HomeMy WebLinkAbout08. 18-353 JULY 10, 2018 18-353 RESOLUTION
(APPROVED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A RESTAURANT
DECK/PATIO; 715 NORTH MAIN STREET
INITIATED BY: ANTONIO SANDOVAL
PLAN COMMISSION RECOMMENDATION: Approved w/ conditions
WHEREAS, the Plan Commission finds that the Conditional Use for outdoor
commercial entertainment (deck/patio) at 715 N. Main Street, 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 allow a deck/patio for
outdoor dining at 715 N. Main Street, per the attached, with the following conditions:
1. Hours of operation shall be limited to 11 am to 8 pm.
2. Applicant shall meet all applicable codes as deemed appropriate by City of
Oshkosh Inspections Services Division.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: July 5, 2018
RE: Approve Conditional Use Permit for a Restaurant Deck/Patio; 715 North Main
Street (Plan Commission Recommends Approval)
BACKGROUND
The 0.75 acre site is located at the west side of N. Main Street between W. Irving Avenue and
W. Lincoln Avenue and is being used for the Los Jaripeos Mexican Restaurant. The property is
accessed via two drive entrance/exits from N. Main Street and one from Division Street. The
site has one structure totaling approximately 4,880 sq. ft. with associated paved parking and
access areas surrounding the building.
ANALYSIS
The petitioner is requesting approval of a conditional use permit to use a portion of the
existing parking area to the north of the building for outdoor dining, approximately 18' x 50'
wood deck. The seating area would result in the loss of four parking spaces and seat
approximately 25 people. The outdoor entertainment area would be operated between the
hours of 11 am and 8 pm. Staff is in support of the outdoor commercial entertainment use as
the use should not be detrimental to the surrounding area and should not have substantially
different impact on the adjacent property other than the existing parking use. Staff is
recommending that the applicant be limited to the hours of operation as proposed to mitigate
any noise concerns that may be associated with an outdoor entertainment use. Staff is also
recommending the applicant confer with the Inspections Services Division to ensure all
applicable building code requirements are being met.
FISCAL IMPACT
No city service extension is required to service the project and there should be a small assessed
improvement value increase to the property from the new deck.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Plan Commission recommended approval of a conditional use permit at its July 3, 2018
meeting.
Respectfully Submitted,
Darryn Burich
Director of Planning Services
Approved:
�f
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: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH OUTDOOR
COMMERICAL ENTERTAINMENT AT 715 N. MAIN STREET
Plan Commission meeting of July 3, 2018.
GENERAL INFORMATION
Applicant/Property Owner: Antonio Sandoval
Action(s) Requested:
The applicant is requesting a conditional use permit to establish an outdoor commercial
entertainment use (deck/patio — outdoor dining) in conjunction with the existing restaurant.
Applicable Ordinance Provisions:
Outdoor Commercial Entertainment uses are permitted only through a conditional use permit
in the Urban Mixed Use (UMU) as regulated in Section 30-53 (C) of the Zoning Ordinance.
Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The 0.75 acre site is located at the west side of N. Main Street between W. Irving Avenue and W.
Lincoln Avenue and is being used for the Los Jaripeos Mexican Restaurant. The property is
accessed via two drive entrance/exits from N. Main Street and one from Division Street. The site
has one structure totaling approximately 4,880 sq. ft. with associated paved parking and access
areas surrounding the building.
Subject Site:
Adjacent Land Use and Zoning:
Cvm rehensue I?tat%=hand ase Recvmxrinraion
LutrX Tose
Commercial
UMU
Adjacent Land Use and Zoning:
Cvm rehensue I?tat%=hand ase Recvmxrinraion
LutrX Tose
10 -Year Recommended Land Use Plan
Commercial
20 -Year Recommended Land Use Plan
Commercial
ANALYSIS
The petitioner is requesting approval of a conditional use permit to use a portion of the existing
parking area to the north of the building for outdoor dining. The outdoor seating area would
be approximately 18' x 50' and would be a wood deck. The seating area would result in the loss
of four parking spaces and seat approximately 25 people. The outdoor entertainment area
would be operated between the hours of 11 am and 8 pm.
Staff is in support of the outdoor commercial entertainment use as the use should not be
detrimental to the surrounding area and should not have substantially different impact on the
adjacent property other than the existing parking use. However, staff is recommending that the
applicant be limited to the hours of operation as proposed to mitigate any noise concerns that
may be associated with an outdoor entertainment use. Staff is also recommending the applicant
confer with the Inspections Services Division to ensure all applicable building code
requirements are being met.
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 (F)(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.
(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 outdoor storage area
at 715 N. Main Street as proposed, with the findings listed above and the following conditions:
1. Hours of operation shall be limited to 11 am to 8 pm.
2. Applicant shall meet all applicable codes as deemed appropriate by City of Oshkosh
Inspections Services Division.
Item— CUP/Outdoor Commercial Entertainment — 715 N. Main St
The Plan Commission approved of the Conditional Use Permit as requested with findings and
conditions noted. The following is the Plan Commission's discussion on this item.
Mr. Lyons presented the item and reviewed the site and surrounding area. The petitioner is
requesting approval of a conditional use permit to use a portion of the existing parking area to
the north of the building for outdoor dining, approximately 18' x 50' and would be a wood
deck. The seating area would result in the loss of four parking spaces and seat approximately
25 people. The outdoor entertainment area would be operated between the hours of 11 am and
8 pm. Staff is in support of the outdoor commercial entertainment use as the use should not be
detrimental to the surrounding area and should not have substantially different impact on the
adjacent property other than the existing parking use. Staff is recommending that the applicant
be limited to the hours of operation as proposed to mitigate any noise concerns that may be
associated with an outdoor entertainment use. Staff is also recommending the applicant confer
with the Inspections Services Division to ensure all applicable building code requirements are
being met.
Mr. Ford inquired if the patio would only be used in the summer and could not be used for
storage in the winter.
Mr. Lyons responded it would not be able to be used for storage.
Ms. Propp inquired if there would be bands if it is established as outdoor commercial
entertainment.
Mr. Lyons stated outdoor entertainment is the zoning ordinance's category for anytime there is
an outdoor use that could include dining or band space. The applicant has indicated it would
not be used for band space. There may be a few small speakers to play background music.
Motion by Vajgrt to approve the conditional use permit to establish an outdoor storage commercial
entertainment located at 715 N. Mina Street with the following conditions:
1. Hours of operation shall be limited toll am to 8 pm.
2. Applicant shall meet all applicable codes as deemed appropriate by City of Oshkosh Inspections
Services Division.
Seconded by Borsuk. Motion carried 7-0.
Item— CUP/Outdoor Commercial Entertainment — 715 N. Main St
SUBMIT TO:
Cit of Oshkosh A f ication Dept, of Community Development
v pp 215 Church Ave,, P.O. Box 1130
cttof Conditional Use Permit PPHONEh(920)236'505903-1134
Oshkosh
"PLEASE TYPE OR PRINT USING BLACK INK°
APPLICANT INFORMATION
Petitioner: Date: r '/`
Petitioner's Address;12V City: y' State: LL77 Zip::�>
Telephone #: (1)' ` f9; Fax: { ).`1- Other Contact # or Email:.
Status of Petitioner (Please Check): Kowner ❑ Representative D Tenant ❑ Prospective Buyer
Petitioner's Signature (required): r �._~ , >, r.A Date:
OWNER INFORMATION
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Owner(s): Ga LA,Cy o--, l Date:
Owners Address: kf(Y c 'I f f e (1r -w."y City:jj% dC't--t Stote�jw Zip:
Telephone #: 0 t-7 Fax: ( ) G� if Other Contact # or Email
Ownership Status (Please Check):XIndividual ❑ Trust n Partnership ❑ Corporation
Property Owner Consent: (required)
By signature hereon, I/We 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 tentativ and may be postponed by the Planning Services Division for incomplete submissions
I r other administrative reasons.
-
Property Owner's Signature: Date. _s� _
SITE INFORMATION
Address/Location of Proposed Project: 715 1,614Lt.
