Plan Commission Packet - 3/6/2018
*AMENDED
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
March 6, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE FEBRUARY 6, 2018 MEETING
PUBLIC HEARING
Public Hearing for a renewal of Conditional Use Grant in accordance with Section 14 of the
City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining
and processing of sand and gravel and the extension of use of an asphalt plant at the NW
corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section 13 (Tax
Key 2230.996 / W217 S8425 Crowbar Road).
CONSENT BUSINESS
Recommended for approval en gross.
RESOLUTION PC 007-2018 - Renewal of a Conditional Use Grant for the purpose of
continued mining and processing of sand and gravel, and the extension of use of an asphalt
plant for Payne and Dolan in the NE 1/4 of Section 13 (Tax Key No. 2230.996 / W217
S8425 Crowbar Road).
RESOLUTION PC 008-2018 - Approval of an Annual Review for the George Alex property
located in the NE 1/4 of Section 25 (Tax Key No. 2257.984 / Loomis Drive).
RESOLUTION PC 009-2018 - Approval of an Annual Review for the George Alex / Robert
Jacob property located in the NE 1/4 of Section 25 (Tax Key No. 2257.973.001 / S98
W12575 Loomis Court & W125 S9912 North Cape Road).
RESOLUTION PC 010-2018 - Approval of an Annual Review for Frey Auto located in the
NE 1/4 & SE 1/4 of Section 34 (S106 W16301 Loomis Road / Tax Key No. 2293.996.002).
RESOLUTION PC 011-2018 - Approval of an Annual Review for the Durham Hill Auto
property located in the NE 1/4 of Section 25 (S98 W12578 Loomis Drive / Tax Key No.
2257.982.002).
RESOLUTION PC 012-2018 - Approval of an Annual Review for Schaefer Snowplowing
and Grading LLC located in the NW 1/4 of Section 29 (W195 S9775 Racine Ave / Tax Key
No. 2274.998).
RESOLUTION PC 014-2018 - Approval of an annual review for outdoor storage for Ralph
W. Raush at the property located in the SW 1/4 of Section 16 (Tax Key 2223.003 / S83
W18550 Saturn Drive).
Plan Commission Agenda 2
March 6, 2018
RESOLUTION PC 014-2018 - Approval of an annual review for outdoor storage for Ralph
W. Raush at the property located in the SW 1/4 of Section 16 (Tax Key 2223.003 / S83
W18550 Saturn Drive).
RESOLUTION PC 015-2018 - Approval of a Site and Operations Review for Tess Corners
Automotive located in the NE 1/4 of Section 2 (Tax Key No. 2165.989.001 / W145 S6645
Tess Corners Drive).
RESOLUTION PC 016-2018 - Approval of the sale of Fireworks for American Fireworks and
Novelties LLC at the Jetz Fuel property located in the SW 1/4 of Section 2 (S69 W15461
Janesville Road / Tax Key No. 2167.995.011).
RESOLUTION PC 017-2018 - Approval of a One Lot Certified Survey Map for the Sobieski
property located in the NW 1/4 of Section 35 (S104 W14949 Loomis Drive / Tax Key No.
2298.998).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 018-2018 - Approval of a Building, Site, and Operation Plan Amendment
for Advanced Disposal Services Emerald Park Landfill, LLC located in the NE 1/4 of Section
36 (W124 S10391 S 124st Street / 2301.999).
RESOLUTION PC 019-2018 - Recommendation to Council to Amend the Zoning Map of the
City of Muskego from B-3 General Business to DR-1 Downtown Revival District for the
properties located in the SE 1/4 of Section 9 (Tax Key No. 2196.955 & 2196.954 / S75
W17385 Janesville Road).
PC 020-2018 - Discussion of a Conceptual Land Division for the Janusz property located in
the NE 1/4 of Section 34 (S103 W16115 Heinrich Drive / Tax Key No. 2293.999.001 / S103
W16115 Heinrich Drive).
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.
Unapproved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
February 6, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Kathy Chiaverotti called the meeting to order at 6:05 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Commissioners Buckmaster, Jacques, Peardon, and Planner
Trzebiatowski. Excused: Commissioner Bartlett and Ald. Kubacki.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF THE DECEMBER 5, 2018 MEETING
Commissioner Jacques made a motion to approve the minutes of the December 5,
2017 meeting. Commissioner Peardon seconded.
Motion Passed 4 in favor.
CONSENT BUSINESS
Commissioner Jacques made a motion to approve consent business engross.
Commissioner Buckmaster seconded.
Motion Passed 4 in favor.
RESOLUTION PC 001-2018 - Approval of a One Lot Extraterritorial Certified Survey Map for
the Menako property located in the Town of Norway.
RESOLUTION PC 002-2018 - Approval of an Accessory Structure for the Tretow property
located in the NW 1/4 of Section 33 (Tax Key No. 2290.995.005 / W187 S10568 Kelsey Drive).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 003-2018 - Recommendation to Council to Rezone the Rozeski property
from A-1 Agricultural District to RC-1 Country Residence District for the property located in the
NW 1/4 of Section 28 (Tax Key No. 2270.999.002 & 2270.999.003 / W185 S9584 Parker
Drive & W185 S9550 Parker Drive)
Commissioner Jacques made a motion to approve RESOLUTION PC 003-2018 -
Recommendation to Council to Rezone the Rozeski property from A-1 Agricultural
District to RC-1 Country Residence District for the property located in the NW 1/4 of
Section 28 (Tax Key No. 2270.999.002 & 2270.999.003 / W185 S9584 Parker Drive &
Plan Commission Minutes 2
February 6, 2018
W185 S9550 Parker Drive). Commissioner Peardon seconded.
Motion Passed 4 in favor.
RESOLUTION PC 004-2018 - Approval of a Four Lot Certified Survey Map for the Rozeski
property located in the NW 1/4 of Section 28 (Tax Key No. 2270.999.002 & 2270.999.003 /
W185 S9584 Parker Drive & W185 S9550-52 Parker Drive)
Commissioner Buckmaster made a motion to approve RESOLUTION PC 004-2018 -
Approval of a Four Lot Certified Survey Map for the Rozeski property located in the
NW 1/4 of Section 28 (Tax Key No. 2270.999.002 & 2270.999.003 / W185 S9584 Parker
Drive & W185 S9550-52 Parker Drive). Commissioner Jacques seconded.
Motion Passed 4 in favor.
RESOLUTION PC 005-2018 - Approval of a Three Lot Certified Survey Map for the Rozeski
property located in the NW 1/4 of Section 28 (Tax Key No. 2270.999.003 / W185 S9584 Parker
Drive).
