HomeMy WebLinkAbout10-33JANUARY 26, 2010 10 -33 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT AND PLANNED
DEVELOPMENT AT PAINE ART CENTER & GARDENS TO
IMPROVE DROP -OFF AREA, EXPAND CARRIAGE HOUSE,
NEW GARDEN GARAGE, EXPAND BOTANICAL GARDENS
AND PLACEMENT OF EVENT FACILITIES & BANNERS /
1410 ALGOMA BOULEVARD & 1421 ELMWOOD AVENUE
INITIATED BY: PAINE ART CENTER & GARDENS, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for the property's existing legal nonconforming use as an art
center, museum, and community center, and a planned development with base
standard modifications to improve the drop -off area, expand the carriage house,
addition of a garden garage, expansion of the botanical gardens, and placement of
event facilities and banners, per the attached, is hereby approved with the following
conditions:
1) Planned Development Overlay District be applied to the site.
2) Base standard modifications necessary and as depicted within the development
plan proposal.
3) The raised center of the drop -off area be visually distinct from the drive and walk
through the use of alternate materials or coloring.
4) Additional evergreen landscaping, specifically chosen as a sound deterrent, be
installed along the rear property line of 1428 Algoma Boulevard.
5) Rental events under the circular garden /canopy outdoor event facility and any
area within 100 ft. of 1428 Algoma Boulevard's rear property line must conclude
by 10:00 pm, may not serve beer /wine, and may not contain amplification
equipment as part of event or program.
6) Building banners are limited to events held within the Paine facility and grounds.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, 54903-1130 City of Oshkosh
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TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 22, 2010
RE: Paine Art Center and Gardens Conditional Use Permit Application
In light of the discussions surrounding applications by the Paine Art Center and
Gardens ( "Paine ") to rezone their property and to receive a Conditional Use
Permit and Planned Development Approval for certain uses on their property, this
memo will address some of the issues raised by a neighbor of the Paine, John M.
Kelly, and will hopefully answer some questions the Council may have. I will not
attempt to address each point that has been raised, but will attempt to explain the
larger issues present.
There are essentially three (3) zoning concepts that have been raised during this
application and review process. These concepts are rezoning, conditional uses,
and nonconforming uses. In the case of the Paine applications, the issues
properly before the Council are the rezoning and conditional use applications,
each of which should be analyzed separately. It is not relevant for you to
consider the concept of nonconforming uses and issues relating to whether or
not current uses of the Paine property are legal or illegal nonconforming uses
when you consider the rezoning and conditional use applications.
It is unfortunate that Council is being directed to issues which are not relevant to
your analysis of the appropriateness of the applications. Regarding these
objections:
The issue of whether or not the Paine is using its property for illegal
nonconforming uses is not an issue before you at this time.
The issue of whether or not the Paine has exceeded or expanded any
legal nonconforming use is not an issue before you at this time.
Ca
Paine Art Center Memo: 1/21/09: Page 2
The issues you should consider in conjunction with the Paine's
applications are limited to the rezoning of the property, and whether to
issue and approve the specific terms of the requested conditional use
permit. Council considerations of the pending rezoning and conditional
use permit applications should not include any analysis of whether the
Paine is improperly operating any illegal nonconforming use, whether
any nonconforming use has been expanded, whether the Paine is
violating in some way the terms or conditions of an otherwise valid
noncomforming use, or whether the Paine's actions have caused any
previously valid nonconforming use to be void.
Mr. Kelly has made a number of references to a Waukesha County Court case,
Waukesha County v. Pewaukee Marina, Inc. et al. in his arguments opposing the
Paine applications. This court decision addresses the issue of nonconforming
uses and is not relevant to the issues before you -- rezoning and the issuance of
a conditional use permit. The general legal principal resulting from this case is
that an expansion or enlargement of a legal nonconforming use can result in the
entire nonconforming use becoming void. Because the Council will not be
deciding what are or are not legal nonconforming uses for the Paine property,
this court decision is not relevant to the two Paine applications before you.
The first issue before you, the rezoning request, is perhaps also the easiest to
address. The Paine is requesting a rezoning from "R-1C" single family central
residential to an "R -1 C PD" single family central residential with a planned
development overlay. The rezoning of this property, by itself, will not affect in
any way the use of the property. Rezoning will not validate or invalidate any use,
conforming or otherwise. The act of approving the rezoning application only will
not authorize any change in use or affirm any existing use.
The larger issue before the Council is the Paine's application for a conditional
use permit so that it may use their property as described in its application
materials. Whether or not current uses occurring on the Paine property are legal
or illegal nonconforming uses are not relevant to the issue of whether or not the
conditional use permit requested is appropriate for this property.
Mr. Kelly has taken the position that it is illegal for the Council to approve the
Paine's Conditional Use Permit application. This is legally incorrect. Mr. Kelly
uses the court decision in Foresight, Inc. v. Babl to support his position. While
this objection raises a relevant point, the facts in this court decision are quite
different from the set of facts currently before the Council.
Paine Art Center Memo: 1/21/09: Page 3
One of the legal conclusions resulting from the Foresight court decision is that a
conditional use may only be granted when the use is identified in subject zoning
district as a potential conditional use. Mr. Kelly states that "outdoor wedding and
party rentals" are uses not specifically identified as potential conditional uses in
the R -1 C zoning. He is correct. However, Mr. Kelly fails to mention that "outdoor
wedding and party rentals" are not specifically identified as permitted or
conditional uses in any zoning district in our Zoning Ordinance.
The fact that this specific characterization or terminology for the identified use is
not specifically identified in the code does not and cannot mean that these types
of uses are not allowed in the City. It is impossible to identify in our Code each
and every specific use and possible characterization of such use a property
owner may wish to use on the property. Instead, in these types of situations the
Code is reviewed by staff to determine which uses specifically identified in the
Code, if any, most closely resemble the identified potential uses of property. In
this instance, staff has identified "community center' in the allowed conditional
use section of the R -1 C zone as the specifically identified use most closely
resembling the wedding and rental uses described in the Paine's application.
This interpretation is certainly not inconsistent with the other permitted and
conditional uses allowed in an R -1 C district. For example, a permitted use in the
R -1 C district includes all of those uses permitted in the R -1 district, which
includes public parks and park structures. Should Mr. Kelly's legal argument that
outdoor wedding and party rentals are not allowed in any circumstance in an R-
1 C zoning be adopted, it would appear that the City would be prevented from
renting out any park or park shelter in an R -1 C or other similar districts for
weddings or other events because such uses are not specifically allowed by the
Code. This is not a reasonable interpretation of the Code. Therefore, the Paine
may properly apply for a conditional use permit for their proposed uses within the
R -1 C PD district.
Mr. Kelly's submissions also include discussions regarding C -1 districts as that
district is referenced in the Planned Development District section of the Code.
He has assumed, without explaining or defining, that the Paine's proposed
wedding and rental uses constitute commercial uses. While the Paine by
necessity must raise funds to pay for its operations expenses, it is a not for profit
organization. Additionally, the information provided by the Paine seems to
clearly show that the wedding and event rental portion of its fundraising activities
are minor, therefore, are only ancillary or accessory uses of property.
Re ectfully Sub itted,
n A. Lorens n
City ttorney
Approved
Mark A. Rohloff
City Manager
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ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning S rvices
DATE: January 21, 2010
RE: Approve Conditional Use Permit and Planned Development at the Paine Center &
Gardens to Improve Drop -Off Area, Expand Carriage House, New Garden
Garage, Expand Botanical Gardens, and Placement of Event Facilities and
Banners / 1410 Algoma Boulevard & 1421 Elmwood Avenue (Plan Commission
and Landmarks Commission both Recommend Approval)
BACKGROUND
The approximate 3.8 acre subject area consists of two properties located at the northeast corner
of Algoma Boulevard and Congress Avenue: 3.54 acre Paine Art Center & Gardens (14 10
Algoma Boulevard) and a 10,300 square foot single family home site (1421 Elmwood Avenue).
The Paine Art Center & Gardens has operated as a museum, art center and community center for
approximately 60 years and is listed on the National Register of Historic Places. The subject
area is located within the Algoma Boulevard Historic District and is situated among numerous
historic homes and other cultural /institutional uses such as the Oshkosh Public Museum, Martin
Luther Evangelical Church and Hikers Monument & Paine Conservancy.
ANALYSIS
The purpose of the conditional use permit request is to allow the addition of the planned
development to remove the legal nonconforming status of the existing Paine facility as well as to
permit an expansion to the carriage house, an addition of a drop -off area, addition of a garden
garage, expansion of the botanical gardens, the placement of event facilities and the placement of
event banners.
