HomeMy WebLinkAbout16. 12-166
MARCH 27, 2012 APRIL 10, 2012 12-116 12-166 ORDINANCE
FIRST READING SECOND READING
(CARRIED___5-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE REZONING PROPERTIES GENERALLY LOCATED
NORTH OF CUSTER AVENUE, SOUTH OF NEVADA AVENUE,
EAST OF MOUNT VERNON STREET & WEST OF BROAD
STREET FROM M-2 CENTRAL INDUSTRIAL TO C-1
NEIGHBORHOOD BUSINESSWITHAPLANNED DEVELOPMENT
OVERLAY AND M-1 LIGHT INDUSTRIAL WITH A PLANNED
DEVELOPMENT OVERLAY
INITIATED BY: COMMUNITY DEVELOPMENT
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-16
(B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 30-16(B) of the Oshkosh Municipal Code pertaining to
Zoning Districts and the map therein described is hereby amended by changing the
district character of the following described area from M-2 Central Industrial to C-1
Neighborhood Business with a Planned Development Overlay and M-1 Light Industrial
with a Planned Development Overlay
From M-2 to C-1 PD: Lots 1 to 13, Block 3; also Lots 2 to 6, Block 4; also vacated
Eastman St. south of the south line of E. Nevada St. and north of the north line of E.
Custer St.; all in Pleasant Home Land Co. 1st Addition, 15th Ward, City of Oshkosh,
Winnebago County, Wisconsin plus public right-of-way abutting said lots extending to
the centerlines of E. Custer Ave., Grand St., E. Nevada Ave., and Mt. Vernon Street.
From M-2 to M-1 PD: Lots 7 to 14, Block 4, Pleasant Home Land Co. 1st Addition, 15th
Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right-of-way abutting
said lots extending to the centerlines of E. Custer Ave., Broad St., and E. Nevada
Avenue.
SECTION 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
MARCH 27, 2012 APRIL 10, 2012 12-116 12-166 ORDINANCE
FIRST READING SECOND READING CONT'D
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #12-166 APPROVE REZONING PROPERTIES GENERALLY
LOCATED NORTH OF CUSTER AVENUE, SOUTH OF NEVADA AVENUE, EAST OF
MT. VERNON STREET & WEST OF BROAD STREET FROM M-2 CENTRAL
INDUSTRIAL TO C-1 NEIGHBORHOOD BUSINESS WITH A PLANNED
DEVELOPMENT OVERLAY AND M-1 LIGHT INDUSTRIAL WITH A PLANNED
DEVELOPMENT OVERLAY on April 10, 2012. The full text of the Ordinance may be
obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
OJHKOJH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich /h
Director of Planning Services/
DATE: April 5,2012
RE: Approve Rezoning Properties Generally Located North of Custer Avenue, South of Nevada
Avenue, East of Mt. Vernon Street&West of Broad Street from M-2 Central Industrial to C-1
Neighborhood Business with a Planned Development Overlay and M-1 Light Industrial with a
Planned Development Overlay(Plan Commission recommends approval)
BACKGROUND
Zoning for this area was discussed at previous workshops and was the subject of an official zone change request
from M-2 to R-2 for the residential dwellings at 1406 and 1407 Grand Street that was subsequently denied by
both the Plan Commission and Common Council as being contrary to the Comprehensive Plan. The subject
zone change area is located in a broader industrial area characterized by a mixture of light industrial/storage and
commercial/retail uses to the north and residential uses to the east, west and south. The area historically
contained general manufacturing uses that have given way to lighter industrial uses such as contractors' yards
and storage other than the two nonconforming residential uses. The likelihood of this area becoming heavy
industrial again seems remote given the variety of property owners and uses and other better situated industrial
lands in the community.