Proposed Project Type: V a C, k`0*(" , , ;>t Govtit
Current Use of Property: Y tt I" &I €-t r', • t Zoning': UvWJ
Land Uses Surrounding Your Site: North: �,>� �, tai �L4 c.� t
South: ok `: i4 (
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East:
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**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 ore due at firne 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.cl.oshkosh.wi.us/Community_Development/Planning.hfm
Staff iE�3 Date Recd —'�ql
8
Page 3
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. k t) , ' LL
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Pedestrian and vehicular circulation and safety.
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Noise, air, water, or other forms of environmental pollution. , t � � V- i
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The demand for and availability of `public services and fa ilities1
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Character and future development of the area.
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SUBMITTAL REQUIREMENTS - Must accompany the application to be complete.
➢ A narrative of the proposed conditional use and project including:
k' Proposed use of the property
gD Existing use of the property
& Identification of structures on the property and discussion of their relation to the project
iSb Projected number of residents, employees, and/or daily customers
Proposed amount of dwelling units, floor area,l6ndscape area, and parking area expressed in square feet and
acreage to the nearest one-hundredth of an acre
po 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.
,W, Traffic generation
Any other information 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 or diskette 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 -rind 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 4
Los jaripeos deck/patio project. Proposing to use 4
parking stalls on the south side of the building for the
construction of a wooden deck/patio. The purpose for summer
dinning only. Will seat about 25 people at the full point. Patio
size 18'x50' labor to be completed by everlasting contracting,
LLC. Hours of operation 11 am to Bpm small wall mount
speaker to be operating the same. Only fumes would be any
cigarettes that any guest would be using. to the north about 100'
the is a residential home. To the south a 2 -story building which
is commercial. To the east the street on the other side residential.
To the west empty lot which I'm the owner of. Up and down
main St there are restaurant which operate with decks/patios
similar to my idea. This project is just to give the people of
Oshkosh another place to enjoy trough out the 3 short summer
months. A place to get together with friends and family outside
in a save and fun atmosphere.
Page 5
PO/
96 ma(y
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CUP ARMADA CAPITAL MANAGEMENT LLC ERNEST J STADLER
715 N MAIN ST 923 S MAIN ST 722 N MAIN ST
PC: 07-03-18 OSHKOSH WI 54902 OSHKOSH WI 54901
HOOPMAN & CO DOWNTOWN LLC JERICHO ROAD MINISTRIES INC LARRY/KAREN WILLIAMS
PO BOX 1099 400 N SAWYER ST 729 DIVISION ST
OSHKOSH WI 54903 OSHKOSH WI 54902 OSHKOSH WI 54901
MATTHEW F FREDERICK MTGLQ INVESTORS LP NELS H/CAROL NASLUND
737 N MAIN ST 15480 LAGUNA CANYON RD STE 100 323 N SAWYER ST
OSHKOSH WI 54901 IRVINE CA 92618 OSHKOSH WI 54902
NIKUNJ/KIRTIDA RINGWALA RICHARD L GRAMS ROBERT W/BROOKE L KNOLL
3100 OLD ORCHARD LN 414 ATLAS AVE 833 WATSON ST
OSHKOSH WI 54902 MADISON WI 53714 RIPON WI 54971
SANDOVAL REAL ESTATE OSHKOSH LLC STEVEN B SANDERS THOMAS J BOLLOM
715 N MAIN ST 743 DIVISION ST 10 W IRVING AVE
OSHKOSH WI 54901 OSHKOSH WI 54901 OSHKOSH WI 54901
WALTER D SUNDQUIST JR 701 MAIN INC ANTONIO SAUDOVAL
737 DIVISION ST 701 N MAIN ST 4017 E APPLEVIEW DR
OSHKOSH WI 54901 OSHKOSH WI 54901 APPLETON WI 54913
Page 7
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information are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 6/412018
www.d.oshkosh.wi.us/GlSdisclaimer . Prepared by: City of Oshkosh, W1 Oshkosh
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information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
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