Planned Development designation is beneficial to the Paine Art Center & Gardens as it provides
a vehicle to remove the legal nonconforming status of the institution as developed and allows for
expansion of the site by the utilization of base standard modifications that may provide relief
from existing conditions affecting the lot such as substandard setbacks. The Planned
Development designation is beneficial to the City as it provides the ability to address
nonconformities and grants City review and oversight of future development plans to ensure
compliance with the City's development and planning policies through the regulation of
standards set forth in the Zoning Ordinance.
The conditional use request is consistent with the Comprehensive Plan in that it promotes several
of the goals as listed in the Cultural Resources Element of the Plan including:
• Goal A: Promotion of the on -going viability of publicly and privately owned cultural
resources;
• Goal B: Creation of strong and vibrant cultural tourism; and
• Goal C: Promotion of cultural events and sites within the city.
The applicant is proposing to add a formal drop -off area at the mansion entrance off of Algoma
Boulevard consisting of a 47 foot diameter circle drive. The expansion of the carriage house is
proposed to be 36 feet to the east adding a 22 foot high single -story addition and renovating the
existing structure to improve handicap accessibility, safety and fire protection and to add
functionality. The addition will compliment the existing structure in style and materials. The
applicant has purchased the property located at 1421 Elmwood Avenue and proposes to remove
the structures and expand the landscaping and gardens along Elmwood Avenue to include
vegetation, gazebos, and trellises enclosed with a 12 foot tall masonry wall resembling the
existing walls. The garden garage is proposed to be a single -story brick structure with a 1,500
square foot footprint to be used as accessory to the gardens for equipment and supplies screened
by a 7 foot tall solid fence. The applicant also proposes to designate two outdoor event facilities
consisting of a 40 foot diameter canopy at the northwest corner of the site and a 2,400 square
foot tent near the carriage house at the southeast corner of the site. The canopy is proposed to be
a temporary structure used for shelter for gardens tours, educational sessions, small group
gatherings, and other miscellaneous programs. The temporary tent is proposed to be used for
similar purposes for larger outdoor gatherings. The applicant is also requesting a base standard
modification to allow the placement of 20 by 20 foot banner signs on the existing mansion
structure fagade on Algoma Boulevard to promote events held at the Paine.
FISCAL IMPACT
None anticipated as the property is currently tax exempt. Emergency service providers have
reviewed the request and have not expressed any concerns about existing service provision or the
need to provide additional services due to the current or proposed use of the site.
RECOMMENDATION
The Plan Commission approved of this request at its December 15, 2009 meeting. The
Landmarks Commission approved of this request at its January 13, 2010 meeting.
Approved,
C ity anager
ITEM: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR THE USE
AND DEVELOPMENT PLAN OF THE PAINE ART CENTER AND GARDENS
MUSEUM ART CENTER AND COMMUNITY CENTER AT 1410 ALGOMA
BOULEVARD
Plan Commission meeting of December 15, 2009
GENERAL INFORMATION
Applicant /Owner: Paine Art Center and Gardens, Inc.
Actions Requested:
The petitioner requests approval of a Conditional Use Permit/Development Plan approval to remove the
legal nonconforming structure status of the Paine Art facility as well as to obtain a Conditional Use
Permit for the existing uses on -site. The request also includes approval of the existing facility as well as
the improvement of a drop -off area, expansion to the carriage house, addition of a garden garage,
expansion of the botanical gardens, the placement of event facilities and event banners.
Applicable Ordinance Provisions:
The Zoning Ordinance establishes criteria and guidelines for the establishment and /or amendment of a PD
overlay district in Section 30 -33 and Conditional Use Permit in Section 30 -11.
Property Location and Type:
The approximate 3.8 acre subject area consists of two properties located at the northwest corner of
Algoma Boulevard and Congress Avenue: 3.54 acre Paine Art Center & Gardens (1410 Algoma
Boulevard) and a 10,300 square foot single family home site (1421 Elmwood Avenue). The Paine Art
Center & Gardens has operated as a museum, art center and community center for approximately 60 years
and is listed on the National Register of Historic Places. The subject area is located within the Algoma
Boulevard Historic District and is situated among numerous historic homes and other cultural /institutional
uses such as the Oshkosh Public Museum, Martin Luther Evangelical Church and Hikers Monument &
Paine Conservancy.
Property History and Background:
The Paine mansion/estate was constructed in the 1930s and established as a museum for the public in the
late 1940s. It was called the Paine Art Center and Arboretum, with "arboretum" referring to the series of
display gardens. For the past 60 years the estate has been used as an art center and museum featuring
various exhibitions, as an arboretum with numerous garden areas for enjoyment and education and as a
community center with use of the buildings and grounds for educational, public and private group
gathering purposes.
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Existing Land Use Zonin
Institutional — Art Center & Gardens R -1C
!nt Land Use and "Zonin
Existin ' Uses Zonin
North Institutional — Church & Sin g le- Family Home R -1C
.............................................................. .............................. . .................... _.................................................................................................................. ...............................
Green Space & Single - Family Homes R -1C
South (across Congress . St)
..... . . . . . . . . . . . . ... . . . . . . . .
East . _ Sing.le . Family Homes (across Elmwood Ave) R -2
........... ... ........ ................... ................. ............ ........... ......
Institutional —Public Museum, Green Space & Single- R -1C & R -2
West Family Homes (across Algoma Blvd)
Compr �.,...�: —VI.—
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Land Use Recommendation Land Use
10 Year Land Use Recommendation Public & Institutional
20 Year Land Use Recommendation Public & Institutional
ANALYSIS
Use
This request involves the issuance of a Conditional Use Permit for the property's existing legal
nonconforming use as an art center, museum and community center and the approval of a Development
Plan for the facility and grounds as improved as well as the addition of a drop -off area, expansion to the
carriage house, addition of a garden garage, expansion of the botanical gardens, the placement of event
facilities and event banners. The petitioner has indicated that the request is coming forward as the Paine
currently wishes to bring the carriage house up to current fire safety and handicapped accessibility codes
by adding an elevator, handicapped accessible restrooms, emergency exits, sprinklers as well as to add a
multi - purpose space for meetings, classes, activities and Paine staff office use. In 2008 the Paine acquired
an adjoining residential property at 1421 Elmwood Avenue, which is proposed to be incorporated into the
existing Paine property and transformed into new formal garden space. Additionally, two areas to be used
for garden tours and outdoor event programs are proposed to become the occasional location for a
temporary /removable canopy and tent structures.
The proposed Conditional Use request is consistent with the Comprehensive Plan in that promotes several
of the goals as listed in the Cultural Resources Element of the Plan including:
• Goal A: Promotion of the on -going viability of publicly and privately owned cultural resources;
• Goal B: Creation of strong and vibrant cultural tourism; and
• Goal C: Promotion of cultural events and sites within the city.
z
Item —1410 algoma blvd CUP /PD
Requested Improvements
As the site is and has been operating as a quasi- institution with grounds developed and evolving for the
past 60 years, staff proposes that this development plan approval request include all improvements
currently on -site and that the staff report shall focus on the requested additions, alterations and expansions
to the existing physical condition.
The new development included within the planned development review request includes five proposed
alterations to the existing art center, museum and community center facility: 1) formalization of the
Algoma Boulevard drop -off area; 2) addition to the carriage house; 3) new garden garage and expansion
of the botanical garden; 4) designation outdoor event facilities; 5) placement of event banners on the
mansion.
Drop -off
Vehicular access to the facility and internal gardens is currently provided by two existing 15 foot wide
drives, one on Algoma Boulevard leading to the mansion and the other on Congress Avenue leading to
the carriage house. The applicant is proposing to add a formal drop -off area at the mansion entrance off
the Algoma Boulevard entrance. It is proposed to consist of a 47 foot diameter circle drive containing a
12 foot drive lane, raised center and 5 foot walk. The existing asphalt drive will be replaced with the
concrete and pavers.
Staff believes this type of entrance and drop -off area is not only suitable and appropriate for the site's use
but will improve access and functionality of the mansion's main entrance, providing a safer drop -off
facility and greatly improving access for handicapped and elderly visitors to the art center, museum and
community center. Although a raised center is depicted on the submitted plans, staff would like to be
certain it is clearly identifiable when constructed and recommends that it is visually distinct from the drive
itself through the use of alternate materials or coloring.