ANALYSIS
The current zoning of M-2 Central Industrial District is one of the least restrictive districts with virtually no
design or setback standards which can be problematic when adjacent to residential uses. The M-1 Light
Industrial District allows similar uses but does have some setback and landscaping requirements for new
development and would accommodate all of the existing uses other than the two residential dwellings. A
Planned Development Overlay district applied to the subject area would allow some flexibility in the underlying
base standards with final development review coming before the Plan Commission and Common Council. The
C-1 Neighborhood Business District is a mixed-use commercial/residential district that has some development
standards but not to the extent of the C-2 or C-3 Districts and allows all M-1 Light Industrial uses through
conditional use permit. The Plan Commission was presented seven various zone change options for
consideration for the subject area including changing zoning to either C-1PD or M-1PD, a combination of both,
or leaving the existing zoning designation as is.
Staff examined the subject area in context with the surrounding neighborhoods and feels that the proposed
zoning acts as the best transitional zoning district to buffer the heavier manufacturing areas to the north from the
residential neighborhoods to the south and the railroad line to the east. The C-1 zone is a flexible zoning district
offering property owners more land use potential than the existing M-2 district by adding residential as a
permitted or conforming use within the district and imposing some landscaping and setback standards to
upgrade development in the neighborhood as new development occurs, whereas the existing M-2 district has
little or no standards.
Changing the zoning of just the two residential properties in this case could be classified as "spot zoning"and
would impart differing zoning district requirements on other properties within the block, which the C-1 zoning
would not. Spot zoning occurs when a zoning ordinance is amended to zone a relatively small area for uses
significantly different from those allowed in the surrounding area to favor the owner of a particular piece of
property. In this case, even though the block to south is zoned R-2,the majority of the abutting lands around the
two residential properties are zoned M-2 and thus a spot zone. Further,the original residential zoning
applicant's request for the zone change to residential is motivated in large part, understandingly,to allow for
easier sale of the property because the secondary mortgage market has some difficulty financing residential uses
(regardless of the conforming status)meaning a loan on the property will most likely be a local lender that
retains the loan in-house. The issue of financing is more problematic if the structure is"nonconforming"and
thus why staff feels the move to the commercial zone helps meet some of the applicant's needs while not
compromising good land use planning and zoning practices.
Staff has met with the residential property owner and her realtor to discuss some of their stated concerns at
previous Council meetings and offered any assistance relative to alleviating any concerns potential lenders or
appraisers would have about the commercial zone status including writing the rebuild letters and personally
discussing the zoning and land use situation with them.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its March 6, 2012 meeting.
Approved,
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City Manager
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ITEM: ZONE CHANGE FOR TWO BLOCK AREA BOUNDED BY MT. VERNON
STREET ON THE EAST; NEVADA AVENUE ON THE NORTH; BROAD
STREET ON THE WEST; AND CUSTER AVENUE ON THE SOUTH
Plan Commission meeting of March 6, 2012
GENERAL INFORMATION
Applicant: City Administration
Property Owners: Multiple
Action(s) Requested:
Staff has prepared several alternative zoning scenarios for the subject area and is requesting the Plan
Commission evaluate and recommend one of the options.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning from
one classification to another but relies on the Comprehensive Plan and good planning principles.
Property Location and Background Information:
Zoning for this area was discussed at previous workshops and was the subject of an official zone
change request for the residential dwellings at 1406 and 1407 Grand Street that was subsequently
denied by both the Plan Commission and Common Council as being contrary to the Comprehensive
Plan land use plans for the area. The zone change request was to change the zoning from M-2 to R-2,
which would then make the residential dwellings "permitted uses"versus being non-conforming uses
in the industrial zoning district.
The subject zone change area is located in a broader former industrial area that runs to the north to
Murdock Avenue and to the east north of Nevada Avenue to Bowen Street. The area to the north is
characterized by a mixture of general and light industrial uses, storage, and commercial/retail. The
areas to the east and west are generally older residential neighborhoods. The area to the south along
Custer Avenue is residential.
