HomeMy WebLinkAbout10-88MARCH 23, 2010
10 -88 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AUTOMOBILE
SERVICE FACILITY AT 1023 NORTH MAIN STREET
INITIATED BY: MARK MAYER, PETITIONER
PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D)
and approved with conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for an automobile service facility, per the attached, is hereby
approved with the following conditions:
1) Vehicle services are limited to passenger cars and light trucks.
2) Protection of the sidewalk from vehicles parked along the sidewalks of North
Main Street and Prospect Avenue be provided by means of wheel stops.
3) Parking stalls be striped in accordance with the Off - Street Parking Code (Section
30- 36(E)(5)).
4) No storage of parts, equipment or junked vehicles outside of the building.
5) Driveway opening on Prospect Avenue be made code compliance in conjunction
with street reconstruction.
6) Removal of two northern most parking stalls along North Main Street and shifting
remaining stalls 2 feet south to attain required 20 foot vision triangle.
by ,
,fHK fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich _
Director of Planning S vices
DATE: March 18, 2010
RE: Approve Conditional Use Permit for Automobile Service Facility at 1023 North Main
Street (Plan Commission Recommends Approval)
BACKGROUND
The subject property is a 0.21- acre /9,000 square foot parcel of land and is located at the southwest
corner of N. Main Street & Prospect Avenue. According to City Assessor's records, the existing
building was developed in 1940 as an automobile service and gas station. Over the years the site has
been used for various auto - related services, most recently as an auto detailing service. Subsequently,
the use was discontinued and the site has remained vacant, thereby removing the ability to continue the
use and requiring a conditional use permit.
ANALYSIS
The petitioner is proposing to establish an automobile and light truck service business on the formerly
improved lot including general repairs and maintenance services. Hours of operation will be Monday
through Friday, 8:00 am to 6:00 pm and Saturday 8:00 am to 4:00 pm with initially the owner being
the only employee. The business will be housed in the 1,300 square foot service station that has an
office and two service bays. The current lot is legal nonconforming as parking stalls do not maintain
the three and one half foot setback from the right -of -way. Staff suggests that curb stops be placed for
parking stalls along Main Street and Prospect Avenue to prevent vehicles from hanging over the
sidewalk. The site plan shows parking at the northeast corner of the property which is in the 20 -foot
vision triangle. This can be alleviated by eliminating the two northerly stalls and shifting the
remaining stalls two feet to the south. The proposed service use will not change the essential character
of the area from past uses and will not be hazardous or disturbing to the area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its March 16, 2010 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
FACILITY LOCATED AT 1023 N. MAIN STREET
Plan Commission meeting of March 16, 2010
GENERAL INFORMATION
Applicant: Mark Mayer
Owner: Ora Bleser
Action(s) Requested:
The applicant is requesting a conditional use permit approval for an automobile service facility at
an existing establishment located at 1023 N. Main Street.
Applicable Ordinance Provisions:
Automobile service uses are permitted only through the approval of a conditional use permit
within the C -3 Central Commercial Zoning District. The Zoning Ordinance establishes criteria
and guidelines for the establishment and /or amendment of a Conditional Use Permit in Section
30 -11 (D).
Background Information Property Location and Type:
The subject property is a 0.21 - acre /9,000 square foot parcel of land and is located at the southwest
corner of N. Main Street & Prospect Avenue. According to City Assessor's records, the existing
building was developed in 1940 as an automobile service and gas station. Over the years the site
has been used for various auto - related services, most recently as an auto detailing service.
Subsequently, the use was discontinued and the site has remained vacant, thereby removing the
ability to continue the use and requiring a conditional use permit.
Subject Site
Existing Land Use Zonin
Vacant Building (Former automobile gas & service station, auto C -3
detailing)
I IT ...A '7 :..R
All ilCClll Lsl llu vac auu uvuai,
Zonin
Residential
C -3
r Uses
Vacant Lot
C -3
Commercial /Residential
C -3
West
Vacant former railroad corridor
C -3 /R -2
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Commercial
20 Year Land Use Recommendation Commercial
ANALYSIS
The petitioner is proposing to establish an automobile and light truck service business on a
formerly improved lot. The petitioner states that services provided will include general repairs and
maintenance services. Body repair work will not be offered. Initially, the petitioner will be the
only employee, however, once the business is established, one to two additional employees may be
hired. Hours of operation will be Monday through Friday, 8:00am to 6:00pm, Saturday from
8:00am to 4:00pm, and closed on Sundays.
The business will be housed in the approximately 1,300 square foot service station that has an
office and two service bays. The parcel is a corner lot with approximately 90 feet of frontage on
N. Main Street and approximately 100 feet of frontage on Prospect Avenue. The petitioner
proposes, per the submitted site plan, 16 automobile and light truck parking stalls for customers,
and vehicles in need of service. The petitioner has indicated that the property is desirable for the
automobile and light truck sales and service business use as the property is currently designed and
developed for that type of business and the corner location provides good visibility. The petitioner
does not plan to improve the site from its current state except general cosmetic work on the
building and painting parking stall lines on the parking lot.
