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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES MAY 6, 2003 PRESENT: Lee Bettes, Lurton Blassingame, David Borsuk, Donald Pressley, Kathleen Propp, Achim Reschenberg, and Donald Krueger, Chairman EXCUSED: Steven Gehling, Jack Heinemann and John Ruppenthal STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, David Patek, Director of Public Works, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Krueger. Roll call was taken and a quorum declared present. The minutes of April 15, 2003 were approved as mailed (Bettes, Blassingame). Unanimous. ITEM I: CONSENT AGENDA A: TWO LOT LAND DIVISION AT 3870 JACKSON ST. Community Church, petitioner/owner requests the Plan Commission to review and approve of a two lot land division for the property at 3870 Jackson Street. The five acre subject property is zoned R-1 Single Family Residence and contains a day care facility that was originally developed as a church. This item was withdrawn by staff at the request of the petitioner until it could be considered as part of a zone change and planned development review. B: EXTRATERRITORIAL TWO LOT LAND DIVISION – STATE ROAD 110 Carrow Land Surveying, petitioner for Robert Jacobson et al, owners, request the Plan Commission to review and approve of an extraterritorial two lot land division/certified survey map for undeveloped property along State Road 110 in the Town of Oshkosh. The 5.4 acre subject property is under Winnebago County Zoning and zoned commercial. Mr. Burich stated a condition needed to be added as requested by the Department of Public Works for the petitioner to provide a 7’ permanent sidewalk easement, since this is designated in the Comprehensive Plan as a primary arterial required to have a 80’ right of way, which only has a 66’ right-of-way at this time. Motion by Pressley for approval of the extraterritorial two lot land division/certified survey map for undeveloped property along State Road 110. Seconded by Bettes. Motion carried 7-0. Plan Commission Minutes 2 May 6, 2003 II: VACATE RIGHT-OF-WAY-BELL PLACE The Department of Community Development requests the Plan Commission to review and approve the vacation of Bell Place right-of-way. This is an approximate 116’ x 60’ (6,960 square feet) section of right-of-way. Mr. Krueger questioned if utilities were located in the subject area. Mr. Burich stated the utilities located there would be relocated. Motion by Blassingame to approve the vacation of Bell Place right of way. Seconded by Borsuk. Motion carried 7-0. III: HOMESTEAD DRIVE II ANNEXATION Steve Behr et al, petitioner/owners request the Plan Commission to review and approve of the Homestead Drive II annexation for two parcels of land currently located in the Town of Algoma. Temporary and permanent zoning of R-1 Single Family Residence District has been requested. Motion by Propp for approval of the Homestead Drive II Annexation with temporary and permanent zoning of R-1 Single Family Residence District. Seconded by Reschenberg. Motion Motion carried 7-0. IV: CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE SERVICE FACILITY AT 804 WITZEL AVENUE/VARIANCE TO ACCESS CONTROL ORDINANCE FOR NUMBER AND SPACING OF DRIVEWAYS AND SUBSTANDARD LATERAL CLEARANCE The Auto Authority LLC, petitioner for E.C. Merrill Inc., owner, request the Plan Commission to review and approve a conditional use permit for an automotive service facility at 804 Witzel Avenue. The petitioner is also requesting variances to the Access Control Ordinance regarding the number of driveways, spacing, and lateral clearance. The subject parcel is zoned M-2 Central Industrial District which allows auto service facilities only through conditional use permit. Mr. Borsuk questioned if parking would be allowed on the east side of the lot with the staff recommendation to close off the existing driveway to that area. Mr. Burich stated employees would have access to the parking area on the east side of the site from the proposed driveway traveling around the back (north) side of the structure. Mr. Borsuk also questioned what the front yard setback requirement was for this site. Mr. Burich stated there was a 0’ setback requirement in an M-2 Central Industrial District. Mr. Kinney stated that a 25’ setback was required for the adjacent C-2 Central Commercial District located across the street. Mr. Blassingame stated he would like to see another condition added for only one driveway to exist on the site. Mr. Bettes questioned the Plan Commission’s policy regarding the approval of variances. Plan Commission Minutes 3 May 6, 2003 Mr. Kinney explained that at the April Common Council meeting the Access Control Ordinance was amended to give the Plan Commission authority to grant variances from the strict application of driveway conditions and criteria, provided it is determined that ordinance requirements have been met. He stated they could also add conditions as deemed necessary to meet the standards of the Ordinance. Mr. Borsuk questioned the proposed overhead door for the south side of the structure, and the restrictions of backing in to the structure from a busy arterial. Mr. Burich stated there was enough maneuvering room on the site to the east of the door, and it is recommended for the existing driveway to be abandoned. Tom Shepeck, Centrum Development Company, introduced himself and Alex Hoel, petitioner. Mr. Shepeck stated the proposed driveway to the west of the existing driveway would be used to access the parking lot as well as the overhead doors on the west. He stated more parking would be created near the air conditioning unit and noted the dumpster would be moved to the west side of the lot for disposal convenience. He stated they would like to be allowed the overhead door on the south and retain the existing driveway for access to the door only. He stated they would not be creating any parking spaces on the east side of the building or driving around the building to access the south door. Alex Hoel, stated they have eliminated the overhead doors on the north side of the building and will retain the existing door on the northeast side of the building for ventilation and access purposes but not as a work bay. He