Carriage House
The existing carriage house is located along the Congress Avenue right -of -way approximately 85 feet
from the intersection of Congress Avenue and Elmwood Avenue. It is currently a 28 foot tall two -story
stucco and timber structure with a building footprint of approximately 1,600 square feet. It currently
contains a community center room and office space. The applicant proposes to expand the carriage house
to the east 36 feet adding a 22 foot high single -story addition with approximately 1,300 square feet of
footprint. The use of the structure would not change but the existing structure would be renovated in
coordination with the expansion to improve handicap accessibility, safety and fire protection and to add
functionality. The addition will compliment the existing structure in style and will use similar materials
such as the stucco finish and wood and glass doorways and windows but will also include distinct features
including the use of stone knee wall /base iron railing, wood and steel trellis and standing seam metal
roofing.
Staff believes the addition is not excessive in size or scale and is proposed to be designed in such a way
that it will compliment the existing carriage house and grounds while still being an entity in itself. The
amenities and improvements included in the addition and renovation will help to provide greater
accessibility to not only the programs run within but also to employees and visitors to the establishment
while increasing safety and function.
Item —141 0 algoma blvd CUP /PD
Garden Garage/Botanical Gardens
As mentioned, the property located at 1421 Elmwood Avenue has been purchased by the applicant who
proposes to remove the structures from the site and expand and enhance the landscaping and gardens
along Elmwood Avenue by including vegetation, gazebos, and trellises. The expansion area is proposed
to be enclosed with a 12 foot tall masonry wall resembling the existing walls surrounding the Paine
property.
The new garden garage is proposed to be located approximately 15 feet from the north property line and is
a single -story brick structure with an approximately 1,500 square foot footprint. It is to be used as
accessory to the gardens for the storage of garden maintenance equipment and supplies. The garden
garage will be accessed by a new work area and an existing 10 foot wide concrete driveway (formerly
used by the home) from Elmwood Avenue. The drive and front of the building will be visually screened
by a 7 foot tall solid fence and the rear of the building will be within the area enclosed by the 7 foot tall
concrete and stucco wall.
Staff views the proposed garden expansion and addition of the garden garage as a logical expansion to the
existing function of the gardens and thinks the improvements are keeping with the character of the
institution and will not have any detrimental effects to the facility or the neighborhood.
Outdoor Event Facilities
The application includes the designation of two outdoor event facilities consisting of a 40 foot diameter
canopy at the northwest corner of the site and a 2,400 square foot tent near the carriage house at the
southeast corner of the site.
The circular canopy is proposed to be a temporary canopy structure that has been used in the past for sun
shade and rain shelter for garden tours, educational sessions, small group gatherings and other
miscellaneous programs. The canopy and canopy area has also been used in inclement weather for
rehearsal /staging, photography and wedding ceremonies. Staff has received calls and comments from the
property owner of 1428 Algoma Boulevard, whose rear property line abuts the Paine at this location. The
property owner has included a letter of objection to the use of the Paine grounds for outdoor weddings
and other events as the number of visitors are excessive and intrusive and that "such usage is, in my view,
excessive and its intensity threatens to change the nature of the neighborhood in general, and my
residence in particular" (a copy of the discussed letter and a copy of the Paine's response are included
with your materials). Staff paid particular attention to this area during site visitation and observed that the
entire rear lot line of the adjoining property is separated from the Paine grounds by a 7 foot high masonry
wall as well as considerable amount of landscaping. Though these improvements are substantial in terms
of buffer, staff acknowledges that the abutting property owners concerns in regard to possible disruptive
elements of previous, existing and future outdoor activities and events held by the Paine are of concern
and therefore recommends that additional efforts are put in place to alleviate or reduce perceived issues.
Staff suggests that conditions of approval of the CUP /PD include that rental events under the circular
garden/canopy outdoor event facility or any area within 100 ft. of 1428 Algoma Boulevard's rear property
line be concluded by 10:00 p.m, that beer /wine are not served, and that no amplification equipment is
utilized in that area as part of event or program. Additionally, staff recommends that evergreen
landscaping, specifically chosen as a sound deterrent, be installed along the rear property line of 1428
Item —1410 algoma blvd CUP /PD
Algoma Boulevard. In these ways, it is hoped that a greater level of harmony can be achieved between
the neighboring properties.
The temporary tent location on the Elmwood Avenue frontage is proposed to be used as the canopy and is
similarly located behind a masonry wall with varying heights from 9 to 12 feet. It is strategically located
near the Carriage house and is larger to afford shade and inclement weather protection for outdoor
gatherings. Staff does not see any issue with this use at this location as it is heavily buffered from
neighbors by not only the Paine's landscaping and wall but by Congress and Elmwood right -of -ways and
therefore does not feel the limitations suggested for the canopy area are necessary at this location.
Event Banners
Advertising in the form of signage for this site is problematic as the site is residentially zoned, which is
extremely prohibitive, especially for these unique types of institutional uses. The applicant is therefore
requesting a base standard modification to allow the placement of 20 by 20 foot banner signs on the
existing main structure of the mansion on the Algoma Boulevard fagade adjacent the proposed drop -off
area and main entrance to be lit by up lighting. The banners have been used in the past to promote events
held at the Paine and examples of past banners are included within your materials. Staff understands the
issues involved with signage for institutional uses within residential districts, which is similar to that of
schools, churches and government uses. Staff does not see the banner negatively impacting surrounding
land uses but wants to clarify that if approved, the banners should be limited to advertising events only
held within the Paine facility and grounds.
RECOMMENDATION /CONDITIONS
The Department of Community Development believes that the proposed CUP /PD request, with
conditions, meets the standards as set forth in Section 30 -11: Conditional Use Permits as well as Section
30 -33: Planned Developments and not have a negative impact on surrounding lands, will be harmonious
with the intended character of the general vicinity, and will not be detrimental to neighboring property or
the community as a whole.
The Department of Community Development recommends approval of the conditional use
permit /development plan as proposed with the following conditions:
1) Planned Development Overlay District is applied to the site.
2) Base standard modifications necessary and as depicted within the development plan proposal.
3) The raised center of the drop -off area is visually distinct from the drive and walk through the use
of alternate materials or coloring.
4) Additional evergreen landscaping, specifically chosen as a sound deterrent, is installed along the
rear property line of 1428 Algoma Boulevard.
5) Rental events under the circular garden/canopy outdoor event facility and any area within 100 ft.
of 1428 Algoma Boulevard's rear property line must conclude by 10:00 p.m, may not serve
beer /wine, and may not contain amplification equipment as part of event or program.
6) Building banners are limited to events held within the Paine facility and grounds.
The Plan Commission approved of the conditional use permit /development plan as requested with
conditions noted. The following is the Plan Commission's discussion on this item.
Item —1410 algoma blvd CUP /PD
The petitioner requests approval of a Conditional Use Permit /Development Plan approval to remove the
legal nonconforming structure status of the Paine Art facility as well as to obtain a Conditional Use
Permit for the existing uses on -site. The request also includes approval of the existing facility as well as
the improvement of a drop -off area, expansion to the carriage house, addition of a garden garage,
expansion of the botanical gardens, the placement of event facilities and event banners.
Mr. Buck presented both items together and reviewed the site and surrounding area and the current uses in
said area. He commented that the Paine Art Center has operated at this site for approximately 60 years
and the use is consistent with the Comprehensive Plan. He reviewed the history of the Paine and
reviewed the proposed expansion project. This entails reconstructing the drop -off area to create a circle
drive with a raised center; an addition and renovation of the Carriage House to improve handicap
accessibility, safety and fire protection and to add functionality; the addition of a garden garage for
storage of equipment and supplies and expansion of the botanical gardens in an area where the home at
1421 Elmwood Avenue was purchased; an outdoor event facility canopy at the northwest corner of the
site and a tent at the southeast corner of the property; and 20 foot by 20 foot event banners to be allowed
on the Algoma Boulevard fagade of the mansion. He reviewed the elevations for the addition to the
Carriage House and the location of the proposed temporary canopy and tent for outdoor events. He
commented that the neighbor at 1428 Algoma Boulevard has both called and submitted written
commentary, which was included in the Plan Commission packet, objecting to the wedding use at the site
which he feels is excessive. He also reviewed photographs of the site and the proposed canopy as well as
photographs taken from the neighboring property's rear yard at 1428 Algoma Boulevard. He pointed out
the 7 foot high stone wall separating the properties as well as extensive vegetation and stated that it
appeared to have adequate visual blockage of the adjacent property but he did acknowledge the
neighbor's concerns with perceived disturbances from activities at the Paine. He reviewed the area where
the outdoor event tent would be located which would be similar to the uses of the canopy and stated that
sufficient buffering as well as street right -of -way should be adequate for any outdoor events held there.
