HomeMy WebLinkAbout11-45FEBRUARY 8, 2011 11 -45 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A MOTORCYCLE
SERVICE FACILITY AT 222 JACKSON STREET
INITIATED BY: AARON SENNHENN, 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 a motorcycle service facility at 222 Jackson Street, per the
attached, is hereby approved with the following conditions:
1) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or
Jackson Street and protection of the sidewalk be provided by means of wheel
stop or curbing.
2) Areas designated as parking stalls 1 and 18 on the site plan not be utilized for
parking.
3) No storage of parts or equipment outside of the building.
OYHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Pla ing Services
DATE: February 3, 2011
RE: Grant Conditional Use Permit to Aaron Sennhenn to Operate a Motorcycle Service
Facility at 222 Jackson Street (Plan Commission Recommends Approval)
BACKGROUND
The subject property is a 0.35- acre /15,400 square foot parcel of land and is located at the southeast
corner of Jackson Street and High Avenue. The existing building was developed in 1966 as an
automobile service and gas station. In 1999, the City Council granted a conditional use permit for
automobile sales and service at this property. Subsequently, the use was discontinued and the site has
remained vacant, thereby removing the ability to continue the use and requiring a new conditional use
permit be received. Another conditional use permit was granted for automobile sales and service in
2008 but was never established.
ANALYSIS
The petitioner is proposing to establish a motorcycle service business on the currently improved lot.
The subject property contains an approximately 2,000 square foot former service station that has an
office and three service bays with frontage on both High Avenue and Jackson Street with 21 parking
stalls. The petitioner does not plan to improve the site from its current state except general upkeep at
the property and anticipates the business will have two employees at the onset with the potential for
more as business dictates. Staff is recommending that two existing parking stalls be removed as their
location is problematic and the site has adequate parking for both customers and employees. Staff is
also recommending that vehicles be parked no closer than 3.5 feet to the sidewalks on High Avenue
and Jackson Street with wheel stops or curbing installed to protect the right -of -way. It does not appear
that the proposed motorcycle service use, with conditions, will be hazardous or disturbing to the area.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its February 1, 2011 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT APPROVAL TO ESTABLISH A
MOTORCYCLE SERVICE FACILITY AT 222 JACKSON STREET
Plan Commission meeting of February 1, 2011
GENERAL INFORMATION
Applicant: Aaron Sennhenn
Owner: T & M Stein, LLC
Action(s) Requested:
The applicant is requesting approval to establish a conditional use permit to allow the operation of
a motorcycle service business.
Applicable Ordinance Provisions:
Vehicle 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 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 0.35- acre /15,400 square foot parcel of land and is located at the southeast
corner of Jackson Street and High Avenue. The existing building was developed in 1966 as an
automobile service and gas station. In 1999, the City Council granted a Conditional Use Permit
for automobile sales and service at this property (Resolution 99 -305). Subsequently, the use was
discontinued and the site has remained vacant, thereby removing the ability to continue the use and
requiring a new Conditional Use Permit be received. Another Conditional Use Permit was granted
for automobile sales and service in 2008 (Resolution 08 -471) but was never established.
Subject Site
Existing Land Use
Zonin
Vaca Building /Former Auto Sale and Service C -3
Adinvent I,nnd INe and Zoning
Existing
Uses
Zonin
No
Co Office ( High
- -)
South
Comme rcial O ffice
C -
East
Commer O ffice
C -3 _
West
Vacant (acro Jac St)
C -3
Comprehensive Plan Land Use Recommendation Land Use
10 Year Land Use Recommendation Mixed Downtown
20 Year Land Use Recom mendation Mix Do
ANALYSIS
The petitioner is proposing to establish a motorcycle service business on the currently improved
lot. The property houses an approximately 2,000 square foot former service station that has an
office and three service bays. The parcel is triangular in shape with approximately 175 feet of
frontage on High Avenue and approximately 170 feet of frontage on Jackson Street. The petitioner
has indicated that the property is desirable for the motorcycle service business as it is currently
designed /developed for that type of business and the corner location provides good visibility and
convenience. The petitioner does not plan to improve the site from its current state except general
upkeep on the building and lot.
The existing site layout contains 18 stalls and three employee stalls for a total of 21 parking stalls.
It is anticipated that the business will have two employees at the onset with more brought on as
business dictates. The petitioner indicates that there is more than adequate space for customers
and employees. Staff agrees that the site has much more parking than necessary for the proposed
use and believes that two of the existing stalls are problematic from a traffic circulation standpoint
and should be eliminated from the parking plan. Stall 1 should be removed as it infringes directly
upon the entrance aisle from Jackson Street creating a 17 foot entrance when 24 feet is required.