The site plan shows cars displayed close to the sidewalk and building. While buildings can
maintain a zero foot setback in the C -3 District, parking areas are to maintain a three and one half
foot setback from the right -of -way. The current lot is legal nonconforming and therefore the
setbacks can be maintained for uses that are permitted in the C -3 District. For uses that require a
CUP, the Plan Commission and Council can determine whether the nonconforming condition is
appropriate for the considered use. Staff understands that the site is small and providing off street
parking is a challenge and suggests that curb stops be placed for parking stalls along Main Street
and Prospect Avenue to prevent vehicles from hanging over the sidewalk. It appears that the
current condition provides conforming access to all stalls and service bays. The plan does show
parking at the northeast corner of the property which is in the required 20 -foot vision triangle.
This can be alleviated by eliminating the two northerly stalls and shifting the remaining stalls two
feet to the south. Currently, the site has two driveways on N. Main Street and one large opening
spanning most of the frontage along Prospect Avenue. Staff recommends leaving the openings on
Main Street as -is, as the southern opening provides access to the service bays and northern
driveway will not be accessible because of the proposed vehicle parking /curb stops. The opening
on Prospect Avenue will be made code compliant this summer as it is scheduled for reconstruction.
Overall, it does not appear that the proposed service use, with conditions, will change the essential
character of the area from past uses and will not be hazardous or disturbing to the area.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends a finding that the proposed conditional
use permit request is consistent with Sections 30 -1 l(D) of the Zoning Ordinance and be approved
with the following conditions:
1) Vehicle services are limited to passenger cars and light trucks.
2) Protection of the sidewalk from vehicles parked along the sidewalks of N. Main Street and
Prospect Avenue is provided by means of wheel stops.
Item - IO23NMain -CUP AutoServiceFacility
3) Parking stalls be striped in accordance to the Off - Street Parking Code (Section 30-
36(E)(5)).
4) No storage of parts, equipment or junked vehicles outside of the building.
5) Driveway opening on Prospect Avenue be made code - compliant in conjunction with street
reconstruction.
The Plan Commission approved of the conditional use permit as requested with conditions noted.
The following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the history of the
site. He reviewed the operating hours, type of service to be performed, and stated that the
applicant would be the only employee at this time. He reviewed the site plan and further stated
that the parking stalls would meet code other than the two stalls located at the intersection which is
within the required 20 -foot vision triangle. This can be alleviated by eliminating the two northerly
stalls and shifting the remaining stalls two feet to the south. The petitioner is proposing to do
cosmetic work to the structure and striping for the parking stalls as the only proposed
improvements to the site. He also reviewed the existing curb cuts and explained that the large
open expanse on Prospect Avenue would be made code - compliant in conjunction with the 2010
street reconstruction. Lastly, Mr. Nau reviewed the conditions recommended for this request and
noted that he failed to list one condition that should have been included relating to the two parking
stalls located within the 20 -foot vision triangle and the movement of the remaining stalls two feet
to the south.
Mr. Borsuk questioned if condition #4 relating to storage of parts, equipment, or "junked" vehicles
should be changed to "licensed /operable vehicles ".
Mr. Burich responded that the condition is the standard language used in the past and altering it to
operable vehicles may cause issues as this is a repair shop where the vehicle may be towed for
service in inoperable condition to be repaired.
Mr. Borsuk stated that he needed further definition of the repair facility defining that this would
not be a dealership.
Mr. Burich replied that there would be no sales on site. It was a repair facility only.
Mr. McHugh questioned if this meant that repairs to vehicles would be required to be done within
the building.
Mr. Burich responded that the ordinance has required provisions in the code that address this issue.
Ms. Propp inquired if there were no setbacks in the C -3 District.
Mr. Nau replied that buildings can maintain a zero foot setback in the C -3 District; however
parking areas are to maintain a three and one half foot setback from the right -of -way for new
construction. The current lot is legal nonconforming and therefore the existing setbacks can be
maintained for uses that are permitted in the C -3 District.
Mr. Vajgrt questioned if the old pump island from the former use had been removed.
Item - 1023NMain -CUP AutoServiceFacility
Mark Mayer, 1216 School Avenue, Apt. A, petitioner for the request, stated that the pump island
had been removed.
Mr. Hinz asked if parts could be salvaged from vehicles on the site.
Mr. Burich responded that those types of operations could not be performed on the site as it is not
approved as a salvage yard but as a repair facility.
Mr. Mayer stated that he was attempting to make a living operating the auto repair facility at this
site and has been working on this for about three months.
Mr. Hinz inquired if the petitioner was agreeable with the conditions recommended for the request.
