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Plan Commission Minutes 1 December 5, 2017
PLAN COMMISSION MINUTES
December 5, 2017
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Kathleen
Propp, Robert Vajgrt
EXCUSED: Steve Cummings, John Kiefer, Michael Ford
STAFF: Darryn Burich, Director of Planning Services; Mark Lyons, Principal Planner; Brian
Slusarek, Assistant Planner; Jeffrey Nau, Associate Planner; Steven Wiley, Assistant
Planner; Steve Gohde, Assistant Director of Public Works; Deborah Foland,
Recording Secretary
Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum
declared present.
The minutes of November 21, 2017 were approved with a correction noted that Chairperson Fojtik
called the meeting to order when it should have been Chairperson Propp. (Hinz/Borsuk)
I. RELEASE EASEMENT AT 1319 BAYSHORE DRIVE
The petitioner is requesting the release of an approximately 6-foot wide by 30-foot deep easement
located east of the existing home on the lot.
Mr. Slusarek presented the item and reviewed the site and the area of the easement proposed to be
released. He explained the reason for the request which was to allow the property owner to
construct an addition to the home that would extend into the easement area. He also reviewed the
site plan depicting the proposed addition and easement area to be released.
There was no discussion on this item.
Motion by Vajgrt to approve the release of an easement for property located at 1319 Bayshore Drive.
Seconded by Bowen. Motion carried 6-0-1. (Abstained-Borsuk)
II. ACCEPT STORM SEWER EASEMENT AT 1601 BOWEN STREET (NOFFKE LUMBER)
The City of Oshkosh is requesting the acceptance of a storm sewer easement on the south side of E.
Murdock Avenue.
Mr. Nau presented the item and reviewed the site and area of the proposed easement request. He
explained the reason for the request which was due to the reconstruction of E. Murdock Avenue
and reviewed the site plan depicting the proposed realigned storm sewer and easement area. He
further stated that the property owner was agreeable to granting the City the proposed easement.
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Plan Commission Minutes 2 December 5, 2017
Motion by Vajgrt to approve acceptance of a storm sewer easement for property located at 1601
Bowen Street.
Seconded by Hinz. Motion carried 7-0.
III. ACCESS CONTROL VARIANCE TO ALLOW INCREASED NUMBER OF DRIVEWAY
APPROACHES, REDUCED SPACING OF DRIVEWAYS, AND REDUCED LATERAL
CLEARANCE AT 405 WASHINGTON AVENUE
The petitioner is requesting an access control variance to permit the following:
1. Three driveway approaches where municipal code allows a maximum of one approach.
2. Reduced spacing between driveways along Broad Street and Washington Avenue to about 30
feet and 25 feet, where municipal code requires a 105 foot separation.
3. Reduced lateral clearance from Broad Street and Washington Avenue to 17 feet and 12 feet,
where municipal code requires a 75 foot lateral clearance.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the site
plan for the renovation of the Eagles Club. He explained that the site has three separate parking
areas within the six parcels being combined which was the reason for the request. He further
stated that staff was supportive of the request as it should not cause traffic concerns as the site is
expected to experience low traffic counts and the nonconforming lateral clearances will be
consistent with other commercial sites in the surrounding area. He also reviewed the areas for
each driveway opening.
Mr. Thoms questioned how many parking spaces were proposed and how many are necessary and
if the renovated site would have more parking stalls than needed. He felt if the parking stalls were
in excess of what was required that approving an access control variance for the driveway
openings to have such dramatic reduced lateral clearance may not be necessary.
Mr. Lyons responded that the property did not have adequate on-site parking.
Mr. Thoms questioned if it would be possible for the site to utilize shared driveways on the
property to eliminate the number of driveway openings.
Mr. Lyons explained that there was a significant grade change and retaining wall in one area that
would not allow for shared use of a driveway opening. He further explained that the property
would not need one of the access control variances noted in the staff report as the street was
mistakenly identified as a collector street and it should have been a local street. On local streets
such as Broad Street, the requirement for driveway separation is not applicable.
Steve Gohde, Assistant Director of Public Works confirmed that Broad Street was misidentified as
a collector street where it was designated as a local street and is not required to meet the
separation requirements. Washington Avenue is a collector street and would require the variance
however that driveway opening was for entrance purposes only so granting the variance should
not be detrimental to traffic concerns.
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Plan Commission Minutes 3 December 5, 2017
Motion by Vajgrt to approve an access control variance to allow increased number of driveway
approaches, reduced spacing of driveways, and reduced lateral clearance for property located at 405
Washington Avenue with a revision to remove Broad Street from the reduced spacing between
driveways.
Seconded by Bowen. Motion carried 7-0.
IV. RESIDENTIAL DESIGN STANDARDS VARIANCE TO ALLOW WINDOW AREA
REDUCTION AT THE RESIDENCE AT 400 DAKOTA STREET
The applicant is requesting approval of a variance from the City’s Residential Design Standards to
allow for size reduction of window openings for installation of a knee wall and storm windows at
the residence at 400 Dakota Street.