Commissioner Jacques made a motion to approve RESOLUTION PC 005-2018 -
Approval of a Three Lot Certified Survey Map for the Rozeski property located in the
NW 1/4 of Section 28 (Tax Key No. 2270.999.003 / W185 S9584 Parker Drive).
Commissioner Peardon seconded.
Motion Passed 4 in favor.
RESOLUTION PC 006-2018 - Approval of a Building, Site and Operation Plan Amendment for
Muskego Norway School District - Muskego High School Athletic Facility Home Side Bleachers
located in the NW 1/4 of section 21 (Tax Key No. 2242.999 W185 S8750 Racine Ave).
Commissioner Jacques made a motion to approve RESOLUTION PC 006-2017 -
Approval of a Building, Site and Operation Plan Amendment for Muskego Norway
School District - Muskego High School Athletic Facility Home Side Bleachers located
in the NW 1/4 of section 21 (Tax Key No. 2242.999 W185 S8750 Racine Ave).
Commissioner Peardon seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn at 6:18 PM. Commissioner
Jacques seconded.
Motion Passed 4 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
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CITY OF MUSKEGO NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:00 PM on Tuesday, March 68 at the City Hall, W182 S8200 Racine Avenue, to consider the following:
Upon the petition of Payne & Dolan Company shall the following described land as addressed as W217 S8425 Crowbar Road be granted a renewal of Conditional Use in accordance with Section 6.07 (7) of the Muskego Zoning Ordinance for the purpose of continued mining and processing sand and gravel, extension of the accessory use (asphalt plant) located on the NW corner of Crowbar Road and Janesville Road (CTH L).
A parcel of land located in the NE 1/4 and SE 1/4 of Section 13, T5N, R19E, City of Muskego, Waukesha County, Wisconsin; and a parcel of land located in the NW 1/4 and SW 1/4 of Section 18, T5N, R20E, City of Muskego, Waukesha County, Wisconsin; and, a parcel of land located in the SW 1/4 of the SW 1/4 of Section 7, T5N, R20E, City of Muskego, Waukesha County, Wisconsin, as described in vol. 1010, page 297 of Deeds.
Detailed descriptions are available for public inspection at the Department of Community Development. All interested parties will be given an opportunity to be heard.
Plan Commission City of Muskego
Publish in the Muskego NOW Newspaper on February 18
Dated this 14th day of February 2018.
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 AND 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.
NOTICE "Please note that, 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 the Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679-4136."
City of Muskego
Plan Commission Supplement PC 007-2018
For the meeting of: March 6, 2018
REQUEST: Renewal of a Conditional Use Grant for the purpose of continued mining and
processing of sand and gravel and the extension of use of an asphalt plant
Crowbar Road / Janesville Road
NE ¼ and SE ¼ of Section 13
PETITIONER: Payne & Dolan
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 007-2018
Petitioner seeks approval of the required annual review for continued mining and processing of
sand and gravel and the extension of use of an asphalt plant.
PLAN CONSISTENCY PC 007-2018
Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and
extractive land use. The proposal is consistent with the Plan.
Zoning:
The M-3, Landfill & Extractive District, allows extractive operations
by conditional use grant. A CUG was previously approved for the
extractive operations and asphalt plant. An annual review is
required as a condition of approval.
Park and Conservation
Plan
No parks are proposed in the area. High Conservation Priority is
along Crowbar Road, specifically as a view corridor. The current
extractive operations are far removed from this area. P & D has
continuously improved this area of their site through restoration,
slope stabilization, and plantings. The proposal is consistent with
the Plan.
Street System Plan: The Street System Plan indicates Crowbar Road to be a 100’
ultimate right-of-way. No dedication is required at this time.
Utility Service Areas: The property is served by private sewer and private water.
DISCUSSION PC 007-2018
A site inspection on February 22, 2018 revealed the site to be well maintained. The site is paved
where product is picked up. Erosion control practices are followed; no materials are tracked off
site. The equipment on site appears well maintained.
Payne & Dolan does not have a schedule for 2018 night-time operations and trucking at this time.
When night operations are scheduled, past notification practices will be followed. This includes
sending letters regarding their evening operations to affected property owners, accompanied by a
phone number for complaints. They also notice the City of these operations.
There were no complaints received by the Community Development Department last year
regarding night trucking.
A Reclamation Plan was submitted and approved in 2002 as per Chapter 38 of the Muskego
Ordinance. This is reflected in the Resolution.
STAFF RECOMMENDATION PC 007-2018
Approval of Resolution # PC 007-2018
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RESOLUTION #P.C. 007-2018
APPROVAL FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE GRANT #37
AND THE APPROVAL FOR THE RENEWAL OF THE CONTINUED OPERATION OF THE
ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND
SE ¼ OF SECTION 13
WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal
of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and
WHEREAS, That request also includes renewal for the operation of the asphalt plant, and
WHEREAS, All fees have been paid and the public hearing will be held befor e the Plan
Commission on March 6, 2018, and
WHEREAS, There is an existing $317,000 bond for site restoration on file with the City, and
WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as
per Resolution #P.C. 113-2002, and
WHEREAS, Per the conditional use, the petitioner will self -regulate the monitoring of trucking and
provide neighbors with information of contact personnel to resolve potential disputes, and
WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego
Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such
received an automatic permit for operation from the Wisconsin DNR.
THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby
approve the renewal of the extraction permit for the Conditional Use Grant #37 and the approval
for the renewal of the permit for continued operation of the asphalt plant on Crowbar Road.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 008-2018
For the meeting of: March 6, 2018
REQUEST: Annual Review for the George Alex Property (Mini-Storage)
S98 W12712 Loomis Drive / Tax Key No. 2257.984
NE ¼ and SE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 008-2018
The parcel is located off of Loomis Drive. The site contains three mini-storage buildings towards the
rear of the site and an office on the front of the site. Approvals were received per #P.C. 227 -94 for a
Conditional Use Grant and Building, Site, and Operation Plan to conduct mini-warehouse operations
on the property. The resolution approved two structures, and both structures are now constructed on
the lot. There have been additional approvals, most recently approved by #P.C. 051-2013, to
temporarily allow some outdoor storage of U-Haul vehicles and up to three additional storage
buildings, one of which has been built. The CUG dictates that no outdoor storage is permitted (other
than for the U-Hauls for a limited period of time), no vehicle repair is allowed, and no business
operations are allowed to be conducted from the storage buildings. An annual review is required.
