PLAN COMMISSION Packet - 5/7/2019CITY OF MUSKEGO
PLAN COMMISSION AGENDA
05/07/2019
6:00 PM
Muskego City Hall, Council Chambers, W182
S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the minutes of the April 2, 2019 meeting.
PUBLIC HEARING
Public Hearing for Elegant Auto Sales requesting a Conditional Use Grant in accordance
with the Muskego Zoning Ordinance to allow an additional auto sales and service business
on property located at S98 W12575 Loomis Court. / Tax Key No. 2257.973.001.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 008-2019 Approval of an Annual Review for Frey Auto located in the at
S106 W16301 Loomis Road / Tax Key No. 2293.996.002.
NEW BUSINESS FOR CONSIDERATION
Resolution PC 024-2019 Approval of a Conditional Use Grant for Elegant Auto Sales
located at S98 W12575 Loomis Court / Tax Key No. 2257.973.001
Resolution PC 025-2019 Approval of a Metal Accessory Structure for John Olson located
at S82 W13237 Acker Drive / Tax Key No. 2209.946.
Resolution PC 026-2019 Approval of the sale fo Fireworks for Freedom Fireworks, LLC. at
the property located at the W189 S8747 Racine Avenue; Muskego Center - Piggly Wiggly
Parking Lot / Tax Key No. 2192.973.
Resolution PC 027-2019 Approval of a one-lot Certified Survey Map for the KKM Real
Estate Holdings, LLC. property located at the southern corner of the Muskego Dam Drive
and West Loomis Road / Part of Tax Key No. 2295.999.010.
Resolution PC 028-2019 Approval of a Metal Accessory Structure for Nicole Jodat located
at S104 W18404 Keiser Lane / Tax Key No. 2290.998.012
Resolution PC 029-2019 Approval of a Buidling, Site and Operation Plan Amendment for a
local craft brewery located at S64 W15680 Commerce Center Parkway / Tax Key No.
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Plan Commission Agenda 2
5/7/2019 6:00:00 PM
2166.997.003.
Resolution PC 030-2019 Approval of a One-Lot Extraterritorial Certified Survey Map for the
Koth property located in the Town of Vernon.
Resolution PC 031-2019 Approval of a Metal Accessory Structure for Jerry and Jessica
Krause located at S104 W14934 Loomis Drive / Tax Key No. 2298.998.001
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
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City of Muskego
Plan Commission Supplement PC 008-2019
For the meeting of: May 7, 2019
REQUEST: Annual Review for Frey Auto
S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Planning Division
INTRODUCED: March 5, 2019
LAST AGENDA: March 5, 2019
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 008-2019
Petitioner received an amended approval in Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and
#P.C. 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4
and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following:
Seventy-eight (78) stalls for vehicles for sale,
Ten (10) stalls for sale customer vehicles,
Seven (7) stalls for employees,
Fourteen (14) stalls for customer repair vehicles,
Twelve (12) stalls for loaner cars,
Two (2) stalls for tow trucks/deliveries,
Two (2) enclosed outdoor storage areas,
No vehicles can be used as signage,
Signage and banners displayed on vehicles for sale is prohibited, except for a price sign
hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
STAFF DISCUSSION PC 008-2019
The Annual Review for Frey Automotive was deferred at the March 5, 2019 Plan Commission meeting due to a
litany of issues/violations found at the property during the initial inspection on February 19, 2019. The
issues/violations found included:
• There were many vehicles parked on the lawn area along Loomis Road,
• There were junk/wrecked vehicles throughout the site,
• There were various vehicle parts around the site,
• There were cars double parked and/or parallel parked in locations that they are not allowed and in
some cases were impeding access through the site
The property was inspected again on April 18, 2019. All of the issues/violations have been resolved and the
site was in full compliance. The resolution is drafted for approval. The Plan Commission may want to discuss
if they want to increase the frequency of the reviews.
STAFF RECOMMENDATION PC 008-2019
Approval of Resolution # PC 008-2019
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RESOLUTION PC 008-2019
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MUSKEGOthe City of
Area of InterestI0280560
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 008-2019
FREY AUTOS106 W16301 LOOMIS ROAD
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Prepared by City of Muskego Planning Department Date: 2/25/2019
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RESOLUTION PC 008-2019
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AMENDED
RESOLUTION #P.C. 008-2019
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE
ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY
LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and
Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road
(Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C.
055-2014, and
WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the
approval, and
WHEREAS, Approved plans permit the following:
Seventy-eight (78) stalls for vehicles for sale,
Ten (10) stalls for sale customer vehicles,
Seven (7) stalls for employees,
Fourteen (14) stalls for customer repair vehicles,
Twelve (12) stalls for loaner cars,
Two (2) stalls for tow trucks/deliveries,
Two (2) enclosed outdoor storage areas,
No vehicles can be used as signage,
Signage and banners displayed on vehicles for sale is prohibited, except for a price
sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law, and
WHEREAS, A site inspection was conducted in February 19, 2019 and there were issues/violations
found on site, and
WHEREAS, The issues/violations were as follows:
There were many vehicles parked on the lawn area along Loomis Road,
There were junk/wrecked vehicles throughout the site,
There were various vehicle parts around the site,
There were cars double parked and/or parallel parked in locations that they are not allowed
and in some cases were impeding access through the site, and
WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection was
conducted on February 27, 2019 and while there was some limited compliance found, the majority of
the site was still not in compliance, and
WHEREAS, The Plan Commission deferred approval of the annual review for Frey Automotive
until May 7, 2019 to allow time for issues/violations to be resolved, and
WHEREAS, A site re-inspection was conducted on April 18, 2019 and found all
issues/violations had been resolved.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto,
subject to compliance with all Conditional Use Grant conditions of approval and those found below.
