This week's 'Jacksongram'

MEMORANDUM
TO: Richard A. Wollangk
FROM: Jackson R. Kinney
DATE: January 6, 2006
The following items are scheduled for Common Council action on January 10, 2006.
􀀛 OFFICIAL MAP DELETION / PORTION OF N. WASHBURN ST. EXTEDED AT STH 21
The Department of Community Development requests the Common Council to delete a portion of mapped
right-of-way running parallel with State Road 21 between Westowne Avenue on the west and N. Washburn
Street on the east from the official map. The deletion involves an approximate 600-foot long, 80-foot wide
portion of mapped right-of-way.
The right-of-way has been officially dedicated to the City and the roadway constructed, therefore the
reservation of the property on the official map is no longer necessary.
At its December 6, 2005 meeting the Plan Commission unanimously approved of this request.
Please refer to the attached report for further information.
􀀛 AMEND CHAPTER 30 / ACCESSORY STRUCTURES
Wayne Gayhart and Kenneth Rasmussen, petitioners, request the Common Council to approve a text
amendment to the City’s Zoning Ordinance in relationship to the allowable garage square footage permitted
for two-family uses. The applicants are currently in the process of constructing a two-family dwelling and
feel the square footage limit of 1,200 square feet per lot, regardless if it is a single or two-family dwelling,
is antiquated and needs to be increased to reflect current vehicle ownership and storage issues.
Since Plan Commission members will begin a selective review of the Zoning Ordinance in 2006, they felt
this update is premature and also feel more information is needed on the subject. In addition, the applicants
have appeared before the Board of Appeals and received an alternative variance to their request. Staff does
not have an issue in bringing forward the proposed changes at this time given the fact that it is a citizen
request and the proposed changes are consistent with other communities in the region.
January 10, 2006 Council Memo Page 2
Given that a comparison of garage area regulations to neighboring and similar sized communities was
conducted and said comparison revealed that, although all the communities limited detached garage area,
only 20% regulated the size of attached garages at all. City regulations limiting detached garages to a
maximum yard area and requiring setbacks helped to alleviate apprehension that a change only affecting
two-family uses would be problematic or harmful to the public interest. These items combined with current
vehicle ownership trends and the associated parking pressures substantiated staff support of the text
amendment.
At its December 6, 2005 meeting the Plan Commission, however, denied the request, preferring to see this
potential code amendment included with other zoning ordinance changes that are expected to be
recommended in 2006.
Please refer to the attached report for further information.
􀀛 AMEND CHAPTER 30 / EXTRATERRITORIAL ZONING
Council is being asked to adopt the Extraterritorial Zoning Ordinance (EZO) for expansion areas of the City
in the Town of Algoma per the Cooperative Plan between the City and Town. The EZO is essentially the
same as the City’s current Zoning Ordinance and will be administered by the Department of Community
Development.
The EZO was unanimously approved by the Extraterritorial Zoning Committee on October 18, 2005.
Please see the attached memo from Planning Services Director Darryn Burich and attached report for further
information.
􀀛 ZONE CHANGE / 2200 WITZEL AVENUE
Martenson and Eisele, petitioner, DK Properties, owner, request the Common Council to approve a zone
change from R-3 Multiple Dwelling District to C-1PD Neighborhood Business District with a Planned
Development Overlay.
The Comprehensive Plan Land Use Map identifies this area as appropriate for residential use, however, the
plan did not take into account existing commercial uses of land from the western edge of the subject parcel
west to the gas station located on the corner of Witzel Avenue and Westhaven Drive.
The proposed zone change to establish a neighborhood commercial district for a dental office practice
appears to fit into the overall development pattern in the area. The added protection of the PD overlay
requires that a site plan be evaluated to ensure the use fits in with the neighborhood.
Given the land use pattern and recommendation of the Comprehensive Plan relative to the establishment
of neighborhood commercial districts, staff is supportive of this zone change request. With regard to the
establishment of neighborhood commercial districts, the Comprehensive Plan states the following:
“Neighborhood business districts should be considered in or near residential areas and developed in scale
with the surrounding development and be pedestrian accessible… Future smaller-scale commercial areas
are not identified on the land use map; however, existing neighborhood commercial areas are… Future
areas will be evaluated as they are proposed near residential neighborhoods.”