STAFF DISCUSSION PC 008-2018
A site inspection of the site was conducted on February 22, 2018. The site met the conditions formally
approved. No complaints were received by the Planning Department since the last annual review. The
resolution is worded to have a review every two years.
STAFF RECOMMENDATION PC 008-2018
Approval of Resolution # PC 008-2018
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RESOLUTION P.C. 008-2018
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-
STORAGE WAREHOUSES FOR GEORGE ALEX FOR THE PROPERTY LOCATED AT
S98 W12712 LOOMIS DRIVE (TAX KEY NO. 2257.984)
WHEREAS, This parcel contains a Conditional Use Grant and Building, Site and Operation plan
that was adopted by the Plan Commission for two mini-storage warehouses for the property
located on Loomis Drive for George Alex under Resolution #P.C. 227-94 on December 20,
1994, and
WHEREAS, The site conditions of approval included:
1. Beginning in March of 1996, an annual review shall be conducted to ensure the
development is maintained.
2. No outside storage of vehicles, equipment, goods or materials.
3. No vehicle repair or restoration activities.
4. No manufacturing, assembly or materials and goods distribution operations, and
WHEREAS, Three additional storage buildings were also approved under #P.C.051-2013 one
of which has been built at this time, and
WHEREAS, A site inspection was completed on February 22, 2018 for the property and it was
in compliance with the conditions of the approved BSO and CUG, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review
for the Conditional Use Grant and the Building, Site, and Operation plan for the George Alex
property.
BE IT FURTHER RESOLVED, That a review continues to be held every two years in March of a
calendar year.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall
result in the imposition of fines of $100 per day per violation, the initiation of legal action or
both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 009-2018
For the meeting of: March 6, 2018
REQUEST: Annual Review for the George Alex / Robert Jacob Property (Mini-Storage and Auto
Repair)
Loomis Court and North Cape Rd. (USH 45) / Tax Key No 2257.973.001
NE ¼ and SE ¼ of Section 25
PETITIONER: Planning Division
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 009-2018
This parcel is located off of Loomis Court and North Cape Road (USH 45). The site contains two
buildings. The southern building contains mini-storage units and an office/retail space, currently used
by My Table Pottery. The northern building contains mini-storage units and an auto repair business.
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, #P.C. 025-2007,
#P.C. 033-2014 and #P.C. 065-2017. An annual review is required. The basic conditions of the
approvals are as follows:
1. An auto repair business may operate off the northern building on the site.
2. Auto sales and detailing can occur from the southern building no site.
3. There can be no more than five (5) vehicles for sale on this property in the pre -approved
locations.
4. The southern building’s office area is limited to only five (5) small motor vehicles for outdoor
display. These displays can only be out during business operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the
northeastern portion of the site. The fencing of this area must include brown colored privacy
slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all time s
within the fenced area at the northeastern part of the site, with the exception of three (3) U -
Haul trucks parked east of the newer building.
STAFF DISCUSSION PC 009-2018
A site inspection was completed on February 22, 2018 and the site was found to be mostly in
compliance. The only items found to not be in compliance were that there were numerous signs on
the property that did not have permits and some of which did not look orderly. The resolution states
that any/all non-permitted signage will need to be removed from the site or have sign permits applied
for within fifteen (15) days from the date of this approval or citations could be issued.
STAFF RECOMMENDATION PC 009-2018
Approval of Resolution # PC 009-2018
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RESOLUTION P.C. 009-2018
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-STORAGE
WAREHOUSES AND AUTO REPAIR FOR GEORGE ALEX AND ROBERT JACOB FOR THE
PROPERTY LOCATED ON LOOMIS COURT AND NORTH CAPE ROAD
(TAX KEY NO. 2257.973.001)
WHEREAS, The property contains a Conditional Use Grant and Building, Site and Operation plan that was
adopted by the Plan Commission for one mini-storage warehouse building with office space and for a
building with mini-storage warehouses and an auto repair business for the property located on Loomis
Court and on North Cape Road (USH 45) for George Alex and Robert Jacob, most recently under
Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, #P.C. 025-2007, #P.C. 033-2014 and
#P.C. 065-2017, and
WHEREAS, The site conditions of approval included:
1. An auto repair business may operate off the northern building on the site.
2. Auto sales and detailing can occur from the southern building on site.
3. There can be no more than five (5) vehicles for sale on this propert y in the pre-approved
locations.
4. The southern building’s office area is limited to only have five (5) small motor vehicles for outdoor
display. These displays can only be out during business operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern
portion of the site. The fencing of this area must include brown colored privacy slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times
within the fenced area at the northeastern part of the site, with the exception of three (3) U-Haul
trucks parked east of the newer building, and
WHEREAS, A site inspection was completed on February 22, 2018 and the site was found to be mostly in
compliance, and
WHEREAS, The only items found to not be in compliance were that there were numerous signs on the
property that did not have permits and some of which did not look orderly.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review for the
Conditional Use Grant and the Building, Site, and Operation plan for the George Alex and Robert Jacob
property.
BE IT FURTHER RESOLVED, Any/all non-permitted signage will need to be removed from the site or
have sign permits applied for within fifteen (15) days from the date of this approval or ci tations could be
issued.
BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the March
meeting of every calendar year.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the
imposition of fines of $100 per day per violation, the initiation of legal action or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 010-2018
For the meeting of: March 6, 2018
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 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 010-2018
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 010-2018
An inspection was completed on February 22, 2018 and compliance was not found as there were vehicles
found throughout the lot not matching the originally approved Plan Commission site plan. There were cars on
site that were not in marked stalls, were double parked in stalls, and/or were obstructing through traffic due to
their parked location within aisles. A letter was sent to the owner alerting them of these issues and a follow up
inspection was conducted on March 1, 2018 and the site was in compliance at that time. The resolution is
drafted for approval.
STAFF RECOMMENDATION PC 010-2018
Approval of Resolution # PC 010-2018
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RESOLUTION #P.C. 010-2018
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 W 16301 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 22, 2018 and there were issues/violations
found on site, and
WHEREAS, A letter was sent to the business owner identifying the issue s and a follow inspection was
conducted on March 1, 2018 and the site was in compliance at that time.
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.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 011-2018
For the meeting of: March 6, 2018
REQUEST: Annual Review for Durham Hill Auto
S98 W12578 Loomis Drive / Tax Key No. 2257.982.002
NE ¼ of Section 25
PETITIONER: Planning Division
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 011-2018
Petitioner seeks approval of the required annual review for the operations at S98 W12578 Loomis
Drive.
