HomeMy WebLinkAboutItem II PLAN COMMISSION STAFF REPORT MARCH 6,2018
ITEM II: TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AND SUBDIVISION
VARIANCE REQUEST FOR PROPERTY LOCATED 576-582 N. MAIN STREET
GENERAL INFORMATION
Applicant/Owner: Steven Anderson
Action(s) Requested:
The petitioner is seeking approval of a two-lot land division/certified survey map from one
existing parcel containing a total of 0.374 acres. The petitioner is also applying for a variance
from the subdivision regulations to allow for the creation of a parcel with a width of 30 feet at the
building setback line whereas Section 30-443(H)(6) requires a minimum width of 60 feet at the
building setback line for newly-created parcels. Sizes of the proposed lots are as follows:
Lot 1 =10,663 sq. ft., 0.245 Acres
Lot 2=5,631 sq.ft., 0.129 Acres
Applicable Ordinance Provisions:
Land division criteria and variance procedures are found in Article XIII: Subdivisions, City of
Oshkosh Zoning Ordinance.
Property Location and Background Information:
The subject property is a 0.37 acre/16,294 square foot parcel of land and is located mid-block of
the 500 blocks of North Main Street and Jefferson Street, approximately 60 feet south of E.
Parkway Avenue.
The property contains two two-story buildings built in 1894(576-578 N. Main), 1890 (southern
portion of 582 N. Main) and 1903 (northern portion of 582 N. Main),both of which are
contributing structures within the North Main Street Historic District and considered eligible for
the National Register as a local historic building. Both buildings are currently used as
commercial space on the first floors and office/storage space and housing on the second floors.
To the east/rear of the buildings is a graveled area that fronts the 500 block of Jefferson Street.
This area was formerly the location of a two-family residence that was razed in 1979. City records
for the parcel became inactive following the removal of the residence and no new use was
established on the lot. However, the property has unofficially been used as a graveled parking
area.
In 2007, the property received a Conditional Use Permit and Planned Development approval for
construction of a 10-stall asphalt parking lot to provide legal parking for the two buildings and
dwelling units. A condition of approval required three parcels involved in the development to be
combined into one parcel. The lot combination was completed,however, the combination created
a multi-zoned parcel (C-3 &R-2PD) which is usually not allowed. The parking lot was not
constructed and consequently the property was sold to its current owner in late 2011.
In March of 2012, the current owner received a Conditional Use Permit and Planned
Development approval to allow three additional upper-story and one ground-level residential
unit in addition to construction of the never built off-street parking area. Due to financial
constraints, the owner did not proceed with construction of the additional dwelling units or the
parking lot. As of today, the gravel parking area remains as an illegal use.
As a separate item(Item 1), the owner is requesting approval a zone change from Two Flat
Residential-10 District with Planned Development Overlay(TR-10-PD) and Central Mixed-Use
District(CMU) to Central Mixed-Use District with Planned Development Overlay (CMU PD)
Subject Site
Existing Land Use Zonin
Commercial CMU&TR-10-PD
Adjacent Land Use and Zoning
Existing Land Uses Zoning
North Mixed-Use (Commercial Space with Upper Floor CMU&TR-10-PD
Residential)
............................
............................... .......................I.............I............. .......................................................................................... ................................I......................................... .................11............................ ............... ...........
CMU(Pending
South Commercial Office&Tavern change to CN/IU-
PD)
...................................... .......................... ............................ ........................................................ ............... ........................ ............ ........................................................................................................................
East Mixed Density Residential(across Jefferson) TR-10-PD
............... ................... ........... .........................................-....................................11 1 1......... ............................................................ .......................... ............................... ............ ..................
Commercial Retail&Restaurant(across North Main) CMU
West
Comprehensive Plan
Land Use Recommendation Use Cate gory
10 &20 Year Land Use Recommendation Mixed Downtown
ANALYSIS
The purpose of the land division is to separate the buildings by creating their own parcels,
enabling the owner to control them independently. The subject site was originally three separate
tax parcels that were combined in 2007 as a condition of approval for a Conditional Use Permit
and Planned Development.
Proposed Lot 1 sized at 0.245 acres is the northernmost lot containing the 582 N.Main Street
building. The lot is configured as a sideways "L" and maintains the double frontage between N.
