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PCM19651221' CITY OF MUSKEGO PLANNING COMMISSION MINUTES OF MEETING HELD DECEMBER 21, 1965 CITY HALL MAYOR GOTTFRIED CALLED THE MEETING TO ORDER AT 8:04 p. M. PREfENT: MAYOR JEROME GOTTFRIED, CHAIRMAN; WILLIAM CHASE, ARRIVED AT 8:00 P. M. RUSSELL KNETZGER, CONSULTANT, AND GERALD LEE, BUILDING INSPECTOR, WERE ALSO PRESENT. ABSENT: CHARLES BUEHLER AND JOHN MEINHARDT MINUTES: MR. WALRATH BROUGHT TO THE ATTENTION OF THE COMMISSION MINUTES OF THE PREVIOUS MEETING, DECEMBER 7, 1965: 'GTH HEATING:~MR. CHAS%ED %&T THE CoGiii&%N>k USE AS PRESENTED FOR GERTH HEATING SERVICE BUSINESS AT SEC Y; WILLARD BERTRAM AND EDMUND BUDISH. CLARENCE WALRATH THAT THE FOLLOWING HAD BEEN INADVERTENTLY OMITTED FROM THE u kL<C'~ -<-;111"&c&-& ire. IF,.?& p4~<,G &d'd* v c;-,('a&& y.sr.%cL 2 /-/P-LL A& VI79 S7672 RACINE AVE. MR. klALRATH SECONDED THE MOTION AND IT CARRIED. BUILDING INSPECTOR LEE ASKED MR. GERTH IF HE WOULD DISCONTIHUE BUSINESS AT HIS PRESENT LOCATION AT VI91 ST210 LOCHCREST DR. A~,D MR. GERTH REPLIED THAT HE WOULD USE THIS AS A WAREHOUSE. THE MINUTES AS CORRECTED WERE APPROVED. B. F. TELLKAMP - MR. TELLKAMP, S63 W16767 COLLEGE AVE. APPEARED AND SUBMITTED A CERTIFIED SURVEY MAP SHOWING A 10 ACRE DIVISION FROM APPROXIMATELY 60 ACRES. THE COMMISSION NOTED THAT THE SURVEY INCLUDED DEDICATION OF 50' FOR STREET PURPOSES. MR. CHASE QUESTIONED SF ;HERE WAS A RESIDENCE ON LOT #2 AND MR. TELLKAMP ANSWERED NO THAT THERE VAS ONLY A BARN FOUNDATION. MR. CHASE QUESTIONED IF MR. TELLKAMP HAD ANY INTENTION OF %UI.L?ING AT THE PRESENT TINE, TO WHICH MR. TELL- KANP REPLIED NO THAT HE WOULD WAIT UNTIL THE AREA WAS SE WERED IE,-WdS NOTED THAT THE ORIGINAL CERTIFIED SURVEY WAS NOT PRINTED ON THE TYPE OF PdPER WHICH WOULD BE ACCEPTABLE TO THE REGISTER OF DEEDS. MR. TELLKANP ADVISED THE COMMISSION THAT SURVEYOR ZACH HAD REQUESTED THAT IT BE RETURNED TO HIM FOR PROPER COPIES. MR. CHASE MOVED TO dCCEPT THE CERTIFIED SURVEY OF B. Fo TELLKAMP AS SUBMITTED. MR. BUDISH SECONDED THE MOTION AND IT CARRIED o I (2) I B. F. TELLKAMP 'CCONT. ) THE CERTIFIED SURVEY WAS SIGNED BY MAYOR GOTTFRIED AND VILLIAM CHASE AND RETURNED TO MR. TELLKAMP. MR. TELLKANP WAS ADVISED TO RETURN THE CERTIFIED SURVEY ON PROPER PAPER TO THE REGISTER OF DEEDS so THAT THIS DIVISION COULD BE TOGETHER WITH A CHECK IN THE AHOUNT OF $1.50 MADE PAYABLE RECORDED. LOUIS F. MENGHE - MR. MENGHE, 7204 IJ. LAYTON AYE., GREENFIELD, SECTION 12 (SCHMIDT PROPERTY). PLANNER KNETZGER ADVISED THAT DID NOT APPEAR RELATIVE TO HIS REQUEST FOR LAND DIVISION IN THE PARTIES-HAD NOT REACHED