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HomeMy WebLinkAbout16. 19-145 MARCH 12, 2019 19-145 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH A PET GROOMING BUSINESS AT 1691 OHIO STREET INITIATED BY: NATHAN AND AMANDA MUELLER PLAN COMMISSION RECOMMENDATION: Approved w/ condition WHEREAS, the Plan Commission finds that the Conditional Use Permit to establish a pet grooming business at 1691 Ohio Street, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved to establish a pet grooming business at 1691 Ohio Street, per the attached, with the following condition: 1. All animals must be leashed when outside and may not be left unattended TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: March 6, 2019 RE: Approve Conditional Use Permit to Establish a Pet Grooming Business at 1691 Ohio Street (Plan Commission Recommends Approval) BACKGROUND The subject site is located at the northwest corner of W. 17th Avenue and Ohio Street. The subject parcel is about 11,205 sq. ft. in size and includes a residential unit and a vacant commercial unit, recently used as "Designer's Edge Studio". The surrounding area consists of predominantly single family residential uses along with some commercial uses to the south and west. ANALYSIS The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish a pet grooming business. According to the applicant, the owner of the business will occupy the residence on the lot and will exclusively own and operate the business with no additional employees. The business is expected to have about 20 pets per week to start and possibly grow up to 40 pets per week with hours by appointment only to start. The application states that there will be no changes made to the site. The applicant also notes that every pet taken outside from the business will be on a leash with the business owner or animal owner only and no pets will be left unattended if outside. The existing parking meets code requirements for a commercial animal boarding/day care use. The relatively small scale of the operation should not be detrimental to the surrounding residential uses. FISCAL IMPACT There should be no fiscal impact as this is simply a re -occupancy of an existing site that has operated commercially for decades and no new municipal services are anticipated to be required. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with a condition at its March 5, 2019 meeting. Respectfully Submitted, Darryn BtIrich 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: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A PET GROOMING BUSINESS AT 1691 OHIO STREET Plan Commission meeting of March 5, 2019. GENERAL INFORMATION Applicant: Sydney Todd Property Owner: Nathan/Amanda Mueller Action(s) Requested: The applicant is requesting a conditional use permit to establish a pet grooming business at 1691 Ohio Street. Applicable Ordinance Provisions: Commercial animal boarding/daycare uses are permitted only through a conditional use permit in the Neighborhood Mixed Use District (NMU) as regulated in Section 30-51 (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 subject site is located at the northwest corner of W 17h Avenue and Ohio Street. The subject parcel is about 11,205 sq. ft. in size and includes a residential unit and a vacant commercial unit, recently used as "Designer's Edge Studio". The surrounding area consists of predominantly single family residential uses along with some commercial uses to the south and west. Subject Site: Exisft LOW Use Zoning Mixed Commercial/Residential NMU kdjacent Land Use and Zoning: Existin Lases Zasn North Residential SR -9 South Commercial NMU West Commercial SR -9 East Commercial & Residential NMU & TR -10 Cont ehensive PlanLand Use Recommendation Land Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS The petitioner is requesting approval of a conditional use permit to establish a pet grooming business. According to the applicant, the owner of the business will occupy the residence on the lot and will exclusively own and operate the business with no additional employees. The business is expected to have about 20 pets per week to start and possibly grow up to 40 pets per week, with hours by appointment only to start. The application states that there will be no changes made to the site. The applicant also notes that every pet taken outside from the business will be one a leash with the business owner or animal owner only and no pets will be left unattended if outside. The site has four (4) existing parking stalls, two of which are located alongside the commercial unit (north of the building). The existing parking meets code requirements for a commercial animal boarding/day care use. Staff is in support of the proposed pet grooming use as the relatively small scale of the operation should not be detrimental to the surrounding residential uses. Staff is recommending a condition that all animals be on a leash when outside and not left unattended. 