He also commented about the base standard modification requested for event banners as the Paine is
located in a residential district which does not allow for signage, but the conditions should permit banners
limited to events held at the Paine only. He reviewed the conditions suggested to be placed on the
request.
Mr. Bowen questioned what the distance was between the outdoor canopy area and the property line at
1428 Algoma Boulevard.
Mr. Buck responded that is was approximately 60 -80 feet.
Mr. Thorns inquired what was nonconforming about the existing site with the R -1C zoning classification.
Mr. Buck replied that many of the setbacks on the site were not adequate, the 7 -12 foot walls surrounding
the property were taller than allowed, the Carriage House was constructed too close to the property line,
there were three driveway accesses where only two were permitted, setbacks for the garden garage were
inadequate, and the use itself is legal nonconforming.
Mr. Thoms asked if no additions to the site would be allowed without the approval of the CUP /PD.
Mr. Buck responded affirmatively.
Mr. Thorns commented that we had recently changed zoning classifications in other areas of the city to
make legal nonconforming uses conforming.
Item —1410 algoma blvd CUP /PD
Mr. Buck stated that the City had been attempting to address the rezoning of areas that had inappropriate
classifications as structures and uses were established there prior to the zoning district being established.
Mr. Thorns then inquired if changes needed and activities functioning on the site had been discussed with
the Police and Transit Departments.
Mr. Buck responded that the request had been discussed at the inter - departmental meeting and Police,
Fire, or Transit Departments had no concerns with the issue. He further commented that the use on the
site is not changing; physical changes to the site were the only proposed alterations from its current use.
Mr. Thorns questioned if considering the relationship with the neighbor at 1428 Algoma Boulevard, was
an to increase the height of the wall in that area discussed.
Mr. Buck replied that the 7 -foot wall was already higher than code permits and that the structure next
door is three stories tall so an additional foot or two of wall would not completely block the view from the
adjacent property. The additional evergreen landscaping recommended in the conditions should provide
an adequate visual and sound buffer.
Mr. Hinz questioned what the City's position was on all the legal issues raised by the neighbor.
Mr. Buck responded that the City's position on the site's legal nonconforming use was that it is
considered a "grandfathered" use, and without the request for physical expansion requiring the CUP /PD
request, operations could continue on the site as they have in the past.
Mr. Hinz stated that we have to consider community impact and questioned if John Kelly's claims of
nuisance and consumption of alcohol off premises was valid.
Mr. Buck replied that the Police Department was able to verify that there were approximately six different
calls in the area, (noise, traffic, and others), but that they could not necessarily relate them to the Paine.
There were no excessive police calls in the neighborhood according to the Police Department.
Mr. Hinz inquired if parking for the site was adequate.
Mr. Buck responded that the Paine had a parking lot a block away and also utilized the legal parking on
the streets surrounding the site. The proposed expansion of the carriage house should not impact the
parking issues as the use on the site was not changing or expanding.
Mr. Borsuk questioned if something significant would happen to the Carriage House without the approval
of the planned development, could the structure be repaired.
Mr. Buck replied that it would depend on the amount of damage to the structure. If it would be greater
than 50% of structural damage, it could not be rebuilt.
Aaron Sherer, Executive Director of the Paine Art Center and Gardens, 1410 Algoma Boulevard, stated
that the Commission had already received a great deal of information on the subject including letters from
both Mr. Kelly and himself and he was present to answer any questions from Commissioners. He further
stated that he reviewed the conditions with the Board Members for the Paine and found them to be both
Item —141 0 algoma blvd CUP /PD
appropriate and acceptable and that they are committed to being a good neighbor and to make their
grounds and buildings safe.
Mr. Fojtik inquired if the Paine has a plan for dealing with issues such as parking, noise, and garbage.
Mr. Sherer responded that they could possibly add a parking lot however people tend to park on the street
first. He further stated that they would need to have a meeting with neighbors of the site for input on the
issue as most neighbors do not seem supportive of adding more asphalt surfaces in the neighborhood.
Mr. Thorns asked if the wall could be extended upward around the property at 1428 Algoma Boulevard.
Mr. Sherer replied that the new walls varied from 9 -12 feet and it would be possible to extend the walls
along that property line however it has not been pursued since the neighbor would not allow the Paine
access onto their property for repairs to the wall on a previous occasion.
Mr. Thorns stated that extending the wall would be a quicker solution than planting additional
landscaping. He then asked if any disturbances had been reported to the Police Department relating to
activities at the Paine.
Mr. Sherer responded that there was one complaint this summer and one last summer however no report
was generated as there was not sufficient evidence of a disturbance to generate a formal report.
Mr. Hinz commented that with the close proximity of the neighbor, was there anything being done to find
a common ground or any solution to the situation.
Mr. Sherer replied that Mr. Kelly was in the process of suing the Paine and that their perspective was that
they were sensitive to neighbors surrounding their site. He further stated that the Paine has never had
weddings under the canopy area and that those events are held in the oval area which is further away from
Mr. Kelly's property and that no amplification equipment was ever used under the canopy.
Dennis Woerpel, 1413 Congress Avenue, stated that he has lived across the street from the Carriage
House for 25 years and he has not witnessed any issues such as drinking in the street or noise. He stated
that occasionally music could be heard but it was not loud or annoying and that parking is allowed on the
street and he has not witnessed any issues with that either. From his perspective, traffic has not changed
regardless of activities being held at the Paine. The Paine has been very interested in neighbor's input in
recent years and concerned with neighboring properties.
Mr. Buck stated that a letter and email were received from Martin Luther Evangelical Church, 1526
Algoma Boulevard, which he proceeded to read which stated that they had reviewed the plans for the
Paine and although they could not be present for the meeting today, they were in complete support of the
project. He also read an email from the First Congregational Church stating that there were very few
alternative venues comparable to the Paine for wedding ceremonies and that the staff was careful and
competent and they would like to see its continued use for private events.
Stephen Hintz, 1361 Washington Avenue, stated that he contributes periodically to the Paine and feels
that we need to seek a balance between public benefit and private desires as that is part of living in a
neighborhood with public buildings. He further stated that he has lived near Menominee Park for 35
years and Sawdust Days can be considered a disturbance however it is held for public benefit. The bands
Item —1410 algoma blvd CUP /PD
and parking can also be a problem during events. The Paine has tremendous public benefit to our
community and he felt it should be supported.
Brad Larsen, Director of the Oshkosh Public Museum, 1331 Algoma Boulevard, stated that no museum
can stay static and that the small changes that the Paine are requesting are necessary and will increase the
Paine's ability to serve visitors.
Christy Wells, 1423 Congress Avenue, stated that she lives across the street from the entrance to the
Carriage House and enjoys the cultural resource of the Paine. She further stated that she does not see
parking as a problem and understands that occasionally there may be some noise however she has never
considered it to be problematic. She enjoys the community resource that the Paine represents in the
community.
Beverly Smerling, 1402 Elmwood Avenue, stated that she has lived there for 40 years and reviewed the
planned improvements and thinks they are great. She further stated that the Paine is a gem of a museum
and traffic could be expected to be heavy during events but parking was adequate in the neighborhood to
accommodate it. She commented that she even tries to do her yard work during the morning hours as not
to disturb events at the Paine. She asked that people please support this request.
Peter Gillespie, 1435 Congress Avenue, stated that he has lived at his residence for 19 years and would
like to go on record in support of the Paine's request. He further stated that he has no knowledge of any
issues with drinking in the neighborhood and that occasionally music can be heard but it is not loud
enough to be disturbing. Parking has not been a problem and he feels that the Paine has been a great
neighbor. He was in support of approving the requests for the Paine as it would help improve the
property as well as a benefit to the community.
Brian Wogernese, 1103 Washington Avenue, stated that he has lived here for five years and owns several
hotels in the city and the Paine attracts people to the community for events held there which impacts
businesses such as hotels, restaurants, etc. who benefit from the revenues spent in the community. He
supports the Paine's requests for improvements.
John Kelly, 1428 Algoma Boulevard, stated that he would like to address all the comments made so far by
the other parties present and he largely agrees with the other neighbors that the Paine is a lovely property.