In 2005, the petitioner received CUG and BSO Plan amendments to allow the continued operation of
an auto sales business. The BSO included a site plan outlining exact marked parking stalls with areas
to be restored to green space (including landscaping). There were additional BSO amendments
approved by the Plan Commission under Resolution # P.C. 079-2006 and # P.C. 067-2007.
STAFF DISCUSSION PC 011-2018
An inspection was completed on February 22, 2018 and compliance was not found as there were
vehicles found throughout the lot not matching the originally approved Plan Commission site plan. A
letter was sent to the business owner identifying the issue and a follow up inspection was conducted
on March 1, 2018 and the site was in compliance at that time. The resolution is draft for approval.
STAFF RECOMMENDATION PC 011-2018
Approval of Resolution # PC 011-2018
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Du rha m Hill Au to S9 8 W 125 78 L oo mis D rive
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RESOLUTION #P.C. 011-2018
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO
LOCATED IN THE NE ¼ OF SECTION 25
(S98 W12578 LOOMIS DRIVE / TAX KEY NO. 2257.982.002)
WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building,
Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto
located at S98 W12578 Loomis Drive, and
WHEREAS, There were BSO Amendments approved under Resolution P.C. 079-2006 and P.C.
067-2007, and
WHEREAS, The property is zoned B-4, Highway Business, and current uses are allowed by right
and by Conditional Use Grant, and
WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a s ite plan
that showed marked parking stalls for customer and vehicle sales, areas to be restored to green
space, and areas of landscaping, and
WHEREAS, A site inspection was conducted on February 22, 2018 and there were vehicles
found parked in areas not allowed per the approved site plan for this property, and
WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection
was conducted on March 1, 2018 and the site was in compliance at that time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual
review for Durham Hill Auto.
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.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 012-2018
For the meeting of: March 6, 2018
REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC
W195 S9775 Racine Avenue / Tax Key No. 2274.998
NW ¼ of Section 29
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 012-2018
The Plan Commission originally authorized an annual review for the property for every year in the month of
August until further notice. The petitioner received Plan Commission approval as per PC Resolutions #155-
1990 and 012-2004. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 012-2018
Comprehensive Plan:
The 2020 Plan depicts the area for agriculture and open lands use. The
use as a business existed and is consistent with the Plan.
Zoning:
The property is zoned A-1 Agricultural District. The proposal is consistent
with the Municipal Code and past petitions.
DISCUSSION PC 012-2018
The property has had prior approvals for the snowplowing and grading business since 1990. The property
currently has an existing 252’ x 60’ metal farm pole building of which 40’ is used for shop area and the rest
used for the agricultural practice of the property. The property also houses an approved 32’ x 40’ salt storage
structure. The previous approved resolutions both state that no outside storage of any equipment or LP fuel
tanks be located next to the building, and that the business be limited to 17 drivers. Plan Commission
requested the annual review during the approvals of February 2004 to make sure the site does not become
unsightly and that the outside storage is outside of the public view and mostly contained in the approved
storage buildings.
A site inspection was conducted on February 22, 2018 and compliance was found as the site was in
compliance. Any larger trucks were parked way back by the building or in the building. Also, with the last year
or two the salt shed roof was replaced and is still in good condition.
STAFF RECOMMENDATION PC 012-2018
Approval of Resolution PC 012-2018
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Sch aefe r Snowp lo w ing W1 95 S97 75 Ra cin e Ave
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RESOLUTION #P.C. 012-2018
APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING AND
GRADING LLC LOCATED IN THE NW ¼ OF SECTION 29
(W195 S9775 RACINE AVENUE / TAX KEY NO. 2274.998)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan f or Schaefer
Snowplowing and Grading LLC at the property located at W195 S9775 Racine Avenue as per
Resolution #P.C. 155-1990, and
WHEREAS, The Plan Commission approved an amended Building, Site and Operation Plan for
Schaefer Snowplowing Resolution #P.C. 012-2004, and
WHEREAS, Conditions of approval included the following:
1. No outside storage of any equipment, LP fuel tanks be located next to the building,
and the business be limited to 17 drivers, and
2. Annual Plan Commission review, and
WHEREAS, The yearly review was moved to March of each year, with the other annual
reviews, so that the site can be viewed more easily due to the crops not growing on that
property at that time of the season, and
WHEREAS, Staff met with Mr. Schaefer in early 2009 to discuss the ongoing cleanup of the site
and it was agreed that Mr. Schaefer would begin to remove any storage of vehicles that exist on
the east side of the main accessory structure to the southern and western sides of the structure
to further reduce outside storage, unless the vehicles are being actively used on that day for
business purposes, and
WHEREAS, Upon a site inspection on February 22, 2018, Planning Division staff found the site
to be in compliance with the approvals.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of
the Building, Site and Operation plan for Schaefer Snowplowing and Grading LLC at the
property located at W195 S9775 Racine Avenue.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site
and Operation Plan shall result in the imposition of fines of $100 per day per violation, the
initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 013-2018
For the meeting of: March 6, 2018
REQUEST: Annual Review for RD Meyer Mini Storage
Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive
NE ¼ of Section 2
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 013-2018
The Plan Commission approved a Building, Site, and Operation Plan for R.D. Meyer & Associates, Inc. for the
property in the Tess Corners Industrial Park located at W145 S6550 Tess Corners Drive (Tax Key No.
2165.998.012) on August 15, 2006, by Resolution #P.C. 069-2006 and further amended by #P.C. 020-2016.
Plan Commission stipulated in Resolution #P.C. 069-2006 that an annual review be completed in March to
make sure the stipulations of the original BSO approvals were being followed.
STAFF DISCUSSION PC 013-2018
A site inspection was completed on February 22, 2018 and while the property was maintained well, review of
City records revealed that the three newest storage buildings on site have not received occupancy yet and this
is due to the roofs of the buildings having varying striped colors and the fencing having varying striped colors.
These varied striped colors were not approved by the Plan Commission and do not appear to meet the
intentions of the design guide for this area. These issues were originally brought up to the property owner via a
memo on January 9, 2017 but no changes have been made since that time and the owner has not contacted
us about resolving the issue at hand.
Based on this annual review process, a letter was sent to the property owner about these issues again on
February 26, 2018. The letter gave the property owner until March 1, 2018 to contact the City to discuss a
resolution to these violations. As of March 2, 2018 the owner has not gotten back to the City to resolve these
issues. As such staff is recommending deferral of this item to allow the owner another few weeks to resolve
the issues. If the applicant does not develop a plan to resolve these issues, then additional actions may be
taken, including the possible issuance of citations.
