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HomeMy WebLinkAbout22. 19-176 MARCH 26, 2019 19-176 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ESTABLISH AN ART STUDIO AT 1675-1677 OREGON STREET INITIATED BY: BARBARA SCHNEIDER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit to establish an art studio at 1675-1677 Oregon 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 an art studio at 1675-1677 Oregon Street, per the attached. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: March 21, 2019 RE: Approve Conditional Use Permit to Establish an Art Studio at 1675-1677 Oregon Street (Plan Commission Recommends Approval) BACKGROUND The subject site is located at the northwest corner of W. 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit and a vacant commercial unit, recently used as a barber shop. The surrounding area consists of predominantly residential and commercial uses. ANALYSIS The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish an art studio. According to the applicant, the business (Birch Art Gallery and Classes) will include art classes and gallery. It will be solely operated by the owner/applicant. The business will be seasonal, open April through November, Wednesday through Saturday. Art classes will be conducted from 9-11 AM with the gallery open from 11:30 AM - 4:30 PM. The classes are expected to have 6-8 students (ages 21 and over) with private lessons available upon request. The private lessons include stained glass, jewelry, lapidary, painting, printing, drawing and sculpture. The application states that there will be no changes made to the site, other than updating the front of the building with new paint, new signage and a picnic table on the grassed area to the northwest of the building. The existing parking area on the lot has 10 stalls that can be used for customer parking. The proposed art studio use is an appropriate use for this site as it should have a relatively low impact on the surrounding area. FISCAL IMPACT The proposed use is simply a change in occupancy that will require no additional city service provision so there should be no fiscal impact. 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 March 19, 2019 meeting. Respectfully Submitted, P/-/ - Darryn Burich Director of Planning Services Approved: John Fitzpatrick Assistant 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 AN ART STUDIO AT 16751677 OREGON STREET Plan Commission meeting of March 19, 2019 GENERAL INFORMATION Applicant: Barbara J. Schneider Property Owner: Edward J. Salzsieder Action(s) Requested: The applicant is requesting a conditional use permit to establish an art studio at 1675 1677 Oregon Street. Applicable Ordinance Provisions: Physical Activity Studio 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. 17th Avenue and Oregon Street. The subject parcel is about 6,750 sq. ft. in size and includes a residential unit and a vacant commercial unit, recently used as a barber shop. The surrounding area consists of predominantly residential and commercial uses. Subiect Site: E l in Land Use, Zon n Mixed Commercial/Residential NMU Adjacent Land Use and Zoning: Existin uses , :� ; <: �. �. :' Zotzn , North Residential TR -10 South Mixed Commercial/Residential NMU West Residential TR -10 East Mixed Commercial/Residential NMU Co "e ertsive Ilan Lind use &ccotrime, i4atioia ; : Zund Use 2040 Land Use Recommendation Neighborhood Commercial ANALYSIS The petitioner is requesting approval of a Conditional Use Permit (CUP) to establish an art studio. According to the applicant, the business (Birch Art Gallery and Classes) will include art classes and gallery. It will be solely operated by the owner/applicant. The business will be seasonal, open April through November, Wednesday through Saturday. Art classes will be conducted 9-11 AM with the gallery open 11:30 AM - 4:30 PM. The classes are expected to have 6-8 students (ages 21 and over) with private lessons available upon request which include stained glass, jewelry, lapidary, painting, printing, drawing and sculpture. The application