AN AGREEMENT AND THIS SHOULD BE RENOVED FROM THE AGENDA FOR THE PRESENT TIME. RICHARD MAURICE - MR. MAURICE OF LAKESIDE TOOL & MACHINE Co. LOT ON VALLEY DRIVE. PARKING AREA WOULD ACCOMODATE MORE THAN 10 CARS. MR. MAURICE THAT THERE BE ADEQUATE ROOM BETWEEN THE CARS. MR. BUDISH INSIDE OF THE LOT INSTEAD OF THE LOT LINE, TO WHICH MR. MAURICE APPEARED AND SUBMITTED A SITE PLAN OF THE PROPOSED PARKING UPON REVIEWING THE PLAN, THE COMPIISSION NOTED THAT THE CONMENTED TEAT IT HAD BEEN SUGGSSTED AT A PREVIOUS KEETING QUESTIONED WHY THE SCREENING WAS ALONG THE DRIVEWAY ON THE ANSWERED THAT THE VACANT LOT ON THE SOUTH SIDE WAS OVERGROWN KITH BRUSH ALONG THE LOT LINE. MR. MAURICE ADVISED THE COKPIISSION THAT THIS VACANT LOT HAD APPROXIMATELY 75' FRONTAGE AND HE WOULD EVENTUALLY LIKE TO PURCHASE IT FOR INVESTMENT PURPOSES. THERE WAS SOME DISCUSSION OF APPLYING FOR DIVISION OF LAND EVEN THOUGH THE LOT WERE RECORDED IF THE LOT SIZE WAS NOT IN ACCORDANCE WITH THE PRESENT ZONING. PLANNER KNETZGER OUTLINED THE FOLLOWING SUGGESTIONS: 1. BECAUSE THE CULVERT IS 5' FROPI THE LOT LINE, THE DRIVEWAY MUST BE 5' FROM THE LOT LINE IF IT CAN BE. PERMITTED TO BE NOVED SO THAT IT IS 10' FROM THE LOT LINE. UNDER OUR ORDINANCE. IF IT CANNOT BE: PERMITTED IT WOULD HAVE 2. THE PLANTINGS WHICH ARE SHOWN ALONG THE LENGTH OF THE DRIVEWAY ON THE SITE PLAN ARE NOT NECESSARY AS THERE WILL BE NO PARKING ALONG THE DRIVEWAY. MUST BE KEPT AT LEAST 10' FROM THE DROP-OFF TO ACCOPIODATE THE .3. THE DISTANCE ALONG THE BACK EDGE OF THE PARKING LOT SNOW WHEN PLOWED FROIf THE DRIVEWAY AND PARKING AREA. 4. SOME TYPE OF DUSTPROOFING IN THE DRIVEWAY AND PARKING AREA, EVEN THOUGH STONE CHIPS ARE USED, WOULD BE DESIRABLE TO PIA.KE THE LOT PIORE ACCEPTABLE TO THE RESIDENTIAL DEVELOPMENT SURROUNDING IT. 5. FOR SCREENING, SHRUBS THAT DO NOT GROW HIGHER THAN 4' WOULD BE ACCEPTABLE. PLANTINGS CANNOT BE MORE THAT 4' APART. RICHARD MA~CS ICON^ THE CONDITIONS FOR A PARKING AREA WERE REVIEWED AS SET FORTH IN THE ZONING ORDINANCE AND PLANNER KNETZGER NOTED THAT THE LANGUAGE ALLOWED THdT THE CONDITIONS COULD BE STRENGTHENED. IT WAS ALSO NOTED THAT ACCORDING TO THE ORDI- NANCE, DRIVEWAYS MUST BE 10' FROM THE LOT LINE. MAYOR GOTTFRIED ADVISED THAT HE WILL REQUEST AN OPINION FROM CITY ATTORNEY HIPPENMEYER AS TO WHETHER OR NOT THERE CAN BE A VARIANCE OF THIS REQUIRED OFF-SET FOR DRIVEWAYS. THE LOT SO THAT THE DRAINAGE WOULD FLOW TO THE NORTHEAST CORNER OF THE LOT, ACCORDING TO MR. BERTRAM, A 2" STONE BASE IT WAS THE COMHISSION'S DECISION THAT MR. MAURICE MR. MAURICE ADVISED THAT IT Is HIS INTENTION TO GRADE WOULD