The subject area historically contained viable manufacturing uses that have since given way to more
light industrial uses characterized primarily by contractors' yards and storage. The two residential uses
in the subject area actually predate zoning in the City and appear to have been nonconforming uses
since zoning was adopted by the City in 1926.
The ability of this area to once again become a major industrial area seems remote given the
development of the City's industrial parks to the north and more convenient access to highway
transportation. Light industrial uses, storage, and contractors yards would seem more prone to want to
locate in these areas as has currently occurred and as evidenced in other similarly situated areas in the
central city (i.e. south shore, Witzel Avenue near central garage, 20th Avenue near Pepsi plant).
The residential areas to the south, east, and west will remain residential for the foreseeable future and
thus the subject area has the ability to exert some influence on the quality of life in these
neighborhoods, making the base zoning for the subject area an important factor for overall
neighborhood stabilization efforts. The subject area could be considered a"buffer" area to those
surrounding residential neighborhoods.
The presence of the railroad tracks along Broad Street also exerts some influence in the neighborhood
especially on those properties adjacent to the tracks. Activity along the railroad is expected to be the
same or increase in the future as the railroad continues to improve facilities along the route. There are
an estimated 20-25 train trips daily with the trains lengthening up to a mile.
The largest property (4.88 acres) at 1402 Mount Vernon Street has been the subject of redevelopment
discussions to mixed-use but to date nothing has been submitted to the City in that regard.
Subject Site
Existing Land Use Zoning
Residential and Light Industrial and Storage M-2
Adjacent Land Use and Zoning
Existing Land Uses Zoning
North Industrial M-2
South Residential R-2
East Industrial M-2
West Industrial M-2
Comprehensive Plan
Land Use Recommendation Use Category
10 Year Land Use Recommendation Industrial
20 Year Land Use Recommendation Industrial
ANALYSIS
Current Zoning
The current zoning of the area is M-2 Central Industrial District which was established to help deal
with older central city locations and is one of the least restrictive zoning districts with virtually no
design or setback standards. The M-2 zoning district can work well when it is buffered with a
transitional district, such as commercial, but in close proximity to residential uses it becomes more
concerning due to there being little or no design and setback requirements. The subject area is directly
adjacent to three blocks of residential uses along the south side of Custer Avenue. There are also
residences to the east and west.
The M-1 Light Industrial District allows similar uses to the M-2 district but does have some setback
and landscaping requirements for new development. The M-1 district would accommodate all of the
existing uses in the subject area as "permitted" uses except the two residential dwellings. Furthermore,
all structures and uses that were conforming at the time of adoption of the Ordinance (which all are in
this area, except the residential) are considered to be "conforming" and the new standards would only
apply to new developments and expansions. As many of these lots are small and already intensely
developed, with little or no room to expand, the impact should be minimal, if any. However, to help
Item-Zane change Grand Street area 2
deal with any unforeseen future development difficulties, staff is proposing to apply the Planned
Development Overlay district to the subject area that can allow some flexibility in the underlying base
standards of the zoning district with final development review coming through the Plan Commission
and Common Council versus the Board of Appeals.
The C-1 Neighborhood Business District is a mixed-use commercial/residential district that has some
development standards but not to the extent of the C-2 General Commercial District and does not
provide for as intense development as the C-3 Central Commercial District with no setback standards.
The district is established to preserve and permit neighborhood commercial areas and mixed use
commercial/residential development. The district also allows all M-1 Light Industrial uses through
conditional use permit.
Zoning Options
Staff has developed several zone change options for consideration that will be listed in order of staff
preference (please see attached maps).
Option # 1 change zoning to C-1PD and M-1PD
This option allows residential uses in the C-1 area, thus removing the nonconforming status of the two
residential dwellings and would provide the ability to redevelop the former Gray Marine (Lenox,
Waite Grass Carpet) into a mixed-use development that could include light industrial and commercial
uses. The two contractor's yards along Grand Street could be made "conforming uses"by classifying
them as permitted through the Planned Development. M-1 is retained along the rail corridor
recognizing the influence it has in the neighborhood.
