation are located within Section 30 -9 of the City of Oshkosh Zoning
Ordinance as well as within Section 66.0217 of the WI State Statutes.
Property Location and Background Information:
David and Minimay Tuchscherer request approval of the Tuchscherer annexation of approximately
0. 22 acres of land located at 2810 Shorewood Drive in the Town of Oshkosh generally located at the
northeast corner of Nicolet Avenue and Shorewood Drive. The property contains a single family
dwelling and accessory outbuildings. Currently, the property has a Winnebago County zoning
designation of R -2, Suburban Residential District (Subdivided).
C11h1P0f C1tP
Existing Land Use
Zoning
Single- Family Dwelling
R -2 (County) ]
Adiacent Land Use and Gonin
CmmnrPhPn6vP Plan
Land Use Recommendation
Land Use `
10 Year Recommendation
Residential
20 Year Recommendation
Residential
ANALYSIS
The petitioner requests approval of the Tuchscherer Annexation (by unanimous approval) of
approximately 0.22 acres of land located in the Town of Oshkosh. They request the property be
annexed with a R -1 Single Family Residence District zoning classification to match its existing use, the
zoning of the properties located within the city to the west and the south as well as to be compatible
with the existing County R -2 Suburban Residential District (Subdivided) zoning to the north.
The purpose of the annexation is to allow the owner to connect to city utilities and have access to city
services such as police and fire protection. The Comprehensive Plan designates this area as appropriate
for residential use and the proposed zoning permits the existing single family use of the property.
The Department of Public Works has reviewed the request and estimates that utilities including
sanitary and water service can be provided and could be included in the 2010 Capital Improvement
Program. Oshkosh Fire and Police Departments have reviewed the annexation request and do not have
any concerns with providing services to this property.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the Tuchscherer Annexation
with temporary and permanent zoning of R -1 Single Family Residence District as requested.
The Plan Commission approved of the annexation as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding properties. He explained that the
petitioner is requesting annexation to enable them to connect to city utilities and have access to city
services such as police and fire protection. The state has reviewed the request and determined that it is
in the public interest to allow this annexation. The Department of Public Works has also reviewed the
request and have budgeted the extension of city services to this area by 2010. Both the Oshkosh Fire
and Police Departments have reviewed the annexation request and do not have any concerns with
providing services to this property. The petitioner is requesting a zoning classification of R -1 Single
Family Residence District which is compatible with the Comprehensive Plan.
Ms. Propp questioned who owns the two lots to the south and where the Sanitary District for the town
was located.
Mr. Nau responded that the property adjacent to the site was not a private lot but a fire lane and the
property owner of the other vacant parcel to the south was contacted, however the owner was
considering building on the site sometime in the future but was not interested in annexing into the city
at this time.
Steve Gohde, Assistant Director of Public Works, stated that the Sanitary District for the Town of
Oshkosh was located to the north in the Island View Drive area.
Motion by Nollenberger to approve the Tuchscherer annexation as requested.
Seconded by Propp. Motion carried 7 -0.
ITEM— Tuchscherer Annexation
PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
WHEREAS, the undersigned constituting all of the electors and all of the owners of real property in the
territory proposed to be annexed;
NOW, THEREFORE, PETITION IS HEREBY MADE by unanimous approval pursuant to the provisions of Sec.
66.0217(2) of the Wisconsin Statutes, for direct annexation to the City of Oshkosh, Wisconsin, from the Town of Oshkosh,
Winnebago County, Wisconsin, of the real estate hereinafter described.
That pursuant to Sec. 66.0217(2), petition is hereby made without compliance to the notice requirements of Sec.
66.0217(4) of the Wisconsin Statutes.
That the current population of the territory to be annexed as defined by Sec. 66.0201(2)(dm) of the Wisconsin Statutes is
two (2).