Stall 18 is also problematic as it is accessed directly from the drive aisle /entrance off the High
Avenue entrance creating a potential conflict point at said entrance.
Additionally, the site plan shows the parking tight against the sidewalk and building. While
buildings can maintain a zero foot setback in the C -3 District, parking areas are to maintain a 3.5
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. However, staff suggests
that vehicles be parked no closer than 3.5 feet to the sidewalks on High Avenue or Jackson Street
and the sidewalk/right -of way be protected from overhanging cars by means of wheel stops or
curbing. In addition, no vehicles are parked in the vision triangle, which is 20 feet in either
direction from the northwest corner of the property. Except for the two stalls mentioned above, the
current parking lot configuration provides conforming access to all stalls and service bays.
In general, it does not appear that the proposed motorcycle 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
Staff recommends a finding that the proposed conditional use permit request is consistent with
Sections 30 -11(D) of the Zoning Ordinance and be approved with the following conditions:
1) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson
Street and protection of the sidewalk be provided by means of wheel stop or curbing.
2) Area designated as parking stalls 1 and 18 are not utilized for parking.
3) No storage of parts or equipment outside of the building.
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.
Item - 222 Jackson- Cycle Service CUP
Mr. Buck presented the item and reviewed the site and surrounding area as well as the current land
uses and zoning classifications. He also discussed the history of the site, reviewed the site plan,
and discussed removal of two parking stalls which staff felt would be problematic due to their
location on the site. He also discussed the use of wheel stops or curbing to protect the right -of-
way from overhanging vehicles on High Avenue and Jackson Street.
Mr. Borsuk stated that the staff report made reference to the site being legal /nonconforming and
requested staff to expand on this matter. He also inquired if the conditional use permit will allow
the activity on the site to be expanded to automobile service as well as motorcycle service and how
the condition relating to no storage of parts or equipment outside would affect refuse or a dumpster
stored outside the structure.
Mr. Buck replied that the reference in the staff report to legal /nonconforming was in relation to the
parking lot and at some time when the lot would be reconstructed, it would have to comply with
current code standards. The conditional use permit was for motorcycle service only and
automobile sales /service was not included in this request however a condition could be added to
the request to address this if Commission members so desired. Mr. Buck further stated that
screening would have to be utilized if a dumpster was installed on the site which would be
regulated by current code standards and the condition relating to no outside storage was meant to
address parts or other equipment used on the site.
Mr. Hinz questioned if parking stalls 410, 11 and 17 should also be removed from the site plan as
417 is also adjacent to the driveway on High Avenue and 910 and 11 are near the corner of the
intersection.
Mr. Buck responded that stall #17 is adjacent to the driveway on High Avenue however this
entrance is larger than the driveway opening on Jackson Street so it should not be an issue. In
regard to stalls #10 and 11 on the corner, staff did not have any concerns about their location as far
as visibility at the intersection.
Mr. Thorns questioned if a condition should be added to this request mandating that the parking lot
life could not be extended by resurfacing as it is currently nonconforming. Mr. Thorns also
inquired about signage for the site.
Mr. Burich replied that we have added a condition addressing this in the past to sites that have an
asphalt surface as it is easier to mill off and repair and also has a shorter life span. In this case, the
parking lot surface is a concrete base so he did not feel that a condition addressing this issue would
be necessary. He also stated that code requirements would dictate what would be allowed for
signage on the site.
Ms. Lohry inquired about code requirements for noise at the subject site as she felt the servicing of
motorcycles could create a noise issue.
Mr. Burich responded that the noise ordinance is administered by the Health Department and
municipal code designates the amount of noise that is allowed with restrictions before 7:00 am and
after 10:00 pm.
Item - 222 Jackson- Cycle Service CUP
Mr. Buck added that this is a heavily traveled commercial district and he did not anticipate noise
issues to be a problem as it would be in a residential neighborhood.
Ms. Lohry stated that she felt noise jumps and could affect other areas around the subject site.
Mr. Burich replied that noise levels are monitored at the property line and would be addressed if
complaints are received and noise levels are in excess of the code requirements at the property
lines.
Ms. Lohry also commented that she felt setbacks for landscaping on the site would be an aesthetic
improvement.
Ms. Propp questioned if there were any issues with obstructions in the vision triangle area for the
site.
Mr. Buck responded that the applicant has not indicated that anything would be located in this
area.
