Loading...
PCM19651116PLANNING COMMISSION CITY OF MUSKEGO .- .e MINUTES OF MEETING HELD NOVEMBER 16, 1965 CITY HALL MR. CHASE CALLED THE NESTING TO ORDER AT 8:25 P. M. IN THE ABSENCE OF MAYOR GOTTFRIED. PRESENT: WILLIAN CHASE, SEC'Y, WILLARD BERTRAM, CHARLES BVEHLER, EDNVND BVDISH AND CLARENCE WALRATH. RUSSELL KNETZGER, CONSULTANT, AND GERALD LEE, BVILDING INSPECTOR, WERE ALSO PRESENT. MAYOR GOTTFRIED ARRIVED AT 9:05 P. M. ABSENT: JOHN MEINHARDT JlINUTES: PLANNER KHETZGER ANENDED THE NINVTES OF THE PREVIOUS NEETING, NOVEHBER 2, 1965, ON PAGE 2, SECOND PARAGRAPH, RELA- TIVE TO GERTH HEATING TO READ: MR. CHASE NOVED THAT THE CONNISSION INTERPRET A SHEET NETAL SHOP AS A CONDITIONAL USE VNDER THE B-3 GENERAL BVSINESS DISTRICT PVRSVANT TO SEC. 5.01 (3) UNCLASSIFIED USES. AND ON PAQE 2, THIRD RECONHENDATION FOR BOLDT BUTTER dc EGG PLANT TO READ: 3. KHERE PARKINQ PLACES ARE ELININATED, REPLACE THAT AREA WITH 'GRASS. AND ON PAGE 4, SECOND PARAGRAPH VNDER RICHARD MAURICE, TO READ: MR. CHASE If II II II If SVGGESTED THAT THE COHHISSION REQUEST T'$E PLANNER TO RE-STUDY HVLTIPLE FANILY 2ONING ON VALLEY DRIVE. PLANNER KNETZGER RECONXENDED THAT THE NINUTES BE ANENDED ON PAGE 2, SECOND PARAGRAPH, UNDER GERTH HEATIHG TO SHOW HOW SHOP AS A CONDITIONAL VSE. THE PROCEDVRE HAS BEEN THAT VNLESS IT WAS THE PLANNER'S OPINION THAT THIS WOVLD BE OF VALVE IN CERTAIN INSTANCES. IT WAS THE CONNISSION'S OPINION TO GIVE THE NEMBERS HAD VOTED ON THE NOTION TO INTERPRET A SHEET NETAL A ROLL CALL VOTE IS TAXEN THERE IS NO RECORDING OF THE VOTES. NORE THOVGHT IN THIS AREA. FOR RICHARD MAVRICE, NOVENBER 2, 1965, PAQE 2, LAST PARAGRAPH, TO READ ...e... AND ADD5TIONAL TRAFFIC WILL NAKE IT WORSE DURING THE SPRING THAW. MR. BERTRAN MENDED THE NINVTES OF THE PVBLIC HEARING II THE MINUTES AS ANENDED WERE APPROVED. SCHULER'S SUBDIVISION - MR. FRANCIS MCMVLLIN OF THE F. E. MCMULLIN REALTY, 522 E. MAIN ST., WATERFORD, WIS., APPEARED SEEKING APPROVAL TO RE-PLAT SCHVLER'S SVBDIVISION IN SECTION 32. MR. MCMVLLIN EXPLAINED THAT THERE WERE ONLY TWO DWELLINGS IN THE SVBDIVISION WHICH WERE SITTING ON SUB-STANDARD LOTS. WIDTH OF THESE LOTS TO 1/2 ACRE OR NORE WITH THE EXCEPTION OF IT WOVLD BE MR. MCMVLLIN'S INTENTION TO INCREASE THE DEPTH AND ONE LOT TO RENEDY THE SITVATION AND REACH ORDERLY DEVELOPNENT. THE CONMISSION REVIEWED A PLAT SVBNITTED BY MR. MC~~VLLIN PAGE 2 - * -SION: ( CONT. 1 I SHOWING THE PROPOSED DEVELOPNENT AND OTHER PLOTS ON FILE AT CITY HALL. MR. MCMULLIN EXPLAINED THAT HE WAS SEEKING ADVICE FROM THE COMNISSION AS TO WHAT COULD BE DONE TO CORRECT THE INADEQUATE LOT SIZES AND ALLOW DEVELOPMENT. MR. CHASE REQUESTED THAT MR. MCMULLIN LEAVE HIS P&@T