BE SUFFICIENT IF THE LOT HAD GOOD DRAINAGE, ~e~~~~'~t RECEIVE A LIST OF THE POINTS SET FORTH BY THE COMMISSION. *J wL MAYOR GOTTFRIED ADVISED MR. MAURICE THAT THE COMMISSION IS AWAITING AN OPINION FROM CITY ATTORNEY HIPPENMEYER AS TO +,7d4 THE PROPER PROCEDURE FOR THE COMMISSION TO FOLLOW IN THE 4) n,&4,c~ EVENT THEY WOULD WISH TO REVERSE THEIR DECISION DENYING THIS CaU, PARKING LOT. +/bd HIS TWO CARS AND TRUCK ON THE LOT BEFORE IT WAS COMPLETED, THAT HE WAS HOPING TO USE IT FOR PARKING BEFORE IT WAS COMPLETED SO THAT THE CARS COULD HELP IN PACKING DOWN THE STONE. fl MR. MAURICE QUESTIONED IF HE WOULD BE ALLOWED TO PARK MAYOR GOTTFRIED POINTED OUT THAT THE COMMISSION WOULD WANT TO SEE THE AREA IN ACTUAL FORM BEFORE ANY PARKING ON THE LOT. MR. MAURICE ADVISED THAT HE WOULD APPRECIATE AN EARLY DECISION. ARTHUR ZANGERLE - MR. ZANGERLE DID NOT APPEAR AS REQUESTED CONCERNING CONDITIONAL USE FOR HIS SAWMILL IN SECTION 10 ON HIWAY 24. HOWEVER, MR. ZANGERLE, SR., CALLED DURING THE MEETING AND ADVISED THAT ARTHUR WAS WITHDRAWING PLANS THAT HE HAD FOR EXPANSION BECAUSE THERE HAS BEEN SO MUCH OPPOSI- TION. As THE COMMISSION WAS CONCERNED BECAUSE OF THE UNSIGHTLY CONDITION OF THE SAWMILL AND NOT BECAUSE OF PLANS FOR EXPAN- SION, IT WAS THE COMMISSION'S DECISION THAT MR. ZANGERLE BE SO ADVISED. MUSKEGO COflMUNITY CHUB& - SITE PLANS FOR AN ADDITION TO THE MUSKEGO COMMUNITY CHURCH ON RACINE AYE. IN SEC. 16 WERE REVIEWED BY THE COMMISSION. IT WAS NOTED BY THE COHMISSION THAT THIS BEING AN OIP DISTRICT, A PUBLIC HEARING WOULD NOT BE NECESSARY. THE PLANS WERE FAVORABLE AS TO PARKING AREA AND ADDITI~N BUT THE COMMISSION EXPRESSED CONCERN AS TO ADEQUATE LEACH BED AREA. BUILDINQ INSPECTOR LEE WAS ADVISED TO ASCERTAIN THAT (4) 1, NT ) THAT THE LEACH BED IS ADEQUATE BEFORE ISSUING A PERKIT. MR. BUDISH MOVED TO APPROVE THE PLANS FOR THE EXPAN- SION OF THE MUSKEGO COMMUNITY CHURCH AS SUBKITTED. MR. WALRATH SECONDED THE MOTION AND IT CARRIED. WISCONSIN ELECTRIC COMPANY - THE COMMISSION AGAIN REVIEWED A MAP SUBKITTED BY THE ELECTRIC Co. SHOWING THE PROPOSED ROUTE PART OF THE CITY. OF THE WIS. ELEC. POWER COMPANY DATED DECEHBER 7, 1965, OF ELECTRIC TRANSMISSION LINE FACILITIES IN THE SOUTHWEST MAYOR GOTTFRIED READ A COMMUNICATION FROM OTIS KOSKE RELATIVE TO THE ROUTE OF THESE LINES. THE COMMISSION EXPRESSED CONCERN OF THIS PROPOSED ROUTE AND EXPRESSED OBJECTIONS TO THE ELECTRIC Co. NOT USING THE TOWERS ALREADY ESTABLISHED IN THAT AREA AT LEAST TO APOINT. MR. WALRATH MOVED THAT CHAIRKAN GOTTFRIED CONTACT THE ELECTRIC Co. TO VOICE THESE OBJECTIONS. MR. BUDISH SECONDED THE KOTION