HomeMy WebLinkAbout10-358NOVEMBER 23, 2010 10 -358 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR ADAPTIVE REUSE
OF A COMMERCIAL BUILDING IN A RESIDENTIAL ZONING
DISTRICT FOR A THERAPEUTIC SPA AT 1015 WEST 10TH
AVENUE
INITIATED BY: BRIAN & TAMMY GRAFF, PETITIONERS
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 the adaptive reuse of a commercial building in a residential
zoning district for a therapeutic spa at 1015 West 10th Avenue and the adjacent vacant
lot, per the attached, is hereby approved with the following conditions:
1) The two subject parcels be combined.
2) A minimum 5 foot tall screen be provided on the west and east sides of the
parking area to act as a screen from the adjacent residential uses.
3) One stall in the parking area be reserved for handicap access.
At
OfHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: November 18, 2010
RE: Approve Conditional Use Permit for Adaptive Reuse of a Commercial Building in a
Residential Zoning District for a Therapeutic Spa at 1015 W. 10 Avenue (Plan
Commission Recommends Approval)
BACKGROUND
The area included in the application consists of two adjacent properties totaling 0.57 acres of land on
the south side of West 10` Avenue approximately 140 feet west of Knapp Street. They include a 0.2
acre property located at 1025 West 10 Avenue and a 0.37 acre property located at 1015 West 10
Avenue. The improvements on -site include a 3,600 square foot, single -story structure as well as a 6-
stall legal nonconforming parking lot fronting West 10 Avenue. City records indicate the principle
structure was constructed in 1947 and used for the dairy industry. The property is currently vacant but
had most recently been used as a legal nonconforming professional service business (Bartell's
Photography Studio). The general area is predominately a single - family neighborhood with scattered
two - family uses. A vacated railroad right -of -way (privately owned) borders the property to the south
and is undeveloped.
ANALYSIS
The petitioner is requesting to reuse the existing nonresidential structure to establish a therapeutic spa
service facility offering various body treatment services with hours of operation proposed to be from
8:00 am to 8:00 pm, Monday through Saturday. The exterior of the structure is planned to be painted
and the utility shed behind the building is proposed to be removed and replaced with a pergola for
outdoor seating. The two parcels are proposed to be combined and the existing nonconforming
parking area will be seal coated and striped providing six legal -sized parking stalls aligned parallel to
West 10 Avenue with a 24 -foot drive aisle and a minimum 5 -foot tall screen on the west and east
sides. Additional parking is planned on the west side of the building as the business is established with
arborvitae planted along the north and west side of the property for screening purposes. A non -
illuminated wall sign on the north elevation of the building is the only proposed signage for the site.
The proposed layout exceeds parking requirements and traffic circulation is safe and acceptable. The
property is zoned residential but has historically been used for nonresidential purposes and although
the Comprehensive Plan recommends residential use for this area, neighborhood business districts
should be considered acceptable at these sites if the establishment is providing goods and services to
residents of the surrounding area. The proposed use should not create significant disruption to the area
and any expansion of the use would require approval of an amended conditional use permit.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its November 16, 2010 meeting.
Approved,
����
City Manager
ITEM: CONDITIONAL USE PERMIT REQUEST FOR AN ADAPTIVE REUSE OF
A COMMERCIAL STRUCTURE LOCATED AT 1015 W. I0 AVENUE
Plan Commission meeting of November 16, 2010
GENERAL INFORMATION
Applicant: Brian and Tammy Graff
Property Owner: State Resources Corporation
Action(s) Requested:
The applicant is requesting a conditional use permit for an adaptive reuse of a property /commercial
structure located at 1015 W. 10 Avenue to establish a therapeutic spa within a residential district.
Applicable Ordinance Provisions:
The adaptive reuse of a structure /property is permitted only through the approval of a conditional
use permit within the R -2 Two - Family Residence Zoning District and is defined as follows:
"'Adapting an existing building originally designed for an institutional, quasi - public, public or
other specific special purpose to a new use ". The Zoning Ordinance establishes criteria and
guidelines for the establishment of a Conditional Use Permit in Section 30 -11 (D).