WITH THE COMMISSION FOR REVIEW AND MR. MCMULLIN REQUESTED THAT A RECEIPT FOR SANE BE SENT TO HIN. PLANNER KNETZOER SUGGESTED THAT THIS BE REFERRED EITHER TO THE CITY ENGINEER OR CITY ATTORNEY TO DETERNINE IF THIS SUBDIVISION HAS BEEN RECORDED. MR. CHASE MOVED THAT THE NATTER OF SCHULER~S SUBDIVISION BE REFERRED TO THE CITY ENGINEER TO DETERNINE IF THIS IS A RECORDED SUBDIVISION. MR. UALRATH SECONDED THE MOTION AND THE NOTION CARRIED" RICHARD MAURIC4 - MR. RICHARD MAURICE OF LAKESIDE TOOL dc MACHINE Go. APPEARED RELATIVE TO A VACANT LOT ON VALLEY DR. A PUBLIC HEARING HAD BEEN HELD NOVENBER 2, 1965, AT WHICH MR. MAURICE HAD BEEN UNABLE TO ATTEND. THE CONHISSION'S DECISION BEEN PRESENTED AT THE HEARINO BY THE VALLEY DRIVE RESIDENTS. MR. BUDISH MOVED TO RECONSIDER AND REOPEN FOR DISCUSSION THE PETITION OF MR. MAURICE FOR A PARKING LOT ON VALLEY DRIVE AS MR. MAURICE WAS UNABLE TO ATTEND THE HEARING. MR. BERTRAM MR. MAURICE EXPRESSED CONCERN THAT THE DECISION HAD BEEN WHICH HAD BEEN PROPOSED FOR A PARKING AREA FOR HIS BUSINESS. WAS TO DENY THE PETITION IN VIEW OF FHE OPPOSITION WHICH HAD SECONDED THE MOTION AND THE MOTION CARRIED- MADE AND RENDERED WHILE HE WAS OUT OF TOWN. HE EXPLAINED THAT FIND A VALID EXCUSE FOR DENIAL. HE STATED THAT HE FELT THAT AS FAR AS A LOVER'S LOT'' WAS CONCERNED, IT COULD BECONE THIS IN ITS PRESENT CONDITION. IN ANSWER TO THE CONPLAINT THAT HE HAD READ THE MINUTES OF THE PUBLIC HEARING AND COULD NOT FHE RESIDENTS WERE EXPRESSING FEAR OF THINGS THAT MIGHT HAPPEN; It HE WAS PREMATURELY FILLING THE LOT AND CUTTING DOWN TREES, HE STATED THAT THE LOT IS LOW AND SWAMPY AND HE INTENDED TO FILL IT REOARDLESS OF THE OUTCOME OF THE REQUEST. PLANNER KNETZGER ASKED MR. MAURICE IF THE CONHISSION REQUIRED A 25' SET BACK FRON VALLEY DRIVE,^ WOULD IT LEAVE ENOUGH AREA FOR UTILIZATION. ANSWER YES . MR. MAURICE FURTHER EXPLAINED THAT THERE WOULD BE NO BUILDING INSPECTOR LEE QUESTIONED MR. MAURICE IF HE COULD It TRUCKING AS THE FACILITIES WERE ON THE OTHER SIDE OF THE CREEK. GO TO A THIRD SHIFT. ANSWER "Noti, AND FURTHER EXPLAINED THAT HE ONLY HAD A NIGHT SHIFT BECAUSE HE WAS UNABLE TO GET ENOUGH FULL TIME HELP DAYS. HE FURTHER EXPLAINED THAT IF HIS BUSINESS EXPANDED, WHICH WOULD COME WITHIN THE NEXT FIVE YEARS, EE WOULD HAVE TO NOVE FROM HIS PRESENT LOCATION AS TEERE IS NO ROON FOR EXPANSION. PAGE 3 - . ..HEIDEN MR. ART'/ 1779 5'6783 MUSKEGO DR. , EXPRESSED HIS OPINION '@ THAT MR. MAURICE WAS h SOLID CITIZEN AND SHOULD BE GIVEN A BREAK". IT WAS PLANNER KNETZGER'S OPINION THAT SHOULD THE PETITION BE GRANTED IT SHOULD BE LIKITED TO THREE YEARS. HE FURTHER RECOKKENDED CALLING AN INFORMAL HEARING AND ALL RESI- DENTS