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HomeMy WebLinkAbout15. 18-189 APRIL 10, 2018 18-189 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR AN ADAPTIVE REUSE OF A MIXED USE STRUCTURE; 320 ROSALIA STREET INITIATED BY: 3710 LISBON LLC PLAN COMMISSION RECOMMENDATION: APPROVED WHEREAS, the Plan Commission finds that the Conditional Use for an adaptive reuse of a mixed use structure at 320 Rosalia St. is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved to establish an additional residential unit in a multi-family structure at 320 Rosalia St., per the attached. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: April 4, 2018 RE: Approve Conditional Use Permit for an Adaptive Reuse of a Mixed Use Structure; 320 Rosalia Street (Plan Commission Recommends Approval) BACKGROUND The property is located at the southeast corner of Rosalia St. and Rahr Ave. and includes a two- story mixed use building with four dwelling units and a commercial unit on the ground floor along with a detached garage and open parking area. According to the applicant, the principal structure was originally built with five dwelling units, with one of the units being converted to a commercial space within the past 50 years and used as a hair salon for the past 40 years. The petitioner would like to convert the commercial unit back to a (1 -bedroom) residential unit. The four existing dwelling units in the structure are all 1 -bedroom or studio apartments. The general area is predominately a single-family neighborhood with scattered two-family uses. ANALYSIS The current use of the property is a legal nonconforming use as the SR -9 zoning district does not allow multi -family or commercial uses. The petitioner is requesting a conditional use permit to convert the existing commercial space to a 1 -bedroom residential unit. The application states that the commercial unit still has a full bathroom and kitchen. The site does not meet the zoning ordinance requirements for parking stalls. However, staff does not have concerns with the lack of parking spaces on the property as the conversion of a commercial (hair salon) unit to a 1 -bedroom residential unit does not result in increased off- street parking demand. The existing 7 stalls should provide sufficient parking for the tenants as all 5 units are 1 -bedroom or studio apartments. Additionally, the proposed 1 -bedroom apartment is a less intensive use than a commercial unit and should result in less vehicle traffic to the site. Conversion of the site to an entirely residential land use will be consistent with the Comprehensive Plan. Additionally, staff believes the new use will be no more impactful to the neighborhood than the previous commercial use, which had not historically caused significant disruption to the area. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT There should be little or no change to the assessed value of the structure due to the conversion of the commercial unit to residential. RECOMMENDATION The Plan Commission recommended approval of conditional use permit at its April 3, 2018 meeting. Respectfully Submitted, X� , � el� Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: CONDITIONAL USE PERMIT REQUEST FOR -AN ADAPTIVE REUSE OF A MIXED USE STRUCTURE LOCATED AT 320 ROSALIA STREET Plan Commission meeting of April 3, 2018. GENERAL INFORMATION Owner/Applicant: 3710 Lisbon LLC Action(s) Requested: The applicant is requesting a conditional use permit for an adaptive reuse of a mixed use structure located at 320 Rosalia Street to establish an additional residential unit in a multi -family structure within a single family residential district. Applicable Ordinance Provisions: The adaptive reuse of a structure/property is permitted only through the approval of a conditional use permit within the Single Family Residential — 9 District (SR -9) and is defined as follows: "Reuse of an existing building originally designed for an institutional, quasi -public, public, or other specific/special purpose to a new use." The Zoning Ordinance establishes criteria and guidelines for the establishment of a Conditional Use Permit in Section 30-382. Property Location and Background Information: The subject 7,986 sq. ft. property is located at the southeast corner of Rosalia St. and Rahr Ave. and includes a 4,256 sq. ft. two-story mixed use building with four dwelling units and commercial unit on the ground floor along with a 400 sq. ft. detached garage and open parking area. According to the applicant, the principal structure was originally built with five dwelling units, with one of the units being converted to a commercial space within the past 50 years and used as a hair salon for the past 40 years. Staff has no documentation on the conversion of the unit, but past phone directories list residential units until 1955 (Schram's Food Mart) and was last listed as a salon in 2014. The petitioner would like to convert the commercial unit back to a (1 -bedroom) residential unit. The four existing dwelling units in the structure are all 1 -bedroom or studio apartments. The general area is predominately a single-family