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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JANUARY 16, 2001 PRESENT:Lee Bettes, Lurton Blassingame, Melanie Bloechl, Steve Gehling, Achim Reschenberg, James Smith, Fred Timmerman and John Ruppenthal, Chairman Pro Temp EXCUSED:Donald Krueger, Donald Pressley, and David Borsuk STAFF:John Bluemke, Principal Planner, and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Pro Temp Ruppenthal. Roll call was taken and a quorum declared present. The minutes of the January 2, 2001 Plan Commission meeting were approved as mailed. Blassingame/Bloechl. Unanimous. I: CONSENT AGENDA A:Extraterritorial Land Division; 5203 Country Club Road – Cletus Schroeder, Petitioner/Owner Cletus Schroeder, petitioner and owner, requests the Plan Commission to review and approve an extraterritorial land division for property generally located at 5203 Country Club Road in the Town of Black Wolf. Per the Black Wolf Zoning map the properties are zoned A-2 Agriculture and R-1 Residential. B:Land Division; 1663 Doty Street – Jim Ujazdowski, Petitioner/Owner Jim Ujazdowski, petitioner and owner, requests the Plan Commission to review and approve a two lot land division for property generally located at 1663 Doty Street. The general area is residential in character and the property is zoned R-2 Two Family Residence District. There was no discussion on the Consent Agenda. Motion by Blassingame for approval of the Consent Agenda. Seconded by Bloechl. Motion carried 8-0. Plan Commission Minutes Page 2 January 16, 2001 II:CONDITIONAL USE PERMIT/PUBLIC UTILITY STRUCTURE 700 W. LINWOOD AVENUE Elaine Fritz, petitioner on behalf of Ameritech, and First Methodist Church, owner, requests the Plan Commission to review and approve a Conditional Use Permit (CUP) for an Ameritech telecommunications building on the property generally located at 700 W. Linwood Avenue. The area is a mixture of institutional land uses, including the Church and Oshkosh North High School, and residential land uses. The subject property is zoned R-1 Single Family Residence District, which district requires a CUP for a public utility structure. Dan Gabert, 2280 Ontario, questioned if the utility structure would be built on the corner. Mr. Bluemke stated the structure would be 29’ off the sidewalk on the Ontario Street side and 27’ from the sidewalk off of Smith Street. Mr. Gabert questioned if there would be a tower included with the structure. Mr. Bluemke stated there would not be a tower at this location. Discussion followed regarding the size of the structure and the dimensions above ground and under ground. Mr. Gabert questioned whether a roadway would be installed to service the unit. Mr. Bluemke stated that there would not be a roadway, and the service people would walk across the grass to service the unit. He stated an easement would be purchased to lay underground cable for the unit. Mr. Gabert stated he was concerned about what the adjacent property owners would have to look at. Gail Sandberg, 2240 Ontario Street, questioned if the structure was going to be located in the area that was cleaned out because of the high school students who used to congregate there, or in the open lawn area. Mr. Bluemke stated the structure would be located off of the corner, with low landscaping required to screen the structure. Elaine Fritsch, Ameritech representative, 221 W. Washington, 4th Floor, Appleton, WI, stated only 27” of the proposed structure would be exposed. She stated Ameritech took the location of a high school into consideration when making the decision to install an underground structure where they would have normally put up a building. She stated the underground vault would be a safer alternative for the students, keeping them visible to the general public. She stated the structure would be located 27’ from the chain link fence which would allow for a row of trees to remain on the property with only 2 trees that would need to be removed, however they would be replaced. Mr. Ruppenthal questioned where the access to the unit was located. Ms. Fritsch stated access would be through a hatch on the top. Mrs. Bloechl stated the structure appeared to have multiple levels. Ms. Fritsch stated there is a power pedestal that is 36” high and 18” square. She explained the electrical wiring would be underground coming from Jackson and Smith Streets buried under the sidewalk along the side of the church. Mrs. Bloechl asked how noisy the unit would be, and what the time frame was for installation. Ms. Fritsch stated it would measure 65.4 decibels, which you wouldn’t be able to hear from the sidewalk. She also noted the closest neighbor was about 120’ away, and that the vault should be installed by late summer. Mrs. Bloechl asked if it would cause any interference with satellites or cell phones, and why these units were always so unsightly when they tend to be installed in residential areas. Ms. Fritsch agreed they were rather unsightly, however, she noted the landscaping should mitigate any adverse impact it may have on the neighborhood. Plan Commission Minutes Page 3 January 16, 2001 Mr. Gehling asked what kind of power was used for the unit. Ms. Fritsch stated the unit would have 200 amp. service. Mr. Gehling asked if it was possible for water to affect the unit. Ms. Fritsch stated it wasn’t possible for water to affect the unit, however there was a sump pump, an alarm, and it would be grounded. Motion by Smith for approval of the Conditional Use Permit for the public utility structure to be found consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Blassingame. Motion carried 8-0. III:CONDITIONAL USE PERMIT: 910 W. MURDOCK AVENUE Dave Heather, petitioner and owner, requests the Plan Commission to review and approve a Conditional Use Permit (CUP) to allow for automobile and light truck sales on the property at 910 W. Murdock Avenue. The land use pattern in the area is a mixture of commercial and residential land uses. The subject property is zoned C-2 General Commercial District, which district requires a CUP for automobile sales. Mr. Heather previously operated a used car dealership on the site, however, the site has not been used for automobile sales for more than a year and Section 30-11 (G) of the City of Oshkosh Zoning Ordinance requires that prior to the reestablishment of a use that has been abandoned for more than a year, a new CUP shall be obtained. Dave Heather, 240 Gateway Drive, Waupun, handed out a parking plan with 143 parking stalls, however, he stated they were