BE ADVISED. MR. BUDISH KOVED TO HOLD AN INFORMAL HEARING AT 7:3O P. M. DECEMBER 7, 1965, WITH THE RESIDENTS CONCERNED IN THIS MATTER. MR. VALRATH SECONDED THE KOTION AND IT CARRIED. THE RECORDING SECRETARY WAS DIRECTED TO NO~XFY THE INTERESTED PARTIES. PLARENCE KLEMM4 - MR. CLARENCE KLEKNE, W106 S7603 LINCOLN DR., APPEARED AT THE REQUEST OF BUILDING INSPECTOR LEE RELATIVE TO A FENCE CONSTRUCTED TOO CLOSE TO THE ROAD. MR. KLEKKE EX- FENCE HAD BEEN UP TWO YEARS IN APRIL. WOULD MR. KLEKHE BEAR THE TOTAL COST OF REKOVING TEE FENCE. ANSWER "YES". PLAINED THAT HE WAS NOT AWARE OF THE ORDINANCE AND THAT THE PLANNER KNETZGER ASKED IF THE ROAD MERE EVER WIDENED BVILDING INSPEGDR LEE ADVISED THE COKKISSION THAT THE ADJOINING PROPERTY OWNER, MR. SHARPE, K106 5'7675 LINCOLN DR., ALSO HAD A FENCE TOO CLOSE TO TEE ROAD, BVT THAT HE WAS IN THE SERVICE AND UNABLE TO APPEAR BEFORE THE COXKISSION. EOUSLY AND MR. BUEHLER KOVED TO HOLD THIS KATTER IN ABEYANCE UNTIL THE COKKISSION REVIEWED THE SITE AND HAS ADDITIONAL FENCE. MR. WALRATH SECONDED THE KOTION AND THE KOTION CARRIED. IT WAS THE COKKISSION'S OPINION TO ACT ON BOTH SIKULTAN- INFORKATION FROK THE ADJACENT PROPERTY OWNER IN REGARD TO THE WIGGU - MR. FRED LAVEY, S66 6/12582 SOMERSET DR. , SPOKE IN BEHALF OF TEE RESIDENTS IN THE AREA OF THIS PROPOSED GROCERY STORE. HE EXPLAINED THAT THEY HAD HELD A GENERAL MEETING THE PREVIOUS EVENING AND THE PEOPLE HAD EXPRESSED CONCERN RELdTIVE TO THE TRAFFIC HAZARD WHICH COULD BE CREATED Br THIS ADDITIONAL TRAFFIC. ONE OENTLEKAN EXPRESSED CONCERN THAT THE SIGN AT EKERSON DR. AND HIWAY 24 WQULD BE REKOVED AS IT HAS BECOME A LAND MARK. A GENTLEMAN EXPRESSED HIS OPINION THAT THIS KIND OF A STORE DOES ITS BIGGEST BUSINESS AT PEAK TRAFFIC HOURS WHEN THERE IS ALREADY AN OVERFLOW OF TRAFFIC. MAYOR GOTTFRIED EXPLAINED THAT SINCE THE STORE HAD BEEN APPROVED BY NEW BERLIN PLAN CONKISSION, THERE WAS NOT HUCH THAT COULD BE DONE OTHER THAN GETTING A REASONABLE SET-BACK. PLANNER KNETZGER REVIEBED THE SITE PLAN AND ADVISED THE CITIZENS THAT THIS WOULD BE AN OUTSTdNDING BUILDING. THERE WAS SOME DISCVSSION RELATIVE TO THE LEGALITY OF DENYING THE ACCESS POINT. r PAGE 4 a - MR. BUDISH SUGGESTED THE POSSIBILITY OF HAVING THE ENTRANCE TO FOUNTAINWOOD WIDENED ON HIGHWAY 24 TO ALLEVIATE THE TRAFFIC PROBLEM. MR. CHASE EXPRESSED CONCERN THAT BECAUSE OF THE HEAVY TRUCKING THE ROAD WOULD NEED CONTINUAL REPAIR AS IT HAD NOT BEEN DESIGNED FOR THIS PURPOSE. MR. THEURICH, WHO HAS A BUSINESS IN IEW BERLIN, 12451 JANESVILLE RD., ALSO EXPRESSED CONCERN RELATIVE TO THE TRAFFIC HAZARD AND ADVISED THE CONNISSION THAT BE, 'CAUSE OF HIS BUSINESS BEING IN NEW BERLIN, HE WOULD BE