He further stated that there was no wedding chapel on the site years ago and the other neighbors are not
located in the same area as his home. The former director of the Paine did not allow weddings on site and
those events did not commence until the 1990's. There were 95 events in 2007 and extending the height
of the wall would not resolve the noise issues in his opinion. He felt the proposed banners were in excess
of what is allowed in a residential area and should not be permitted. The use changes dramatically in
summer months due to the wedding events as there are five or six ceremonies on a single Saturday. The
traffic is loud and the intensity of use is unreasonable and excessive. He gave an example of another legal
action in his submission that he felt was comparable to this issue and stated that the Paine cannot legally
be allowed to have an extension or expansion of the nonconforming use on the property. He further
commented that he did not know what the community center function on the site was but he had no
objection to it if it involved only the Carriage House which is not located near his property. He has
brought suit against the Paine, which is pending, and if the wedding events would be ceased, the suit
would be dropped. He also wanted any amplification of sound on the site ceased and he felt the event
banners proposed were too busy and would look cheap. He asked that the Plan Commission reject the
application from the Paine. The Art Center and Arboretum are not objectionable but the property should
Item —1410 algoma blvd CUP /PD
be restored to what it used to be prior to the wedding event practice. Previously they did not even allow
wedding photography on the site and discussed the sources of revenue the Paine has and how much was
incoming from the various events held there. He felt that the Paine should be funded by the patrons who
support the facility and not the private events held on the site. He also reviewed the Paine's investments
and felt that the additional revenue received from private events was not necessary. He stated that
restrictions should be placed on the facility to disallow any weddings or parties on the site. He also
commented that no one from the Paine discussed the use of the wedding area with his family prior to
commencing these activities and he felt it was their responsibility to initiate a dialogue with him regarding
the matter. In his opinion, alcohol should be prohibited on the grounds and he was disappointed with the
staff of the Planning Services office as far as the position they have taken on the matter. Additional
landscaping or raising the height of the wall would not do anything to resolve the matter nor will the
condition to prohibit the serving of alcohol within 100 feet of his property or not allowing amplification
equipment as part of the event. He reviewed all the conditions staff recommended for this request and
does not find them to be acceptable. The Paine does not comply with the standards placed on a
conditional use permit and the planned development request is not acceptable either.
Mr. Bowen questioned how close the canopy was to his property as it looks to be about 60 feet from the
property line.
Mr. Kelly responded that it was 60 -70 feet.
Mr. McHugh inquired how the size of the proposed banners conforms to the ordinance.
Mr. Buck replied that no wall signage is allowed in a residential area and 10 -30% of the building's fagade
is allowable in commercial districts.
Mr. McHugh then questioned if the banners would conform in a business district.
Mr. Buck stated that he was not sure but that they probably would be too large.
Mr. Hinz asked how the decision on the request today would affect the pending lawsuit.
Mr. Kelly stated that if the weddings /parties were abolished, the lawsuit would be dropped.
Mr. Hinz then asked if the activities could continue on the site if the request was not approved today.
Mr. Buck responded that the current uses could continue even if the requests were not approved.
Mr. Kelly disagreed.
Mr. Borsuk suggested that the items be voted on as separate issues.
Mr. Nollenberger agreed.
Motion by Nollenberger to approve the zone change from R -1 C Single Family Central Residence
District to R -1 C PD Single Family Central Residence District with a Planned Development
Overlay as requested.
Seconded by Bowen.
Item —1410 algoma blvd CUP /PD 10
Kristy Bradish, President of the Paine Art Center Board of Directors, 1219 Bayshore Drive, stated that the
Paine was an important community resource which draws hundreds of people in the community to the site
and attracts people to the city from other areas as well. The Paine operates without city funding and the
expansion will create local jobs. She further stated that the Paine is a quality organization and the outdoor
wedding events have been held at the site since 1981 and the Paine has records that support this claim.
Indoor wedding ceremonies were not allowed at the facility. The Paine does not have five to six wedding
events daily on Saturdays and four ceremonies in a day are rare. The normal number of wedding events
would be two to three and all events are approximately 30 minutes long and completed by 7:00 pm. Any
music is monitored and kept within 50 decimals. She reviewed the Paine's finances and commented that
Mr. Kelly has not been contacted regarding the proposed expansion plans as he is suing the organization
and they have been discouraged to contact him by counsel because of the pending litigation issue. She
felt the proposed plan will help the Paine to be a better neighbor.
George Curtis, Pickett, Wisconsin, stated that he was present as Mr. Kelly was a friend and client of his
and that Mr. Kelly has made efforts to work things out with the Paine. Mr. Bermingham was contacted
before the lawsuit was filed and pre -suit mediation was suggested however the Paine was not interested in
participating. He further stated that the Paine has to follow the laws for a nonconforming use and the gift
from the Paine family was for an art museum and arboretum and was meant for quiet enjoyment. Over
the last 15 years, the Paine has violated the gift by using the site for private events. When the zoning was
established, the pre- existing nonconforming use is protected however expansion of the use is not allowed
and such expansion makes the prior legal nonconforming use now illegal. The noise from weddings
events and other private parties was not present previously and he also cited a case in Mr. Kelly's
submission that he felt was similar to this issue. He also commented that we need to recognize that the
Paine is a special place and is privileged to be in a residential area but this privilege could be revoked with
this unlawful expansion of use. The Paine is not a good neighbor in his opinion.
Mr. Fojtik left at 5:30 pm. Ms. Propp took over the role as Commission chair.
Mr. Thorns questioned how the zone change would impact the site.
Mr. Buck responded that the Plan Commission only makes a recommendation to the Common Council
and does not have the ability to approve the zone change but the planned development request cannot be
approved without first approving the zone change.
Mr. Thorns then questioned if the zone change would allow the legal nonconforming use to be
conforming.
Mr. Buck responded affirmatively and stated that the zone change would allow the use and the planned
development would allow the proposed improvements to the site.
Mr. Thorns stated that the zone change request would not change the underlying zoning for the parcel and
the planned development will correct the nonconforming issues which have been done in the past for
other parcels that were developed prior to the zoning classifications being established.
Mr. Buck added that the planned development would correct dimensional nonconforming issues on the
site.
Item —1410 algoma blvd CUP /PD 11
Ms. Lohry commented that she lived at 1408 Elmwood Avenue by the Paine for 23 years from 1974
through 1996 and has personal knowledge that the Paine allowed at least wedding photographs taken on
site at that time. She further stated that the Paine was a delightful place and she did not feel that three
weddings a day were a horrible or unreasonable practice.
Mr. Borsuk stated that if there is adverse change to the facility the zone change would allow the Paine to
rebuild the structure and he felt we need to maintain this facility.
Mr. McHugh inquired how confident the staff was that the City was correct in the position they have
taken on the matter.
Mr. Buck responded that we are positively confident in our recommendation.
Mr. Thorns commented that this was not spot zoning and that the Plan Commission has addressed other
issues similar to this one in the past and the use was consistent with the Comprehensive Plan.
Motion carried 9 -0.
Ms. Lohry commented that as far as the banners being permitted, the location is on US Highway 45 which
is a busy and well traveled road and she felt the banners were tasteful. She also stated that the music used
on the site for events was enjoyable and not too loud or annoying.
Motion by Nollenberger to approve the conditional use permit /development plan review for the
use and development plan of the Paine Art Center and Gardens Museum, Art Center, and
Community Center at 1410 Algoma Boulevard as requested with the following conditions:
1) Planned Development Overlay District is applied to the site.
2) Base standard modifications necessary and as depicted within the development plan proposal.
3) The raised center of the drop -off area is visually distinct from the drive and walk through the use
of alternate materials or coloring.
4) Additional evergreen landscaping, specifically chosen as a sound deterrent, is installed along the
rear property line of 1428 Algoma Boulevard.
S) Rental events under the circular garden/canopy outdoor event facility and any area within 100 ft.
of 1428 Algoma Boulevard's rear property line must conclude by 10:00 p. m, may not serve
beer /wine, and may not contain amplification equipment as part of event or program.
6) Building banners are limited to events held within the Paine facility and grounds.
Seconded by Bowen.
Item —1410 algoma blvd CUP /PD 12
EXCERPT FROM LANDMARKS COMMISSION MINUTES
JANUARY 13, 2010
PAINE ART AND GARDEN CENTER PLAN REVIEW
Mr. Buck explained the rezoning request, Conditional Use (CUP) and Plan Development
(PD) process the Paine Art and Garden Center is going through and that they went before
and received a positive recommendation from the Plan Commission at the December
15th, 2009 meeting. The rezoning action had a public hearing before the Common
Council on January 12 2010 and the CUP /PD will be reviewed at the January 26 2010
Council Meeting.