Option #2 change zoning to C-1 PD
This option simply changes the entire area to C-1PD versus incorporating the M-1 in the area along the
railroad tracks. There really is not a significant difference between the two zoning districts other than
the M-1 has more intense setbacks and the C-1 allows residential uses.
Option #3 change zoning to C-1 PD for portion of area
This option would change the zoning to C-1 for the entire Gray Marine block and the majority of the
block face across Grand Street. The downside is that it leaves the area along Broad Street unchanged
and again with little or no landscape or design standards in this transitional area. Also as the zoning
changes from less restrictive to more restrictive (M-2 to C-1), additional transitional yard standards are
imposed on the less restrictive district and without the PD designation, new development would have
to go through the Board of Appeals if dimensional regulations could not be met.
Option #4 change zoning to C-1 PD for smaller portion of area
This option would scale back the zone change to the Gray Marine block and for the parcel across
Grand Street at 1406 Grand Street. The positive feature is that it makes the residential uses
conforming and allows for mixed use residential development of the Gray Marine building. The
downside is that it doesn't touch the rest of the zoning in this transitional area and the C-1 will impose
differing setback requirements along Grand Street requiring new development to potentially have to go
through the Board of Appeals. Again, by not changing the zoning to at least an M-1 zone, there are
little or no design and setback standards.
Item-Zone change Grand Street area 3
Option # 5 change zoning to C-1 PD for only the Gray Marine block
This option would only change the zoning for the Gray Marine block and leave the property at 1406
Grand Street as nonconforming. As stated earlier, this is a transitional or buffer area between the
heavier industrial activity to the north and residential area to the south. By leaving half the area in M-2
zoning it does nothing to help buffer or positively impact the residential areas to the south.
Option # 6 change the zoning of the two residential properties to C-1 PD
This option changes only the zoning of the two residential properties to C-1PD to make them
conforming uses and does nothing to impact the rest of the area. It is really just spot zoning and poor
planning for this area but does achieve the original objective of the applicant's zone change request.
Option # 7 Status Quo-No Zone Change
This option retains the status quo for the area by not changing the zoning. The residential uses remain
non-conforming, the Gray Marine building cannot redevelop to a mixed-use site, and any
redevelopment in the area will not be required to provide any landscape or setbacks and thus not
positively contributing to the stabilization of the residential areas around the block.
RECOMMENDATION
Staff feels the best option for the area is Option#1 as it allows the residential uses to remain, allows
for mixed-use, commercial or light industrial redevelopment of the area, can ensure that no
nonconformities are created, and can use the PD to deal with any future developments and
development difficulties imposed by the new zoning. It also helps to transform this two block area into
more of a transitional area between the industrial to the north and residential to the south.
The Plan Commission approved of Option#1 for the zone change as requested. The following is the
Plan Commission's discussion on this item.
Zoning for this area was discussed at previous workshops and was the subject of an official zone
change request for the residential dwellings at 1406 and 1407 Grand Street that was subsequently
denied by both the Plan Commission and Common Council as being contrary to the Comprehensive
Plan land use plans for the area. The zone change request was to change the zoning from M-2 to R-2,
which would then make the residential dwellings "permitted uses"versus being non-conforming uses
in the industrial zoning district. The subject area historically contained viable manufacturing uses that
have since given way to more light industrial uses such as contractors' yards and storage. Staff is
presenting seven different options to accommodate the various uses in this area.
Mr. Bunch presented the item and reviewed the site and surrounding area as well as the zoning and
land use in said area. He explained that out of the various zoning scenarios offered, staff's preference
was Option#1 to change the block to the west and a portion of the block to the east to C-1
Neighborhood Business District with a Planned Development Overlay and change the remaining
portion of the block to the east along the railroad tracks to M-1 Light Industrial District with a Planned
Development Overlay. This option would accommodate all the existing uses in the area including the
two residential homes. He also reviewed the other options presented in the staff report for
consideration.