It is important to note that the owner has been made aware that he does not have occupancy granted for the
use of these three new buildings and that any current use of these three buildings would be illegal. These units
need to be vacant until these issues are resolved.
STAFF RECOMMENDATION PC 013-2018
Approval of Resolution # PC 013-2018
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RD Meyer Min i Sto rag e W1 45 S65 50 Tes s C or ne rs Dr ive
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RESOLUTION #P.C. 013-2018
APPROVAL OF AN ANNUAL REVIEW FOR R.D. MEYER & ASSOCIATES, INC.
LOCATED IN THE NE ¼ OF SECTION 2
(W145 S6550 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.012)
WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for R.D. Meyer
& Associates, Inc. for the property in the Tess Corners Industrial Park located at W145 S6550
Tess Corners Drive (Tax Key No. 2165.998.012) on August 15, 2006, by Resolution #P.C. 069-
2006 and further amended by #P.C. 020-2016, and
WHEREAS, The property is zoned M-2, Industrial District, and said use is allowed by Plan
Commission approval with a Conditional Use Grant, and
WHEREAS, Plan Commission stipulated in Resolution #P.C. 069-2006 that an annual review be
completed in March to make sure the stipulations of the original BSO approvals were being
followed, and
WHEREAS, A site inspection was completed on February 22, 2018 and issues were observed on
site but upon review of City records it was discovered that the three newest storage buildings on
site have not received occupancy yet and this is due to the roofs of the buildings having varying
striped colors and the fencing having varying striped colors, and
WHEREAS, A letter was sent to the owner on February 26, 2018 identifying the issues at hand
and the letter stated that the owner needed to contact the City by March 1, 2018 to discuss how
these issue were going to be resolved.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for R.D.
Meyer & Associates, Inc., subject to compliance with all conditions of approval.
BE IT FURTHER RESOLVED, That the yearly review will occur every two years.
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 da y, the initiation of legal action, or
both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 014-2018
For the meeting of: March 3, 2018
REQUEST: Approval of renewal for outdoor storage for Lake and Country Storage
S83 W18550 Saturn Dr / Tax Key No. 2223.003
SW ¼ of Section 16
PETITIONER: Ralph Raush
INTRODUCED: March 4, 2014
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 014-2018
Petitioners received approval through a series of PC Resolutions (#65-89, #199-90, #201-93) to
conduct a mini-warehouse facility with outdoor storage. The outdoor storage is limited to five (5)
wheeled vehicles along the north lot line, and no vehicle is to exceed six feet in height. Two-three
vehicles are allowed for Dan Plautz cleaning service as well. An annual review has been required
in the past.
STAFF DISCUSSION PC 014-2018
A site inspection was conducted on February 22, 2018 and compliance was found.
STAFF RECOMMENDATION PC 014-2018
Approval of Resolution # PC 014-2018
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Ra lph R au sh S8 3 W 185 50 Sa tu rn D r ive
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RESOLUTION #P.C. 014-2018
APPROVAL OF RENEWAL OF OUTDOOR STORAGE FOR RALPH W. RAUSH AT THE
PROPERTY LOCATED AT S83 W18550 SATURN DRIVE
(LAKE & COUNTRY STORAGE - TAX KEY NO. 2223.003)
WHEREAS, On May 2, 1989 the Plan Commission, adopted a Building Site and Operation Plan through
Resolution #P.C. 65-89, and amended that Plan through Resolutions #P.C. 199-90 and Resolution #P.C.
201-93, and
WHEREAS, Only five (5) wheeled vehicles (vehicles, trailers, boats) may be stored at this location and
must be located along the north lot line, parallel parked and no higher than six (6) feet with an annual
review in the March Plan Commission meeting, and
WHEREAS, A site inspection was conducted on February 22, 2018 and compliance was found on site,
and
WHEREAS, Parking along the west lot lines is not allowed per the Fire Department’s determination from
2006, and
WHEREAS, No complaints were received by the Planning Department during the past year.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the renewal of outdoor storage for
Lake & Country Storage, Inc., located at S83 W18550 Saturn Drive.
BE IT FURTHER RESOLVED, That the yearly review will occur every two years.
BE IT FURTHER RESOLVED, That all aspects of this building, site and operation plan, as t hey relate to
the building, parking and drive areas, landscaped areas and signage shall be maintained in perpetuity
unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval sha ll result in the
imposition of fines of $100 per day per violation, the initiation of legal action or both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 015-2018
For the meeting of: March 3, 2018
REQUEST: Site and Operations Review for Tess Corners Automotive
Tax Key No. 2165.989.001 / W145 S6645 Tess Corners Drive
NE ¼ of Section 2
PETITIONER: Planning Division
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 015-2018
Petitioner received approval in September 2016 by Resolution #PC 001-2016 to operate an auto repair facility
from this site. The property is zoned HC-1, Tess Corners Historic Crossroads District. The use is permitted
subject to CUG and BSO approval. The Resolution stated an annual review will occur on this property for two
years after the building has been in operation and if no problems are found, the annual review will be
eliminated.
STAFF DISCUSSION PC 015-2018
An inspection was completed on February 22, 2018 and the site looked fine but staff confirmed that occupancy
was never granted due to some outstanding code and approval items that needed to yet be addressed by the
contractor and the owner. Those remaining items have now been completed or have an agreed upon date to
be completed. As such staff is recommending approval of this annual review, subject to the remaining fence
installations being completed by June 30, 2018, as per the approved agreement between the property owner
and the neighbor to the north.
STAFF RECOMMENDATION PC 015-2018
Approval of Resolution # PC 015-2018
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Te ss Co rn er s Auto mot iv e W1 45 S66 45 Tes s C or ne rs Dr ive
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RESOLUTION #P.C. 015-2018
APPROVAL OF A SITE AND OPERATIONS REVIEW FOR TESS CORNERS AUTOMOTIVE
LOCATED IN THE NE ¼ OF SECTION 2 (TAX KEY 2165.989.001 / W145 S6645 TESS
CORNERS DRIVE)
WHEREAS, The Plan Commission approved Conditional Use Grant and Buildin g, Site, and
Operation Plan on September 6, 2016 for an automobile repair facility for Tess Corners Auto
located at W145 S6645 Tess Corners Drive, and
WHEREAS, The property is zoned HC-1 Historic Crossroads District and allows an auto service
facility by conditional use grant (CUG), and
WHEREAS, The Resolution stated an annual review will occur on this property for two years after
the building has been in operation and if no problems are found, the annual review will be
eliminated, and
WHEREAS, A site inspection was completed on February 22, 2018 and no issues were present
on site and the building/site just received occupancy due to some outstanding code and approval
items that needed to be addressed by the contractor and the owner.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the site and operations
review for Tess Corners Automotive, subject to the remaining fence installations being completed
by June 30, 2018, as per the approved agreement between the property owner and the neighbor
to the north.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of f ines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 016-2018
For the meeting of: March 6, 2018
REQUEST: Approval of the Temporary Sale of Fireworks at Jetz Fuel
S69 W15461 Janesville Road / Tax Key No. 2167.995.011
SW ¼ of Section 2
PETITIONER: Dolan Pomrening, American Fireworks and Novelties LLC
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 016-2018
Petitioner proposes to operate a temporary fireworks sales stand at the Jetz Fuel parking lot. A 32’ x 30’ tent is
proposed. Signage has been indicated as two 2.5’ x 10’ and two 4’ x 20’ temporary banners that will be hung from
each side of the tent and small directional signs at the entrances of the parking lot. Operations are proposed from June
11th – July 11th, 2018, from 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 016-2018
The proposal is consistent with operations of other vendors in Muskego and for this site.
A transient merchant license must be obtained from the City Clerk’s Office.
The Fire Department brought to the attention of the Planning Department their Wisconsin Chief Fire Officer
Guidebook. Within the guidebook it states that storage and handling of fireworks m ay not occur within 50 feet of a
dwelling, public assembly, or where gasoline or volatile liquids are dispensed in quantities greater than 1 gallon.
The proposed site meets the guidebook requirements.
Once again this year, as in the past, a storage container is proposed on site. There have been no problems with
the storage container in the past. The container will be located within a parking stall along the Moorland Road side
of the lot.
STAFF RECOMMENDATION PC 016-2018
Approval of Resolution #PC 016-2018
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RESOLUTION #P.C. 016-2018
APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR AMERICAN FIREWORKS AND
NOVELTIES LLC AT THE JETZ FUEL PROPERTY LOCATED IN THE SW ¼ OF SECTION 2
(S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011)
WHEREAS, A request has been submitted by Dolan Pomrening of American Fireworks and Novelties LLC to
locate a temporary sales tent and signs advertising the sale of fireworks at the Jetz Fuel property located at
S69 W15461 Janesville Road, and
WHEREAS, Fireworks sales were previously operated at this location, and temporary sales vendors are
limited to one on site at any one time, and
WHEREAS, The tent canopy will be 30’ x 32’ in size, and
WHEREAS, Signage has been noted on the proposal as two 2.5’ x 10’ and two 4’ x 20’ temporary banners
that will be hung from each side of the tent and small directional signs at the entrances of the parking lot, 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 stand at
the Jetz Fuel parking lot for fireworks sales for Dolan Pomrening of American Fireworks and Novelties LLC
subject to the following conditions:
1. Dates of operation approved from June 11th, 2018 to July 11th, 2018, 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 American Fireworks and Novelties 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, That the small directional signs cannot be within any right -of-ways or vision
corners and they can only be placed on the Jetz Fuel property.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 017-2018
For the meeting of: March 6, 2018
REQUEST: One (1) Lot Land Division
S104 W14949 Loomis Drive / Tax Key No. 2298.998
NW ¼ of Section 35
PETITIONER: Steven Sobieski
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 017-2018
The petitioner is proposing to divide one parcel by Certified Survey Map. The new proposed lot will be
124,991 sq. ft. (2.87 acres).
PLAN CONSISTENCY PC 017-2018
Comprehensive Plan:
The 2020 Plan depicts the area for rural density residential uses. The
proposal for a single-family land split is consistent with the Plan.
Zoning:
The property is currently zoned A-1 Agricultural District, which requires
a minimum lot size of 120,000 square feet and average lot width of 300
feet. The proposed lot does not meet the 300 foot average width, but
the land division is still possible since this CSM is just separating this
portion of the lot from the remnant portion of the lot which are separated
by a roadway. With that being the case, the proposal is consistent with
the Plan.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park areas or conservation
areas on the property. The proposal is consistent with the Plan.
Street System Plan: Any required right-of-way has been dedicated as required. Per the State
DOT, no access is allowed along Loomis Road (STH 36). The proposal
is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: All lots are served by a private mound or septic systems. The proposal
is consistent with the Plan.
Water Capacity Assessment
District: The lots will be served by private water wells. The proposal is
consistent with the Plan.
Stormwater Management
Plan: A grading plan will need to be submitted as part of any future permit
submittals.
DISCUSSION PC 017-2018
Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to occur that will need to be addressed before the CSM can be signed by the City
and recorded. One specific item of note is that a soil boring must be conducted to determine the highest
anticipated seasonal ground water level for the vacant lot and a perc test must be done to make sure a
septic or mound system will work on site.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 017-2018
Approval of Resolution PC 017-2018
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RESOLUTION #P.C. 017-2018
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE SOBIESKI
PROPERTY LOCATED IN THE NW ¼ OF SECTION 35
(TAX KEY NO. 2298.998 / S104 W14949 LOOMIS DRIVE)
WHEREAS, A Certified Survey Map (CSM) was submitted by Steven Sobieski for a one (1) lot land division
located in the NW ¼ of Section 35 (Tax Key No. 2298.998 / S104 W14949 Loomis Drive), and
WHEREAS, The new lot is proposed to be 124,991 sq. ft. (2.87 acres), and
WHEREAS, The property is currently zoned A-1 Agricultural District, which requires a minimum lot size of
120,000 square feet and average lot width of 300 feet, and
WHEREAS, The proposed lot does not meet the 300 foot average width, but the land division is still possible
since this CSM is just separating this portion of the lot from the remnant portion of the lot which are
separated by a roadway, and
WHEREAS, The 2020 Plan depicts the area for rural density residential uses and the proposal is consistent
with the plan, and
WHEREAS, All lots will be serviced by private sewer systems and private water wells.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Steven Sobieski for a one (1) lot land division located in the NW ¼ of Section 35 (Tax Key No. 2298.998 /
S104 W14949 Loomis Drive), subject to resolution of technical discrepancies as identified by the City
Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and
outstanding assessments if applicable.
BE IT FURTHER RESOLVED, A soil boring must be conducted to determine the highest anticipated
seasonal ground water level and a perc test must be done to make sure a septic or mound system will work
on site.
BE IT FURTHER RESOLVED, Per the State DOT, no access is allowed along Loomis Road (STH 36).