Mr. Aaron Sherer, Director of the Paine, stated that a master plan for the Art and Garden
Center was developed in the late 1990's mainly to address handicap access but also to
address historic preservation issues and the recommendations of the plans were
completed between 2003 and 2005. In 2005 a new master plan was started that included
a need to update the carriage house and other areas of the property for further handicap
access improvements. Ms. Mattox inquired if they had considered using historic building
codes as a way to address required handicap improvements and also if they have been
working with the state Historical Society. Mr. Sherer responded that they are working
with an architectural firm out of Chicago who are well known for historic preservation
and consideration was given to wholesale vs selective changes to the carriage house.
Mr. Sherer presented a PowerPoint presentation outlining the proposed changes to the
property including the removal of a home and the expansion of the Art and Garden
Center. Mr. Arnold asked if the home would be raised or relocated. Mr. Sherer
responded that that decision has not been finalized at this time but the proliferation of
overhead power lines would make moving it difficult. He further stated that salvaging
the home was an option they will be looking at as well. The presentation then focused on
the carriage house addition, temporary outdoor gathering places, handicap accessibility to
the overall property, and the changes to the garden area. Ms. Mattox inquired if any
gardens were historic. Mr. Sherer stated that they are not and that the property
completion was incremental with ever - changing vegetation. Mr. Sherer described the
details of the carriage house renovation and addition and introduced Ms. Susan
Hirschberg, Paine Art & Garden Center Board Member. Ms. Hirschberg described the
use of the National Park Service Guidelines in relationship of the architectural style of the
addition to the existing site and that many elements are included on the Paine property
without being a duplication or replication. Mr. Clark stated that he felt the addition was
adding — not subtracting from the historic feel of the building. Ms. Hirschberg added that
there will not be an invasion of the existing structure so if it is ever desired to remove the
addition; it would not affect the existing structure. Ms. Mattox inquired about the look of
the Congress Street facade, to which Mr. Sherer confirmed will match the existing
exterior while "receding" from the street to permit the two -story carriage house to be the
dominant feature. Mr. Clark asked about the elevator clearance above the cab and how
i
that is to be addressed. Ms. Hirschberg stated that the override is factored into the attic
space on the addition. Ms. Mattox asked if the roof would be metal and Mr. Sherer stated
that they would like to use copper like the roof of the main gallery of the mansion thereby
relating the two structures. Mr. Clark stated copper with patina would be appropriate.
Mr. Clark asked what the timeline for improvements would be. Mr. Sherer stated that
they hope to break ground in late 2010 so as not to interrupt the garden season with
interior work taking place over the winter. The carriage house remodel and addition will
be completed in 2011.
Mr. Arnold stated that the property is on the National Register of Historic Places and
asked if the plans had gone before the state or federal review. Mr. Sherer stated they are
not required to go before the Historical Society's as they have never received funding,
however the firm chosen to complete the work is well aware of historic preservation
methods and would not make changes to remove the designation. Mr. Buck stated that
the Landmarks Commission can request that the Paine submit plans to state and federal
agencies for review and comment if they choose. Ms. Mattox stated she felt the changes
will keep the integrity of the site and structure intact but wondered why they have not
sought funding through those agencies? Ms. Schmuhl agreed that the changes were not
overly extensive and did not have a drastic impact on the current conditions on -site. Mr.
Sherer said he has not seen any applicable grants and pointed out that the Paine only has
state significance, not national.
Ms. Mattox motioned to recommend approval of the plans as presented and requested
that Mr. Clark be present at the Common Council. Ms. Schmuhl seconded the motion,
which passed unanimously.
0
City of Oshkosh Application
�► Eq Planned Development Review
OfHKOfH Conditional Use Permit Review
ON THE WATER
" *PLEASE TYPE OR PRINT USING BLACK INK **
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Petitioner's Address: _City: �� State: �/[_ Zip: 1d
Telephone #: (q Z3 �� Fax: (`�l0 � �d !� Other Contact # or Email: Aq /'Ol1 Pe T� /�e
Status of Petitioner (Please Check): X owner XRepr ve ❑ Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s): Date // 23 0
Owner(s) A dress: City: 45�Iit State: W/ Zip: ;7/7.0/
Telephone #: (p 7 ; Fax: (920) Z_7C-636 f Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership (Corporation
Property Owner Consent: (required)
By signature hereon, I /We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Services DivV'oh for incomplete submissions or other administrative reasons.
Property Owner's Signature:
SITE INFORMATION
Address/Location of Proposed Project:
Proposed Project Type:
Current Use of Property:
Land Uses Surrounding Site:
West:
Date: ►/ 2 0
;t:�
"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 - REFUNDABLE
For more information please the City's website at www.ei.oshkosh.wi.us/ Community_Development /Planning.htm
Staf Date Rec i
d /�
Date: 812 - F169
r 6 yp00 0
arcel No. 1200 X U 000
East:
Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
No .
2. Pedestrian and vehl6ular circulation and safety.
W 1
3. Noise, air, water, or other forms of environmental pollution.
A
4. The demand for and availability of public services and facilities.
5. Character and future development of area a4 C ^� 7 t441�
0; tl J 6tjLo. A
SUBMITTA EOUIREMENTS —Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
X51 Existing and proposed use of the property
,K Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project
Projected number of residents, employees, and/or daily customers
;e( Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the
nearest one - hundredth of an acre
;K Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
)4 Compatibility of the proposed use with adjacent and other properties in the area.
Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.)
Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the
community as a whole
➢ A complete SITE PLAN and BUILDING ELEVATIONS must include:
Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations
�i Two (2) 8 %x" x 11 (minimum) to 11" x 1T' (maximum) reduction of the site plan and building elevations
One compact disc or diskette with digital plans and drawings of the project in AuteGAP 2 0 format with fonts and plot style
table file (if plans have been prepared digitally) POF
,( Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's
engineers /surveyors/architects, or other design professionals used in the preparation of the plans
The date of the original plan and revision dates, if applicable
}8► A north arrow and graphic scale.
All property lines and existing and proposed right -of -way lines with dimensions clearly labeled
All required setback and offset lines
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios,
fences, walls, etc.
J Location of all outdoor storage and refuse disposal areas and the design and materials used for screening
❑ Location and dimension of all on -site parking (and off -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
❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan
, 9 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, etc.
P.L
NARRATIVE
Planned Development and Conditional Use Permit Application
Paine Art Center and Gardens
11/20/09
The Paine property at 1410 Algoma Blvd. is currently used as a museum, art center, and
community center. The use of the 1421 Elmwood Ave. property is currently single - family residential.
The Elmwood property is proposed to be incorporated into the Algoma property, and the combined
property will function under the conditional uses of museum, art center and community center.
Main House —The largest structure on the Paine property is maintained and operated as a
historic house museum and art center featuring period -style interiors, changing exhibitions, and
educational displays. The use of this structure will remain the same as it has since 1948.
Small Garage —This structure, near the main house, is used for storage of chairs and ladders.
Carriage House —The first floor of this structure is used as a community center for meetings,
educational programs, and events. The second floor is used as offices. The use of this structure will
remain the same, but the structure is proposed to be expanded and renovated to provide improved
handicapped accessibility, safety, and function.
Garden Building (existing) — This structure is used for storage of garden maintenance equipment
and supplies. The primary location for garden maintenance is proposed to be a new structure. The
existing structure would be used for storage of tables, chairs, and a tent.
Garden Garage (new) —This new structure is proposed to be used for storage of garden
maintenance equipment and supplies. The area surrounding the new building will have solid fencing
and will be used for garden maintenance activities.
Gardens —The Paine property is maintained as a botanical garden and features numerous
garden designs with extensive landscaping as well as historic architectural features, such as stone and
stucco walls, wrought -iron fencing, and stone balustrades. The gardens are planned to be expanded and
enhanced along Elmwood Ave. with the incorporation of the adjacent property. This area is proposed to
be enclosed with a solid wall that resembles the existing walls and columns of the Paine property.
The combined Algoma and Elmwood properties will be 3.78 acres (164,578 sq. ft). Existing
structures total approximately 40,000 sq. ft. of floor area. New structures will total approximately 3,000
sq. ft. of floor area. There is no public parking on the property with the exception of two courtesy
accessible parking spaces. All other parking is short -term for deliveries and service vehicles. A new
drop -off area near the public entrance of the main house will be approximately 2,500 sq. ft. The existing
asphalt driveway will be replaced with concrete, pavers, and /or similar materials.