stated they would like to retain the overhead door on the south and encouraged the Plan Commission to leave the existing driveway to access the door. Discussion continued regarding the overhead doors, the access to the doors, the parking lot and the maneuverability, and access to the south overhead door. Mr. Hoel stated they did not plan on parking or accessing the south overhead door from the east because of the cost of providing a hard surface to the entire drive around the building, therefore, they would like the existing driveway to remain for access of the south overhead door. Mr. Patek, Director of Public Works, stated he concurred with staff’s recommendations as identified in the staff report and added that a condition be added that any driveway removed be properly abandoned. Motion by Propp for approval of the Conditional Use Permit to operate an automotive service facility at 804 Witzel Avenue, found to be consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) No outside storage of inventory, materials, auto parts, or junked vehicles. 2) Parking areas to be hard surfaced. 3) Signage to be allowed in compliance with Section 30-37 of the Zoning Ordinance and not placed to visually interfere with ingress/egress to the site. 4) Dedication of 1.5 feet of permanent easement for sidewalk purposes along Witzel Avenue. 5) One driveway access to be allowed from Witzel Avenue to the subject property with any abandonment of existing driveways to be done in accordance with Public Works policies. Plan Commission Minutes 4 May 6, 2003 Mr. Reschenberg questioned if an enclosure would be required for the dumpster, which is proposed to be relocated to the west side of the lot. Mr. Burich stated the ordinance requires dumpsters to be enclosed. Mr. Reschenberg also questioned how the driveway would be abandoned. Mr. Patek stated the approach would be replaced with curb and a terrace reconstructed. Seconded by Blassingame. Motion carried 7-0 Motion by Pressley for approval of a variance to Section 25-104.1(i) of the Access Control Ordinance to construct a new driveway with less than a 75 foot lateral clearance. Seconded by Propp. Motion carried 7-0. V: REZONE PROPERTY AT 1712 BURDICK STREET FROM C-2 GENERAL COMMERCIAL DISTRICT TO R-2 TWO FAMILY RESIDENCE DISTRICT/LAND DIVISION TO CREATE ONE ADDITIONAL PARCEL AND REALIGN PARCEL LINES George Rohe, petitioner for Nikunj Ringwala, owner, request the Plan Commission to review and approve of a zone change from C-2 General Commercial District to R-2 Two Family Residence District for property generally located at 1712 Burdick Street. The petitioner is also requesting approval of a land division to create one additional lot from the currently zoned C-2 parcel. Chester Ward, 1634 Burdick Street, questioned if the proposed duplexes would be one or two stories in height. He voiced his support for the rezoning. George Rohe, 1862 W. Payne’s Point Road, Neenah, stated they haven’t decided the layout for the duplexes at this time, although he stated they would have approximately 1000 square feet in area. He added that there are a lot of mature trees on the site and they would like to save as many as possible. Motion by Bettes for approval of a rezoning from C-2 General Commercial District to R-2 Two Family Residence District for property generally located at 1712 Burdick Street, and for approval of a land division to create one additional lot from the currently zoned C-2 parcel. Seconded by Borsuk. Mrs. Propp asked if the land division would need to come back to the Plan Commission if the petitioner wished to relocate the side property lines. Mr. Burich stated that it was not necessary because lot lines could be moved so long as nonconforming ordinance conditions did not result. Motion carried 7-0. VI: REZONE TWO PARCELS ALONG W. 3RD AVENUE FROM R-2 TWO FAMILY RESIDENCE TO M-2 CENTRAL INDUSTRIAL DISTRICT Steve and Peter Faust, et al, petitioners/owners, request the Plan Commission to review and approve of a zone change from R-2 Two Family Residence District to M-2 Central Industrial District for two vacant properties located along W. 3rd Avenue. Plan Commission Minutes 5 May 6, 2003 Norbert Salzieder, 130 Josslyn Street, the owner of property at 250 W. 3rd Avenue, passed out a newsletter the “Market Monitor” (on file in the Department of Community Development) which discussed “Overbuilding: Too Much of a Good Thing”. Mr. Salzieder stated there are too many storage facilities in the area now that are not used to capacity, and no more are needed. He stated the Plan Commission should review the needs of the central city area. He stated more apartments need to be constructed in the area to support the storage industry. He stated he is not in favor of this proposal. Bernie Pitz, 459 Church Avenue, owner of property at 702 W. 3rd Avenue, stated that he has owned the property on W. 3rd Avenue since the 60’s. Mr. Pitz noted his failed attempts of getting sewer and water on the property for development. He also stated he had tried to rezone the property in the past with no success. He stated he has paid taxes on the property since the mid 60’s without being being able to develop the property because of the lack of utilities. He stated the best use for the property, without sewer and water, would be to construct mini-storage units, therefore, he encouraged the Plan Commission to approve the rezoning. Motion by Borsuk for approval of a rezoning from R-2 Two Family Residence District to M-2 Central Industrial District for two vacant properties located along W. 3rd Avenue. Seconded by Pressley. Mr. Blassingame stated that it was the charge of the Plan Commission to review what the appropriate land use category (i.e. zoning designation) is for the subject property and the area, not for a specific use of the property that may develop in the district as it relates to the market. OTHER BUSINESS Mr. Borsuk questioned if the podium for the audience to speak at could be relocated for a better focal point for the entire board. Mr. Kinney stated he would discuss the logistics with Channel 10. There being no further business, the meeting adjourned at 4:51 p.m. (Blassingame/Propp) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr