HomeMy WebLinkAbout06. 15-236
MAY 12, 2015 15-236 RESOLUTION
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN EXCEPTION
TO THE DOWNTOWN OVERLAY DISTRICT STANDARD
MODIFICATION; 401 NORTH MAIN STREET
INITIATED BY: BAERBROTHER, LLC
PLAN COMMISSION RECOMMENDATION: Found consistent with Standards set forth
in Section 30-11(D) of the Zoning Ordinance and approved w/conditions
WHEREAS, the applicant desires to install an exhaust vent through a window
opening on the building’s North Main Street façade at 401 North Main Street; and
WHEREAS, the Plan Commission recommends approval of the above requested
exception to the building design standards of the Downtown Overlay District
NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit is hereby approved under Section 30-11 of the
Oshkosh Zoning Ordinance for an exception to the building design standards of the
Downtown Overlay District as noted above, with the following conditions:
1) The vent cap is decorative in nature and match the historic context of North Main
Street and the building, as determined by the Department of Community
Development; and
2) An encroachment agreement for the vent extending over the North Main Street
right-of-way is established between the property owner and the city.
O
QlHE W. JH
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: May 7, 2015
RE: Approve Conditional Use Permit for an Exception to the Downtown Overlay
District Standard Modification; 401 North Main Street (Plan Commission
Recommends Approval)
BACKGROUND
The subject propeRy is a 0.04 acre parcel of land located at 401 North Main Street at the
northwest corner of Main Street and Algoma/Washington Avenue. The two-story brick
building is historically known as the Beckwith House. It was originally a hotel designed by
famous Oshkosh architect William Waters and constructed in 1876 following the destruction
of its four-story predecessor in the Great Fire of 1875. It is an Italianate building with
elaborate pressed metal hood moldings capping all second floor windows and is the only
corner building of its type in Oshkosh. It has been sensitively maintained over the past 140
years and is considered a pivotal structure within the National and State Register of Historic
Places - North Main Street Historic District (Listed in 1996).
ANALYSIS
As part of the coffee shop and cafe business, the petitioner will be installing a functional and
decorative commercial coffee roaster and associated venting. The petitioner investigated
several locations for the roaster within the building structure and concluded that the most
viable area within the cafe is on the northeastern wall near the kitchen and customer service
counter. After identifying the location for the roaster placement, the single e�cterior vent was
examined and determined that the most appropriate location is out a transom style window
on the northern portion of the North Main Street side of the building. The alternatives
included going through the roof which was found to be infeasible due to the impact on the
upper floors or running the venting through to the Algoma Boulevard side which was also
problematic as it would require excessive internal modifications and penetration of the brick
fa�ade permanently altering the historic structure. Venting through the Main Street windows
was most desirable as the duct work would be minimal and there would be no permanent
alteration to the building so the structure can be restored to its original state if the venting was
to be removed. The petitioner has indicated that the vent can be customized in design and
appearance to compliment the building's character with approval of the Department of
Community Development. The Oshkosh Landmarks Commission reviewed the request and
made the unanimous determination that the proposed impact is not significant and the vent
location selected was the best viable option.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of the request at its May 5, 2015 meeting.
Approved,
r`��-,��'H-
City Manager
ITEM: CONDITIONAL USE PF,RMIT APPROVAL FOR AN EXCEPTION TO
THE PROVISIONS OF THE DOWNTOWN OVERLAY DISTRICT AT
401 NORTH MAIN STREET INEW MOON CAFE)
Plan Commission meeting of May 5, 2015
GENERALINFORMATION
Applicant: New Moon Cafe, LLC
Owner. Bae�brother. LLC
Acfion(s)Requested:
The applicant is requesting approval of a conditiona] use permit Yor an exception to the buildi�g
desi�m standazds of thc Uowntown Oveday District to i�stall an exhaust vent through a window
opening on the building's NoRh Main Street fagade.
Applicable Ordivance Provisious:
Zoning Ordinance Scction 30-27(F) of the Downtown Oveday DistricYs design standards require
that all mechanical equipment and utilities be screened from public view by: 1) locating them at the
rear of the building, aloug an alley faqade or on thc building roof; 2)usiug architectural screen
walls/dcvices o� Landscaping to block view; or 3) setback on the roof to not be visible from adjacent
streets. The Zoning Ordinance establishes criteria and guidelines for establishment a�d/or
amendme�t of a Conditional Use Permit in Scetion 30-t 1(D).
Rackground Information Property Location and Type:
The subject property is a 0.04 acre pazcel of land located at 401 North Main Street at the noRhwest
corner of Main Street and Algoma/Washington Avenue. The two-story brick building is historically
known as the Beckwith House. It was origioally a hotel designed by famous Oshkosh architect
WiLliam Waters a�d constructed in 1876 following the destruction of its four-story predecessor in
the Great P'ire of 1875. lt is an Italianate building with elabo�ate pressed metal hood moldings
cappi�g all second floor windows and is the only corner building of its type in Oshkosh. It has
been sensi[ively maintained ovec the past 140 ycars and is considered a pivotal strucmre within the
National and State Register of Historic Places - North Main St�eet Histode District(Listed in 1996).
Subject Site
� Existingland (Ise �i Zoni�_ �
Mixed Use-Uround Floor Reta�l & Opper Floor Residential_ _ _ _ � C-3 DO
Ad'acent Land Use and Zoning . __ _
—
Existing Uses � Zoning __ .
LNorth � Mixed Use-Grou�d Floor Retail & Uppec Floor Residential ���. C3 DO
---..._ ...
I South I Open Space - Opera f{ouse Square : C-3 DO_ _
East � Commemial—Office&Retail I C-3 DO
West Multiple Fami� ' G3 DO
� Comprehensive Plan Land Use Recommendatron Land Use !,
I 10 Year Land Use Recommendation Mixed Downtown '
20 Year L.a�d Use Recomme�datio� Mised Dowritown '.
ANALYSIS
As part of the coffee shop and cafe business,the petitioner will be installing a functional and
dccorative commemial coffee roaster and associa[ed venting. "fhe applicant has stated that coffee
roasting produces a smell of fresh roasted coffee and does no[ have discharge like a Typical
�estau�ant hood vent but does have minimal smoke. They state that the ability to roast their owo
coffee will increase the attraction of the busi�ess and help the dow�town remain a u�ique attraction
to residents a�d visitors. Staff is of the opinion that the roastex is a feature of the business that
provides a unique attrac[iveness to the establishmen[ and will add a pleasaot "cof�ee roast' smell to
Main Street.
When locating the roaster within the establishment the petitioner investigated sevecal locations and
concl�ded that the most viabie place within the cafe is on the northeastem wall near the kitchen,
customer service counter and work space xs the southem side of the cafe's interior space is the
p�imary cusromer seating/dining area; the western portion is occupied by batkuooms, kimhen and
secondary entra�ce; and[he southeastem area is the primary North Main StreeUAlgoma Boulevazd
entrance.
After identifying the loeation for the roastec plaecment, the single exteiioi ven[location was
examined and it H�as determined that the most approp�iate bcation is out a transom style window on
the northem portion of the North Mai¢ Street side of the building, as depicted i�the attached
images. The altemative locations for the venting incWded going up tluough the roof but was found
to be unfeasible due to the impact on the upper floors and uses thereof. The ability to run the
venting through to the Algoma Boulevaid side was also problematie because it will requice ru�ning
duct work approximately 35 feet along the ceiling of the di�ing azea,would require excessive
intemal modifieations to the cafe eeiling and would also cequire penetrating the brick fapade,
perma�ently alteri�g the wall of the historic structure. "Che pctitioncr indicates in thcir narrative that
venting through the North Main Street window was most desirable as the duct w�ork needed would
be minimal, it is located approximateLy 12 feet above sidewalk grade, and there would be no
permanent altecation ro the building so that the window could be replaced and building bcought
back to its prese�t state if the vent we�e removed in the fumrc. Additionally, the petitioner has
indicared tha[the vent can be cusromized in design and appea�ance [o compliment or at least not
detract from the buildi�g's chazacter.
Staff discussed the intemal loeation of the coaster and venting extensively with the applicant and
analyzed the venting proposal in relation to its impact on the historic buildi�g, adjoining properties
and the North Main Street business distciet a�d agrees with the petitioner that the proposed ]oca[ion
is the most suitable and appropriate bcation as other alrernatives are not pcactical or desirable.
Addi[ionally, as it is set within an existing window ope�ing it will alLow it to be removed in the
Yumce without permanent alteratio�/damage to the stmc[ure. However, as the vent wil] extend out
a�d be visible f�om Nonh Main Street, staff has some concem about its look. "lhe petitioner
indicates that the appearance of the ventWent cap can be customized but details have not yet been
tinalized. As the details have not bee� supplied, staff recommends that the venUvent cap be
decorative in nature and match the historic context ofNorth Main Street and the building itself.
n:m: an�m��uam-eer��mmn�onet��s�nd,_��e�u„� z
Also, as the vent/vent cap will be situated over the public sidewalk, staff points out that an
e�croachment agceement between the property ow�er and the city will be necessary.
Si�ce the building is a contributing strucmre within the North Main Street [listoric District, the
petitio�er wen[before [he Oshkosh Iandmarks Commission to get their opinion and
recommendatio� on the use and vent location. The Landmazks Commission reviewed the reques-t
and made the unanimous determination that, as proposed, the impact is not sig�ificant arid that the
reversible natuce of the project made the proposed Main Street vent location the best option. They
did request that the Plan Commission be informed that tbece are decorative optio�s with colors tha[
will match arid blend with the building and hope that it will be take� i�to consideratio�when the
Conditional Use Permit is reviewed.
RECOMMENDATION/CONDIT I ONS
Staff recommends a finding that the proposed conditional use permit �equest for an exeeption to the
building design standards of the Downtown Overlay District is consistent with Section 30-I 1(D) of
the Zoning Ordinance and be approved with thc following conditions:
l. The vent eap is decorative in nam�e and match the histo�ic context of North Main Stceet and
Ihc building, as determined by the Depaztme�t of Community Development; and
2. An encroachment agreement for the vent extending over the North Main Street�ight-of-way
is established between the pioperty owner and the city.
The Plan Commission approved of the co�ditiona] use permit for an exeeption to the building
design standa�ds of the Downrown Overlay District with conditions noted. The following is the
Plan Commission's discussion on this item.
Mr. Buck presented the item and reviewed the site and surzo�nding azea as well as the land use and
zoning classifications in this awa. He also reviewed phoros of the pcoposed eoffee coastec whieh
would ine�ease the att�actio�m the downtown business. He discussed the bcation on the interior
of the structure for the coffee roaster and the layout of the interio� as well as the required venting for
thc roastec. Ile displayed photos depicting the location for the proposed venti�g a�d discussed
alternatives for the venting which would require alterations to both the inside and outside of the
building. He explained that the proposcd locatio�was most desirable as this option could be
reversed without causing damage m the sh�ucture. fIe also diseussed[he conditioos placed on this
cequcst to have a decocative ve�t cap installed[o ma[ch the historic context oCNorth Main Street
and [he necessary eneroachment agreeme�t as the veat would extend over[he righhof-way. He
fuRhec stated that this �eques[ was presented lo the Landma[ks Commission who approved of this
request with the eondition for the decorative vent cap with the approval of the Depanment of
Community Uevelopment.
Mr. "Ihoms commented that the vent cap should not only be decorative in �ature but should be[he
same color as the structu�e and questioned if t6e condition needed to be adjusted m address this
issue.
Mr. Buck responded that both staff and the owner had discussed this matrer and ca�ne to an
unde�sta�ding that it woald match the structure and would require approval by the Department of
Community Development before building permits coukd be obtained. �
ltenr 40IFblaen .CUPFcep�ionmDexiRnSmds 4'en[inR 3
Mr. Burich added that wording ro take this into consideration on the condition could be added if the
Plan Commission felt necessary.
Ms. Lohry questioned how far out the ven[ing would �eed ro extend from the building and if in
winter the venting would cause ice on the Main Stree[ sidewalk.
Mr. Buck replied that it would �ot protrudc any morc than signage on othei buildings on Maiu
Street and should not create any issues.
Mr. Burich added that the owner would still be responsible for mai�taining the sidewalk as faz as
clearing ice.
Mr.Thoms commented about if the amount of smoke would be limired from this vent and if the
Landmazks Commission discussed this factor as smoke could damage the brick over time if
excessive.
Mc. Buck responded nega[ively and stated that the Lendmarks Commission did not discuss this
aspec[ of the project.
Jaso� Baer, 921 Herncy Avenue, statcd that thc distauce of[he venting pipe is only a foot or two
long and the smoke generated from its use would be minimal. He diswssed commercial roasters
and stated that this model is small in comparison arid the moisture generated from its use would also
be minimal as it would only be used for 8 to 12 hours periodically in wi�ter and somewhat more
oRen in summer months. He further stated that they looked into a number of options for the venting
method a�d desired something that would look historic to bleud with the hisroric strucmre. He
stated that they are considering incorporating it into a hanging sign of some nature ro further hide
the ve�ting.
Mo�ion by Vajgrt to approve a conditiana! use permit for an exception m the pravisions oj
the Downmwn Overlay District at 401 North Main Slreet with the following condifians:
I. The vent cap is decora[ive in nalure and mntch the historic eontex!ofNorth Main S(reet and
the huilding, as determined by Ihe Departmen[of Community Deve[opmen[: and
2. An encraachment agreement for the vettt extending aver fhe North Main Stree� right-oJ-way
is established be(ween(he properry owner and thc city.
Secanded by Bowen. Mo[ion carried 9-0.
][em_ a01VMain—COPE�mp�ionmDeslRn5mds 1-cn[]ny (
, O SLBMITTO:
� CITy Of�SIIICOSII F��7pI1Cdt10R Dept.ofCommuniryDevelopmer
�lannedDevelo mentReview Z�SChurchAve.,P.O.BOx1130
P OsRkosh,Wisconsin 54903-1130
OlHKO/H Conditional Use Permit Review PHONE:(920)236-5059
o�.�E wA,EA
••PLEASE]'YPE OR PRQ�'1'L`S�'G BWCK QJIC��
APPLICANT INFORMA'I`ION �
Petitiouer: (U�f/� VIInOV� l .CL� Lt–� Date:�'�-�_J�
Petilioner's Address: �O I � MC.L[V� � 1 � CiTy: � )S V�W$� State: �Zip: c5_ �d I
Telephone#: l 1a�) GZ3c�'��I�'{.P Fa�c: ( ) Other Contact#or Email: f S �,
C4✓17
5[atus ofPetitiover(Please Check): �'Owner 0 Representative ❑Tenan[ � Pmspective Buyer � /
Pelitioner's Sigvature(required): ��'�'Y ' T` � Date: '?��– / �
—�'
OWNER INFORMATION
�
Owner(s): i �d,Sbu �L�Et 4V'oFl �GIL°l Date: u a_, �
Owner(s)Address: �IaI �'Q�L City /J,$4tK05'�l State:W�Zip: SZ`�0/
Telephone�:�) ���'WO(O Fvc: ( ) Other Confac[N or Email: GraN e+{�pe���GftiGIlJ,tyY
Ownerslilp StaNS(Please Check): O Individual ❑Trvst ❑Parmership �Colpoation
ProperTy Owner Consent: (required)
By signature hereoq UW e aclmowledge ihat City ofHcials and�or employees may,in the perfoimauce of Ihev functions,en[er upon the
property to insput or gather other info�ma[ion necessary to process this applicatiov. I also uoderstand il�a[all meeting dates are[eutative
and may be postponed by the Plaming Services Divisi v far ivcomplete submissiovs or ofher administmtive reasoas. .
PropertyOwner'sSignature: - `(�^'� / _ Da[e: �a—��
�V
STTE IlVFORMATION �
,1 ` 1 �
Address/LacatlonotProposedProject '70� /�/r Q�h ( ParcelNa.
ProposedProject'type: hSTQ ��N Cp e� OCt$TCy' 4V�CL �J'eyt-�In
CWrentUseofProperty: C.O `�'t'EP � YLOfo /�G !°F Zo
LavdUsesSursovnding5i[e: North: CO[M-W'f21°�C-C�
sau�n: s��c�0.� l �a�rk
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EuC COVYLVYLL°�`Cf�C I r
wesr C 9v�eV�GtC�� ��5[CIQu�F[� '
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"Please uote fUat a meeting notice will be mailed to all abutting pmperty ovmers regerding yoar request
➢ Apptication fees are due at time of submittaL Make check payable[a City of Oshkash.
➢ Please refer[o fLe fee sched We for apprapria[e tee. FEE IS NON-REFONDABLE
For more info�mation please the City's website at wunv.ci.oshkosh.vrius/Community_Developmenr/Planning.htm r
StaR�DafeRec'd "' ��J
aR
BrieIly esplaiu how the proposed condifioual use/development plan wID not have a negative eftect on the issues below.
1. Health,saFery,and general welfare of ocwpants of surzounding lands.
��c� ��� ,�o ��� �-���e ��F�`�-
2. Pedestnau and velticular c'uwlation and sa£eTy.
�� �� Gl uvL � [(���a.{-�Uf ��e��
3. Noise, air,water, or other folms of environmenta]pollutlon.
YyLi V� 1�wLal� S N�D �e T�tm ��C1nST��✓�
4. T6e demand for and availabiliry of public services aud FaciHties.
lJ�(�� ✓L0.N� I:L9 19 olT[�JC ���C�
S Character and future development of[t�e area.
V�b Y1 0.,'{�t�1e �^�eG�
SUBMITZ'AI.REOUIRII��NTS—Must aceompany the application to be complete.
➢ ANAItRATIVE of the proposed conditional use/Development Plan including:
❑ Er.isling and proposed use of the property
❑ Identification of all structures(iucluding paving,signage,etc J on the property a¢d discussion of theu relalion to tLe project
❑ Prqected number of residenis,employees,anNor daily customers
❑ Proposed amount of dwelling units,floor area,landscape area,aud parldng azea expressed in square feet and acreage to the
uearest one-hundredth of au acre
❑ Effects on adjoining properties to include:noise,hows of opetatioq glaze,odor,fumes,vibmtloq e[c.
❑ Compa2bility of the proposed use with adjace¢t and other properties in the area.
❑ Tra�c generation(anticipated number of customers,deliveries, employee sUift changes,etc.)
❑ Auy o[her pertinent informaiiou to properly unde=stand the intendeA useJplan and i4 relatiou[o nearby properties and the
community as a whoie �
➢ A complete SITE PLAN and BOILDIIVGELEl�ATIONS must include: -
O Two(2)fiill siu(mivimum 24"x 36")scaled and dimensionW pnnts of site plan and building elevalions
❑ Two(2)8%"x 11 (minimum)to 1 P'x 1T'(mar.imum)reduction of Ne site plan end building elevalions
❑ One wmpac[disc or diskette with digital plaas avd drawings of the project in AutoCAD 2000 fonnat with fon6 and plol style
�able file(if plans have beev prepared digitally)
❑ Title block that provides all contact infortnation for the petl[ioner anNor owver and contact infolmation of petiROVer's
engineers/surveyors/arcktitects,or other design professionala used in the preparalion of ihe plavs
❑ The da[e of the original plan aud revision da[es,if applicable
❑ A¢orth azrow aud graphic scale.
❑ All proper[y lines and existing and proposed right-of-way lines with dimensions clearly labeled
O All required setback avd offset lines
❑ AIl enisting and proposed buildings,structures,aud paved areu,iucluding building entrances,walks,drives,signs,decks,patios,
fences,walls,etc.