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
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RESOLUTION PC 008-2019
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Plan Department
City of Muskego
Adopted:
Defeated:
Deferred: March 5, 2019
Introduced: March 5, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 008-2019
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City of Muskego
Plan Commission Supplement PC 024-2019
For the meeting of: May 7, 2019
REQUEST: Conditional Use Grant (CUG) for Elegant Auto Sales and Services
S98 W12575 Loomis Court
Tax Key No. 2257.973.001
NE ¼ of Section 25
PETITIONER: Chad Roider
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski AICP
BACKGROUND PC 024-2019
The parcel is located off of Loomis Court and North Cape Road (USH 45). This site contains two
buildings. The southern building was originally approved for mini-storage units and office/retail space
is currently being used by Badgerland Auto and Repair. The northern building originally contained
storage units and an auto repair facility. The auto repair facility, Dads Auto, recently vacated the site.
These two building locations were on two separate parcels at one time but when the northern building
was built, the two parcels were joined into one. The BSO and CUG approvals for this site were
approved under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, and #P.C. 025-2007.
An annual review is required for the site operations.
The petitioner is seeking approval of a Conditional Use Grant for Elegant Auto Sales and Services to
allow minor auto repair to occur in the northern building and to allow limited auto sales on the site. The
auto sales office will be within the northern building.
CONSISTENCY WITH ADOPTED PLANS 018-2019
STAFF DISCUSSION PC 024-2019
As stated above, auto sales and auto service will be part of the proposed Elegant Auto Sales and
Service business. A site plan indicates three parking stalls for customers on the east side, or rear, of
the building. Six (6) retail spaces and two (2) employee parking stalls are proposed for the north side
of the building. No vehicles can be parked outside the six approved sales stalls overnight. As has
been granted with other auto sales businesses, signage and banners displayed on vehicles for sale is
Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This
proposal is consistent with the plan.
Zoning:
The property is zoned B-4 Highway Business District. Automobile
body shop, which is a more intense automobile use, is allowed in this
district subject to Conditional Use Grant, thus this request.
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Resolution PC 024-2019
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prohibited, except for a price sign hanging from the rear view mirror and for vehicle disclosure
information to be visible as required by State Law.
The remainder of the site includes Badgerland Auto operating out of the southern building with
approval for four (4) parking spaces on the west side of the northern building, and presumably any
tenant that would go into the front side of the northern building would use the parking immediately
north of their use.
Customer interaction will be on site and through the internet with business hours Monday through
Saturday from 10:00 AM to 3:00 PM. Inside the building will be office space, restrooms, shop space
for automotive repairs and vehicle storage. There will not be any outdoor storage/parking outside of
the six spaces for retail sales.
There cannot be any wrecked or non-movable vehicles or any car parts stored outside. Engine oils,
fluids and recyclable parts will be removed from the site daily. Since no outdoor storage enclosure is
being provided for part storage, all parts, products, etc. must be stored indoor until they are being
removed from the property. All old parts not stored indoors must be contained in a refuse container for
scheduled pickup. Any dumpster for this facility must be located within a City approved enclosure.
At this time, there are no intentions on changing the exterior of the building. No new lighting or
signage details have been proposed at this time. The owner makes note of future signage intentions,
but details were not provided. Any new/altered signage or lighting (temporary or permanent) will
require further review and approvals. Any new/altered exterior lighting (wall mounted and/or pole
mounted) must meet all City required lighting specs, including all fixtures being full cut-off with zero
degree tilt.
Along with the new proposal the previous annual review requirement for this site remains in effect and
all previous regulations and conditions of approval for this site remain in effect.
A few other conditions of approval noted within the resolution are as follows:
BE IT FURTHER RESOLVED, That the allowance of auto repair within the northern building is only
allowable in association with the sale of vehicles from this building and if the vehicle sales cease
operations, then said repair use is no longer allowable in the northern building.
BE IT FURTHER RESOLVED, If any parking stall markings are non-existent or warn-out, they must be
repainted prior to sales occurring.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited,
except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law.
STAFF RECOMMENDATION PC 024-2019
Approval of Resolution # PC 024-2019.
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Resolution PC 024-2019
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MUSKEGOthe City of
Area of InterestI0330660
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 024-2019
Chad RoiderElegant Auto Sales and ServicesS98 W12575 Loomis Court
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Prepared by City of Muskego Planning Department Date: 5/2/2019
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Resolution PC 024-2019
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RESOLUTION P.C. 024-2019
APPROVAL OF A CONDITIONAL USE GRANT FOR ELEGANT AUTO SALES AND SERVICES
LOCATED ON THE GEORGE ALEX AND ROBERT JACOB PROPERTY
LOCATED IN THE NE ¼ OF SECTION 25
(TAX KEY NO. 2257.973.001)
WHEREAS, A submittal was received from Elegant Auto Sales and Services for a Conditional Use Grant
at S98 W12575 Loomis Court / (Tax Key No. 2257.973.001), and
WHEREAS, The parcel contains a Conditional Use Grant and Building, Site and Operation plans that
were adopted by the Plan Commission for a mini-storage warehouse building with office space (southern
building) and for a building with mini-storage warehouses and previous auto repair businesses (northern
and southern buildings) for the property located on Loomis Court and on North Cape Road (USH 45) for
George Alex and Robert Jacob, under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005,
and #P.C. 025-2007, and
WHEREAS, The petitioner, Chad Roider of Elegant Auto Sales and Services, is now requesting to be
allowed auto sales on site and to be allowed auto repair to occur within the northern building, and
WHEREAS, The proposed new auto repair is specifically related to the repair and prep of vehicles that
are going to be sold, and
WHEREAS, Relating to the auto sales, the parking areas on the northern portion of the site can contain
no more than six (6) vehicles for sale at any one time and the location of these vehicles cannot interfere
with any other businesses/parking on site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for
Chad Roider, of Elegant Auto Sales and Services, to the George Alex and Robert Jacob property subject
to the contingencies listed below.
BE IT FURTHER RESOLVED, That no more than six (6) vehicles for sale are allowed outdoors on this
property north of the northern building, and all sale vehicles must be in marked and approved stalls and
the location of these vehicles cannot interfere with any other businesses/parking on site.
BE IT FURTHER RESOLVED, That the allowance of auto repair within the northern building is only
allowable in association with the sale of vehicles from this building and if the vehicle sales cease
operations, then said repair use is no longer allowable in the northern building.
BE IT FURTHER RESOLVED, If any parking stall markings are non-existent or warn-out, they must be
repainted prior to sales occurring.
BE IT FURTHER RESOLVED, That all vehicles parked/stored on site must be within marked and
approved stalls.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will
need approvals from the Planning Division before any lighting changes can be made and all City required
lighting specs must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited, except
for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
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Resolution PC 024-2019
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BE IT FURTHER RESOLVED, That the previous annual review for this site still remains in effect.
BE IT FURTHER RESOLVED, All aspects of previous regulations and conditions of approval for this site
are all still in effect.
BE IT FURTHER RESOLVED, Before any auto sales can occur at/from this site, a proper State dealer
license for this facility must be granted.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan
shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result
in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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Resolution PC 024-2019
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Resolution PC 024-2019
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Resolution PC 024-2019
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City of Muskego
Plan Commission Supplement PC 020-2019
For the meeting of: May 7, 2019
REQUEST: Metal (Roof) Accessory Structure
Tax Key No. 2209.946 / S82 W13237 Acker Drive
NW ¼ of Section 13
PETITIONER: John Olson
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 025-2019
The petitioner proposes to construct a 20’ x 24’ accessory structure (totaling 480 square feet) on his 1.18 acre lot.
The applicant is proposing an accessory structure with exterior materials being vinyl siding to match the house and
a steel roof. Since the roof materials do not match the home Plan Commission approvals are required. Plans are
attached for your review.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is found not to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 025-2019
Comprehensive Plan:The 2020 Plan depicts the area for low density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RSE- Suburban Estate District. Accessory structures
totaling up to 1,029 square feet are permitted on the subject property. The
proposal measures 480 square feet in area. There is an existing accessory
structure that will be removed for this proposed structure. The proposal meets
the bulk requirements of the Zoning Code.
STAFF DISCUSSION PC 025-2019
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing a vinyl sided and steel roofed structure. The colors of the vinyl siding is proposed
sandstone to match the home. The roof and soffits will all be brown, which will be similar to the roof of the home,
per the owner. This building is setback over 200 feet from the road and the property is surrounded with numerous
large evergreens. The proposed building location will be in the rear yard and will take the place of the existing Page 1 of 6
Resolution PC 025-2019
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accessory structure that will be removed. The building is proposed having 12 inch overhangs, which are similar to
the home. The building is shown is a rather simple accessory structure with a steel roof meant to be more durable
and last longer based on the proximity to trees around the structure.
The proposed height of the building is approximately 10 feet to the midpoint and that is within the allowed height of
15 feet.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific
portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to
those on the main home.
BE IT FURTHER RESOLVED, The existing accessory structures on the lot must be removed as part of the permit
issuance for this new building.
STAFF RECOMMENDATION PC 025-2019
Approval of Resolution #PC 025-2019, finding that there will be no undue harm to the surrounding
properties, due to the distance from the roadway, due to the dense evergreen vegetation on the lot and due
to the structure having vinyl siding to match the home.
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Resolution PC 025-2019
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MUSKEGOthe City of
Area of InterestI0160320
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 025-2019
John OlsonS82 W13237 Acker Drive
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Prepared by City of Muskego Planning Department Date: 4/29/2019
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Resolution PC 025-2019
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RESOLUTION #P.C. 025-2019
APPROVAL OF A METAL ACCESSORY STRUCTURE
FOR THE OLSON PROPERTY LOCATED IN THE NW ¼ OF SECTION 13
(TAX KEY NO. 2209.946 / S82 W13237 ACKER DRIVE)
WHEREAS, A site plan and building drawings were submitted to construct a 20’ x 24’ metal accessory structure (totaling 480
square feet) on the Olson property located at S82 W13237 Acker Drive (Tax Key No. 2209.946), and
WHEREAS, The property is zoned RSE – Suburban Estate District, and said structure is a permitted accessory use and
subject to Plan Commission review due to the proposed architectural materials shown, more specifically due to a proposed
steel roof, and
WHEREAS, A home residence currently exists on site and the existing accessory structures currently on the property will be
removed for the new accessory structure, and
WHEREAS, The proposed square footage of 480 square feet is within the total allowable square footage for accessory
structures on this property, which meets the bulk requirements of the Zoning Code, and
WHEREAS, The accessory structure will be used for personal storage only, and
WHEREAS, The proposed height is approximately 12 feet, as measured by code, which is within the allowed height of 15 feet,
and
WHEREAS, The structure is proposed to be sided with vinyl siding to match the house and a steel roof and said proposal does
not meet the Plan Commission’s standards for administrative approval of residential accessory structures as the roofing does
not match the materials of the primary residence, and
WHEREAS, The colors of the walls will be sandstone (similar to the home), the roof and soffits will all be brown (similar to the
roof on the home).
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 480 square foot accessory structure with a metal roof
for the Olson property located at S82 W13237 Acker Drive (Tax Key No. 2209.946).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The floor of the entire building must be concrete or asphalt, unless a specific portion is only to
be used by animals.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home (roof and walls).
BE IT FURTHER RESOLVED, The depth of the overhangs on all sides of the building must at least be equal to those on the
main home.
BE IT FURTHER RESOLVED, The existing accessory structures on the lot must be removed as part of the permit issuance for
this new building.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, due to the distance from the roadway, due to the dense evergreen vegetation on the lot and due to the
structure having vinyl siding to match the home.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result
in the issuance of fines of $100 per day per violation, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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Resolution PC 025-2019
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Resolution PC 025-2019
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City of Muskego
Plan Commission Supplement PC 026-2019
For the meeting of: May 7, 2019
REQUEST: Approval of the Temporary Sale of Fireworks at the Piggly Wiggly property
W189 S8747 Racine Avenue / Tax Key No. 2192.973
SE ¼ of Section 8
PETITIONER: Dustin Hein, Freedom Fireworks, LLC.
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 026-2019
Petitioner proposes to operate a temporary fireworks sales stand in the Piggly Wiggly parking lot. A 48’ x 8’ metal
storage container on-site will be used for product display and retail sales. There will be no tent as part of these
sales. A 10’ x 48’’ safety barrier will extend from the container where patrons will be out of traffic at the entrance
and exit of the container. Signage has been indicated as two 3’ x 20’ temporary banners that will be hung from
each side of the container and one 8’ x 8’ temporary banner on one end of the storage container. Operations are
proposed from June 10th, 2019 to July 10th, 2019 8:00 am to 9:00 pm. Permission has been received from the
property owner to use the site and the restroom facilities.
DISCUSSION PC 026-2019
The proposal is consistent with operations of other vendors in Muskego and for this site. The only difference with
this proposal is that instead of a sales tent, with a separate storage container, this proposal includes all sales being
housed within a larger single storage container. A photo example of the storage container is included in the
applicant’s submittal. Since is something new within the City, the Plan Commission may want to have a quick
discussion to make sure they do not have any concerns with this.
A transient merchant license must be obtained from the City Clerk’s Office.
Past years have experienced a slight overlap in dates with the temporary garden sales and the temporary fireworks
stand on this property. This year the overlap would extend the entire length of the fireworks sales. The two
temporary uses will be located in separate parts of the parking lot divided by curbed and landscaped drive aisles.
This is also something the Plan Commission may want to discuss. The temporary garden sales vendor already
received their approvals for this year. The property owner is alright with both sales occurring at one time.
STAFF RECOMMENDATION PC 026-2019
Approval of Resolution #PC 026-2019
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Resolution PC 026-2019
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MUSKEGOthe City of
Area of InterestI0380760
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 026-2019
Dustin HeinFreedom Fireworks, LLC.W189 S7847 Racine Avenue
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RESOLUTION #P.C. 026-2019
APPROVAL FOR SALE OF FIREWORKS FOR FREEDOM FIREWORKS LLC AT THE PIGGLY
WIGGLY PROPERTY LOCATED IN THE SE ¼ OF SECTION 8
(W189 S8747 Racine Avenue / TAX KEY NO. 2192.973)
WHEREAS, A request has been submitted by Dustin Hein of Freedom Fireworks LLC to locate a
temporary sales container and signs advertising the sale of fireworks at the Piggly Wiggly property
located at W189 S8747 Racine Avenue, and
WHEREAS, Fireworks sales were previously operated at this location, and temporary sales vendors
have typically been limited to one on site at any one time, and
WHEREAS, The container will be 48’ x 8’ in size with a 10’ x 48’ safety barrier in front of the container,
and
WHEREAS, Signage has been indicated as two 3’ x 20’ temporary banners that will be hung from each
side of the container and one 8’ x 8’ temporary banner on one end of the storage container. , and
WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations
has been provided, and
WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division
for any electricity hookups, and
WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary
sales container in the Piggly Wiggly parking lot for fireworks sales for Freedom Fireworks LLC subject to
the following conditions:
1. Dates of operation approved from June 10th, 2019 to July 10th, 2019, and
2. Hours of operation permitted only from 8 am to 9 pm, and
3. A letter of approval from the property owner has been submitted to the Planning Division
approving rental space for Freedom Fireworks LLC, and
4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division
prior to any site work on the property, if applicable, and
5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office.
BE IT FURTHER RESOLVED, No sales/displays can occur outside of the storage/display container.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 027-2019
For the meeting of: May 7, 2019
REQUEST: One (1) Lot Land Division
Muskego Dam Drive/Loomis Road / Part of Tax Key No. 2295.999.010
SW ¼ of Section 34
PETITIONER: Michael Erickson of All-Star Rentals
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 027-2019
The petitioner is proposing a land division splitting one lot from a large remnant parcel by Certified Survey
Map. The proposed lot is 365,404 SF (8.389 acres). The remnant parcel is roughly 22 acres and since it
is over twenty (20) acres in size and not intended to be developed any further at this time, it is not
included as part of this CSM.
PLAN CONSISTENCY PC 027-2019
Comprehensive Plan: The 2020 Plan depicts the area for commercial land use. The proposal
is for a future commercial use and is consistent with the Plan.
Zoning: In August 2018 this portion of the property was rezoned to B-4 Highway
Business District (Ord. #1419), which requires a minimum lot size of
30,000 square feet and average lot width of 150 feet. The proposal is for
a future commercial use and is consistent with the Plan.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park or conservation areas on
this property.
Street System Plan: All required right-of-way has been dedicated as required. The proposal
is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
Sanitary sewer is not in the proximity of this property. Therefore on-site
systems will be necessary. The proposal is consistent with the Plan.
Water Capacity Assessment
District:
The lots will be served by a private water well. The proposal is
consistent with the Plan.
Stormwater Management
Plan:A grading plan will need to be submitted in the future when building
permits are applied for.
DISCUSSION PC 027-2019
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Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to be addressed before the CSM can be signed by the City and recorded.
The CSM includes a cross-access easement has been provided along the northern frontage to provide
future access to the vacant lot to the west.
The use discussed for the proposed property is a new facility for All-Star Rentals. They are in need of a
larger building for their use and are seeking this land division to allow a larger building on the new site.
Staff recommends approval subject to meeting all technical corrections received from the Planning and
Engineering Divisions. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 027-2019
Approval of Resolution PC 027-2019
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MUSKEGOthe City of
Area of InterestI05701,140
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 027-2019
KKM REAL ESTATE HOLDINGS, LLCMichael EricksonSouthern corner of Loomis Road and Muskego Dam Drive intersection
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RESOLUTION #P.C. 027-2019
APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE KKM REAL ESTATE HOLDINGS, LLC
PROPERTY LOCATED AT ALONG MUSKEGO DAM DRIVE / PART OF TAX KEY NO. 2295.999.010
WHEREAS, A Certified Survey Map (CSM) was submitted by Michael Erickson, of All-Star Rentals, for a
one (1) lot land division located along Muskego Dam Drive near the intersection with Loomis Road / Part of
Tax Key No. 2295.999.010, and
WHEREAS, The proposed lot is 365,404 SF (8.389 acres), and
WHEREAS, In August 2018 this portion of the property was rezoned to B-4 Highway Business District (Ord.
#1419), which requires a minimum lot size of 30,000 square feet and average lot width of 150 feet per lot,
and
WHEREAS, The 2020 Comprehensive Plan depicts the area for commercial land use and the proposal is
consistent with the plan, and
WHEREAS, This lot will be served with private water wells, on-site septic and on-site storm water
management, and
WHEREAS, A cross-access easement has been provided along the northern frontage to provide future
access to the vacant lot to the west, and
WHEREAS, There is a remnant lot that is not included as part of this CSM since it is over twenty (20) acres
in size and since it is not intended to be developed any further at this time.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Loomis Road / Part of Tax Key No. 2295.999.010, subject to resolution of technical discrepancies as
identified by the City Engineers, and payment of all applicable fees and outstanding assessments if
applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 028-2019
For the meeting of: May 7, 2019
REQUEST: Metal Accessory Structure
Tax Key No. 2290.998.012 / S104 W18404 Keiser Lane
NW ¼ of Section 33
PETITIONER: Nicole Jodat
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 028-2019
The petitioner proposes to construct a 56’ x 48’ accessory structure (totaling 2,688 square feet) on their 3.6 acre lot.
The actual building measures 56’ x 40’ with a 56’ x 8’ covered porch/lean-to feature. The applicant is proposing a
structure with steel siding and roofing and since said materials do not match the home Plan Commission approvals
are required. Additionally, there is currently a 12’ x 18’ accessory structure on the property that accounts for the
one allowable accessory structure without Plan Commission review. The Plan Commission is able to grant
approval of a second accessory structure if the total allowable square footage requirement can be met. Plans are
attached for your review.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 028-2019
Comprehensive Plan:The 2020 Plan depicts the area for rural density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RC-1 - Country Residence District. Accessory structures
totaling 3,144 square feet are permitted on the subject property. The new
proposal measures 2,688 square feet in area. There is an existing 12’ x 18’ (216
square foot) existing accessory structure that exists on this lot. The total size of
both accessory structures is 2,904 square feet. The proposal meets the bulk
requirements of the Zoning Code.
STAFF DISCUSSION PC 028-2019
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
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The petitioner is proposing a structure with steel siding and a steel roof. The west façade of the building will feature
a 40-inch high band of stone around the base and the remaining facades will include wainscoting at the same
height. The east elevation shows a covered porch/lean-to type feature that extends the entire length of the
structure. Additionally, there are four windows, two service doors and a weathervane to add to the architectural
character of the accessory structure. The roof, trim and siding match the home colors of two shades of gray and a
light ‘snow’ color. The colors of the steel siding will be a light gray matching the home. The roof is the darker gray
color with white trim, which will also match the home.
The proposed height of the building is 18’ 2” feet as measured per the Zoning Code and that is within the allowed
height of 26 feet. This allowed height is based on the lot size of 3.6 acres.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific
portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to
those on the main home.
STAFF RECOMMENDATION PC 028-2019
Approval of Resolution #PC 028-2019, finding that there will be no undue harm to the surrounding
properties, the rural-ness of area and the architectural character of the accessory structure.
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MUSKEGOthe City of
Area of InterestI0240480
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 028-2019
Nicole JodatS104 W18404 Keiser Lane
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RESOLUTION #P.C. 028-2019
APPROVAL OF A METAL ACCESSORY STRUCTURE
FOR THE JODAT PROPERTY LOCATED IN THE NW ¼ OF SECTION 33
(TAX KEY NO. 2290.998.012 / S104 W18404 KEISER LANE)
WHEREAS, A site plan and building drawings were submitted to construct a 56’ x 48’ metal accessory structure (totaling 2,688
square feet) on the Jodat property located at S104 W18404 Keiser Lane (Tax Key No. 2290.998.012), and
WHEREAS, The property is zoned RC-1 – Country Residence District, and said structure is a permitted accessory use and
subject to Plan Commission review due to the proposed architectural materials shown, more specifically due to a proposed
steel roof and steel siding, and
WHEREAS, A home residence and an accessory structure (216 SF) currently exists on site, in addition to the proposed
building, and
WHEREAS, The proposed square footage of the new and existing accessory structures total 2,904 square feet, which is within
the total allowable square footage for accessory structures on this property (3,144 square feet), which meets the bulk
requirements of the Zoning Code, and
WHEREAS, The accessory structure will be used for personal storage only, and
WHEREAS, The proposed height is approximately 18.17 feet, as measured by code, which is within the allowed height of 26
feet due to the large lot size, and
WHEREAS, The structure is proposed to be clad with steel wall panels and a steel roof and said proposal does not meet the
Plan Commission’s standards for administrative approval of residential accessory structures as the siding and roofing do not
match the materials of the primary residence, and
WHEREAS, The colors of the walls will be light gray, the roof will be dark gray and the trim will be white to match the home,
and
WHEREAS, The west façade will feature a 40-inch high band of stone around the base and the remaining facades will include
wainscoting at the same height, and
WHEREAS, The building is shown containing decorative elements such as two pedestrian doors, a few windows, a
weathervane, a stone/wainscoting band and a lean-to/covered porch feature, and
WHEREAS, Approval is also required since this is the second accessory over 120 square feet on this lot.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 2,688 square foot metal accessory structure for the
Jodat property located at S104 W18404 Keiser Lane (Tax Key No. 2290.998.012).
BE IT FURTHER RESOLVED, The building and lot cannot be used for the operations of any business activities or for business
storage.
BE IT FURTHER RESOLVED, The floor of the entire building must be concrete or asphalt, unless a specific portion is only to
be used by animals.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the
main home.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, the rural-ness of area and the architectural character of the accessory structure.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result
in the issuance of fines of $100 per day per violation, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 029-2019
For the meeting of: May 7, 2019
REQUEST: Building, Site and Operation Plan (BSO) Amendment for a local craft brewery
Tax Key No. 2166.997.003 / S64 W15680 Commerce Center Parkway
NW ¼ of Section 2
PETITIONER: Interstate Partners LLC
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 029-2019
Interstate Partners LLC, owner of the building along Commerce Center Parkway, is assisting a local craft
brewery with a Building, Site and Operation Plan amendment to allow the brewery to move into the last of
the tenant spaces within their building. The building currently houses Cosentino and US Auto. The local
craft brewery would locate in the remaining 20,500 square feet of the building.
CONSISTENCY WITH ADOPTED PLANS 029-2019
Comprehensive Plan: The 2020 Plan depicts the property as Business Park uses. This proposal is
consistent with the plan.
Zoning:
The property is zoned BP-3 – Business Park District and the use falls under
the light manufacturing so the proposed amendment is consistent with the
code.
STAFF DISCUSSION PC 029-2019
As is noted above, Interstate Partners is assisting with approvals for a local craft brewery to occupy the
remaining tenant space in the existing light industrial building. As part of the new business opening in this
location, the applicant would is also seeking approval for an outdoor patio area and two (2) grain silos.
The main use will be a brewery including the production, bottling/canning, and distribution of craft beer
and spirits. Associated secondary uses at the site will include a tap room and restaurant, serving a lunch
and dinner menu. Approximately three-quarters of the 20,500 square foot space will be dedicated to
brewing/distilling with the remaining space left for the tap room and restaurant.
The outdoor seating area will contain a new paved stamped concrete patio for approximately eight (8)
outdoor tables surrounded by vegetation and a new curb separating patrons from vehicle traffic. The
patio area will be 33’-6” x 24’-1.5” in size. The landscaping area will buffer the patio by 3’-6” on the west
and southern sides and 5’-3” on the east side. As part of the permitting for this project, a landscape plan,
with species and sizes identified, must be submitted for this use/area. The resolution is drafted as such.
Two outdoor grain silos are also being requested as part of this approval. The silos will be located in the
rear of the building in the truck dock area and will be filled from inside the building limiting odors to the
surrounding area. One silo is for fresh grains to be used for brewing while the second would be used as
a confined space to house the spent grains. The silos will be painted to match the building with the logo
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brewery logo affixed to the side. The grain silos must not be taller than the building and the resolution is
drafted to limit the height of the grain silos to the height of the building.
While the brewery/production would operate at normal business hours, the restaurant and tap room are
proposed to be open to the public on Sunday from 11:00 AM to 9:00 PM, Monday thru Thursday from
11:00 AM to 10:00 PM, and Friday and Saturday from 11:00 AM to 12:00 AM.
The existing building and parking lot has approximately 50 stalls available for this use, which has been
deemed acceptable to the brewery. Per the Code, the restaurant and tap room requires 50 stalls and for
the production portion of the building would be one stall per every two employees. There are more than
70 stalls on the site with the other existing uses predominately first shift there should be no issues with
ample parking stalls on-site.
If there are any bollards or railing protecting the outdoor seating area, they must be painted a color to
match the building. Any bollards behind the building must match those as currently exist behind the
building.
As part of the overall proposal, no new lighting, detailed signage, or enclosure materials for the outdoor
patio has been proposed at this time. If any new lighting, signage or fencing is requested in the future
appropriate permits will be needed from the City. Any new/altered exterior lighting (wall mounted,
structure mounted, and/or pole mounted) must meet all City required lighting specs, including all fixtures
being full cut-off with zero degree tilt.
Overall, staff feels this use will become a destination point for many residents and visitors to the City and
will fit seamlessly in the Business Park.
STAFF RECOMMENDATION PC 029-2019
Approval of Resolution PC 029-2019
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MUSKEGOthe City of
Area of InterestI0275550
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Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 029-2019
Interstate PartnersS64 W15680 Commerce Center Parkway
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RESOLUTION #P.C. 029-2019
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
A LOCAL CRAFT BREWERY LOCATED IN THE NW ¼ OF SECTION 2
(TAX KEY NO. 2166.997.003 / S64 W15680 COMMERCE CENTER PARKWAY)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
from Interstate Partners LLC for a local craft brewery located at S64 W15680 Commerce Center
Parkway / Tax Key No. 2166.997.003, and
WHEREAS, The petitioner is proposing a local craft brewery in the last of the tenant spaces in the
building for use as a brewery/distillery, tap room and restaurant, and
WHEREAS, The total space is 20,500 square feet and approximately three-quarters of the space
will be dedicated to brewing/distilling (products & distribution) with the remaining space left for the
tap room and restaurant, and
WHEREAS, Two (2) enclosed grain silos are proposed for exterior storage of fresh and spend
grains behind the building in the truck dock area, and
WHEREAS, There is an area that currently contains a window on the front façade that is
proposed to be replaced with a glass door, and
WHEREAS, An outdoor seating area is proposed along the front of the building within 5 parking
stalls and it will be approximately 33.5 feet x 24 feet in size, surrounded on three sides by
landscaping, and
WHEREAS, The brewery production will typically occur Monday – Friday and the restaurant and
tap room hours are planned to be Sunday from 11:00 AM to 9:00 PM, Monday thru Thursday
from 11:00 AM to 10:00 PM, and Friday and Saturday from 11:00 AM to 12:00 AM, and
WHEREAS, No new lighting or signage has been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan for a local craft brewery at S64 W15680 Commerce Center Parkway / Tax
Key No. 2166.997.003.
BE IT FURTHER RESOLVED, The two (2) grain silos at the rear of the building shall be painted
to match the building and must not be taller than the building.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole
mounted) will need approvals from the Planning Division before any lighting changes can be
made and all City required lighting specs must be met, include all fixtures being full cut-off with
zero degree tilt.
BE IT FURTHER RESOLVED, Proper permits are required for the proposed construction prior to
work commencing.
BE IT FURTHER RESOLVED, A landscape plan is required prior to approval of any permits for
any work associated with this proposed use.
BE IT FURTHER RESOLVED, Any bollards or railings protecting the outdoor seating area must
be painted a color to match the building.
BE IT FURTHER RESOLVED, Any bollards behind the building must match those as currently
exist behind the building.
BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require Planning
review and approvals.
BE IT FURTHER RESOLVED, No outdoor storage or display is proposed or approved as part of
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BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 030-2019
For the meeting of: May 7, 2019
REQUEST: Extraterritorial Certified Survey Map for a One-Lot Land Division
Town of Vernon, Waukesha County
PETITIONER: Larry Koth
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 030-2019
The property is located along Center Road in the Town of Vernon. The CSM is for a one-lot land division and is
within the extraterritorial review authority of the City as defined by State Statute.