HAPPY TO ATTEND A NEW BERLIN PLAN CONNISSION MEETING AND ADVISE THEM OF THE RESIDENTS' CONCERN. IT WAS THE CONNISSIONS DECISION TO REQUEST A LEGAL OPINION FROM CITY ATTORNEY HIPPENHEYER WHETHER OR NOT THE ACCESS COULD BE DENIED. PLANNER KNETZGER DRAFTED A CONNURICATION TO THE NEW BERLIN PLAN CONKISSION INDICATING THE FOLLOWING OBJECTIONS: 1. THE NORTH ACCESS TO EHERSON DRIVE IS TOO CLOSE TO STH 24. WE WOULD PREFER IT TO BE 150 FEET FROH THE CENTERLINE OF e STH 24. 2. THE SOUTH ACCESS TO ENERSON DRIVE IS TOO CLOSE TO THE SOUTH - ~~ PROPERTY LINE, PROVIDING NO OPPORTUNITY FOR SCREENING THE LOT AND THE BUILDING FROK THE VIEW OF THE RESIDENTIAL LOTS ABUTTING ALONG THE SOUTH LINE- 3. APPEARANCE OF THE REAR OF THE BUILDING HAS NOT BEEN SHOWN- THE COMHISSION IS CONCERNED THAT IT BE AN ACCEPTABLE FACADE OTHER THAN CONCRETE BLOCK. 4. NO PROVISION IS SHOWN FOR THE NETHOD OF STORING AND SCREENING EXZlERIOR STORAGE SUCH AS CARTONS, REFUSE AND MILK CASINGS. 5. THE PROPERTY IS BASICALLY TOO SMALL FOR SUCH AN EXTENSIVE USE. 6. PROVISIONS FOR SEWAGE DISPOSAL HAVE NOT BEEN SHOWN. THIS LETTER WAS APPROVED BY THE COMNISSION. I - MR. DAVID COUTURE APPEARED EFOR A FOUR-FANILr APARTMENT BUILDING PROPOSED FOR THE SW CORNER OF HIWAY 24 AND ENERSON APPROVED BY NEW BERLIN PLAN CONNISSION. PAGE 5 THE COHHISSION REVIEWED THE SKETCH OF THE PROPOSED APART- HENT AND NOTED THAT THE ASPHALT WOULD GO UP TO THE BUILDING. PLANNER KNETZGER SUGGESTED THAT THE DRIVEWAY BE NARROWED TO ALLOWPDR LANDSCAPING. THE CONHISSION EXPRESSED CONSIDERABLE CONCERN AS TO ADE- BUATE LEACH BED AREA. AFTER CONSIDERABLE DISCUSSION IT WAS THE DECISION OF THE PLAN COHXISSION TO DEFER ACTION ON TXE REQUEST UNTIL THE CLARIFICATION OF THE REQUIREHENTS OF THE CITY OF NEW BERLIN, PARTICULARLY AS TO THE AREA REQUIRED FOR ADEQUATE SEWAGE DISPOSAL, AN APPROPRIATE LETTER TO BE SENT TO NEW BERLIN REQUESTING THIS INFORHATION. ydLL N' DALE HEIGU - MR. FRANK FRY OF D. F. DEVELOPHENT, INC., HAD SUBHITTED A REQUEST FOR A PROHOTIONAL SIGN TO BE LOCATED AT THE CORNER OF HILLENDALE DR. dc SUNNY HILL DR., THE PROPOSED SIGN TO BE 12' X 8'. PLANNER KNETZGER SUGGESTED THAT THERE BE APPROPRIATE MR. CHASE MOVED TO ACCEPT THE SIGN FOR ONE YEAR, AS SET LAND SCAPING. FORTH IN THE ZONING ORDINANCE. MR. BUEHLER SECONDED THE HOTION AND IT CARRIED. F. TELLKAMP - MR. TELLKAHP, S63 W16767 COLLEGE APE., APPEARED REQUESTING DIVISION OF HIS PROPERTY IN SECTION 3. IT IS HIS INTENTION TO DIVIDE A 10 ACRE PARCEL FROM HIS PROPERTY ON COLLEGE APE. IT WAS NOTED Br THE CONKISSION THAT GLENDON HILL AND THE CONHISSION REVIEWED THE HILL FILE. TO A PRELIHINARY PLAT FOR THE LAND DIVISION OF B. F. TELLKAHP. THIS PROPERTY