AND IT CARRIED. I1 II - MAYOR GOTTFRIED ANNOUNCED THAT THE REQUEST OF MR. BECHTHOLD OF PAYNE & DOLAN OF WIS., INC., TO INSTALL A TEMPORARY ASPHALT PLANT %E+,R CROWBAR AND WAUER ROADS FOR THE CONSTRUCTION OF C.T.H. F FROM RACINE COUNTY TO S.T.H. is HAD BEEN WITHDRAWN. E- - THE FOLLOWING LETTER FROM MR. BECKER OF THE NEW BERLIN PLAN COMMISSION DATED DECEMBER 15, 1965, WAS READ BY THE RECORDING SECRETARY: HONORABLE JEROME GOTTFRIED, MAYOR CrTr HALL CITY OF MUSKEGO, WIS. DEAR SIR: RELATIVE TO YOUR LETTER OF 12/10/65 I WOULD ASK THAT YOUR PLAN COMMISSION WORK WITH THE DEVELOPERS OF THE PIGGLY WIGGLY STORE, AS I UNDERSTAND YOU HAVE BEEN, AND WHEN YOU HAVE AGREED WITH THZM AS TO THE LOCATION OF THE DRIVEWAYS AND AS TO THE PRECISE SCREENING TREATFIENT, YOU ADVISE ME AS TO WHAT HAS BEEN AGREED UPON. ALSO I HAD NOT BEEN AWARE PROPERTIES ON THE WEST SIDE OF EMERSON LANE. KOULD YOU OF ANY SEWER EdSEMENT BEING ON EITHER THE NORTH OR SOUTH PLEASE LET ME KNOW PERTINENT FACTS RELATIVE TO THIS. INSOFAR AS THE SEWER TREATKENT FACILITIES FOR BOTH DEVELOPKENTS ARE CONCERNED, I AM CONTACTING OUR PLUNBING INSPECTOR AND ASKING e HIK TO BE ESPECIALLY CAREFUL BEFORE ISSUING ANY PERMITS. SINCERELY YOURS, /s/ RALPH A. BECKER, SECRETARY PLAN COMMISSION I l E- ON T I MAYOR GOTTFRIED REQUESTED THAT BUILDING INSPECTOR LEE ~ITE TO THE STATE BOARD OF HEALTH AND INQUIRE IF PLANS FOR TWO LOTS ON EMERSON DRIVE. MR. CHASE REQUESTED THAT COPIES OF THE EASEMENT BE SENT 'TO THE NEW BERLIN PLANNING COMMISSION. I A DISCUSSION OF THE NECESSITY OF THE EASEIYENT FOLLOWED LND MAYOR GOTTFRIED ADVISED THAT A PUBLIC HEARING IN JANUARY, I THE SEPTIC SYSTEMS HAVE BEEN RECEIVED OR APPROVED FOR THESE I I I !THE 25THn AT 7:15 P. M., HAD BEEN SCHEDULED TO AKEND THE ZONING ORDINANCE WHICH WOULD MAKE THIS EASEMENT UNNECESSARY. I I ITHE RECORDING SECRETARY READ THE NOTICE OF HEARING. !PUBLIC HEARINGS AND MAYOR GOTTFRIED POINTED OUT THAT THERE ~THE NEW LAWS ARE COVERED IN THE DECEMBER ISSUE OF THE MAGAZINE NUNICIPALITIES. !&ILLENDALE HEIW - BUILDING INSPECTOR LEE REPORTED THAT LAD BEEN APPROVED FOR HILLENDALE HEIGHTS AT THE MEETING OF PLANNER KNETZGER MENTIONED A NEW STATE LAW COVERING 'HAS ALSO BEEN A CHANGE IN THE REQUIREMENTS RIR LEGAL NEVSPAPERS. I THERE HAD BEEN A DISCREPENCY IN THE SIZE OF THE SIGNS WHICH 'NOVEKBER 16, 1965. THE RECORDING SECRETARY READ THAT PORTIOB ;OF THE MINUTES OF NOVEMBER 16, 1965, PERTAINING TO SAME. MR. CHASE MOVED TH-4T THE KOTION BE CORRECTED IN THE IMINUTES OF NOVEXBER 16, 1965, TO APPROVE TWO 16' x 8' PROMO- ~TIONAL SIGNS FOR HILLENDALE HEIGHTS. MR. BERTRAM SECONDED I