Mr. Burich added that regulations pertaining to the vision triangle would not be applicable in this
case as it is a controlled intersection.
Ms. Propp also questioned if parking outside should be restricted as it has been for automobile
service facilities in the past.
Mr. Buck replied that parking overnight is permissible in a C -3 zoning district and that the service
related use is what is requiring the conditional use permit approval.
Mr. Burich added that sales would also be a permitted use on the site however inoperable
motorcycles would not be allowed to be stored outside.
Mr. McHugh inquired if the parking lot met current code standards.
Mr. Burich reiterated that the parking lot is currently considered legal /nonconforming in its
existing condition however it is a concrete surface and does not require maintenance at this time.
At some point when the parking lot would have to be replaced, current code standards would have
to be met at that time.
Mr. McHugh questioned if this should be added as a condition for this request.
Mr. Bowen stated that this is already addressed in the ordinance and adding this as a condition
would be unnecessary.
Mr. Borsuk inquired why landscaping requirements were not added as a condition for this request.
Mr. Burich responded that the conditions imposed must relate to mitigating any negative impacts
of the proposed use.
Item - 222 Jackson- Cycle Service CUP
Mr. Borsuk commented that the re -use of an existing facility is nice however he felt it would be
more aesthetically pleasing if the development could be somewhat enhanced.
Mr. Burich replied that we cannot put any conditions on the request that are not related to the
proposed use and over time, the nonconforming situation will be corrected as any other use re-
occupying the site not going through CUP would not have to install the landscaping.
Mr. Vajgrt commented that the service station previously located on the site had been closed down
for several years and questioned if the underground tanks had been removed from the site.
Mr. Burich responded that this was an issue between the property owner and the Wisconsin
Department of Natural Resources (WDNR) and the city does not monitor these types of situations.
Aaron Sennhenn, 517 Ohio Street, petitioner for the request, stated that he has the necessary
documentation from the WDNR that the underground tanks had previously been removed and the
furnace for the structure was the main issue at this time. He further stated that hours of operation
would be 9:00 am until 6:00 pm, Monday through Friday, and 9:00 am until 2:00 pm on Saturday.
He did not have an issue with the removal of the two existing parking stalls referenced in the staff
report and he was also planning on removing stall # 17 as well. He did not plan on any outdoor
storage on the site and the dumpster and any parts would be kept inside the structure. He was open
to discuss landscaping for the site in spring however the whole site is concrete other than the small
area on the corner.
Mr. Thorns questioned if the petitioner was planning on sales at this location as well as service.
Mr. Sennhenn replied that this was a 50/50 partnership for the business and no plans for
motorcycle sales were anticipated for the site. He also commented that no automobile service
would be done at this location either.
Mr. Hinz commented that he did not feel that noise would be an issue as motorcycle repairs would
be completed inside the service bays, not outdoors, and the Police Department is located a block
away so they would easily be aware of an issue.
Motion by Vajgrt to approve the conditional use permit to establish a motorcycle service
facility at 222 Jackson Street as requested with the following conditions:
1) No vehicles are parked closer than 3.5 feet to the sidewalks on High Avenue or Jackson
Street and protection of the sidewalk be provided by means of wheel stop or curbing.
2) Area designated as parking stalls 1 and 18 are not utilized for parking.
3) No storage of parts or equipment outside of the building.
Seconded by Bowen. Motion carried 9 -0.
Item - 222 Jackson- Cycle Service CUP
4
O.IHKO.IH
ON THE WATER
City of Oshkosh Application
❑ Planned Development Review
I Conditional Use Permit Review
* *PLEASE TYPE OR PRINT USING BLACK INK **
SUBMIT TO:
Dept. of Community Developmei
215 Church Ave., P.O. Box 1130
Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
Date: 9 - 1 1 0
Petitioner's Address: 5 — / -� a ; - o 3 "t. e- City: 0 5 h A 0 � State: WL Zip: '7
Telephone #: (q 7 Fax: Other Contact # or Email:
q- ZU3 - (2 ° /S
Status of Petitioner (Please Check): ❑ Owner ❑ Representative Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Date:
Owner(s): 6A y 'f' i Y1 1 C Date:
Owner(s) Address: J 3 S �j v 1 G' City: l 1.�� S Stater Zip: -W
Telephone #: Y
-- 7
�— j '}:� F es; Other Contact # or Email:
( )
Ownership Status (Please Check): ❑ Individual ❑ Trust . O Partnership XCorporation
Property Owner Consent: (required)
officials and/or employees may, in the performance of their functions, enter upon the
By signature hereon, UWe acknowledge that City
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 incomplet submissions or other administrative reasons.