WAS ADJACENT TO PROPERTY RECENTLY DIVIDED FOR MR. CHASE MOVED THAT THE CONHISSION WOULD BE RECEPTIVE MR. BUEHLER SECONDED THE HOTION AND IT CARRIED. ARY EVANWL FD CHURU - MR. CHASE HOVED TO ACCEPT THE EXPANSION OF CONDITIONAL USE FOR CALVARY EVANGELICAL FREE CHURCH AS PRESENTED WITH THE CONDITION THAT DUST-PROOFING MR. BUDISH SECONDED THE HOTION AND IT CARRIED. LOUIS F. - MR. MENGHE DID NOT APPEAR RELATIVE TO HIS REQUEST FOR DIVISION OF LAND IN SECTION 12. PLANNER KNZTZGER ADVISED THAT HE HAD IN HIS POSSESSION THE CERTIFIED SURVEY THE PARKING LOT BE COHPLETED NO LATER THAN THE SUHNER OF 1966. BUT THE SURVEYOR HAD NOT CORRECTED THE PERCOLATION TEST DATA e AS YET. PAGE 6 7 HOMAS KING - THE CONMISSION REVIEWED A PRELININARY PLAT WHICH HAD BEEN SUBNITTED BY THONAS KING RELATIVE TO LAND DIVISION HILLENDALE AND HENNEBERRY DR. MR. KING'S INTENTION IS TO OF HIS PROPERTY IN THE sE% OF SEC. 19 AT THE CORNER OF DIVIDE 18 ACRES WITHmE HOUSE AND BARN AND BUILD ON THE RE- KAINING 20 ACRES. MR. CHASE KOPED TO APPROVE THE PRELIMINARY PLAT. MR. BERTRAN SECONDED THE MOTION AND IT CARRIED. SUBDIVISION CONTROL ORDINANCE - PLANNER KNETZGER REPORTED THAT THE WISCONSIN STATE SUPRENE COURT HAD UPHELD THE MENOHO- NEE FALLS SUBDIVISION CONTROL ORDINANCE REGARDING DEDICATION OF PARK;, AND SCHOOL SITES IN NEW SUBDIVISIONS. THIS IS IN EFFECT UPHOLDING MUSKEGO'S FORNER ORDINANCE AS IT WAS SIMILAR TO THAT OF MENONONEE FALLS. PLANNER KNETZGER REVIEWED THE VARIOUS POINTS OF THE DECISION WITH THE CONNISSION POINTING OUT THAT IT WAS A 6-1 DECISION, THAT THE COURT WENT INTO ALL ASPECTS OF THE ORDINANCE AND THAT AS A RESULT PLANNER KNETZGER RECONMENDED THAT THE CITY CONSIDER RE-ADOPTING THE ORDINANCE. LANGUAGE OF THE ORDINANCE AND DIRECTED PLANNER KNETZGER TO THE COHNISSION DISCUSSED ONE OR TWO IHPROPENENTS IN THE PREPARE A DRAFT FOR THE NEXT NEETING. J!OMMUNICATIONS THE RECORDING SECRETARY READ A COHNUNICATION FRON CITY ATTORNEY HIPPENHEYER ADVISING THAT IT IS PERMISSIBLE TO HOLD A JOINT HEARING BEFORE TEE PLAN CONKISSION AND CONMON COUNCIL RELATIVE TO REZONING REQUEST AND CONDITIONAL USE. THE COUNCIL TO ACT ON REZONING FIRST, AFTER WHICH THE PLAN CONHISSION TO ACT ON CONDITIONAL USE. THIS LETTER WAS DATED NOVEHBER 10, 1965, AND PLACED ON FILE. THE RECORDING SECRETARY READ A COKHUNICATION DATED NOVEKBER 9, 1965, FROM JACK P. PRINCIPATI REQUESTING THAT ALL INFORHATION PERTINENT TO THE RE-PLATTING OF LANDS NEAR HIS FARK AT S63 vi6591 COLLEGE AVE. BE BROUGHT TO HIS ATTENTION. ADJOU - MR. CHASE NOVED FOR ADJOURNMENT, MR. WALRATH SECONSE NOTION AND THE HEETING ADJOURNED AT 12:06 P. Me RESPECTFULLY SUBKITTED, BARBARA J. SANDS RECORDING SECRETARY 1 1-1 9-65