Property Location and Background Information:
The area included in the application consists of two adjacent properties totaling 0.57 acres of land
on the south side of West 10 Avenue approximately 140 feet west of Knapp Street. They include
a 0.2 acre property located at 1025 West 10 Avenue and a 0.37 acre property located at 1015
West 10 Avenue. The improvements on -site include a 3,600 square foot, single -story structure as
well as a 6 -stall legal nonconforming parking lot fronting West 10 Avenue. City records indicate
the principle structure was constructed in 1947 and used for the dairy industry (City View Dairy)
The property is currently vacant but had most recently been used as a legal nonconforming
professional service business (Bartell's Photography Studio). The general area is predominately a
single- family neighborhood with scattered two - family uses. A vacated railroad right -of -way
(privately owned) borders the property to the south and is undeveloped.
Subject Site
Existing Land Use Zonin
V acant - Form Pho Stud R - 2
Adiacent Land Use and Zoninfy
Existin
Uses
Zonin
North
Single- family re sident i al (Across West 10 1 Ave)
R -2
Sout
V acant & sing - family resi
R -2
Single- fmily a residential
R -2
_ East
West
Single - family r
R -2
Cmmnrehensive Plan
Land Use Recommendation
Use Category
10 Year Land Use Recommendation
Residential
20 Y ear Land Us Recommendation
Re sidenti a l
ANALYSIS
The petitioner is requesting an Adaptive Reuse Conditional Use Permit to reuse the existing
nonresidential structure to establish a therapeutic spa service facility. The spa will offer body
treatment services including facials, massage therapy and body wraps. In addition to the
petitioners' practice, they propose to rent out six additional rooms to similarly licensed
professionals. Hours of operation will be from 8:OOam to 8:OOpm, Monday through Saturday.
The existing building is approximately 3,648 square feet in area originally built in 1947 for a dairy
operation. It is unknown when the dairy operation ceased activity, but in the early 1990s, the
building was reused for a photography studio up to a few years ago. The exterior of the structure
is planned to be painted beige with brown accents around the windows. In addition to the principle
structure, there is a 192 square foot utility shed behind the building. The petitioner plans to
remove the shed and replace it with a pergola to provide for outdoor seating.
The petitioner proposes to combine the two parcels and sealcoat and stripe the existing
nonconforming parking area in front of the building. The submitted site plan shows six legal -sized
stalls aligned parallel to W. 10 Avenue with a 24 -foot drive aisle. The Transit Director reviewed
the plan and commented that the layout is not ideal; however, it is an improvement versus backing
out onto the street and now provides a screening opportunity. The site plan does not indicate a
handicap parking stall, therefore staff is recommending that one stall be reserved for handicap
access. The petitioner plans to place large planters between the parking lot and sidewalk to better
control traffic and add to curb appeal. It is planned to eventually add additional parking on the
west side of the building as the business is established. Arborvitae will be planted along the north
and west side of the property to shield neighboring properties from vehicle headlights.
The petitioner is planning to install a non - illuminated wall sign on the north elevation of the
building with no plans for any ground signage which could negatively impact the neighborhood.
The establishment of a therapeutic spa facility on the subject property is an appropriate land use
for this area as it is a complimentary and customary use within a residential neighborhood.
Additionally, the former commercial use at the site had not historically caused significant
disruption to the area and other potential service uses allowed on the site have the potential to be
more intense.
The site layout is appropriate for the establishment of a spa, assuming improvements necessary for
the specific use are provided such as reconfiguration of the existing parking and screening of the
parking area. Staff does not have any concerns with the proposed design/layout as the proposed 6-
stall parking lot exceeds parking requirements; traffic circulation is safe and acceptable.
In terms of consistency with the Comprehensive Plan, the property historically has been used for
nonresidential purposes, is zoned residential and the recommended 10 and 20 year land use plan
maps identify this area as appropriate for residential land use. The approval of an adaptive reuse
conditional use for a spa would appear to be in contrast to the residential designation however this
may not be the case as the Comprehensive Plan states:
ITEM- IOISWIOth CUPSpa
"Neighborhood business districts should be considered in or near residential areas and
developed in scale with surrounding development and be pedestrian accessible.