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 (11)(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 a pet grooming business use as proposed with the findings listed above and the following condition: 1. All animals must be leashed when outside and may not be left unattended. The Plan Commission approved of the Conditional Use Permit as requested with findings noted and a condition. The following is the Plan Commission's discussion on this item. Site Inspection Reports: Ms. Propp and Mr. Hinz reported visiting the site. Plan Commission voted to accept the staff report as part of the record which passed unanimously. Item— CUP Pet Grooming —1691 Ohio St The applicant is requesting a conditional use permit to establish a pet grooming business at 1691 Ohio Street. Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. According to the applicant, the owner of the business will occupy the residence on the lot and will exclusively own and operate the business with no additional employees. The business is expected to have about 20 pets per week to start and possibly grow up to 40 pets per week, with hours by appointment only to start. The application states that there will be no changes made to the site. The applicant also notes that every pet taken outside from the business will be on a leash with the business owner or animal owner only and no pets will be left unattended if outside. The existing parking meets code requirements for a commercial animal boarding/day care use. Staff is in support of the proposed pet grooming use as the relatively small scale of the operation should not be detrimental to the surrounding residential uses. Mr. Fojtik opened up technical questions to staff. Mr. Hinz questioned if there was ample room for parking at the site especially during the winter. Mr. Slusarek replied there are two parking stalls along the side of the commercial unit. Motion by Vajgrt to open up the public hearing. Seconded by Ford. Motion passed unanimously. Mr. Fojtik asked if the applicant wanted to make any statements. Sydney Todd, 807 Bay Shore Drive, stated she would be the owner and would be utilizing the side driveway for customer parking. She said she also has a pretty long driveway on the other side of the building which could also be utilized for customer parking since she only has two cars. She explained there would be off-street parking available but would prefer off-street parking customers to park on 17th Avenue instead of Ohio Street. Ms. Propp inquired about the length of time an animal would be at the site for pet grooming. Ms. Todd explained the length of time could vary up to four hours depending on the dog. She said the pet owner would drop off the dog and would come back later to pick up the dog. Ms. Propp asked if there would be daycare. Ms. Todd replied it is not a daycare or boarding facility. She said the facility would be for grooming only. Mr. Fojtik closed the public hearing. Item CUP Pet Grooming -1691 Ohio St Motion by Propp to adopt findings within the staff report and approve the Conditional Use Permit for a pet grooming business at 1691 Ohio Street with the following condition: 1. All animals must be leashed when outside and may not be left unattended. Seconded by Hinz. Motion carried 8-0. Item— CUP Pet Grooming -1691 Ohio St Cfly City of Oshkosh Application Oshkosh Conditional Use Permit Petitioner: Petitioner's Address: Telephone #: Fax: "PLEASE TYPE OR PRINT USING BLACK INK" SUBMIT TO; Depl, of Communlly Development 215 Church Ave„ P.O. Box 1 130 Oshkosh, Wisconsin 549o3 -I 13o PHONE: (920) 236-5059 —. Dare: �'.�•" :��) ".. City: 0b)Aib0Uk state: ) ; Zip:,�/C} Other Contact # or Emoil:t,y c1itxf�l��, Cc�r Status of Petitioner (Please Check): ❑Owner ❑Representative ❑Tenant V. Prospective Buyer �\ Petitioner's Signature (required): Date: Ci `1,o'-J<<j OWNER INFORMATION p Owner(s): k���� r��n ltWl(z.tn�' C� VV( ltL't�e Date Owner(s) Address I to 7 0 Vit- o City:. flkoc� State: Zip: sal ( -,,a Telephone tf: (Vt,) _,;26,7- 11`4 Fax: ( Other Contact It or Email:. 