There will be no adverse effects on adjoining properties. The Paine operates seven days a week
with daytime and evening activities as it has for the last 60 years.
The use of the property is consistent with other uses in the area. The Paine property adjoins a
church and school, and the Oshkosh Public Museum is across the street.
Traffic generation will be unchanged. Approximately 50,000 people visit the Paine property
each year with an average of 100 people on weekdays and 250 people on weekend -days.
The application includes designated sites for a temporary canopy and a temporary tent as well
as a site for displaying a temporary banner on the exterior of the Paine.
The Paine property is listed on the National Register of Historic Places, and all changes and
additions to the property will preserve and complement the historic character of the existing structures.
The proposed changes will improve accessibility and safety while also enhancing the property
for the benefit of the community and visitors.
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CUP /PD & REZONING
MURPHY JR. JOHN J
PAINE ART CENTER & GARDENS
PAINE ART CTR & GARDENS
1422 ELMWOOD AVE
ATTN AARON SHERER
1410 ALGOMA BLVD
OSHKOSH WI 54901
1410 ALGOMA BLVD
OSHKOSH WI 54901 7708
1421 ELMWOOD AV
PC: 12 -15 -09
MANKINI PAUL G /ULRIKE H
KAUFMAN KIRK J
MARTIN LUTHER EVANG CHURCH
1408 ELMWOOD AVE
1414 ELMWOOD AVE
1526 ALGOMA BLVD
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2721
RE 1512 ALGOMA BLVD
SMERLING ETAL JERRY
KELLY JOHN M
WINDLE JOHN L
1402 ELMWOOD AVE
1428 ALGOMA BLVD
1320 KENSINGTON AVE
OSHKOSH WI 54901 2734
OSHKOSH WI 54901 2719
OSHKOSH WI 54902 6245
RE 1324 ELMWOOD AV
GILLESPIE MR /MRS PETER J
WOERPEL DENNIS H
CITY OF OSHKOSH
1435 CONGRESS AVE
1413 CONGRESS AVE
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OSHKOSH WI 54901 2751
OSHKOSH WI 54901 2751
OSHKOSH 54903 1130
RE 1331 & 1401 ALGOMA BLVD
WELLS RICHARD H /CHRIST
1423 CONGRESS AVE
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RECE I VED
DEC 0 22009
John M. Kelly I COMMUNITY DEVELOP^ "Gnu`
December 2, 2009
Mr. David Buck
Department of Community Development
City of Oshkosh
215 Church
Oshkosh WI 54901
1428 Algoma Boulevard
Oshkosh, Wisconsin 54901
1- 920- 235 -7300
Re: Paine Art Center & Arboretum Applications
Dear Mr. Buck:
As you know, I own the property at 1428 Algoma Boulevard, Oshkosh,
immediately north of the Paine Art Center & Gardens, Inca (the "Paine "). I have
lived there with my wife, Teresa J. Kelly, and our children since 1983.
The Paine has recently applied for a Conditional Use Permit and for a rezoning of
its Single Family Residence classification to Single Family Residence - Plamied
Development.
As the City reviews these applications, a number of questions arise from the
Paine's application. First, is the "community center" use going to be limited only
to the Carriage House as is suggested by the Paine's narrative? If so, I have no
objection to that. If the "community center" designation is intended to extend to
the whole property, then I object. Second, does the Paine propose to continue to
use its gardens for outdoor wedding and party rentals? If so, I object to such
proposed use. If the Paine agrees to discontinue its outdoor wedding hall /party
rental use, then I don't object to a conditional use permit being granted with that
Page 1 of 6
-4l
express condition. Short of that condition, I must object to a blanket conditional
use permit for the reasons set forth below.
My home has been a single family residence since 1912 when it was built. The
Paine property has been used as an art center and arboretum since the late 1940s.
When the zoning code was enacted some years later, the Paine's property was
zoned single family residential. For its first 50 years, the Paine managed its art
museum quite nicely without creating a nuisance. Only in recent years has the
Paine adopted a policy of actively marketing the rental of its facilities (indoor and
outdoor) for weddings, parties and other events.
The Paine gardens and buildings are now available for rental by anyone who
wants it. The Paine applied for and was granted a license by the City of Osl
permitting it to provide alcoholic beverages to its paying guests. A few years ago,
the Paine installed a wedding reception area immediately adjacent to my rear lot
line, complete with a brick courtyard and 2 - 3 story tent. This area is used for
Friday night wedding rehearsals, Saturday weddings, wedding receptions and
other parties and is located within 100 feet of our patio. The noise resulting from
these activities has unreasonably interfered with and disturbed my use and
enjoyment of my property.
Some of the Paine's visitors and partiers have entered upon my property, have
parked in my driveway, have blocked my driveway entrance, have littered
throughout the neighborhood, have caused excessive traffic congestion and have
caused noise pollution that rises to the level of nuisance. According to its own
records, it had 39,308 visitors in 2008, an increase of 17% over its 33,596 visitors
in 2007. Its application estimates 50,000 annual visitors.
Since 2001, when the Paine rented out its facilities for 26 events, to 2008, when
the Paine had 95 rental events, it has steadily increased the auto and foot traffic
attending those events. According to the Paine, in 2008, 13,132 visitors attended
Page 2 of 6
�z
rental events.' Most of those visitors were there to attend Saturday weddings
between the months of April and October each year, at a time when my wife and I
would like to be enjoying our patio. During the summer months wedding goers
number between 500 and 1000 each Saturday. Lately, wedding rehearsals have
been taking place on Friday evenings. Until now, the Paine never bothered to get
a conditional use permit that might legitimize its wedding hall and party rental
business on its single family residential property.
When the Paine came into existence, no weddings were allowed on the property.
And, no weddings were allowed when we purchased our home 26 years ago.
Back in 1983, the Paine wouldn't even allow wedding photography to take place
on its grounds. Accordingly, the Paine has expanded its non - conforming use and
has been operating its new wedding hall and party rental use unlawfiilly over the
last ten years in the absence of a required conditional use permit:
The City Code, Sec. 30- 4(A)(1) and Wis. Stats. Sec. 62.23(7)(h) forbid the
expansion or extension of a non - conforming use. Now the Paine seeks a
conditional use permit which it needed ever since first unlawfully expanding and
extending the property's original use by renting it out for weddings and parties.
Granting the Paine's applications would amount to legitimizing the installation of
a huge, and ever expanding business enterprise in the middle of a residential
neighborhood. That is the very definition of bad planning in my view. Such usage
is, in my view, excessive and its intensity threatens to change the nature of the
neighborhood in general, and my residence in particular.
The City Code requires conditional use permit applicants to clear several hurdles.
Although it is unstated in the Paine's application, I presume the conditional use
permit being sought would purport to allow outdoor weddings and parties on a
rental basis. The Code provides that a conditional use permit shall not be approved
if the proposed use will have a negative effect on the general welfare of occupants
'Defendant's overuse of its premises is shown on the following chart, provided by the
Paine:
Year 2001 2002 2003 2004 2005 2006 2007 2008 2009
Events on Paine property 26 43 40 52 72 53 66 95 91
Page 3 of 6
33
of surrounding lands. As the occupant of the closest surrounding land, I can assure
you the adoption of the proposed conditional use permit, if it allows outdoor
weddings and party rentals, will have a negative effect on my general welfare.
The conditional use permit shall not be approved if the proposed use will be
inharmonious and inappropriate in appearance with the existing or intended
character of the general vicinity. This is a neighborhood of lovely old homes and
the Paine's three story wedding chapel tent (plainly visible from my backyard) is
both inharmonious and inappropriate in appearance. A conditional use pen
shall not be approved. if the use will change the essential character of the area. The
Paine seeks a green light to run a multi - million dollar business on a single family
residential parcel in the middle of a single family residential neighborhood. Such
business use cannot help but change the essential character of the area. A
conditional use permit shall not be approved if the use will be disturbing to the
existing neighboring uses. The last few years of the Paine's outdoor wedding hall
party /rental business has been extremely disturbing to this neighbor. A conditional
use permit shall not be approved if the use will be detrimental to the property in
the immediate vicinity. There is no doubt in my mind that the noise and traffic
created by the Paine's outdoor wedding hall/party rental business has negatively
affected the value of my property. And finally, a conditional use permit shall not
be approved i f the use will interfere with traffic on surrounding streets. Congress
Street during the busy "wedding season ", is a very dangerous place. Parking is
allowed on both sides of Congress and not all people park in an efficient manner.