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: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 018-2018
For the meeting of: March 6, 2018
REQUEST: Building, Site and Operation Plan Amendments for Advanced Disposal Services Emerald
Park Landfill, LLC
Tax Key No. 2301.999 / W124 S10391 S. 124th Street
NE ¼ of Section 36
PETITIONER: Advanced Disposal Services Emerald Park Landfill, LLC
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 018-2018
Advanced Disposal Services Emerald Park Landfill, LLC has submitted a proposal to relocate their
residential trash/recycling drop-off to this new area about a ¼ mile north of the existing drop -off site on
land owned by the landfill. The current drop-off location mixes residents with large trucks and this can
create a less than ideal condition. The new location would be used only for resident use dur ing specific
drop-off times.
CONSISTENCY WITH ADOPTED PLANS 018-2018
Comprehensive Plan: The 2020 Plan depicts the property for Landfill and Extractive uses. The
proposal is consistent with the Plan.
Zoning: The property is zoned M-3, Landfill and Extractive District. The use is
permitted subject to BSO approval.
STAFF DISCUSSION PC 018-2018
The new drop-off area will be fenced and there will be a shelter structure at the entry gate to control entry
into this area. Fifteen 20-cubic yard dumpsters will be strategically placed within this fenced area for the
various trash/recycle items that are dropped off. There will also be a 45’ x 20’ recycling drop -off area and
a 40’ x 40’ green waste drop-off area added to this new site.
Some of the project area currently contains asphalt as a driving surface and new gravel will be added to
create additional drive surfaces. There will be a berm added along the eastern side of the drop -off site
that will be at least 4 feet high and there will be 6 foot tall pine trees placed on top of the berm to help with
screening this area. The resolution reaffirms the requirement of the berm height, tree height and tree
spacing.
The existing buildings on-site will remain and no new lighting or signage has been proposed at this time.
Any new/altered signage or lighting (temporary or permanent) will require further review and approvals.
No other outdoor storage or display is allowed on site unless specific Plan Commission approvals are
granted in the future for any storage.
STAFF RECOMMENDATION PC 018-2018
Approval of Resolution PC 018-2018
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RESOLUTION #P.C. 018-2018
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
ADVANCED DISPOSAL SERVICES EMERALD PARK LANDFILL, LLC
LOCATED IN THE NE ¼ OF SECTION 36
(TAX KEY NO. 2301.999 / W124 S10391 S. 124TH STREET)
WHEREAS, A submittal was received from Advanced Disposal Services Emerald Park Landfill,
LLC for a property located at W124 S10391 S. 124th Street / Tax Key No. 2301.999, and
WHEREAS, The petitioner is proposing to relocate their residential trash/recycling drop-off to this
new area about a ¼ mile north of the existing drop-off site on land owned by the landfill, and
WHEREAS, The current drop-off location mixes residents with large trucks and this can create a
less than ideal condition, and
WHEREAS, The new location would be used only for resident use during specific drop-off times,
and
WHEREAS, The drop-off area will be fenced and there will be a shelter structure at the entry gate
to control entry into this area, and
WHEREAS, Fifteen 20-cubic yard dumpsters will be strategically placed within this fenced area
for the various trash/recycle items that are dropped off, and
WHEREAS, There will also be a 45’ x 20’ recycling drop-off area and a 40’ x 40’ green waste
drop-off area added to this new site, and
WHEREAS, Some of the project area currently contains asphalt as a driving surface and new
gravel will be added to create additional drive surfaces, and
WHEREAS, There will be a berm added along the eastern side of the drop-off site that will be at
least 4 feet high and there will be 6 foot tall pine trees placed on top of the berm to help with
screening this area, and
WHEREAS, The existing buildings on-site will remain, and
WHEREAS, No new lighting or signage has been proposed at this time.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan from Advanced Disposal Services Emerald Park Landfill, LLC located at
W124 S10391 S. 124th Street / Tax Key No. 2301.999.
BE IT FURTHER RESOLVED, Any new lighting exterior lighting will need approvals from the
Planning Division before building permits can be issued 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 the berms must be at least 4 feet in height above existing
grade and the pine trees on top must be spaced to form an effective screen at the time of planting
with heights of at least 6 feet.
BE IT FURTHER RESOLVED, No other outdoor storage or display is allowed on site unless
specific Plan Commission approvals are granted in the future for any storage.
BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review
and approvals.
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: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 019-2018
For the meeting of: March 6, 2018
REQUEST: Rezoning from B-3 (General Business District) to DR-1 (Downtown Revival District)
Tax Key Nos. 2196.955 & 2196.954 / S75 W17385 Janesville Road
SE ¼ of Section 9
PETITIONER: John Jewell of Jewell Homes
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 019-2018
The petitioner has submitted a rezoning request from B-3 (General Business District) to DR-1 (Downtown
Revival District).
PLAN CONSISTENCY PC 019-2018
Comprehensive Plan: The 2020 Comprehensive Plan shows the area as commercial uses.
The proposal is consistent with the plan.
Zoning: The property is currently B-3 (General Business District). The zoning
being requested is DR-1 (Downtown Revival District). The DR-1 district
requires minimum lots sizes of 7,200 SF with a minimum average width
of 60 feet. The proposed combined lot must meet these requirements.
Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent
with the Plan.
Street System Plan: The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
This area is served by municipal sewer. The proposal is consistent with
the Plan.
Water Capacity Assessment
District:
This area is served by municipal water. The proposal is consistent with
the Plan.
DISCUSSION PC 019-2018
John Jewell is petitioning for a rezoning for a property located on the southwest corner of Janesville Roa d
and Westwood Drive. The rezoning request is from B-3 (General Business District). The zoning being
requested is DR-1 (Downtown Revival District). The DR-1 zoning district requires parcels to be at least
7,200 square feet and 60 feet in width. The resolution is drafted stating the new combined lot must be at
least 7,200 SF in area per the requirements of the Zoning Code. If this cannot be met, then this district
cannot be allowed on this property.
The 2020 Comprehensive Plan identifies this area as Commercial uses and the proposed rezoning still
meets this requirement. The proposed DR-1 zoning has been used as a great resource to facilitate
redevelopment along Janesville Road.
The petitioner is requesting this rezoning in order to try to build a new commercial building on this site.
A public hearing for this request will be held on March 13, 2018. Due to the submittal deadline and th e
meeting calendar, the Public Hearing is happening after the Plan Commission recommendation could be
made. This has occurred on some past rezoning requests when the meeting/submittal deadline dates
dictated such. If any negative comments and/or concerns arise from that Public Hearing, then this
Resolution would come back before the Plan Commission for re -review before final Common Council
action.