❑ Locatio¢of all oufdoor storage aud refuse disposal areas aud the design and materials used for screeni¢g
❑ I.ocation and dimeusion of all on-site pazkiug(and off-site pazldng provisions if they are to be employed),including a summary
of the number of parldng stalls provided per[he requuements of Section 30-36 CiTy of Oslilcosh Zoniug Ordinance
❑ Location and dimension of all loading aud service areu
❑ Location,height,desigq illumination power and orienfation of all exterior GgLting on the property including a photome4ics plau
❑ I.ocation of al]exterior mechanical equipment and u[ilities and elevations of proposed screening devices where applicable(i.e.
visible from a public street or residential use or distric[). Mechanical equipment includes,bu[is¢ot Iimi[ed to;HVAC
equipmeut,elechical havsCormers and boxes,e�chaust flues,plumbing vents,gas regulators,generators,etc.
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CUP Narrative for New Moon Cafe Coffee Roaster
The New Moon Cafe, located at 401 N. Main Street, would like to install a
commercial coffee roaster, and the HVAC required to properly vent the appliance.
In trying to determine where the best location for the roaster, we concluded
that the only viable spot inside the caf2 is on the north wall where the kitchen,
counter and work space is located. The space on the south side of the cafe
contains seating for customers, and to place the roaster on that side of the cafe
would remove most seating for customers.
Venting the roaster would best be done through an upper window on the
north side over Main Street. Venting through the south side, Washington Ave
wall would be impractical for two reasons. First, venting would have to travel
across the cafe for some distance (upwards of 35feet) making the vents more
difficult to install, maintain and clean. Second, venting through the Washington
Ave wall would potentially require making a hole through the brick wall, thus
creating a permanent alteration to the building itself. Venting through the roof,
although preferable, is not possible because of the studio space on the second
floor. Venting through the roof will permanently alter the building on the second
floor level.
Venting through the Main Street window would be advantages for three
reasons. First, the venting distance from the roaster through the wall will be
short. The venting spot is 12feet off the sidewalk, and only several feet from the
top of the roaster. Second, because the distance is very short, and venting
equipment will be very easy to install, maintain and clean. Finally, the spot
through which the vent will penetrate the wall is a window, which will allow for
customizing the appearance of the vent and will not require a permanent
alteration to the building itself.
Coffee Roasting is a fairly innocuous operetion. Roasting can be done at any
time during the day with little effect on the outside pedestrian and motor treffic.
The venting of a roast produces some smoke, and the smell of fresh roasted
6
,
coffee. There are not any concerns regarding noise or other issues for the general
public, or neighbors of the New Moon Cafe. The vent itselt will not cause an eye
sore on Main Street because unlike restaurant hoods, the vent itself is nothing
more than a pipe, and can easily manipulated to blend with the building and
maintain the historical integrity of the 401 N. Main building.
The ability of the New Moon Cafe to roast coffee on site will increase the
attraction of an already popular and widely recognized business in downtown
Oshkosh, and therefore will continue to help the downtown grow as a destination
for people in Oshkosh and beyond.
7
Here are the pictures for[he North Main Street side of the New Moon. the north most upper window is
where we wish to vent.
— PROPOSED
LOCATION FOR
VENTING
8
Here is a similar cafe in Apple[on,Ihey are venting two roasters, hence the two exhaust pipes. We will
be venting one.
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C�P-DWNTWN OVERLAY EXCPTN CITY OF OSHKOSH NELS H/CAAOL J NASLOND
901 N MAIN ST PO BOX 1130 301 N� SAWYER ST �
PC: OS-OS-15 OSHROSH WI 54903-1130 OSHKOSH WI 59902-9252
ONE SIX EIGHT ENTEAPRISE 904 N MAIN ST LLC THANK Y00 VERY MUCH FOR THE
LLC q04 N MAIN ST STE� 109 MONEY LLC
103 ALGOMA BI.VD � OSHKOSH WI 54901-9982 � 9D7 N MAIN ST.
OSHKOSH WI 54901-4892 � OSHKOSH WI 59901-9907
WILLIAM J/LUANN M STREOR EXCLUSIVE COMPANY CORP
REV TRUST JASON/AARON BAER �
, 318 N MAIN ST 921 HARNEY AV �
1000 S LYNNDALE DR oSHKOSH wI 54901-9817 OSHKOSH WI 54901
APPLETON WI 54919-9513
BAERBROTHER LLC . ,
401 N MAIN ST �
OSHKOSH WI 59901 �
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