Main Street and Jefferson Street. The lot does meet all of the dimensional requirements of the
Central Mixed-Use District in regard to width, depth and area.
Item 11—576-582 N.Main Street—2-Lot CSM—Subdivision Variance 2
Lot 1 also contains the majority of a proposed 16-stall parking area (see item I) located on the east
side of the property. The parking area is planned to have shared access with proposed Lot 2 to
the south. 12 of the stalls,including one handicap stall are located on Lot 1. As a condition, staff
is recommending a cross access parking easement be completed and recorded at the Winnebago
County Register of Deeds. The submitted CSM does have notation of the proposed easement.
Proposed Lot 2 sized at 0.129 acres is located south of Lot 1 with frontage only of N. Main Street.
The dimensions of the lot are proposed to be 30 feet wide by approximately 188 feet deep which
encompasses the 576 N. Main Street building, green space and four proposed parking stalls to the
east. Although the Central Mixed Use District does not have minimum dimensional
requirements, the subdivision regulations do require a 60-foot minimum width at the building
setback line. Staff is in support of the variance request as the size and configuration of the
proposed parcel is not unlike the majority of lots located along N. Main Street. Many of the lots
are narrow and 100%covered by building footprint with zero front, side or rear building
setbacks,typical of a downtown setting.
The Inspections Division commented in their review that the owner will need to verify a firewall
is located between the 576 and 582 N. Main Street buildings. The Inspection Services Division
also noted that each of the two parcels must have their own utility services (gas, electric).
The Department of Public Works commented in their review that the owner needs to verify each
proposed parcel is served by separate water laterals as water services cannot cross property lines.
They also noted verification is needed if each building is served by its own sanity and storm
sewer laterals. If not, easements will be required.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the proposed two-lot land division/Certified Survey Map and
approval of the Subdivision Regulations Variance for creation of a parcel width of 30 feet at the
building setback line with the following conditions:
1. Approved zone change of subject site to CMU-PD;
2. Owner shall provide verification the common wall between the 576 &582 N. Main
Street buildings is fire-rated;
3. All public and private utilities shall be shown on the final Certified Survey Map.
Item II-576-582N.Main Street—2-Lot CSM—Subdivision Variance 3
City of Oshkosh Application
Subdivision & Certified Survey Map SUBMIT TO:
Dept.of Community Development
0-f HKO-f H 215 Church Ave.,P.O.Box 1130
ON THE WATER "PLEASE TYPE OR PRINT USING BLACK INK** Oshkosh,Wisconsin 54903-1130
PHONE: (920)236-5059
APPLICANT INFORMATION
Petitioner: Keith W. Walenski Date: 1-4-18
Petitioner's Address: 2718 N. Meade Street City: Appleton State: WI Zip: 54911
Telephone#: ( 920) 733-8377 Fax: (920) 733-4731 Other Contact#or Email: kwalenski@harrisinc.net
Status of Petitioner(Please Check): 11 Owner N Representative 0 Tenant 0 Prospective Buyer
Petitioner's Signature(required): Z, d Date:
V V
OWNER INFORMATION
Owner(s): Steve Anderson North Main Street LLC Date: 1-4-18
Owner(s)Address: 576 Main Street City; Oshkosh State: WI Zip: 54901
Telephone#: ( 920) 379-5292 _ Fax: Other Contact#or Email: smandersonl23@gmail.com
Ownership Status(Please Check): 0 Individual 0 Trust 0 Partnership E Corporation
Property Owner Consent: (required)
By signature hereon, VWe acknowledge that City officials and/or employees may, in the performance of their functions, enter upon
the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are
tentative and may be postpo%nthe Planning vices Di�vison for�incom�plete submissions or other administrative reaso s.
Property Owner's Signature: Date:
SUBDIVISION INFORMATION
(Please Check): 0 Residential 0 Commercial/Industrial 0 Other
Approvals Requested(Please Check): 0 Preliminary Subdivision Plat* 0 Final Subdivision Plat P3 Certified Survey Map
*If preliminary plat, is the entire area owned or controlled by subdivider included? Yes x No
Location of Proposed Project: 576, 578 & 582 N. Main Street, City of Oshkosh
Zoning Classification: CMU - Downtown Commercial
Reason for Division: Create 2 Lots and sell 582 Main Street building
Proposed Number of Lots: 2 Proposed Lot Sizes:Min. 30 Max. 220 Average
Acres in Parcel(s): Lot I - 45' x 220' + = 10,663 SF Lot 2 - 30' x 188' = 5,631 SF
Proposed Project Type(include use of buildings and property): Commercial, Residential & Parking
Current Use of Property(include existing structures): Same - No change
Staff bate Ree'd 1-3-6-IS
Significant Natural Amenities(slope,vegetation, large tree stands, etc.): None
Floodplains,navigable streams,wetlands, and Other Development Restrictions: None
Variances-List and explain any requested variances from the Subdivision Regulations: to allow a less than 60 ft.