-- ✓' �` 6.r Date: /
Property Owner's Signature:
SITE INFORMATION
Address/Location of Proposed Project: ` �G('I<<%1� i S `{ f��GT Parcel
Proposed Project Type: !I / ! C [ C + r
Current Use of Property: V Q C a ni � ZO g '
Land Uses Surrounding Site: North: Os,�- 1 d; J
South:
East: _S � s 1 cc , V 1' /! `l l l 41o,(, Le /
West: � a ap- e i
* *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.wi.us/ Community _Development /Planning.htm /
Staf Date Rec'd / -7
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.
2.
Pedestrian and vehicular circulation and safety.
P C Q PpV j 2
Oise, air, water, or othe forms of environmental pollution.
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4.
The demand for and availability of public services and facilities.
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Character and future development of the area.
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SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
➢ A NARRATIVE of the proposed conditional use/Development Plan including:
❑ Existing and proposed use of the property
• 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
❑ 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
• Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.
• 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
❑ Two (2) 8 '' /z" 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 AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
❑ 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
• 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.
• 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
❑ 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.
`� , 2
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The Premier Group Of Oshkosh
222 Jackson St-- Conditional Use Statement
Proposed use of the 222 Jackson St site is motorcycle repair which is similiar to the
previously granted use by the city of Oshkosh council in 1999 for the sales and service of
cars and light trucks.
The property is currently vacant for more than-1 year so the previous conditional use
permit has expired.
There will be 2 employees and possibly more if business warrants - -the business will
specialize in the repair /renovation of Harley- Davidson motorcyles with the employees having
an established reputation in the area.
There should be no negative impact on the neighboring properties as the property is an
area C -3 zoned business district.
There is more than adequate space for vehicle parking for customers and employees on the
property with no negative impact with this business use.
Please grant the conditional use permit so we can take a vacant property in a high
visible /high traffic central city location and continue the business development in this
area.
Sincerely,
T & M Stein, LLC
The Premier Group Of Oshkosh 3475 Omro Rd Suite 100 Oshkosh, WI 54904
Phone: (920)420-2505 Fax: (920)236 -3807 David Spanbauer Nelson- -Jacks
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H. Joseph Hildebrand
H. Joseph Hildebrand
Attorney at Law
309 High Avenue
Oshkosh, Wisconsin 54901
1/20/2011
City of Oshkosh
Planning Services Division
PO Box 1130
Oshkosh, WI 54903 -1130
RE: T &M Stein, LLC
Dear Commission,
Phone: (920) 235 -4440
Fax: (920) 235 -8361
E -mail: hildelaw @yahoo.com
I the owner of the property directly next to 222 Jackson Street, Oshkosh, Wisconsin.
I have no objection to the proposed use of the property as provided for by T &M Stein,
LLC. In fact, I welcome a new neighbor.
Please advise if you have any questions.
Very Truly Yours,
o�6 &osepk Cil�ebrr�
H. Joseph Hildebrand
HJH:mjw
cc: T &M Stein, LLC
JAN 2 4 2011
1r -
MOTORCYCLE REPAIR FACILITY
222 JACKSON ST
PC: 02 -01 -11
MINGUS DANIEL L /LINDA M
PO BOX 619
OSHKOSH WI 54903 0619
RE 304 HIGH AV
HILDEBRAND JOAN
309 HIGH AVE
OSHKOSH WI 54901 4735
SENNHENN AARON
517 OHIO ST
OSHKOSH WI 54902
WIS BELL INC
722 N BROADWAY ST
MILWAUKEE WI 53202 4396
RE 315 ALGOMA BLVD
STEIN LLC T & M
1535 COVINGTON DR
OSHKOSH WI 54904 8223
RE 222 JACKSON ST
SDD LLC
PO BOX 306
RIPON WI 54971 0306
RE 303 HIGH AV
CITY OF OSHKOSH RDA
PO BOX 1130
OSHKOSH WI 54903 1130
RE JACKSON & HIGH VACANT LOTS
SANDYS OF OSHKOSH INC
2100 S KOELLER ST
OSHKOSH WI 54902 9202
RE 409 ALGOMA BLVD
MURKEN TRUST TODD /MARY
1729 KNAPP ST
OSHKOSH WI 54902 6608
RE 338 PEARL AV
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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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FACILITY
222 JACKSON 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
MOTORCYCLE REPAIR
FACILITY
222 JACKSON ST
Scale 1 " = 60'
0
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City of Oshkosh
Department of
Community Development
01112/11
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