Ms. Propp questioned why the area designated to be changed to M-1 PD was not extended down to the
residential lot at 1406 Grand Street.
Item-Zone change Grand Street area 4
Mr. Bunch responded that the City was looking to have symmetry with this zone change and, as
proposed, it creates a buffer area between the industrial and residential uses. Light industrial uses are
also allowed in the C-1 zoning district.
Bob McGuire, First Weber Real Estate, stated that he was listing the home at 1407 Grand Street and
the ability to sell it with the M-2 zoning designation was impossible as buyers were not able to obtain
financing for the purchase. He further stated that what is being proposed would help but it will still put
some hardship on the buyer. The home is a 1920's era structure and is in excellent condition and
would be most likely a first-time home buyer's opportunity. The C-1 designation would require the
City to issue a rebuild letter at the time of sale.
Mr. Bunch indicated that the City would not have any issues with this as the home could be rebuilt on
the site with a C-1 zoning classification as it is a permitted use in this district.
Mr. McGuire stated that a letter from the appraiser would also be necessary indicating that the
residential use was the highest and best use of the land. Considering the amount of other residential
uses in the area, he did not see any reason to make selling the property more difficult for the owners.
Lola Schroeder, owner of the property at 1407 Grand Street, discussed the Fair Acres site recently
being developed and the base standard modifications allowed. She felt it was unfair that the City
would give allowances to this developer but would not permit any allowances to her when it comes to
the desired zoning classification she seeks.
Mr.Nollenberger commented that since the original request to change the zoning from M-2 to R-2 for
the residential properties was voted down by both the Plan Commission and Common Council, he felt
that Option#1 was the best choice.
Mr. Cummings commented that the banking regulations have caused the change in the industry and
these changes in regulations are taking place on a daily basis and he felt we must do what is best for
the City when considering the zone change for this area.
Mr. Bowen stated that we need to reference the Comprehensive Plan and although there is no way to
predict what will happen in this area in the future, there is no perfect solution for every property owner
in this area. Option#1 would accommodate the petitioner and respects the Comprehensive Plan as C-
1PD allows for existing uses as permitted uses.
Ms. Propp inquired what the outcome of the neighborhood meeting was as she was unable to attend.
Mr. Burich responded that only three property owners attended and two were the residential property
owners requesting the zone change with the remaining one being the party with the storage and
workshop use. The zoning Option #1 was the best choice as it permitted all current uses in the area.
Property owners were also notified of the Plan Commission meeting today.
Mr. Thorns questioned if local zoning standards have allowed C-1 in other residential areas of the city
and if the zoning letter mentioned by Mr. McGuire would be obtainable.
Mr. Burich responded affirmatively to both inquiries.
Item-Zone change Grand Street area 5
Ms. Propp stated that she would support Option#1 for the zone change and questioned if the M-1 PD
zoning designation would extend to the center of the railroad tracks.
Mr. Burich responded affirmatively.
Motion by Nollenberger to approve the zone change Option #1 for the two block area bounded
by Mt. Vernon Street on the east, Nevada Avenue on the north; Broad Street on the west; and
Custer Avenue on the south from M-2 to C-1 PD and M-1 PD.
Seconded by Cummings. Motion carried 8-0.