only planning to park approximately 40-50 cars. He stated when the lot was subdivided they did quite a lot of landscaping and requested for any more landscaping requirements to be eliminated, and to allow time for the small landscaping on the site to grow, which he felt would be more than adequate. Mr. Timmerman asked for clarification of the repair service that would be allowed on site. Mr. Bluemke stated there would not be a full service auto repair facility on site as with their previous dealership, however, they would be allowed to prepare vehicles for sale and provide some light service to the vehicles they sell. Mrs. Bloechl asked how long ago Mr. Heather closed the dealership on the site. Mr. Heather stated the dealership was closed about a year and a half ago. She also questioned why he felt no more landscaping was needed. Discussion followed on the previous landscaping requirements when the lot was subdivided, the asphalt area between the proposed dealership and the Autozone site, the front landscaping compared to the rear landscaping in a residential area, and the improvements that could be made to the current condition of the lot. Mr. Heather also stated he felt the landscaping requested by staff was unreasonable and would be a big expense for a small business. Mr. Gehling asked for clarification of condition number 2 regarding the landscaping. Mr. Bluemke stated that the Ordinance requires a minimum size of 1-1/4” in caliber for trees to be planted, and the condition calls for fewer trees, but larger in size than what is required to be used on this site. Mr. Timmerman questioned if the Plan Commission could review the landscape plan before making a decision. Chairman Pro Temp Ruppenthal stated the staff is involved in preparing the landscape plan, and for the Plan Commission to review it would cause too much of a delay. Plan Commission Minutes Page 4 January 16, 2001 Motion by Smith for approval of the Conditional Use Permit for automobile and light truck sales at 910 W. Murdock Avenue to be found consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance, and be approved subject to condition 1 only. Seconded by Gehling. Motion denied 4-4. Nay: Blassingame, Bloechl, Reschenberg, and Timmerman. Motion by Blassingame for approval of the Conditional Use Permit for automobile and light truck sales at 910 W. Murdock Avenue to be found consistent with Standards set forth in Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1)A parking plan showing compliance with the Zoning Ordinance be submitted to and approved by the Department of Community Development prior to using the property for automobile and light truck sales. 2)A landscape plan for the existing green space, which incorporates larger size trees than required by the Zoning Ordinance, be submitted to and approved by the Department of Community Development prior to using the property for automobile and light truck sales. Seconded by Bloechl. Motion carried 6-2. Nays: Gehling and Smith. IV:REZONING 1150 VAN BUREN AVENUE Robert and Sherrie Lietz, petitioners for Zion Lutheran Church, owner, request the Plan Commission to review and approve the rezoning of property located at 1150 Van Buren Avenue from R-2 Two Family Residence District to C-1 Neighborhood Business District. Bob Lietz, 1514 Elmwood Avenue, stated he has been looking into purchasing the site from Zion Lutheran Church to operate a beauty salon, and noted it is currently not on the tax rolls. He stated he has been operating a business for 4 years, and this building would supply enough room for 12 beauty stations. He stated it was a reputable business, not loud or unhealthy, and would add to the tax base. He also noted there were many businesses within a few blocks. Discussion ensued regarding the past operation of the church and educational facility in an R-2 District. Mr. Bluemke stated that they might have been in operation before the zoning went into effect. Mr. Bluemke noted that even though a beauty shop may be an appropriate business for the area, standards need to be set. Mr. Gehling questioned when the Neighborhood Initiatives Plan would be complete. Mr. Bluemke stated he thought it should be complete later this year. Mr. Smith questioned what other use was suitable for this building. Discussion followed regarding rezoning at this time, what uses may fit into the structure, and whether a condition could be made upon approval. Mr. Bluemke stated a rezoning couldn’t be conditioned. He noted a rezoning could include a Planned Development Overlay, however, in this case the area was too small. Mr. Reschenberg asked if there would be appropriate parking for this business. Mr. Bluemke stated that was an issue that would need to be looked at to comply with the Zoning Ordinance if the rezoning were to be approved. Plan Commission Minutes Page 5 January 16, 2001 Mr. Bettes stated he would oppose this rezoning as he felt Sawyer Street was residential in character and would result in a tattered looking street, which would be taking a step in the wrong direction. Mr. Gehling stated he would vote in favor of the rezoning to provide an incentive for the Neighborhood Initiatives Plan to be completed, as he felt it was unfair for proposals of this nature to be denied when in fact they may be an acceptable use for the neighborhood. Chairman Pro Temp Ruppenthal stated he felt it was unfair of Mr. Gehling to make such a judgement at this time. Mrs. Bloechl stated this may set a precedent, however, she noted that this building has been off the tax rolls for quite a number of years. She made reference to the number of non-conforming businesses on Sawyer Street between Oshkosh Avenue and 9th Avenue, and stated as long as someone was willing to make an old building more appealing, especially one that would not be easy to convert to a residential use, should not be denied. Mr. Blassingame stated he would oppose the rezoning as it was not in compliance with the Comprehensive Plan, and noted how the building probably would be able to accommodate another use. Chairman Pro Temp Ruppenthal stated he was opposed to spot zoning and didn’t want to set a precedent that the City may never be able to recover from. Motion by Smith for approval of the rezoning from R-2 Two Family Residence District to C-1 Neighborhood Business District. Seconded by Bloechl. Motion denied 2-6. Nays: Bettes, Blassingame, Reschenberg, Ruppenthal, Smith, and Timmerman. Therebeing no further business, the meeting adjourned at 5:08 p.m. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr