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HomeMy WebLinkAbout14. 18-73 FEBRUARY 13, 2018 18-73 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ASSESSOR'S PLAT— CEAPE AVENUE AREA INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, Common Council previously approved ordering an Assessor's Plat for the subject seven properties along Ceape Avenue; and WHEREAS, the Assessor's Plat corrects all of the nonconforming issues including lot lines crossing through structures and driveways, and recreated the lots based on historic occupational use of the properties. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the Assessor's Plat for a portion of the 1300 Block of Ceape Avenue, per the attached, is hereby approved. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 7, 2018 RE: Approve Assessor's Plat — Ceape Avenue Area (Plan Commission recommends approval) BACKGROUND The proposed plat is generally located on the north side of the 1300 Block of Ceape Avenue east of Rosalia Street. The area is zoned Single Family Residential - 9 (SR -9), consistent with the existing seven single family homes located in the proposed plat. The vicinity predominantly has single-family uses with a scattering of two-family properties and is consistent with the City's Comprehensive Land Use Plan. The area was originally platted as part of the Andreae and Priess' Addition to the Town Plat of Oshkosh in 1850. The lots were created with lot lines drawn relatively perpendicular to Ceape Avenue, consistent with the orientation of the homes constructed shortly thereafter. In 1868 the area was replatted by Palmer's Map of the 2nd Ward. The plat redrew the lot lines so that they were now parallel with Rosalia Street to the west. This resulted in the lot lines being "twisted" by approximately 17° resulting in the lot lines crossing through structures and no longer consistent with the occupational use of the properties. This was followed by the current Leaches Map of the Eighth Ward which carried forward the erroneously platted lots. The Planning Services Division was approached by one of the affected property owners seeking to construct a fence on what she believed to be her property line. Staff explained to her that the land she was referring to was in fact part of the neighboring property and would not be able to construct a fence at that location, even though historic use of the land had been established over the past 150+ years. Staff researched the situation and determined that the optimal solution was for the City to order an Assessor's Plat of the area to reconfigure the lots to match the established occupancy of the properties. Staff from the Planning Services Division and Assessor's Office hosted a neighborhood meeting with the affected property owners to provide background on the current situation and potential ramifications if the lots continue to remain as -is. Staff informed the owners that if the lots remain City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us unchanged, it may be difficult obtaining a clear title when selling their homes, as well as continued confusion as to who owns what land among neighbors. After receiving feedback from the property owners, staff recommended to the Oshkosh Common Council to order an Assessor's Plat for the subject seven properties which it did at its July 25, 2017 meeting (Resolution 17-388). ANAT YSTS The City hired Frueh Land Surveying & Engineering to prepare the Assessor's Plat. The scope of work included meeting with each of the property owners to determine where the property lines should be located based on historic use and occupation of the properties. After placement of the new property lines were agreed upon by the property owners, the surveyor staked and re-monumented the property corners and drafted a plat map for state review. The Wisconsin Department of Administration approved the plat on November 14, 2017. The plat was then available for public review for a statutory required minimum 30 -day period at the City Clerk's Office from November 26, 2017 through January 2, 2018. The proposed Assessor's Plat corrects all of the nonconforming issues created by Palmer's Map including lot lines crossing through structures and driveways, and recreated the lots based on historic occupational use of the properties. In looking at the new Assessor's Plat, the lots are almost identical to the original Andreae and Priess' Addition Plat. If the Plat is approved by the Common Council, it will then be recorded at the Winnebago County Register of Deeds where the lots will officially be changed. FISCAL IMPACT No real fiscal impact on city service provision but with the lot lines put back into the appropriate place, additional improvements may be easier to be constructed, adding additional assessed property values in the plat area. RECOMMENDATION The Plan Commission recommended approval of the zone change at its February 6, 2018 meeting. ZRespeclly Submitted, Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: ASSESSOR'S PLAT — CEAPE AVENUE AREA Plan Commission meeting of February 6, 2018. GENERAL INFORMATION Applicant: City Administration Property Owner: Multiple Action(s) Requested: The City is requesting approval of an Assessor's Plat containing seven single family lots identified as the Assessor's Plat — Ceape Avenue Area. This is essentially a replat of a portion of Block 30 of Leaches Map of the Eighth Ward recorded in 1894 that will rectify existing lot line issues affecting the subject properties. Applicable Ordinance Provisions: Subdivision regulations are located within Section 30-441 of the City of Oshkosh Zoning Ordinance. Procedures for Assessor's Plats are regulated by Section 70.27(1) of the Wisconsin Statutes. Property Location and Background Information: The proposed plat is generally located on the north side of the 1300 Block of Ceape Avenue east of Rosalia Street. The area is zoned Single Family Residential - 9 (SR -9), consistent with the existing seven single family homes located in the proposed plat. The vicinity predominantly has single-family uses with a scattering of two-family properties and is consistent with the City's Comprehensive Land Use Plan. The area was originally platted as part of the Andreae and Priess' Addition to the Town Plat of Oshkosh in 1850. The lots were created with lot lines more or less drawn perpendicular to Ceape Avenue, consistent with the orientation of the homes constructed shortly thereafter. In 1868 the area was replatted by Palmer's Map of the 2nd Ward. The plat redrew the lot lines so that they were now parallel with Rosalia Street to the west. This resulted in the lot lines being "twisted" by approximately 17° resulting in the lot lines crossing through structures and no longer consistent with the occupational use of the properties. This was followed by the current Leaches Map of the Eighth Ward which carried forward the erroneously platted lots. The Planning Services Division was approached by one of the affected property owners seeking to construct a fence on what she believed to be her property line. Staff explained to her that the land she was referring to was in fact part of the neighboring property and would not be able to construct a fence at that location, even though historic use of the land had been established over the past 150+ years. Staff researched the situation and determined that the optimal solution was for the City to order an Assessor's Plat of the area to reconfigure the lots to match the established occupancy of the properties. Staff from the Planning Services Division and Assessor's Office hosted a neighborhood meeting with the affected property owners to provide background on the current situation and potential ramifications if the lots continue to remain as -is. Staff informed the owners that if the lots remain unchanged, it may be difficult obtaining a clear title when selling their homes, as well as continued confusion as to who owns what land among neighbors. After receiving feedback from the property owners, staff recommended to the Oshkosh Common Council to order an Assessor's Plat for the subject seven properties which it did at its July 25, 2017 meeting (Resolution 17-388). Subject Area Existing Land Use Zoning Single Family Residential Single Family Residential - 9 (SR -9) Adjacent Land Use and Zoning Existin Uses Zoning North Single &_Two Family Residential - - Single Family Residential - 9 (SR -9) South Single & Two Family Residential _ T Single Family Residential 9_(SR 9) East - - - -.. Single Family Residential_ _ _ __..._-.....