Mr. Mayer responded affirmatively.
Motion by Thoms to approve the conditional use permit for an automobile service facility
located at 1023 N. Main Street as requested with the following conditions:
1) Vehicle services are limited to passenger cars and light trucks.
2) Protection of the sidewalk from vehicles parked along the sidewalks of N. Main Street and
Prospect Avenue is provided by means of wheel stops.
3) Parking stalls be striped in accordance to the Off - Street Parking Code (Section 30-
36(E) (5)).
4) No storage of parts, equipment or junked vehicles outside of the building.
5) Driveway opening on Prospect Avenue be made code - compliant in conjunction with street
reconstruction.
6) Removal of two northernmost parking stalls along N. Main Street and shifting remaining
stalls two feet south to attain required 20 foot vision triangle.
Seconded by Vajgrt. Motion carried 9 -0.
Item - 1023NMain-CUP AutoServiceFacility
t 300 Qe
4
OJHKO.IH
ON THE WATER
City of Oshkosh Application
• Planned Development Review
• Conditional Use Permit Review
* *PLEASE TYPE OR PRINT USING BLACK INK **
APPLICANT INFORMATION
SUBMIT TO:
Dept. of Community Developmer
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Petitioner: I ;l.,Q Date: 0,�l 1
Petitioner's Address: / cZ /4 .5C FW)C 14 V el Aft" A City: O Sf, fiO 5 � l State: fin/ 1 Zip: 9
Telephone #: Fax:(
Other Contact # or Email-
Status of Petitioner (Please Check): ❑ Owner ❑ Representative Vrenant ❑ Prospective Buyer
Petitioner's Signature (required): /Gy� // E�� Date: OA 1//1
OWNER INFORMATION
Owner(s): 0+4r 4 on eeL d - O -c-e, � Date: 4-11 —/a
Owner(s) Address: q b ! �� ! 16�� AAJ City: /�VG C 0 0 0 L te: tLv� ,S
Telephone #: (:?P ) 14t-7c) ? I Fax: (pt o) Other Contact # or Email: '.
Ownership Status (Please Check): C4ndividual ❑ 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 tare tentative
and may be postponed by the Pkmnigg Services Division for incomplete submissions or other administrative reasons.
Property Owner's
Date: 9
SITE INFORMATION
Address /Location of Proposed Project: 10x3 At A i 57 o5 ,q'cjV In/f Parcel No - 66 9 3-- Ll
Proposed Project Type: A,"+ tea" c 1 5 - 7 f -
r 1/ A
Current Use of Property: A u-ka fnp�i0 ' 0 I WWb, ��� %��� Zoning: ' 3
Land Uses Surrounding Site: North:
South:
East:
West:
"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.ci.oshkosh.wLus/ Community _pevelopment /Pla`nnning.htm h
Sta I" Date Recd a 410
4A
To City Of Oshkosh
My name is Mark Mayer I am the owner of a Repair shop
Called, Discount Auto Repair.
I will be doing mainly automotive Repair services such as,
Breaks, shocks, tune ups,
Oil changes, front & rear end works
2/11/10
And engine and transmissions services,
I will not be doing any Body work, because I am not equipped to do that
kind of service work.
My hours of operation will be,
Monday thru Friday 8 am ---- 6pm
Saturday Sam ---- 4pm
Sunday Closed
At this time I don't have any employees, but I will have one or two as
Soon as I get going in the business.
I also will be doing the entire building improvement repair painting and
parking lot painting when weather permits.
P
CUP -AUTO REPAIR FACILITY LANGE STANLEY G /KEREN DAY KATHARINE T
1023 N MAIN ST 1105 N MAIN ST 485 W PACKER AVE
PC: 03 -16 -10 OSHKOSH WI 54901 3839 OSHKOSH WI 54901 1585
ANDERSON DARLA J
1026 N MAIN ST
OSHKOSH WI 54901 3838
BLESER ORA M ESTATE
4989 WASHINGTON
BUTTE DES MORTS WI 54927
RE 1032 N MAIN ST
VXV LLC
364 FOREST VIEW RD
OSHKOSH WI 54904 7662
SCHOENBERGER ELIZABETH A
1010 N MAIN ST
OSHKOSH WI 54901 3838
RE 1023 N MAIN ST
MAYER MARK
1216 SCHOOL AV APT A
OSHKOSH WI 54901
RE 1013 N MAIN ST
SCHROEDER CHRISTINE M
1108 CENTRAL ST
OSHKOSH WI 54901 3747
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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.
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AUTO REPAIR FACILITY
1023 N MAIN ST
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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 - dff
AUTO REPAIR FACILITY
1023 N MAIN ST
Scale: 1 " = 100'
At
N Of HKOlH
ON THE WATER
City of Oshkosh
Department of
Community Development
02/19/101
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