states that there will be no changes made to the site, other than updating the front of the building with new paint, new signage and a picnic table on the grassed area to the northwest of the building. The existing parking area on the lot has 10 stalls that can be used for customer parking. Staff is supportive of the CUP request and feels that the proposed art studio use is an appropriate use for this site as it should have a relatively low impact on the surrounding 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. (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 art studio as proposed with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested with findings noted. The following is the Plan Commission's discussion on this item. Site Inspections: Report: Mr. Hinz and Ms. Propp reported visiting the site. Staff report accepted as part of the record. Item CUP Art Studio — 1675 1677 Oregon St The applicant is requesting a conditional use permit to establish an art studio at 1675 1677 Oregon 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 business (Birch Art Gallery and Classes) will include art classes and gallery. It will be solely operated by the owner/applicant. The business will be seasonal, open April through November, Wednesday through Saturday. Art classes will be conducted 9-11 AM with the gallery open 11:30 AM - 4:30 PM. The classes are expected to have 6-8 students (ages 21 and over) with private lessons available upon request. The application states that there will be no changes made to the site, other than updating the front of the building with new paint, new signage and a picnic table on the grassed area to the northwest of the building. The existing parking area on the lot has 10 stalls that can be used for customer parking. The proposed art studio use is an appropriate use for this site as it should have a relatively low impact on the surrounding area. Mr. Fojtik opened up technical questions to staff. There were no technical questions on this item. Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any statements. Barbara Schneider (applicant), 111 E. Ripple Avenue, said she will own the property if the Conditional Use Permit is approved. She said this would be a place where people can sell, buy and see artwork. She explained it is only opened seasonally from April to November. She stated this studio has always been a goal of hers but she never had enough time for it until now. Mr. Perry asked if there was going to be a hot shop class for glass blowing. Ms. Schneider replied there will not be because it requires a furnace and is dangerous but suggested Milwaukee or Madison for those types of classes. Mr. Hinz thanked Ms. Schneider for thinking outside of the box on the proposed use. He said the lot has been vacant for quite a while and commented on the availability of the off-street parking. There were no other public comments on this item. Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant Motion by Vajgrt to adopt the findings and recommendation as stated in the staff report. Seconded by Hinz. Item— CUP Art Studio — 1675 1677 Oregon St Mr. Fojtik asked if there was any discussion about the motion. There was no discussion on the motion. Motion carried 9-0. Item— CUP Art Studio — 1675 1677 Oregon St su3l,ifT TO: City of Oshkosh Application DCpl•ofCommunih/Dc•,=laomcnl 1 215 Church Ave,. P.O. Boa 1130 OI Conditional Use Permit a5h�o;l,. rr;_orsin5�70J•113U shkosh PHONE: (9201236-505? "?LEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner: Dale: 2 Petitioner's Address: �y1 i2�Z1a Z� - City: S6 Slate:w M Zip: "Ta Telephone R: (1;�) 5 -� •� `� �r��sx/: (c/�) is - 3o 4�� Other Contact R or Email: A,)Z_t3lcj� Cell ��an�/V, ec C3 .