Item-Zone change Grand Street area 6
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REZONING PETITION KIENAST LUVERN FOX VALLEY & WESTERN LTD
GRAND ST AREA 765 N WASHBURN ST 17641 S ASHLAND AVE
PC: 03-06-12 OSHKOSH WI 54904 7721 HOMEWOOD IL 60430
222 E NEVADA AVE LLC 1550 HARRISON CORP TOWERY MATHEW C/JILL M
1734 RIVER MILL RD 1734 RIVER MILL RD W629 BROOKLYN J
OSHKOSH WI 54901 2769 OSHKOSH WI 54901 2769 RIPON WI 54971
KAELIN JOHN W/JULIE R NOFFKE LAND INC OTTO TRACY M
1503 MOUNT VERNON ST 2200 WHITE SWAN DR 1335 BROAD ST
OSHKOSH WI 54901 3024 OSHKOSH WI 54901 2567 OSHKOSH WI 54901
MOKLER PROPERTIES INC ADAPTIVE PROPERTIES LLC NIGL LEE A/PATTI J
110 CIMARRON CT STOP 1 460 BROAD ST 1334 GRAND ST
OSHKOSH WI 54902 7218 OSHKOSH WI 54901 5159 OSHKOSH WI 54901 3872
BROAD STREET PROPERTY LLC EISCH TERRENCE S BERRIG MARJORIE R
3030 SHOREWOOD DR 1762 RIVER MILL RD 1731 OAKRIDGE PL
OSHKOSH WI 54901 1648 OSHKOSH WI 54901 2769 NEENAH WI 54956 2116
AVERY-DEWITT IAN/LAUREL B RUCK THOMAS G POPPELL KRISTI L
1429 HARRISON ST 434 WINDINGBROOK DR 488 SUN LAKE CIR APT 100
OSHKOSH WI 54901 3037 OSHKOSH WI 54904 7884 LAKE MARY FL 32746 2459
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1337 GRAND ST 3945 SUMMERVIEW DR 1408 BROAD ST
OSHKOSH WI 54901 OSHKOSH WI 54901 1288 OSHKOSH WI 54901 3048
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PO BOX 2941 1406 GRAND ST 1334 EASTMAN ST
OSHKOSH WI 54903 2941 OSHKOSH WI 54901 3056 OSHKOSH WI 54901 3824
CEREBRAL PALSY OF MIDEAST WINNEBAGO CTY HOUSING AUTH SCHROEDER REV TRUST LEROY
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PO BOX 1241 OSHKOSH WI 54903 0397 378 N SCHROEDER RD
OSHKOSH WI 54903 1241 FREMONT WI 54940 0000
BESON DENNIS/SYLVIA RESOP LYNN N REYNOLDS WALTER S
1117 HARNEY AVE 1921 BEECH ST 1334 BROAD ST
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DISCLAIMER REZONING PETITION BOUND BY Osilt
This map is neither a legally recorded map nor
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This drawing is a compilation of records,data O.IHKOIH
and information located in various city,county
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the area shown and it is to be used for reference N V ox n e WATER
of Oshkosh
purposes only. The City of Oshkosh is not re- Department of
sponsible for any inaccuracies herein containgd. I
If discrepencies are found,please contact the Community Development
City of Oshkosh.
Scale: 1" = 150' 02127!12
Created by-dff
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DISCLAIMER REZONING PETITION BOUND BY
This map is neither a legally recorded map nor
a survey and It Is not Intended to be used as data M T VERNON S T/NEVADA AV/
This drawing in located compilation o records,data O.IHKOIH
and infate offic and o in other sources city,a ring BROAD ST/ C U STE R AV TAT ON THE WATER
and state offices and other sources affecting l�
the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained. Department of
If discrepencies are found,please contact the ` Community Development
City of Oshkosh.
Scale: 1" = 1000' 02/27/12
Created by-dff
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DISCLAIMER REZONING PETITION BOUND BY
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This map is neither a legally recorded map nor
a survey and it is not intended to be use as one. M T V E R N O N S T/NEVADA AV/
This drawing is a compilation of records,data 01HKOJ H
and information located h r sources city,county BROAD ST/ C U STE R AV
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. Th e City of Oshkosh is not re- Department Of
sponsible for any inaccuracies herein contained. i.
If discrepencies are found,please contact the Community Development
City of Oshkosh.
Scale: 1” = 150' 02/27/12
Created by-dff
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