__. Singe Family Residential 9_(SR 9) West Single -Family Residential Single Family Residential - 9 (SR -9) Comprehensive Plan Land Use Recommendation Land Use 10 Year Recommendation Residential 20 Year Recommendation Residential ANALYSIS The City hired Frueh Land Surveying & Engineering to prepare the Assessor's Plat. The scope of work included meeting with each of the property owners to determine where the property lines should be located based on historic use and occupation of the properties. After placement of the new property lines were agreed upon by the property owners, the surveyor staked and re-monumented the property corners and drafted a plat map for state review. The Wisconsin Department of Administration approved the plat on November 14, 2017. The plat was then available for public review for a statutory required minimum 30 -day period at the City Clerk's Office from November 26, 2017 through January 2, 2018. The proposed Assessor's Plat corrects all of the nonconforming issues created by Palmer's Map including lot lines crossing through structures and driveways, and recreated the lots based on historic occupational use of the properties. In looking at the new Assessor's Plat, the lots are almost identical to the original Andreae and Priess' Addition Plat. If the Plat is approved by the Common Council, it will then be recorded at the Winnebago County Register of Deeds where the lots will officially be changed. RECOMMENDATION/CONDITIONS Staff recommends approval of the Assessor's Plat - Ceape Avenue Area as presented. ITEM rV—Assessor's Plat — Ceape Avenue Area The Plan Commission approved of the Assessor's Plat — Ceape Avenue Area as presented. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the proposed replat of a portion of Block 30 of Leaches Map of the Eighth Ward that will rectify existing lot line issues affecting the subject properties. A surveying and engineering company was hired to prepare the Assesor's Plat at the recommendation of the Oshkosh Common Council at its July 25, 2017 meeting. Property owner's and the surveyor met to determine property lines based on historic use and occupation of the properties. The plat was approved by the Wisconsin Department of Administration on Nov. 14, 2017 and was then available for public review for a 30 day period. Mr. Nau stated the Assessor's Plat corrects all of the non -conforming issues including lot lines crossing through structures and driveways. There was no discussion on the item. Motion by Vajgrt to approve the Assessor's Plat for the Ceape Avenue area. Seconded by Bowen. Motion carried 8-0. ITEM N— Assessor's Plat — Ceape Avenue Area LQ W LOCATION SKETCH 6GLC 1 INGi 00 UnL0030PCCI' 916Qt 1OP1 ASSESSOR'S PLAT-CEAPE AVENUE AREA OF THE CITY OF OSHKOSH LOCATED IN OOVERNMENT LAT 4 OF39CMN 10, TOWN 1E NORTH, RANGE 17 GST, CrrY OFOSHKOSH, WINNEBAGO COUNTY, WISCONSIN CURVCYORZ CCR71FICATE Fr..h, --in Ref—ree Land Owoyw- do neroby-W. �^ Jaa> '•.,w.� Tlwtdhaes wreld and mapPad A3=;OR'C PIAT- IIAP$AVCNLIC ARGa N. oy of OWAVO.lanbd M Owamaant Coto a 3aCtl9n 19, Taun id Nadh. RanD 11 Gt, Cly WO,M-N Wlnnob.po Ce -V, - WAvon o—obod as fallout -I CIA'W c—,o1G pIO—UL POUND ♦—cur NCCNCPOTduOCWatrtNOT -OM•O.OK IHmJRPCPCUNO CCMMCIcINO... Most Qawt•r Con-efuld—Oln 1D:Ihnm SOD' 4CE,2,OW.0 1w, tnalaa N W=r C. 5000D legit W. h 1 N. COna.l. SldaaelY. I POINT OF OCCINNINb; thane N3.4=3' C. 10420 feral,W.We" t lµ• Ironpp. on Ou vvuN Iln of Lolhi DWtlI SD, La.U3'. Mop of 1094: Nenu 370.10'41'E, 316,451..1, to+found 2 IG. Im PIP."! 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Those using the 0 information are responsible for verifyinga=rac� For M disclaimer please go to Printing Date: 1/9/2018 Prepared by: City of Oshkosh, WI Oshkosh JAGISManningkMan Commissw Re Plan Map Temoaeftn Corndssfon Sii, Plan Map TernNaje.m(d 11— o-.Hh Page 7 City of Oshkosh maps and data are intended to be used for.general identikadon purposes onl , and the City of Oshkosh assumes no 1"Iy for the accuracy of the Information. Those using the information are responsible for verifying accuracy. For full disc rrief please go, to vmvr.cl.oshkosh.wi.us(GIShcseUmer Commission Site Plan Mao Temol.&X ian Commission Si:e Plan Liao 11n = 0.13 mi lin=700ft Printing Date: 119/2018 Prepared by: City of Oshkosh, Wl Page 9 lI- F.C.k