STAFF RECOMMENDATION PC 019-2018
Approval of Resolution PC 019-2018 – Pending any comments that may come out of the Public Hearing
on March 13, 2018.
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RESOLUTION #P.C. 019-2018
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM B-3 GENERAL
BUSINESS DISTRICT TO DR-1 DOWNTOWN REVIVAL DISTRICT FOR THE PROPERTY
LOCATED IN THE SE ¼ OF SECTION 9 (TAX KEY NOS. 2196.955 & 2196.954 / S75 W17385
JANESVILLE ROAD).
WHEREAS, A petition to rezone a property from the B-3 – General Business District to DR-1
Downtown Revival District for the property located in the SE ¼ of Section 9 (Tax Key Nos.
2196.955 & 2196.954 / S75 W17385 Janesville Road), and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for commercial land use,
and
WHEREAS, A Public Hearing for the rezoning will be heard before the Common Council on March
13, 2018, and
WHEREAS, The proposed DR-1 district requires a minimum lot size of 7,200 sq. ft. and average
lot width of 60’ per lot, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water,
and
WHEREAS, The purpose of the proposed rezoning is to help facilitate this lot for a future possible
commercial building/development.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from B-3 General Business District to DR-1 Downtown
Revival District for the property located in the SE ¼ of Section 9 (Tax key Nos. 2196.955 &
2196.954 / S75 W17385 Janesville Road).
BE IT FURTHER RESOLVED, If any negative comments and/or concerns arise from that Public
Hearing, then this Resolution would come back before the Plan Commission for re-review before
final Common Council action.
BE IT FURTHER RESOLVED, The newly proposed combined lot must be at 7,200 SF in area per
the requirements of the Zoning Code.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that 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.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 6, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Discussion PC 020-2018
For the meeting of: March 6, 2018
REQUEST: Conceptual 2 Lot Land Division
S103 W16115 Heinrich Drive / Tax Key No. 2293.999.001
NE ¼ of Section 34
PETITIONER: Frederic Janusz
INTRODUCED: March 6, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 020-2018
The petitioner has submitted a conceptual two (2) lot land division for discussion with the Plan
Commission. The reason for the conceptual review is that the petitioner is aski ng if the Plan Commission
would be willing to grant a waiver to the typical 80’ access as is identified in the Land Di vision Ordinance
(Chapter 18).
The petitioner is requesting conceptual discussion to get comments from the Planning Commission
regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual lot
line adjustment and to answer any questions.
PLAN CONSISTENCY PC 020-2018
Comprehensive Plan:
The 2020 Plan depicts the area for rural density residential uses (1-2.99
units/acre). The proposed concept is consistent with the Plan.
Zoning:
The property is zoned A-1 – Agricultural District. This zoning requires
minimum lot sizes of 120,000 SF and an average lot width of 300’. All
lots are also supposed to have at least 80 feet of frontage/access land
on a dedicated right-of-way.
DISCUSSION PC 020-2018
Per the submittal the petitioners are looking to split an existing lot into two lots now and possible
additional lots in the future. The petitioner currently lives on this lot and he is looking to split the lot to
create new lot(s) for his children. The total lot contains about 43.6 acres. That is enough land to support
numerous lots. What makes this lot tougher to divide is the fact that there is limited right-of-way frontage
to this lot. The only frontage to a public right-of-way is along Loomis Road (STH 36), which boarders the
eastern side of this property. As a reminder, all lots must have frontage along a public right-of-way.
Some large lots are not divisible at all due to lot width/access widths.
The question with this possible land division relates to the right-of-way frontage and/or access widths. As
is noted above, each lot should have 80 feet of frontage along a public right -of-way (and access width to
the buildable portion of the lot) and an average minimum width of 300 feet. The applicant has stated that
their preferred request would be to be allowed only 40 feet for access to the right-of-way. Their reason
for this request is that the applicant states that he does not want so much land tied up in these access
strips and he wants to have more flexibility in where future homes, accessory structures, etc. can be built.
The next alternative option that the applicant has asked the Plan Commission to consider was to allow
the width to be reduced to 72.5 feet, rather than 80’. They have stated the same reasons for this as with
the 40 foot request.
Since this 80 foot requirement is regulated by Chapter 18 (Land Division) of the Municipal Code, the Plan
Commission can grant a variance to this section when they feel all of the following are met:
o Exceptional Circumstances. There are exceptional, extraordinary or unusual circumstances or
conditions where a literal enforcement of the requirements of this chapter would result in severe
hardship. Such hardships should not apply generally to other properties or be of such a recurrent
nature as to suggest that this chapter should be changed.
o Preservation of Property Rights. Such variance is necessary for preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity.
o Absence of Detriment. The variance will not create substantial detriment to adjacent property and
will not materially impair or be contrary to the purpose and spirit of this chapter or the public
interest.
o A minimum of 5 affirmative Plan Commission member votes shall be required to grant any
variance of this chapter.
o Note - When such relief is granted, it shall be without detriment to the public good, without
impairing the intent and purpose of this chapter or the desirable general development of the City
in accordance with the adopted regional, county or City comprehensive plans or adopted plan
components. The reasons shall be entered in the Plan Commission minutes.
Relating to the two options above, the Plan Comm ission has granted small waivers to the 80 foot width
requirement in the past, but that was always in cases when there were no other options to allow the
division to occur. There have been numerous divisions in the past that never proceeded forward because
they could not meet the 80 foot requirement. There are no code requirements that state lots have to be
divisible and this lot is still divisible at the 80 foot access width as is typically required.
For this request the Plan Commission should discuss if they are willing to grant any waivers to the noted
80 foot width requirement or if they believe a land division should occur meeting the code required 80 foot
width.
DIRECTION PC 020-2018
The Plan Commission will need to evaluate if they are willing to grant a waiver to the code required 80
foot width, if they can determine it meets the codes mandated guidelines for waivers, as noted above.
The Plan Commission should take note that this land is still divisible without any waivers being granted.
Staff does not feel there are exceptional circumstances that are at play here that are not found on other
lots. As was noted above, there are many narrow lots in Muskego with limited frontage that are not even
divisible, regardless of their acreage. With these details being present, staff does not encourage waivers
being granted when there are other allowable options present. If the Plan Commission feels the 80 foot
width is excessive in general, then the City should discuss amending the codes.
The petitioner will be present at the meeting to further explain the project and to answer any questions.
No formal approval or denial will be given at this meeting and no guarantees can be made. This
conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would like
to take the next step and eventually apply for a formal CSM, the comments received at this meeting must
be addressed as part of the formal submittal.
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