Neighborhood business districts provide goods and services to residents of the
surrounding area, generally within 5- minute driving time or 10 to I5- minute walk and
include uses such as food, drugs, hardware, clothing & sundries, and personal service
establishments. Smaller scale commercial areas are not identified on the land use maps;
however, future areas will be evaluated as they are proposed near residential areas"
(Page 52, City of Oshkosh Comprehensive Plan, 2005- 2025).
Overall, the proposed Adaptive Reuse Conditional Use will not change the essential character of
the property from its historic use. Staff suggests that if approved, the Adaptive Reuse Conditional
Use be conditioned on the screening of the parking area with a minimum of a 5 foot tall solid
fence, arborvitae or a hedge wall, on the east and west side of the parking area. Additionally, it is
recommended that any further expansion of the use receive Common Council approval of an
amended Conditional Use Permit.
RECOMMENDATION /CONDITIONS
Staff recommends approval of the CUP to operate a therapeutic spa use at the subject property and
a finding that the CUP is consistent with the standards set forth in Section 30 -11(D) of the Zoning
Ordinance with the following conditions:
1. Two subject parcels are combined.
2. Minimum 5 -foot tall screen is provided on the west and east sides of the parking area to act
as a screen from the adjacent residential uses.
3. One stall in the parking area be reserved for handicap access.
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 discussed the previous history of the site and reviewed the site,
surrounding area, zoning classifications in said area, and current land uses. He discussed the
services that would be provided by the therapeutic spa and that proposed hours of operation would
be from 8:00 am until 8:00 pm, Monday through Saturday. He reviewed the site plan and stated
that the two separate parcels would be combined and the existing parking area would be seal
coated and striped. The exterior structure would be painted and a non - illuminated wall sign would
be installed. He also discussed the vegetative screening along property lines and on the sides of
the parking lot and the required handicapped parking stall. He also stated that this was an
appropriate land use in a residential area as the Comprehensive Plan considers neighborhood
businesses appropriate in these areas provided that they offer services to the surrounding area. He
also reviewed the conditions recommended for this request.
Mr. Borsuk inquired about the parking requirements as it did not appear that the number of parking
stalls on the site were adequate.
Mr. Nau responded that the petitioner was proposing to install additional parking along the west
side of the structure at the time West l0` Avenue would be reconstructed.
Mr. Hinz questioned if the planters proposed to be located along the sidewalk area would be too
high and may obstruct visibility.
ITEM - IOI5WIOth CUP Spa 3
Mr. Nau replied that specifics on the materials that would be placed in the planters had not been
submitted and this issue would be addressed during the official site plan review process.
Mr. Fojtik inquired about the 5 -foot tall screening for the parking area referenced in the conditions
and if that was the standard height.
Mr. Nau responded that 5 feet was the minimum height for screening purposes.
Mr. Borsuk again questioned if the current parking was adequate for the site.
Mr. Nau replied that based on the size the structure, the parking stalls did not meet the required
amount however he was not sure of what proportion of the square footage of the entire building
would be utilized.
Mr. Borsuk suggested that a condition could be added to this request to address this issue.
Mr. Thorns stated that he had concerns with the impact this use would have on the neighborhood
such as the parking issue and questioned the meaning of "similarly licensed professionals" that
may be renting out rooms in the structure.
Mr. Nau responded that individuals renting space on the site would be offering similar spa
treatments as detailed in the staff report.
Mr. Thorns also questioned if the proposed planters near the sidewalk area would create visibility
issues.
Mr. Nau replied that the planters would be parallel to the sidewalk and would be more flower
based and should not create a visibility obstruction.
Mr. Buck added that the planters were proposed in front of the building to define the drive aisle as
there currently is no curbing on the site and that the 15 feet for visibility limits what materials can
be placed in the planters.
Mr. Nau revisited the site plan to review the planter locations and designated drive aisles.
Mr. Thorns stated that it did not appear to be any different than what residential homes place in
their front yards for ornamental reasons.