1 2� 37 `t 131 7 `l Ownership Status (Please Check): td.lndividual o Trust o Partnership o 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 tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons, Mu.e4_Q_e.r- 'P��peri���r�i�rrs Slgl�cttit:�: SITE INFORMATION Address/Location of Proposed Project: � �L 0-22 )SV) V-if>S� Proposed Project Type: Current Use of Property: Date:a-l-lc% Land Uses Surrounding Your Site: North:V I- P�Q1t�_ _ I1 South: l % _o wr- .0 C i l (PMU� ' On A(AIIA Ut_ East:�� �M oMC�C— West: 93 cl-NtC,t 1aA _ "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. y It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. r Application fees are due at time of submittal, Make check payable to City of Oshkosh. Y Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City's website clt aww,ci.osl-ikosh,wi,us/Community_Development/Plcfnning.htm Staff q&- Date Rec'd --�15-4 3 I '. Briefly explain how the proposed conditional use will not have a negative effect on the Issues below. i. Health, safety,. and general w (fare of occupants of surrounding lands. ndob r 2. Pedestrian and vehicular circulation and safety. \rn k I�Dxkhtk r uvvw--,n - or e�,s6tiv-�,krs 3. Noise, air, water, or other forms of envfr ental pollutfgn. oxyj- no `lo"rsh 4. The demand for and availability of public services and facilities. '� c- ec ti, ,�, �k ©c) (Ve� dCV11 o� tartt3t pk L"I iJ (� ��� , Rei ,m 'rs - 5. Character and future development of the area, - rr `p)'or\��v` ' 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 J ❑ Projected number of residents, employees, and/or dally 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, ❑ Traffic generatlon ❑ 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 U Two (2) 8'/2" x i 1 (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) a- 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 Ir the plan preparation ❑ The date of the original plan and latest date of revision to the pian a 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 Toning Ordinance ❑ Location and dimension of all loading and service. areas on the subject property ❑ Location, I eight, design, Illumination power and orientation of all exterior lighting on the property including a photometrlcs plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a publlc 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 1�age 4 The proposed use of the property is to be used as a pet grooming business. It is not currently being used as a business but the awning states Design studio. The building is part business, part residential. The owner of the business will be occupying the residential part of the building as a personal residence and will exclusively own and operate the business side with no employees. It is anticipated to have about 20 pets per week to start and possibly grow up to 40 pets per week. The hours to start will be by appointment only. The City of Oshkosh Assessment/sales information is accurate to the best of my knowledge and will not change in regards to the square footage, dwelling unit, floor area, landscape area and parking area. The only effects to the adjoining properties is the minimal noise anticipated as customers drop off and pick up their pets. Every pet taken outside from the business will be done so on a leash with the business owner or animal owner only. No pets from the business will be left unattended if outside. The properties adjacent to the North and West of the business are residential and they are the farthest from the business area and should not have any negative impact. The building to the south is also zoned commercial, but it doesn't appear to be a business and is across the street so they should not be impacted. Kunde Memorials to the east is across Ohio street and would not negatively effect them either, Page 5 City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer N 1 in=0mi_ 1 in = 25 ft City Printing Date: 12/26/2018 Oshkosh Prepared by: City of Oshkosh, VM Page 6 CUP ANN M DOLAN 1687 & 1691 OHIO ST 617 W 17TH AVE PC: 03-05-19 OSHKOSH WI 54902 DONALD H BARTELT GARRY C LEE 1681 OHIO ST 2909 LAURIE AVE OSHKOSH WI 54902 PANAMA CITY FL 32408 KOMOROWSKI PROPERTIES LLC MICHAEL A BANNOW 2522 FOND DU LAC RD 1667 OHIO ST OSHKOSH WI 54902 OSHKOSH WI 54902 NANCY L EBERT REV TRUST TRACI S BEHNKE PO BOX 3207 622 W 17TH AVE OSHKOSH WI 54903 OSHKOSH WI 54902 SYDNEY TODD 807 BAY SHORE DR OSHKOSH WI 54901 ANTHONY P JUNGWIRTH 532 W 17TH AVE OSHKOSH WI 54902 GERALD W KUNDE 1356 GREEN ACRES LN NEENAH WI 54956 MICHAEL/MELISSA GROTELUESCHEN 1684 OHIO ST OSHKOSH WI 54902 NA'T'HAN MUELLER/AMANDA RANGELOFF 1687 OHIO ST OSHKOSH WI 54902 Page 7 L -V 273.15' MY O It 3000 b 3M.0, F _ SOONb 300,T MER jig 0 ma aoaf 17-771 b Rib U mv— kq b 656 642 638 630 626 622 614 6 fisc --------W47-T-H-AV- 647 543 535 617 �§� N I F 6 -T, Jarb 71 N MAY 75Z ww IM.O. b IT— 0 76-V W.V —6w b W.W b 163.6F' 301.85, 36o.a - C14 N 1 in = 0.02 mi 1 in = 120 ft City ofOshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the City iinformation are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 2/4/2019 0 mm.cl.oshkosh.wi.usIGISdiscialmer Prepared by: City of Oshkosh, W1 Oshkosh JAGISIPlarmingRan Commission Site Plan MapTemplatekPlan Commission Site Plan MapTemplate,mxd I lqA' m!—� . Page 8 ►AS L, �