That the territory to be annexed is contiguous to the City of Oshkosh, is located in the Town of Oshkosh, Winnebago
County, Wisconsin and is described as follows:
TUCHSCHERER ANNEXATION
BEING ALL OF LOT 30 IN THE REPLAT OF OAKWOOD BEACH PLAT AND ADJACENT EASTERLY %2 OF
SHOREWOOD DRIVE (FORMERLY OAKWOOD DRIVE), ALL LOCATED IN GOVERNMENT LOT 1 OF
SECTION 7, TOWNSHIP 18 NORTH, RANGE 17 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY,
WISCONSIN, WHICH IS BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID SECTION 7, TOWNSHIP 18 NORTH, RANGE 17
EAST; THENCE NORTH 89 0 52'05" EAST, 487.17 FEET ALONG THE NORTH LINE OF SAID SECTION 7 TO A
POINT ON THE CENTERLINE OF SHOREWOOD DRIVE; THENCE SOUTH 18 °10'00" WEST, 925.21 FEET,
ALONG SAID CENTERLINE OF SHOREWOOD DRIVE TO THE POINT OF BEGINNING; THENCE SOUTH
71 0 50'00" EAST, 15 FEET, TO THE NORTHWEST CORNER OF LOT 30 OF THE REPLAT OF OAKWOOD
BEACH PLAT; THENCE CONTINUING SOUTH 71'5 0'00" EAST, 172 FEET ALONG THE NORTH LINE OF SAID
LOT 30 TO A POINT ON A MEANDER LINE, SAID POINT BEING NORTH 71 °50'00" WEST, 20 FEET MORE OR
LESS FROM THE SHORELINE OF LAKE WINNEBAGO; THENCE SOUTH 18 0 10'00" WEST, 50.00 FEET ALONG
SAID MEANDER LINE TO A POINT THAT IS NORTH 71 0 50'00" WEST, 23 FEET MORE OR LESS FROM THE
SHORELINE OF SAID LAKE; THENCE NORTH 71'50'00" WEST, 172.00 FEET ALONG THE SOUTH LINE OF
SAID LOT 30 TO THE SOUTHWEST CORNER OF SAID LOT 30; THENCE CONTINUING 71 °50'00" WEST; 15.00
FEET TO THE CENTERLINE OF SHOREWOOD DRIVE; THENCE NORTH 18 0 10'00" EAST, 50.00 FEET ALONG
SAID CENTERLINE TO THE POINT OF BEGINNING. ALSO INCLUDING ALL LANDS LYING BETWEEN SAID
MEANDER LINE AND THE SHORELINE OF LAKE WINNEBAGO AND THE EXTENSION OF THE
NORTHERLY AND SOUTHERLY BOUNDARY LINES TO SAID SHORELINE LINE. SAID AREA CONTAINS
9,628 SQUARE FEET OR 0.22 ACRES, MORE OR LESS.
That attached hereto is a scale map reasonably showing the boundaries of the following described territory to be annexed
and its relation to the munici alities involved.
I U U JUN 2 3 2009 1 V I "'
3
QUALIFICATION
(elector and /or
NAME
POST OFFICE ADDRESS
DATE SIGNED
pro owner
David J & Minimay
2810 Shorewood Drive
WI 54901
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Property OwpFr
Tuchs
,
I U U JUN 2 3 2009 1 V I "'
3
PETITION FOR TEMPORARY AND PERMANENT ZONING CLASSIFICATION
TO THE COMMON COUNCIL OF THE CITY OF OSHKOSH:
WHEREAS the undersigned are electors and/or property owners in the area being sought to
be annexed to the City of Oshkosh, said area being more particularly described in a certain petition
for unanimous annexation to the City of Oshkosh,
2810 Shorewood Drive
and,
WHEREAS it is acknowledged by the undersigned that the submitting of this petition does
not in any matter attempt to make said petition for direct annexation conditional upon this petition
or the action taken by the said Common Council pursuant to this petition.
NOW, THEREFORE, the undersigned petition the Common Council of the City of
Oshkosh that the ordinance annexing said territory include a provision temporarily designating the
classification for zoning purposes, pursuant to Sec. 66.0217(8) of the Wisconsin Statutes, until the
zoning ordinance is amended as prescribed in Sec. 62.23(7)(d) of the Wisconsin Statutes, as
follows:
R -1 Single Family Residence District
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JUN 2 3 2009
CITY CLERK'S OFFICE
4
Qualification
(elector and/or
NAME
POST OFFICE ADDRESS
DATE SIGNED
property owner
David J & Minimay
Tuchscherer
2810 Shoreweood Drive
Oshkosh, WI 54901
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Property wne
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JUN 2 3 2009
CITY CLERK'S OFFICE
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ANNEXATION TUCHSCHERER DAVID /MINIMAY CARPENTER THOMAS /CHRISTINE
2810 SHOREWOOD DR 2810 SHOREWOOD DR 1062 NICOLET AVE
PC: 07 -21 -09 OSHKOSH WI 549010000 OSHKOSH WI 549010000
HARRA JOHN E
1022 OAK ST
OSHKOSH WI 549010000
DECLUTE BURELL M
2814 SHOREWOOD DR
OSHKOSH WI 549010000
JEANNETTE MERTEN
TOWN OF OSHKOSH CLERK
1065 COZY IN
OSHKOSH WI 54901
RE 2738 SHOREWOOD DR
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH WI 54903 -1130
RE VACANT LOT NICOLET AV
L -L
-------------------
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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 for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - kmf
Scale: 1" = 100'
r �
N OfHKO -f H
ON THE WATER
City of Oshkosh
Department of
Community Development
06/29/09
980 990
93A' 1 93.0'
ANNEXATION PETITION
2810 SHORELAND DR
LAKE
WINNEBAGO
I
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 for any Inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - k
ANNEXATION PETITION
2810 SHORELAND DR
Scale: 1" = 1000'
N OIHKOlH
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City of Oshkosh
Department of
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06/29!09
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