fronting lot with (30' ) & (45' )
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
SUBMITTAL REQUIREMENTS—Must accompany the application to be complete.
➢ Basic Materials
❑ Completed Application
❑ Legal Description of Site
❑ Twenty-Six(26)full size paper prints of the preliminary or final plat prepared in accordance with City Subdivision
Regulations
❑ One copy of the subdivision plat reduced to 8 ''/Z"x 11"
❑ One copy of the Certified Survey Map
❑ Digital Copy of Preliminary Plat,Final Plat, or CSM in Autocad 2000 format(plans may be e-mailed to the Planning Office)
➢ Plat Data
❑ Title
❑ Legal description and general location of property
❑ Date, scale and north arrow
❑ Names and addresses of the owner,subdivider, and land surveyor preparing the plat
❑ Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat
❑ Exterior boundaries
❑ Contours
❑ Water elevations
❑ Location, rights-of-way widths and names
❑ Location and names of any adjacent subdivisions
❑ Type, width and elevation of existing street pavements within the plat or adjacent thereto
❑ Location, size, and invert elevation of existing infrastructure items such as sewers,manholes,power poles, etc.
❑ Locations of all existing property boundary lines
❑ Dimensions of all lots with proposed lot and block numbers
❑ Location and dimensions of any sites to be reserved or dedicated for parks,trails,playgrounds,drainage ways, or other public
use, or which are to be used for group housing, shopping centers,church sites, or other non-public uses not requiring lotting
❑ Approximate radii of all curves
❑ Corporate limit lines
❑ Any proposed lake and/or stream access
❑ Any proposed lake and stream including the notice of application for Dept. of Natural Resources' approval,when applicable
❑ Location of environmentally sensitive areas(wetlands,floodplains, navigable streams, etc.)
For further information see Section 30-72 of City of Oshkosh Subdivision Regulations for Submittal Requirements
➢ 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 visit the City's website at www.ci.oshkosh.wi.us/Coinmunity_Development/Planning.htm
2
Page 5
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f � 4
WINNEBAGO COUNTY CERTIFIED SURVEY MAP NO.
All of Lot 3 and 6 and the South 15 feet of Lot 4, Block A
MERRITTS 2ND ADDITION, City of Oshkosh, Winnebago County,
Wisconsin. Prepared for:
Steve Anderson
NW CORNER 576 N.Main Street
SEC.24-18-16 Oshkosh,WI 54901
(BROKEN SURVEY NAIL) LEGEND
o=3/4"x 18"REBAR SET I 4
WEIGHING 1.502 LBS./LIN.FT.
p =1"IRON PIPE FOUND North is referenced to the
® =RAILROAD SPIKE FOUND East line of N.Main Street
® =CUT"X"SET assumed to bear S00129'19"E.
o-40D NAIL SET W PARKWAY AVE (49.5')
495'
l0 - EXISTING BUILDING '
S00130'06"E
I < CUT"X"BET 15.04' EXISTING BUILDING
N89°41'32"E 5.0'-WEST N89141'32"E 120.35'
1355.55'-- LOT 1 EIRE WALL .CUT"X"SET
N89°41'32"E 120.35' 2.'0'EAST
LOT 4 ____ CHAIN.LINK FENCE LOT 5
Z6r3— i 104.42' LOT 6
W
AREA
10,66SQ>FT.;;... W
W' :I"._.� EXISTING BUILDING ` _ CROSS ACCESS&
I50.45EASTOFP/L EXISTING I PARKING EASEMENT
582 MAIN SI.
Z o N89°42'31"E 187.89' 3 GRAVEL N Z
W z, Zr,. CUT X-SET LOT 2 G4.
