PCR2003027RESOLUTION #P.C.027-2003
DETERMINATION OF A NON-SUBSTANTIAL CHACNGE TO THE APPROVED SARAH
ESTATES PLANNED DEVELOPMENT PERTAINING TO OPEN SPACE FOR THE WEILER
PROPERTY LOCATED IN THE NW ¼ OF SECTION 15
S79 W16864 GREEN STREET / TAX KEY NO. 2218.052
WHEREAS, Plans were submitted by Dale Weiler for determination of a non-substantial change
to the approved Sarah Estates planned development pertaining to open space requirements for
an individual parcel at the Weiler property located in the NW ¼ of Section 15, and
WHEREAS, The petitioner is proposing to install a paved driveway and sidewalk measuring
approximately 1,280 square feet, and
WHEREAS, Said property is currently zoned RS-2/OPD, Suburban Residence District as
modified by the Planned Development Overlay, and said use is a permitted use by right, and
WHEREAS, The petitioner’s property measures 18,125 SF, and the RS-2/OPD District for Sarah
Estates requires each property to maintain 15,000 square feet of open space, and
WHEREAS, The residence footprint measures 2,024 SF, and the addition of impervious surface
on the property will total 4,210 SF, resulting in 13,915 SF of open space
WHEREAS, The Public Works Committee and City Engineer require the use of Technical
Release 55 (TR-55): Urban Hydrology for Small Watersheds as prepared by the U.S. Department
of Agriculture to calculate storm runoff volume, peak rate of discharge, and storage volumes
required for management plans and facilities, and
WHEREAS, Modeling for stormwater management assumed that this property would contain
approximately 5,438 SF of impervious surface according to TR-55, and the existing management
facility for the subdivision was designed to accommodate the proposed amount of impervious
surface, and
WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the Plan
Commission and Common Council to consider petitions “without specific compliance to the
district regulations as hereinafter provided….” And as such, the Plan Commission and Common
Council have the discretion within Planned Development Districts to allow additional impervious
surface not in specific conformance with the Code, and
WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and Common
Council to consider amendments to the District as either “substantial” or “non-substantial”
changes. In the event that an amendment is considered substantial, a public hearing would be
held prior to Common Council consideration.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the installation of a
paved driveway and sidewalk not to exceed a total of 1,280 square feet as submitted by Dale
Weiler for the property located at S79 W16864 Green Street.
BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-substantial
change to the approved Sarah Estates Planned Development District and recommends to the
Common Council that no public hearing shall be required.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage shall
be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of
landscaping and/or asphalting, a bond, letter of credit or cashiers check equal to twice the value
of said costs must be submitted to the Planning Department.
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: March 4, 2003
Defeated:
Deferred:
Introduced: March 4, 2003
ATTEST: Sandi Asti, Recording Secretary