neighborhood with scattered two- family uses. Subject Site Existing Land Use Zoning Multi -family residential SR -9 Adjacent Land Use and Zoning ExistingUses Zvnin North Single-family residential SR -9 South Two-family residential SR -9 East Single-family residential SR -9 West Single-family residential SR -9 Comprehensive Plan Land Use Recommendatioit Use Category 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The current use of the property is a legal nonconforming use as the SR -9 zoning district does not allow multi -family or commercial uses. The petitioner is requesting a conditional use permit to convert the existing commercial space to a 1 -bedroom residential unit. The application states that the commercial unit still has a full bathroom and kitchen. The applicant is not proposing any exterior alterations for the site. The site has a 2 -stall detached garage and a 5 -stall (45' wide) open parking area on the east side of the property, accessed from Rahr Ave, according to the site plan. The zoning ordinance requires a minimum of 10 total parking stalls for a 5 -unit multi -family use. However, staff does not have concerns with the lack of parking spaces on the property as the conversion of a commercial (hair salon) unit to a 1 -bedroom residential unit does not result in an increased off-street parking requirement. The existing 7 stalls should provide sufficient parking for the tenants as all 5 units are 1 -bedroom or studio apartments. Additionally, the proposed 1 -bedroom apartment is a less intensive use than a commercial unit and should result in less vehicle traffic to the site. In terms of consistency with the Comprehensive Plan, the property is zoned residential and the recommended 10 and 20 year land use plan maps identify the area as appropriate for residential land use. Conversion of the site to an entirely residential land use will be consistent with the Comprehensive Plan. Additionally, staff believes the new use will be no more impactful to the neighborhood than the previous commercial use, which had not historically caused significant disruption to the area. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (17)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. ITEMI-320 Rosalia CUP adaptivereuse (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for an adaptive reuse of a mixed use structure at 320 Rosalia Street as proposed, with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested. The following is the Plan Commission's discussion on this item. Mr. Slusarek presented the item and reviewed the site and surrounding area. The subject property is located at the southeast corner of Rosalia St. and Rahr Ave. and includes a two-story mixed use building with four dwelling units and a commercial unit on the ground floor as well as a detached garage and open parking area. According to the applicant, the principal structure was originally built with five dwelling units, with one of the units being converted to a commercial space within the past 50 years and used as a hair salon for the past 40 years. The petitioner would like to convert the commercial unit back to a (1 -bedroom) residential unit. The zoning ordinance requires a minimum of 10 total parking stalls for a 5 -unit multi -family use. However, staff does not have concerns with the lack of parking spaces on the property as the conversion of a commercial (hair salon) unit to a 1 -bedroom residential unit does not result in an increased off-street parking requirement. The existing 7 stalls should provide sufficient parking for the tenants as all 5 units are 1 -bedroom or studio apartments. The proposed 1 -bedroom apartment is a less intensive use than a commercial unit and should result in less vehicle traffic to the site. Mr. Bowen arrived at 4:03 PM. Hannah Smet, 303 Pearl Avenue Suite A, stated she was the attorney for 3710 Lisbon LLC and could answer any questions the Plan Commission had regarding the property. Ron Hanche, representative for the Steven's Park Neighborhood Association stated the neighborhood association is very interested in the quality of life for the area. The steering committee for the neighborhood association was pulled and did research on the property. The committee found some discrepancies in the petitioner's request and the assessor's information. The petitioner's application states there are seven adults living in four units, one studio and 3 one bedroom. The assessor indicates there are 6.5 bedrooms, which means the building could have up to 15 people living in the building. This would require 15 parking spaces. The building only has seven parking spaces since the detached garage is strictly used for storage. The steering committee requests that the Plan Commission not honor the adaptive reuse request due to the number of parking spaces that would potentially be needed for the property. Alex Dukelow, W7475 Lincoln Rd. stated the conversion from a commercial property to a one bedroom unit would be less impactful on parking. Ms. Propp inquired if Mr. Hanche's assertion that there were 6.5 bedrooms was correct. ITEMI-320 Rosalia—CUP