Tammy Graff, 8667 Edgewater Ridge, Omro, petitioner for the request, stated that the planters
were intended for flowers only and placement of the planters would take visibility issues into
consideration.
Brian Graff, 8667 Edgewater Ridge, Omro, added that there is no curbing on the entire frontage of
this site and City staff suggested that they find some way to control customers accessing the site by
defining specific drive aisles until such a time that the street would be reconstructed and curbing
installed. He also commented that the handicapped parking stall referenced in the conditions
would be designated as the closest stall to the building.
ITEM -101 SWIOth CUP Spa
Mr. Borsuk questioned if the petitioner would be agreeable to adding a condition regarding the
addition of parking stalls on the west side of the building.
Ms. Graff responded affirmatively.
Mr. Hinz inquired if parking stalls would be added on the west side of the site, would the petitioner
be requesting a second driveway access be created.
Mr. Buck replied that the site is only allowed one drive access and has adequate room to add
parking stalls to the west side of the structure providing adequate arking for code requirements.
It was discussed that it would be reasonable to wait until West 10` Avenue was reconstructed to
do these improvements since this would close off the open access to the site with the installation of
curbing and a new curb cut could be placed where the drive aisle would be accessible to both
parking areas.
Mr. Thorns questioned when West 10 Avenue was scheduled to be reconstructed.
Steve Gohde, Assistant Director of Public Works, responded that it was not in the Capital
Improvement Program in the next five years.
Ms. Graff stated that she did not feel that parking would create an issue at the site as parking was
allowed on the street and that employees at the site would only be working 3 -4 hours a day at this
location as part of their treatments are performed at customer's homes and in nursing home
facilities.
Motion by Palmeri to approve the conditional use permit request for an adaptive reuse of a
commercial structure located at 1015 West 10` Avenue as requested with the following
conditions:
1. Two subject parcels are combined.
2. Minimum S,foot tall screen is provided on the west and east sides of the parking area to act
as a screen from the adjacent residential uses.
3. One stall in the parking area be reserved for handicap access.
Seconded by Vajgrt. Motion carried 7 -0 -1. Ayes -
Borsuk/Thoms/Foj tik/Hinz /Palmeri /Vajgrt/
Nollenberger. Abstained - Lohry. (She is a customer of the spa facility.)
ITEM - 1015W10th_CUP Spa
L
O1HK01H
ON THE WATER
City of Oshkosh Application
E3 Planned Development Review
a Conditional Use Permit Review
SUBMIT TO:
Dept. of Community Development
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
* *PLEASE TYPE OR PRINT USING BLACK INK **
APPLICANT INFORMATION
Petitioner:
Date: laal (c)
Petitioner'sAddress: o C�.�k�p� City: State: Zip:, �
Telephone #: (9a0) Fax: ( ) Other Contact # or Email: C
Status of Petitioner (Please Check): ❑ Owner ❑ Representative ❑ Tenant X Prospective Buyer
Petitioner's Signature (required):
Date:
OWNER INFORMATION
Owner(s): S-VPft `C C� Date:
Owner(s) Address: _ - q m
I ?� } 11�1�_ City: State: . �L Zip: 6`1
Telephone #: (� Fax:(
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership XCorporation
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 Division for incomplete submissions or other administrative reasons.
Property Owner's Signature: Date:
SITE INFORMATION 13 5'3 00Cx�
Address/Location of Proposed Project: 1 ��z V Mid Parcel No. f ���,�..�00
Proposed Project Type:
Current Use of Property: N1 � g`= Zoning:
Land Uses Surrounding Site: North:
South:
East:
West: \f
"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.
A Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please the City's website at www. ci. oshkosli. wi. us/ Conimunity _Development/Planning.htm
Staff � Date Recd Ao�(o
WE
How the Proposed CUP Development Plan will not have a negative effect:
1. Health, safety, and general welfare of occupants of surrounding lands:
Absolute Therapeutic Spa will provide spa treatments by licensed practitioners Monday thru
Saturday from 8:00 am to 8:00 pm. The landscaping on the property will be restored to a pristine
inviting atmosphere.