�L Stotus of Petitioner (Please Check): O,riner ❑ Represa 'v cfe 0 Tenant -Prospective Buyer Petitioner's Signalure (required): OWNER [INFORMATION Dale: O,oner(s): F-JI�1Cc� �l �G �� S/jn r1Pv' Date: O�mer(s) Address: 1,261 L e6�"rc{ r�, city: StateGVZ Zip: S c,�z Telephone V: ( Fax: ( Other Contact n or Email-, O,r;nership Slotus (Please Check): D Individual o Trust D Partnership ❑ Corporation Property Owner Consent: (required) Ey signature hereon, IAA/e acknowledge that City officials and/or employees may, in the performance of their functions, enler upon the property to inspect or gather other information necessary to process this application, I also understand that all meeting dales are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administra five reasons. �(7 t Property Owner's Signature: 9 SITE INFORMATION Address/Location of Proposed Project: X 2 / C- /( /J Proposed Project Type: Current Current Use of Property: r ��11?Zoning: Nm m o Land Uses Surrounding Your Site; Nodh: ��Sr, t�2�7i/'G i7/�i lC�/k • / li South: I C.r 7 - East: Ikl0Cff1-1 L•Nytl e% -C_'14/ JLj r2/C1/'4, �,�G S � •�irv_�� Wes 1: c"i/ Jco 1/4' J F4, (- l.,.L) /-7r "Please note that a meeting notice will be mailed to all abutting property ovmers regarding your request. tl > II is recommended that the applicant meet wifh 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 NONREFUNDABLE For more information please the City's website at e,rr,-,v,ci-oshk,osh.�,,i.us/Community_Development/Planning.hlm Staff Date Recd Briefly explain how the proposed conditional use will not have a negative effect on the issues below, 1. Health, safely, and generah,velfa/re of occupants of surrounding Ion� 6Y1'h c.YT C/v.SS�T 7u s-; e/ Lbo;T 7-0� `/ G'i reit veci edkCti�� iy1 Nvd1�, Pal/- r�av �� ell el.`71 w1�/ �jE SS 2. Pedeslrionandvenic larcir/culationand afefy. «VO 64"i_c�e zL l?u'�dr��t ex���rQ��"v/ L-o-'/`hy PC e� %vj4<7 40 LJ L? fi/G/!r/41/t vii//i1 /, t' /rljN%!'Yl7�C'�! `SS G�ie [/G- � �7���I� /G1 SIZ. 06, UVe vel Jr7i%� /r'rGk 1uviill� '/', Ould /`h G,lclle, 3. Noise, air, vrater, or olher forms of environmental pollution. /JJUise� >tne�e /fie /A.,C Gil''_t fi;, d /ii��� _ / 00 (� cuci, cV' ;_Ot [/! lnal` fie �GT�CI/ 4. The demand for and avoilabilih/ of public services and facilities. u6hc— Sevur`cPl)ul1-//99,1rv4 12 ?a 4���3 �l—�7%� [�1��(c�c'rc1��j; fl,�o •y� iVl'l7/l�(.�;FJ '41e,0�«t 12e 5. Ch ar &ter and future develop/ tent of the area/. I r 1 "4'48)"t �//6W�V /7U Tr i,Pl )71�r�97`/2t'�, / / l�/GI /G[C� CT y"liGr1 /CGjr�'UUCJ�jc. C, L, MA 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 proper/ ❑ Identification of structures on the properly and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of cl%velling units, floor area, landscape area, and parking ereo 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 ❑ Compatibilih/ of the proposed use vAth adjacent and other properties in the area. ❑ 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 �4_" x. 1 I (minimum) to I I" x 17" (maximum) reducfion of the building elevations and site plan ❑ One compact disc or diskette wifh digital plans and dro'.nngs of fhe project in AutoCAD 2000 formal 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/surveyor/orchffects, cr 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 (I "=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 beadnas and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances. ,volks, 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 (arid off-site parking provisions if they ore to be employed), including o 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 photometdcs 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 regulator, generators Short Narrative on Birch Art Gallery & Classes. The current property is a closed Insurance business. Vacant building. At 1677 Oregon Street, Oshkosh, WI 54902 A little about me. My name is Barbara Schneider, I recently retired from a Fond du Lac School District after 22 years of teaching Art Classes. I have a valid, Wisconsin State Teaching License. I taught Art History - Ancient & 20th Century, Basic art classes that incorporated: Ceramics, Sculpture, Drawing, Painting, Weaving, and Printing. Also beginner classes to level 4 advanced in, Stained Glass & Jewelry. I retired for medical reasons, I had gotten Cancer. So I had to leave. Then I healed from that and Chemotherapy and back to the living. So time to live my dream, an art