adaptivereuse 3 Mr. Dukelow believed there were only four residential units in the building. Mr. Ford inquired if the building would be inspected. Mr. Burich stated only the unit that is being converted from commercial to residential would be inspected. Mr. Cummings inquired how many units were in the building and what their sizes were. Mr. Slusarek stated there are four units, one is a studio and three are one bedroom. The most recent information from the assessor records are from 1969. Mr. Burich stated staff relies on the applicant and assessor data to know how many units are in the building. Ms. Propp stated the Assessor data seems outdated and inquired what happens if there are more bedrooms in the building than stated. Mr. Burich stated if the owner of the building does not allow the Assessor into the property, the assessment can't be updated. An analysis of how long the bedrooms have been in effect would need to be done. If it was prior to 1950, there was no building code to address parking. When the use is altered, for example from commercial to residential that is when parking can be looked at to make sure it is adequate. Mr. Lyons stated from staff perspective the other units in the building are less of a concern. Staff is looking at the conversion of the commercial unit to a residential unit from a parking stand point. Staff believes the conversion from commercial to a one bedroom residential unit is less impactful on parking. The other units have historically been what they are and the parking would not change unless that use changed. Ms. Propp inquired even if there were more bedrooms in the building, it would not affect staff's recommendation of the request. Mr. Burich confirmed it would not affect staff's recommendation because it is not a complete conversion of the building. Motion by Bowen to approve the conditional use permit request for an adaptive reuse of a mixed use structure located at 320 Rosalia Street. Seconded by Ford. Motion carried 7-0. ITEMI-320 Rosalia CUP adaptivereuse SUBMIT TO: CityOf Oshkosh Application dept_ of Community Development City pp M Church Ave., P.O.8ox 1130 of Conditional U5@ Permit Oshkosh, W6consin 54903-1130 Oshkosh PHONE: (920) 236-5059 "PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: 22tO- 1_Le. hoej L -LG Date: Petitioner's Address: ?,S?, `�! Shops [ J� i City: 6f oak, C1 e/ [Z State: Zip: 5— Telephone #: (262).Sa'l- S�I 11Fax: ( Status of Petitioner (Please C Petitioner's Signature (required): Other Contact # or Email: a&,�oj^1 jz,)pA Owner ❑ Representative ❑ Tenant ❑ Prospective Buyer LL e_ Date: OWNER INFORMATION `J Owner(s): % Date: Owners) Address: 3S-3 19I SX v o S fit/at Mi Ni City:Lal< State: ttST Zip: s�Of Telephone #: Cz 1 3711-1 Fax: Other Contact # or Email: L*. d_2 1n10 Ar1-4IG Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership q Corporation 4,-1— C Property Owner Consent: (required) By signature hereon, Me 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 tentatire`Qnd may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. j Property Owner's Signature: '\ ' M. Date: SITE INFORMATION j Address/Location of Proposed Project: , ZO C� S 0 t l Q Proposed Project Type: C �Un d,) �< ) Cv�t 1 f'� _�, n. >l o g'.514_4j U_�V_ Current Use of Property: e- .51 den -4'21 l }h+ S 1 Cam gh t/" t 10 Zoning: mlll��u�c_ Land Uses Surrounding Your Site: North: �PS1 1 y n� �e, m►1� /Ji m -e _ South:Ps)P East: ti West:-roy-h1 "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. ➢ 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 the City's website at www.ci.oshkosh.W.us/Community_Development/Planning,htm Page 4 Staff Date Rec'd Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. 2. Pedestrian and vehicular circulation and safety. 3. Noise, air, water, or other forms of environmental pollution. \1 1 1 4. The demand for and availability of public services and facilities. 1V r) 5. Character and future development of the area. IL I SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. ➢ A narrative of the proposed conditional use and project including: • Proposed use of the property ❑ Existing use of the property ❑ Identification of structures on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Surrounding land uses ❑ Compatibility of the proposed use with adjacent and other properties in the area. Q Traffic generation ❑ Any other informafion pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: ❑ Two (2) full size (24" x 36") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8'/z" x 11 (minimum) to 11 " x 17" (maximum) reduction of the building elevations and site plan ❑ One compact disc ordiskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) • Title block that provides all contact information for the petitioner and/or owner, if different ❑ Full name and contact information of petitioner's engineers/surveyors/architects, or other design professionals used in the plan preparation ❑ The date of the original plan and latest date of revision to the plan ❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 "=60') unless otherwise approved by the Department of Community Development prior to submittal ❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators Page 5 ff WrflManagement LLC 333 Bishop's Way Suite 141 PH 262-395-4543 Brookfield, WI 53005 Fax 888-742-8092 NARRATIVE This property contains 2 structures a garage that is approximately 480 sq. ft. and a 5 unit structure composed of 4 dwelling units. 