2. Pedestrian and vehicular circulation and safety:
The paved driveway will be seal coated and striped to accommodate for six parking stalls for our
client parking. Practitioners will be parking in front of the property on the street. We will be
adding planters to control the flow of the traffic and improve the curb appeal of the property .
Arborvitaes will be planted in between the poplars on the north and west side of the property to
reduce the head light glare to the neighboring houses and improve the properties appearance.
3. Noise, air, water, or other forms of environmental pollution:
Absolute Therapeutic Spa has chosen this location because of it's quite location and our clients
need a quite environment for relaxing.
4. The demand for and availability of public services and facilities:
Public water and sewer will be used at this location.
5. Character and future development of the area:
Absolute Therapeutic Spa will add value to the community by increasing the appearance of the
building and the grounds. In the future when the road is redone we will add more parking on the
property to eliminate the need to park on the street. The shed will be removed and a pergola will
be installed for an outside seating area. We plan to add pathways in the renovated landscape area.
Submittal Requirements:
Please note that some of the submittal requirements have been addressed in the five bulieted areas
above.
Absolute Therapeutic Spa Narrative:
The existing building has been foreclosed on and is currently empty. I propose to use the property
for a therapeutic spa. The spa will provide body treatments to our clients such as facials, massage
therapy and body wraps.
The spa will attach a sign on the face of the building with no addition exterior lighting then what the
building currently has. The lighting that we are planning to add to the renovated landscaped area is
going to be soft solar lighting.
The spa is planning to rent rooms to other licensed practitioners and currently have six rooms
available to rent. An aesthetician or massage therapist once they have their cliental is established will
work about four hours a day on an average four to five days a week. As a practitioner we sometimes
do house calls in our clients homes and at nursing homes for our clients that cannot travel. The hours
of working per week are not always going to be out of the 1015 location.
The building we plan to paint a beige color with brown accents around the windows. The map of the
parking with the addition of the planters will control the traffic area and beautify the property.
Traffic generation will be based on each independent practitioners schedule. On rare occasions such
as bridal or birthday celebrations will six practitioners be on location at the same time.
Upon completion of the project it will increase the value of the neighborhood due to the
improvements completed on the building.
West 10th Avenue
1015 and 1025
West 10th Avenue , " = 30'
9
CUP - THERAPEUTIC SPA ASKINS ROBERT
1015 W 10 AV 1020 W 10 AV
PC: 11 -16 -10 OSHKOSH WI 54902
ARTHUR TODD A /CONNIE SOWARD COLLEEN
1010 W 10TH AVE 1001 KNAPP ST
OSHKOSH WI 54902 6212 OSHKOSH WI 54902 6325
BALDRY LIFE ESTATE WALLACE UNIVERSAL HOMES LLC
1016 W 10TH AVE 975 W SNELL RD
OSHKOSH WI 54902 6212 OSHKOSH WI 54901 1114
RE VACANT LOT KNAPP ST
JANKE ESTATE WILLARD /JUNE GRAFF BRIAN /TAMMY
1031 W 10 AV 8667 EDGEWATER RDG
OSHKOSH WI 54902 OMRO WI 54963
SPANBAUER IAN R
1024 W 10TH AVE
OSHKOSH WI 54902 6212
STATES RESOURCES CORP
4848 S 131ST ST
OMAHA NE 68137
RE VAC LOT & 1015 W 10'" AV
WALTER HARRY
1030 W 10 AV
OSHKOSH WI 54902
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DISCLAIMER THERAPEUTIC SPA
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a survey and It is not Intended to be used as one. l� O.IHKOIH
data
This drawing is a compilation of records,
and Information located in various city, county ADJACENT LOT ON THE WATER
and state offices and other sources affecting
the area shown and It is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh Is not re- Department of
sponsible for any Inaccuracies herein contained.
Community Development
If discrepancies are found, please contact the
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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 discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
THERAPEUTIC SPA
1015 W 10TH AV &
ADJACENT LOT
Scale: 1" = 60'
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N fHK fH
A ON THE WATER
City of Oshkosh
Department of
Community Development
11/02/10
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