Car doors are opened into oncoming traffic on a routine basis. In my view, the
Paine wedding hall /party business has created a very unsafe situation on Congress
Street. Simply put, the Paine's outdoor wedding hall /party rental business use fails
on every single score required by the Zoning Code before a conditional use permit
can be granted.
In addition to requesting a conditional use permit, the Paine also seeks to rezone
the property as a "Planned Development" overlay to its Single Family Residential
classification. In this instance, the Planned Development appears to be nothing
more than a code word for "business uses ". Oshkosh has long opposed spot zoning
that would permit businesses to invade residential neighborhoods. That tradition
should be upheld and this request should be denied. The Paine is well aware of
the adverse effect its outdoor wedding hall and party rental business activities
have had on my property. It seems to me that the Paine is attempting to facilitate
the expansion of its business activities under the guise of a "Planned
Page 4 of 6
34
Development ". That use undoubtedly will generate additional traffic and noise
which are already excessive.
Section 30 -33 of the Municipal Code relating to Planned Development Districts,
stresses that such Districts are to be "in accordance with good planning principles
while providing adequate safeguards to protect the community." According to the
Code, such districts favor designs which provide substantial buffers and
transitions between areas of different land uses and development densities, which
enhance the appearance. of developments and the surrounding area by conserving
areas of natural beauty and natural green space, which lessen con esg_tion on
streets, which promote architectural compatibility between adjacent structures,
which will positively contribute to the physical appearance and functional
arrangement of the land uses and buildings in the area, and which will buffer
differing types of land use and intensities of development from each other so as to
minimize any adverse impact which a new development may have on an existing
development. For the reasons outlined above, the Paine's request for a Planned
Development District in a single family residential neighborhood should be
rejected on all of these foregoing criteria. Granting the Paine's application would
essentially turn its property into a four acre business site that would no longer be
governed by single.family residential zoning requirements. The City is
empowered to require as a condition of approval any reasonable condition which
will promote the development consistent with the above principles. One such
condition would be to forbid the use of the Paine's property for outdoor wedding
and party rentals. I encourage you to recommend just such a condition to the
Planning Commission.
The Code goes on to provide that commercial uses in a residential district shall not
exceed 5% of the area of the Planned District. I would ask that this limitation be
stringently enforced. Moreover, the Code mandates the following review criteria:
Suitability of the site for the proposed development, compatibility of
the proposed development with adjacent and nearby existing
developments in terms of scale, mass, height, bulls, uses activities,
traffic design, structure placement, priva c , views and similar
concerns, and effective mitigation of any potential negative impacts
of the proposed development off the site.
Page 5 of 6
35
Again, for the reasons set forth above, I would ask that the staff recommend that
the proposed Planned Development District not be granted if it would allow
outdoor wedding and party rentals.
In short, granting these applications without limitations or conditions would
amount to bad planning and they should be denied as submitted. I do not oppose
the use of the Paine's property as a art center and as a arboretum as it was
originally operated after Mr. and Mrs. Paine's gift in 1948, as it operated in 1983
when I purchased our home, and as it was operated for many years thereafter.
What I do oppose is this thinly disguised attempt to legitimize a big, noisy
business operation with massive signs (which the applicant euphemistically calls
"temporary banners ") being conducted next door to my home, an operation that
will only get bigger and noisier with each passing year.
If the review staff is inclined to grant a conditional use permit, please reconunend
that the City specifically banish outdoor weddings and parties from the Paine's
gardens once and for all, and limit the Community Center use to the Paine's
Carriage House. Granting the applications without such limitations would give
this applicant carte blanche to run roughshod over my property rights. Thank you.
Very truly yours,
Jokui M. Kell
Page 6 of 6
36
December 8, 2009
Mr. David Buck -
Department of Community Development
City of Oshkosh
215 Church St.
Oshkosh, WI 54901
Dear Mr. Buck:
ART CENTER AND GARDENS
I am writing to provide additional information regarding the Paine's applications with the City of
Oshkosh and some of the issues raised by John M. Kelly in his letter to you dated Dec. 2, 2009.
The Paine is a vibrant cultural facility that offers a variety of programs and provides many services to
the community. The Paine is a private non - profit organization, and it receives no funding from the
City of Oshkosh or Winnebago County. The Paine is supported through a spectrum of sources, and
rental income is one key source of annual operating income.
Notably, the Paine has financial records showing that it charged for wedding rentals in 1981, 1982,
1983, and onward. (Mr. Kelly purchased his home in 1983.)
Most of the Paine's rental events are wedding ceremonies. Ceremonies last about 30 minutes and
happen during the daytime and early evening, concluding by 8:00 pm at the latest. Beer /wine and
food are never served as part of wedding ceremony rentals. During a typical Saturday throughout the
garden season about 200 -300 people attend wedding ceremonies at the Paine. (We have never had
500 or more people attend weddings on a single day at the Paine.)
While the Paine has a beer and wine permit, most events, including wedding ceremonies and
wedding rehearsals, do not involve serving beer or wine. Only three outdoor wedding receptions
where beer and wine were served have occurred in the last two years.
In 2008, the Paine hosted two outdoor wedding receptions, and in 2009, the Paine hosted one outdoor
wedding reception. These events were not held under the round canopy. They were held in a
separate tent over 200 ft. away from Mr. Kelly's property. These events concluded by 10:00 pm.
The Paine also collects a rental fee for wedding photography (16 times in 2009) and occasionally
hosts corporate and other private events, such as cocktail receptions and meetings (7 times in 2009;
only 2 of these were outdoor events).
The round canopy (which Mr. Kelly calls a 2 -3 story tent) is used as a sun shade and rain shelter for
garden tours and programs, such as school group visits and Arbor Day workshops for students. The
canopy is also used in inclement weather for wedding ceremonies (about half -a -dozen times a year).
The Paine has never held a wedding reception under the canopy. Beer /wine has never been served as
part of a wedding event of any kind under the canopy.
Paine Art Center and Gardens
1410 Algoma Boulevard, Oshkosh, Wisconsin 549
920 -235 -6903 www.thep2ine.org
37
While Mr. Kelly may be able to see the top of the canopy from his property, the garden area and the
activity within it is not visible from the Kelly patio, as the Paine property is bordered by a
concrete wall. The Paine's side of this architectural wall is also heavily landscaped, further
concealing the view and deflecting any noise from the grounds.
The weddings and wedding rehearsals are not noisy. Typical weddings use either acoustical live
instruments or amplified classical music commonly played at weddings. Noise levels do not exceed
ordinance limits. No other neighbor has complained about noise levels. (Mr. Kelly also complains
about the noise coming from the school playground on the other side of his property.)
The Paine is only aware of one occasion where a Paine visitor parked in Mr. Kelly's driveway, and
this is the only time that he has made a specific complaint to us about this occurring. In this
particular instance, it was a high school student from Omro who had come to the Paine for prom
photos. The Paine opens for free on the evenings of proms of high schools in Oshkosh and
surrounding communities so that the youth can have their pictures taken here. The Paine regrets the
one parking incident, and during events and activities we position a staff member to monitor Mr.
Kelly's driveway to help ensure that it doesn't happen again.
Littering has never been a problem in the neighborhood. The Paine is and has always been extremely
fastidious in maintaining the appearance of its property as well as assisting with the care of the City
property across the street (Hiker's Park). Activities at the Paine do not cause excessive traffic
congestion. Congress and Algoma are both heavily traveled streets.
As the Paine's application states, each year about 50,000 people visit the 1410 Algoma property --
the parcel that is included in the applications. In addition, each year about 20,000 people visit other
parcels (Paine property at the corners of Algoma/Congress, Elmwood/Congress, and High/Congress)
for activities such as our two annual outdoor fairs, to access our storage and education facility on
Elmwood, and to visit the Paine's Prairie Woodland on High. These separate parcels are not
included in the applications.
The Paine does not anticipate the number of visitors to the 1410 Algoma property or any other
properties to change significantly in relation to our proposed improvements. The Paine also does not
anticipate that rental attendance will change significantly.
The Paine is committed to being a vibrant community asset as well as a good neighbor. We strive to
be thoughtful in the planning and implementation of our activities to be sure they are not disruptive
to the neighborhood, and we will continue to do so.
I hope this information is helpful and clarifies the Paine's activities and intentions.
Sincerely,
aron She
Executive Director
Paine Art Center and Gardens
7410 Algoma Boulevard, Oshkosh, Wisconsin 549
92,0.a35.6903 www.thepaine.org