January 10, 2006 Council Memo Page 3
At its December 20, 2005 meeting the Plan Commission unanimously approved of this request with
conditions.
Please refer to the attached report for further information.
􀀛 GRANT CONDITIONAL USE PERMIT: 421 N. MAIN STREET
421 North Main Street, LLC, owner, Megan Hoopman, petitioner, requests the Common Council to approve
a conditional use permit for a mixed-use commercial / residential structure at 421 N. Main Street that will
result in the creation of two 2-bedroom apartments on the second floor of the structure. The first floor will
remain in commercial use.
The proposed upper floor residential renovation project is consistent with the goals of the newly adopted
Comprehensive Plan that call for the creation of these types of residential units in the downtown and central
city area.
At its January 3, 2006 meeting the Plan Commission unanimously approved of this request.
Please refer to the attached report for further information.
􀀛 PRELIMINARY PLAT / RUSCH PLAT
Rusch Homes, LLC, owner, Tim Rusch, petitioner, request the Council to approve a 16-Lot Preliminary Plat
located west of Vinland Road and south of the Vinland Farms Subdivision.
The Plat will be developed with single family homes on the north side of the plat (13 lots) and multiple
family condominium dwellings on three lots located on the south side of the plat.
The proposed subdivision is in keeping with the recommended land use designation in the Comprehensive
Plan as well as the Plan’s Guidelines for future development as they pertain to encouraging contiguous
development. The subdivision is also in keeping with the City’s conceptual plan of development for this area
as identified in the Northwest Industrial Park Study.
At its January 3, 2006 meeting the Plan Commission unanimously approved of this request with conditions.
Please refer to the attached report for further information.
􀀛 DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY / 552 MADISON STREET
The Department of Community Development requests the Common Council to approve the acquisition of
a single family home at 552 Madison Street by the Redevelopment Authority (RDA) of the City of Oshkosh.
After acquisition by the RDA, the site will be cleared and disposed of to an adjacent property owner with
a substandard sized lot.
The property is proposed to be acquired at this time because it is available and relocation costs will not be
incurred, thereby lessening overall acquisition costs. Should the property be acquired by another party for
homeownership or rental purposes, costs of acquisition will be increased. The property is a blighting
influence in this neighborhood and its removal will immediately improve the area.
With approval of the Council, it is proposed that the property be acquired by the RDA, with the RDA having
responsibility for its disposition (i.e. sale).
January 10, 2006 Council Memo Page 4
With regard to the disposition, the cleared lot is practicably undevelopable based on its narrow width (22
feet) so it is proposed to be disposed of to the adjacent property owner. In reviewing the rationale for
disposition of such properties, the Department needed to take into account the existing lot configurations
in the area and the proposal to dispose of the property to the adjacent property owner to the north, which
would make that substandard corner lot larger and closer to consistent lot areas in the neighborhood.
The acquisition and disposition are consistent with the City’s planning efforts relative to the creation of
neighborhood improvement areas as identified in the Comprehensive Plan, which is currently in draft form
and should be adopted by the Council sometime in the next two to three months. The draft neighborhood
plan states “Where lots, whether vacant or containing structures, are so substandard that they do not provide
adequate area for parking or recreation in addition to room for a structure, they should be acquired, cleared
if necessary, and combined with abutting lots to create more viable parcels.”
The criteria for disposition of acquired properties is as follows “Substandard lots and lots with awkward
configurations will be disposed of to one or more abutting property owners on a case by case basis as
the dimension and shape of the subject lot relate to the dimensions and shapes of the abutting
properties.”
At its January 3, 2006 meeting the Plan Commission approved of this request.
Please refer to the attached report for further information.
􀀛 VOLUNTARY ATTACHMENT / EMMERS LANE (TOWN OF ALGOMA)
This is a voluntary attachment of approximately 2.2 acres from the Town of Algoma and is being done
under the terms of the Cooperative Plan between the City of Oshkosh and Town of Algoma. The purpose
of the attachment is the commercial development of the property, which is the reason for the petitioner’s
request to attach the property with C-2 General Commercial District zoning.
Please see the attached Fiscal Impact Statement from Planning Services Director Darryn Burich for more
information.
If you or any Council members have questions on these items, feel free to give me a call.
JRK/vlr
Attachments