STAFF DISCUSSION PC 030-2019
The petitioner is proposing to create one new parcel. The new parcel will be approximately 2 acres in size (1.990
acres to the meander line).
There appears to be no adverse drainage impacts to the City of Muskego per the Engineering Department.
There are only two technical corrections that need to be addressed on this CSM.
STAFF RECOMMENDATION PC 030-2019
Approval of Resolution # PC 030-2019
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RESOLUTION #P.C. 030-2019
APPROVAL OF A ONE-LOT EXTRATERRITORIAL CERTIFIED SURVEY MAP
FOR THE KOTH PROPERTY
LOCATED IN THE TOWN OF VERNON
WHEREAS, A Certified Survey Map was submitted by Larry Koth for a one (1) lot land division located in
the Town of Vernon, and
WHEREAS, This property is located within the jurisdiction of the extraterritorial powers of the City of
Muskego and approval by the Plan Commission is necessary under the City’s subdivision regulations, and
WHEREAS, There appears to be no adverse drainage impacts to the City of Muskego as determined by the
Engineering Department, and
WHEREAS, The Town of Vernon and/or Waukesha County must also approve all certified survey maps
within their jurisdiction.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the extraterritorial Certified Survey
Map for a one lot land division submitted by Larry Koth for a property located in the Town of Vernon and
recommends the same to the Common Council.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 031-2019
For the meeting of: May 7, 2019
REQUEST: Metal Accessory Structure
Tax Key No. 2298.998.001 / S104 W14934 Loomis Drive
NW ¼ of Section 35
PETITIONER: Jerry Krause
INTRODUCED: May 7, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 031-2019
The petitioner proposes to construct a 26’ x 40’ accessory structure (totaling 1,040 square feet) on their 2.9 acre lot.
The applicant is proposing a structure with steel siding and roof and since said materials do not match the home
Plan Commission approvals are required.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 031-2019
Comprehensive Plan:
The 2020 Plan depicts the area for commercial uses or rural density residentail
uses along the Loomis Road corridor. The proposal for this outbuilding is
consistent with the Plan.
Zoning:
The property is zoned A-1 - Agriculture District. Accessory structures totaling
2,524 square feet are permitted on the subject property. The proposal measures
1,040 square feet in area. The proposal meets the bulk requirements of the
Zoning Code.
STAFF DISCUSSION PC 031-2019
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing a structure with steel siding and a steel roof. The colors of the steel siding and roof will
be dark grey with white trim to match the home. There are two windows, a service door, overhead raised panel
door and overhangs to also match the home.
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The proposed height of the building is 15 feet as measured per the Zoning Code and that is within the allowed
height of 23 feet. This allowed height is based on the lot size of 2.9 acres.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific
portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to
those on the main home.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home and
details of the roof color must be provided to staff at the time of permitting to ensure the colors match the home.
STAFF RECOMMENDATION PC 031-2019
Approval of Resolution #PC 031-2019, finding that there will be no undue harm to the surrounding
properties and the rural character of the neighborhood.
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MUSKEGOthe City of
Area of InterestI0290580
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 031-2019
Jerry KrauseS04 W14934 Loomis Drive
JANESVIL
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Prepared by City of Muskego Planning Department Date: 5/2/2019
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RESOLUTION #P.C. 031-2019
APPROVAL OF A METAL ACCESSORY STRUCTURE
FOR THE KRAUSE PROPERTY LOCATED IN THE NW ¼ OF SECTION 35
(TAX KEY NO. 2298.998.001 / S104 W14934 LOOMIS DRIVE)
WHEREAS, A site plan and building drawings were submitted to construct a 26’ x 40’ metal accessory structure (totaling 1,040
square feet) on the Krause property located at S104 W14934 Loomis Drive (Tax Key No. 2298.998.001), and
WHEREAS, The property is zoned A-1 Agriculture District, and said structure is a permitted accessory use and subject to Plan
Commission review due to the proposed architectural materials shown, more specifically due to a proposed steel roof and
steel siding, and
WHEREAS, A home is currently being built on the site and with occupancy expected in early summer, and
WHEREAS, The proposed square footage of 1,040 square feet is within the total allowable square footage for accessory
structures on this property (2,524 square feet), which meets the bulk requirements of the Zoning Code, and
WHEREAS, The accessory structure will be used for personal storage only, and
WHEREAS, The proposed height is approximately 15 feet, as measured by code, which is within the allowed height of 23 feet
due to the large lot size, and
WHEREAS, The structure is proposed to be clad with steel wall panels and a steel roof and said proposal does not meet the
Plan Commission’s standards for administrative approval of residential accessory structures as the siding and roofing do not
match the materials of the primary residence, and
WHEREAS, The colors of the walls will be dark grey with white trim to match the home, and
WHEREAS, The building is shown containing decorative elements such as one pedestrian service door, two (2) windows and
an overhead raised panel door.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 1,040 square foot metal accessory structure for the
Krause property located at S104 W14934 Loomis Drive (Tax Key No. 2298.998.001).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The floor of the entire building must be concrete or asphalt, unless a specific portion is only to
be used by animals.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home and details of the
roof color must be provided to staff at the time of permitting to ensure the colors match the home.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the
main home.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties and the rural character of the neighborhood.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result
in the issuance of fines of $100 per day per violation, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 7, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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