Mr. Wiley presented the item and reviewed the site and surrounding area and discussed the
reason for the variance request which was to enhance the appearance of the home and reviewed
the history of the property. He also reviewed the site plan and photos of the home in its existing
condition and the concept of the renovations to remove the screens from the porch area and the
addition of a knee wall and storm windows in this area of the home. He also reviewed the finding
and condition recommended for this request.
Mr. Bowen asked for clarification of the proposed renovations as the staff report references that
there would be an addition of a knee wall with vinyl siding however staff just referenced that the
existing cinder block in this area would remain.
Mr. Vajgrt commented that adding vinyl siding along with a knee wall may not match the siding
on the home.
Pat Komorowski, 2522 Fond du Lac Road, stated that the existing concrete block will be left intact
with some repair and will contrast nicely with the color of the siding and the whole home will be
re-sided. She further explained that the vinyl siding would extend up to the knee wall and would
be complimentary in appearance.
Motion by Vajgrt to approve a residential design standards variance to allow window area reduction
for property located at 400 Dakota Street with the following finding:
The variance will not be contrary to the public interest because the size reduction of the openings
will not adversely affect the structure’s architectural design, the neighborhood character, or curb
appearance of the block.
And the following condition:
Window and window trim to match the color and appearance of existing windows on the home.
Seconded by Hinz. Motion carried 7-0.
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Plan Commission Minutes 4 December 5, 2017
V. COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FOR A PORTION OF
LAKESHORE MUNICIPAL GOLF COURSE
City staff is requesting an amendment to the Recommended 10 and 20-Year Land Use Maps in the
Comprehensive Plan. The subject area is designated for Park, Recreation and Open Space land use
designation; the applicant is requesting a change to a commercial land use designation.
Mr. Lyons presented the item and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. He reviewed the area requested for the land use map
amendment for use by Oshkosh Corporation for the site of the new global corporate headquarters.
He reviewed the City’s Comprehensive Plan and zoning maps for this area and discussed the
pending land use map amendment area for the Oshkosh Corporation site and the adjacent lots on
Oshkosh Avenue which was recommended for approval by the Plan Commission and is in process
of review and approval by the Common Council.
Mr. Thoms inquired if the intention was that both areas would be the same under the new
proposed zoning ordinance and this action would make the land use designation consistent with
an amendment to the City’s Comprehensive Plan.
Mr. Burich responded that the land use designation would be consistent with both areas and there
would be a zoning ordinance change coming forward at the next meeting.
Ms. Propp questioned if the properties to the left of the proposed land use amendments were
already zoned and designated as commercial in the City’s Comprehensive Plan.
Mr. Lyons responded affirmatively and stated that the land use amendment would extend the
commercial designation through the remaining parcels up to Mary Jewel Park making it consistent
with the other properties.
Motion by Thoms to approve a Comprehensive Land Use Plan Map Amendment for a portion of
Lakeshore Municipal Golf Course.
Seconded by Vajgrt. Motion carried 7-0.
PLANNING DIRECTOR’S REPORT
Land Use Amendment South of 91 Status
Mr. Burich reported that the proposed land use amendment for the State Road 91 area was referred
back to the Commission and will be brought forward in January or February for further review.
Mr. Thoms commented that he was confused as to what the Commission was expected to do as he
felt the item was adequately addressed during previous discussions.
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Plan Commission Minutes 5 December 5, 2017
Mr. Burich explained that the action was to establish the land use amendment which was not for
residential use for the whole area however he felt there was some misunderstanding on the intent
of the action.
Mr. Thoms discussed the development of multi-family housing on the outskirts of the city limits
and the desires for residents to live in these areas spurring the requests for these types of
developments in these locations.
Mr. Burich discussed concerns related to urban sprawl issues and that development in the area
may spur additional development and the action forwarded to the Common Council was to
amend the land use only. He felt that the proposal to amend the use to residential for a portion of
the area for multi-family use was appropriate with commercial designation to the west to create a
transitional area between the residential designation and the industrial designation further to the
west.
Mr. Thoms continued to discuss residential uses further away from the central city and transit
needs to service these sites which were not a necessity for residents that do not require those
services.
Mr. Burich indicated that there would be another meeting to discuss these issues and come
forward with other options for Council review and the status quo would leave the area as all
industrial land use. He further stated that this was not discussed in detail with the Council
particularly the amount of industrial land use the city currently has in its inventory.
Mr. Borsuk discussed that the property to the west and south of State Road 91 was questionable as
to how much of the area was developable and requested that a map be provided when future
discussions occur to depict how much of the lands were feasible for development purposes.
Mr. Burich responded that maps depicting this would be provided at a future meeting when this
item would be discussed which would be in a time frame of January or February.
New State Legislation AB479 Zoning Impacts
Mr. Burich discussed recent legislation passed under a homeowner’s bill of rights that affects local
zoning code related to nonconforming structures. The previous regulation addressed property
owner’s ability to rebuild a nonconforming structure only if it was destroyed by fire or other
circumstances not within the property owner’s control. The new legislation would allow a
property owner to remove a nonconforming structure on their own accord and rebuild it which is
a concern for our municipality. He stated that he would provide handouts at a later date for
further review and discussion on this topic.
There being no further business, the meeting adjourned at approximately 4:30 pm. (Vajgrt/Thoms)
Respectfully submitted,
Darryn Burich, Director of Planning Services