1 — Studio on the third floor. 2 — 1 Bedroom units on the second floor and 1 —1 Bedroom unit on the first floor and one commercial space on the first floor. The property contains parking for 9 cars. This is more than adequate for the proposed change of use of the commercial unit to a 1 Bedroom apartment unit. The current number of occupants for the entire structure is 7 adults. If each of them have one vehicle the property still has parking for 2 visitors. The surrounding streets also allow for parking. This property was originally built as a 5 family. One of the first floor units was used as a hair salon for the last 40 years. The unit still has its full bathroom with tub and shower and kitchen is complete with cabinets. We are wanting to convert this space back to its original use. Page 6 • • Management LLC 333 Bishop's Way Suite 141 Brookfield, WI 53005 1.) Health Safety PH 262-395-4543 Fax 888-742-8092 This change of use will not have a negative effect on the surrounding lands in regards to Health and Safety because it would lower the amount of traffic in the area. This would create a residential dwelling unit, as opposed to the current traffic created by customers coming to the property all day and night because of the business that could be located there. 2.) PedestrianNehicles Same as above. 3.) Noise/Air/Water Residential use will reduce the amount of traffic, which will reduce the noise. The property in its current use could have a business that generates smells and high water usage fiotn its operations. As a residential dwelling, these issues are greatly reduced. 4.) Demand for Public Services This change should have no effect either way on this issue. 5.) Character/Future_Developimen_t_ of the Area This area of the city is largely residential. This change will enhance the character of the area by conforming this building into the same use as all of the surrounding properties. Proposed Use of Property Existing Use of Property The property is currently a four -family apartment building with one (1) commercial unit on the first floor. We would like to change the use of the commercial unit back into a one -bedroom and one -bath apartment. This unit was originally an apartment when the building was first built. It was changed to a commercial unit space within the last 50 years. Page 7 Structures oil the Property The property consists of: • A detached, two -car garage • A three-story, five -unit commercial mixed-use building o One (1) studio unit o Three (3) one -bedroom units o One (1) commercial space Proposed Amount of Dwelling Units • Total floor area is 7,986 square feet with five (S) units • Footprint area of the structures are 2,480 square feet 0 2,000 square feet dwelling unit 0 480 square feet garage • Surface, seven -spot, parking garage is 1,400 square feet • Two -car garage is 480 square feet • Landscaping and grass is 4,104 square feet Effects on Adjoining Properties This change would bring about a positive effect on the adjoining properties by reducing noise, traffic, odor, fumes, etc. Residential use is much less invasive to the surrounding area compared to commercial use. Surround Land Use The surrounding land use is all residential; either multi -family or single homes. Compatibility with Adjacent Properties This change would remove a commercial space in an otherwise, all -residential area. Therefore, this change would make the building much more compatible with the surrounding area. Traffic Generation This change should greatly reduce traffic in the area. Page 8 1/31/2018 Parcel Info Assessment/Sales Main Building(s) Commercial OBY Photos Mal, Real Estate Tax Personal Prop Tax Oshkosh WI CONVA<a 0 IIrsine 111,01)01 lVIteco36s`r FAQ €'orn+s rikE Do mloads City4'!ei>:;ile PARID:0206980000 3710 LISBON LLC '3`'hP0pe4j http:l/opa.ci.oshkosh.wi.uslpt[mapslmap.aspx?slndex=O&Idx=lUMparerPl=a2ve 9 111 s. hap���_' � f I ♦.. �� ~ / ` � ` �� � 1 � -. ... 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Those using the information are respe nsiUe for verifying accuracy. For full disWaimef please go to vnlw.ci.oshkosh.wi.usfGISd+sdaimer JAGISTIannhg!PPan Commisslon Site Flan Map Temp�a'hFan Commssbn Sie Flan L4ap Template.mxd Page 19 N 1in = 0,02 mi lin=120ft Printing Date: 3/2012018 Prepared by: City of Oshkosh, Wt v&`- Gfv bf OShICC�S1 User. mink rage 2u 41111 rRr City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no Mity for the accufacy of the information. Those using the information are responsble for vedWg aacufacy. For full disdamer please go to vmyi.ci.oshkosh.vj.us/Gl$crisdaimef JAG60wingTian Gommission Sete Plan Map Tew&'.eD Pian Com6sslon Site Plan 1hp Template.nA Page 21 1 in=0.09 mi 1 in= 500 ft ly Pdn6ng Date: 312012018 f Now Oshkosh Prepared by: City of Oshkosh, WI User. minak