gallery and teaching art to adults form 21 - 91 years of age. All abilities and disabilities. Art for people that have been schooled at home, that may not have had art classes, disabled person from all areas of abuse - men and women, Veterans, and many more. All abilities. This business has been needed in the Oshkosh Community for a long time. I have bumped into people and parents for over 25 years that have said they would love to have an Art School in the Community that taught Skill building and expand or create hobbies from, not just a one night art class as some other businesses do. So Birch Art Gallery and Classes will meet that need. The Art Classes, will have 6-8 students, media will be the more popular arts. Basic: Stained glass, jewelry, lapidary, painting, printing, drawing and sculpture. Private lessons will be available upon request. The gallery will show off and sell items made in classes and art made by local artists only. (we have high standards on what is put in gallery). I have knowledge of the K-12 Wisconsin state curriculum. I helped rewrite is several times during my teaching career. The Business will be part time, a seasonal business, open April to November, 9-11 am will be art classes, 11:30 - 4:30 the gallery will be open. Wednesday through Saturday. I will be the only employee. My family members are helpers with yard and grounds. So the impact on surrounding buildings and homes will be slight to none. Laughing will be, good for everyone there and heard over to the next door buildings. There will be planters of flower and birch stalks around building. The front of building will be updated with paint and a new signage. Thank you for your time on this, Barbara J. Schneider. I hope you, can come take art classes, I would enjoy helping you release your inner child by creative means. "You deserve a creative break at Birch Art Gallery & Classes". (Last, but not least, I just had lung cancer surgery on Feb, 11 th 2019. healing well and ready to start the business asap) "Kindness is the language the blind can see and the deaf can hear." - Mark Twain "Life begins at the end of your comfort zone..... - Walsch" With gratitude, B or b Schneider 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 = 0.01 mi 1 in=30ft Printing Date: 2/5/2019 Prepared by: City of Oshkosh, WI �]'- Oshkosh CUP AMY S NITZ CASTLEROCK 2017 LLC 1675 & 1677 OREGON ST 214 W 17TH AVE 333 WESTCHESTER AVE WEST BLDG PC: 03-19-19 OSHKOSH WI 54902 WHITE PLAINS NY 10604 CHAD A CANSLER PO BOX 22092 GREEN BAY WI 54305 FOX RIVER PROPERTY HOLDINGS LLC 5065 INDIAN BEND RD OSHKOSH WI 54904 MICHAEL K/CONNIE K DAY 1014 EVANS ST OSHKOSH WI 54901 SOBIE PROPERTIES LLC 839 OSBORN AVE OSHKOSH WI 54902 DANIEL J/STEPHANIE J MATAIC 629 MADISON AVE OMRO WI 54963 JOHN E SCHROEDER 1656 ARIZONA ST OSHKOSH WI 54902 ROBERT J/R E WIRKUS 1665 OREGON ST OSHKOSH WI 54902 TODD J/MARGARET A RADDATZ 218 W 17TH AVE OSHKOSH WI 54902 ERIC A TESCH 3350 NEKIMI AVE OSHKOSH WI 54902 LARRY C BASLER/DEBRA BOERSON 223 W 15TH AVE OSHKOSH WI 54902 SOME PROPERTIES LLC 839 OSBORN AVE OSHKOSH WI 54902 VINCENT W STUDT 1658 OREGON ST OSHKOSH WI 54902 WITZKES TAVERN LLC BARBARA SCHNEIDER EDWARD J SALZSIEDER 1700 OREGON ST 111 E RIPPLE AVE 1261 LEONARD POINT RD OSHKOSH WI 54902 OSHKOSH WI 54902 OSHKOSH WI 54904 135.0 3 v: f 81 130 ZR 132.0 , V71 160 0 5 6 160.0 X24 `24 " 232 i 135.0 1 0 1 '— ER? 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N i Y ��i� 1 in = 0.02 mi t�!� GO VII lin=120ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and Gi the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Of Or are responsible for verifying accuracy. For full disclaimer please go to Printing Date: 2/1512019 Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI t� JAGIS1PlanningRan Commission Site Plan Map TemplateRan Commission Site Pian Map Template.mxd User: minak El 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 Commission Site Plan Map TemplateRan Commission Site Plan Map Template.mxd N 1in=0.02 mi lin=100ft Printing Date: 2115/2019 Prepared by: City of Oshkosh, WI C-; �f 0shlcosh minak