L z N O
m W cQ :.0 0 5.0'WEST EXISR MABN SING AREA= 5,631 SQ 15.71'im m °'. UG M U)
z Z G Z I"7 578 MAIN SI. 187.SO' N90°00'00"W IN m N O 52.94' W
KID O FIRE WALL LOT 3 ��� I - 36.00' Z LOT 6 WOOD FENCE 0 (u-
UU 0,0� Z� cur"x'SET LOT 2 589°4132W 240.74' LOT 7 Lt_
Flo W
� i5.0'WEST EXISTING i� BUILDING ASPHALT PAVEMENT
L
`'jz i° M BLOCK A I� MERRITT'S 2ND ADDITION
--------------- I. ------------------------------
Ln m ( IoM to NOTE:
NOTE: I^ Owners/developers hereby grant per this
This CSM is all of tax parcel I document a cross access & parking easement
No. 90401700000. for Lots 1 & 2 to each other and for access to
Jefferson Street. See sheet 2 of 2 owners
certificate.
SURVEYOR'S CERTIFICATE b
I, Keith W. Walenski, Professional Wisconsin Land Surveyor, certify that I have surveyed, divided, and
mapped All of Lot 3 and 6 and the South 15 feet of Lot 4, Block A MERRITTS 2ND ADDITION, City of
Oshkosh, Winnebago County, Wisconsin being part of the Northwest 1/4, Section 24 T18N, R16E,
described as follows:
Commencing at the Northwest corner of said Section 24; thence SOO'15'59"E along the West line of
said Section 24, 1082.73 feet; thence N89'41'32"E, 1355.55 feet to the point of beginning and the
Easterly line of North Main Street; thence continuing N89'41'32"E, 120.35 feet; thence SOO'30'06"E,
15.04 feet to the Northwest corner of Lot 6, Block A MERRITTS 2ND ADDITION; thence N89'41'32"E
along the North line of said Lot 6, 120.35 feet to the West line of Jefferson Street; thence S00'30'52"E
along said West line, 60.17 feet to the Southeast corner of said Lot 6; thence S89'41'32"W along the
South line of said Lot 6 and Lot 3, 240.74 feet to the East line of North Main Street; thence
NOO'29'19"W along said East line, 75.21 feet to the point of beginning.
That I have made such survey, map and land division as shown hereon, under the direction of North
Main Street LLC owners of said lands.
That this map is a correct representation of the exterior boundary lines of the land surveyed.
That I have fully complied with the provisions of Chapter 236.34
of the Wisconsin Statutes in surveying, dividing and mapping the some,
and the City of Oshkosh Subdivision Ordinance.
0 25' S0' 100'
1 inch= 50 ft.
HARRIS 2778 NORh IAEAOE ST.
APPLETON,Ni 54911
& ASSOCIATES, INC. Ta-- (920)733-8377
CONSULTING ENGINEERS FAX: (920)733-4731 KEITH W.WALENSKI P.L.S.-2292 DATE
AND LAND SURVEYORS WWW.HARRISIN .NET SHEET I OF 2 LS-9714
Page 6
REZONE.GDP.SIl' DAVID
D PETERSON 547 N MAIN LLC
576 N MAIN ST 1217 WINNEBAGO AVE PO BOX 1099
PC: 03-06-18 OSHKOSH WI 54901 OSHKOSH WI 54903
DEREK J LODA SPARR INVESTMENTS LLC R&M ENTERPRISES
1353 W LAWRENCE ST 103 HIGH AVE 527 MOUNT.VERNON ST
APPLETON WI 54914 OSHKOSH WI 54901 OSHKOSH WI 54901
576 578 582 NORTH MAIN STREET LLC JRD INVESTMENTS LLC HOOPMAN&CO DOWNTOWN LLC
4471 DEAN MARTIN DR UNIT 3801 571 N MAIN ST PO BOX 211
LAS VEGAS NV 89103 OSHKOSH WI 54901 OSHKOSH WI 54903
ALFRED J/BONNIE M/JEFFREY J VERNER WAYNE R LAGER D&M RENTALS LLC
1102 N UNION ST 434 BOYD ST 55 KNAPP ST
APPLETON WI 54911 OSHKOSH WI 54901 OSHKOSH WI 54902
PRIME TABLE LTD J WEST RENTALS LLC STEVE ANDERSON
600 N MAIN ST 570 N MAIN ST 576 N MAIN ST
OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901
Page 7
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