lTHE MOTION AND IT CARRIED. COMHUNICATION DATED DEC. WAS READ BY THE RECORDING MR. RUSSELL KNETZGER NELSON & ASSOCIATES MAYOR JEROME J. GOTTFRIED CITY OF MUSKEGO GENTLEMEN: ON DECEXWER 11, 196.5, WE RECEIVED A LETTER DATED SEPTEMBER 7, 1965, RELATIVE TO CERTAIN CHANGES IN YOUR SUBDIVISION REGU- LATIONS AND WERE REQUESTED TO GIVE AN OPINION RELATIVE TO CERTAIN PROBLEMS AS FOLLOWS: 1. DOES CHAPTER 236.13(1 )(D) BIND THE CITY SOLELY TO THE STATE BOARD OF HEALTH RULES FOR CONDUCTING AND CLASSIFYING THE I JETTER FROM ATTY. HIPPENMEYER ( CONT. ) RESULTS I OF PERCOLATION TESTS, OR WHETHER THE CITY MAY ADOPT ?-ORE STRINGENT STANDARDS AS A BASIS FOR REVIEWING LAND DIVISIONS AND SUBDIVISIONS? I FT Is OUR OPINION THAT WHEN THE STATUTE IS READ IN ITS, ENTIRETY IND CONSIDERATION IS GIVEN TO SECTION 236.13 (1) (E), TAKING INTO CONSIDERATION FURTHER THE TREND IN RECENT DECISIONS WHERE THE HEALTH, SAFETY OR WELFARE OF THE COF"JITY IS ~NVOLVED, THAT THE MUNICIPALITY NAY IMPOSE MORE STRINGENT I PERMIT MUNICIPALITIES TO IMPOSE NORE STRINQENT REQUIREMENTS I RESTRICTIONS JUST SO LONG AS THE REQUIREMENTS WILL MEET THE TEST OF REASONABLENESS AND WILL APPLY EQUALLY TO ALL LIKE fUBDIVISIONS. I 2. THE NEXT QUESTION IS, WHAT LIABILITY IF ANY DOES THE CITY ~SSUME IN CONDUCTING PERCOLATION TESTS? I IF THE ORDINANCE IS PROPERLY DRAFTED, WHICH IN EFFECT SPELLS OUT THE MUNICIPALITY POWERS RELATIVE TO PERCOLATION TESTS, kMD THEN A REQUEST IS MADE TO SUBDIBIDE UNDER THAT ORDINANCE, I SEE NO SERIOUS QUESTION OF LIABILITY ON THE PART OF THE I YUNICIPALITY. I 3. THE THIRD QUESTION APPEARS TO ASSUME THAT A SUBDIVISION IS TLATTED BUT THAT CERTAIN LOTS WITHIN THE SUBDIVISION WILL EE PNSUITABLE FOR SEPTIC SYSTEKS. FT IS OUR OPINION THAT THE MUNICIPALITY AT THAT TIME COULD REFUSE TO APPROVE THE WHOLE PLAT, OR IN THE ALTERNATIVE, I I #CCEPT FROM THE SUBDIVIDER A RESTRICTIVE COVENANT AS TO THOSE PARCELS WHICH ARE UNSUITABLE FOR SEPTIC SYSTEMS. EVEN WAS OBTAINED, THE BUILDING INSPECTOR WOULD STILL BE WITHIN ASSUMING THE PLAT WAS APPROVED AND NO RESTRICTIVE COVENANT I HIS RIGHTS TO REFUSE A BUILDING PERMIT, IF IN FACT THE LOX YAS UNSUITABLE FOR SEPTIC SYSTENS, PROVIDING OF COURSE THAT YOUR BUILDING CODE PROVIDES FOR PERCOLATION TESTS PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. I BELIEVE THAT THIS ANSWERS THE QUESTIONS SET FORTH IN THE LETTER OF SEPTENBER 7TH. I YOURS VERY TRULY, /s/ RICHARD S. HIPPENNEYER I I I SUB-DIVISION CONTROL ORDINANCE (c I ONT. I PLANNER KNETZGER QUESTIONED THE COMKISSION'S POWER I BUILDING INSPECTOR LEE REVIE~JED THE HEALTH DEPT. IT0 REFUSE TO ALLOW THE SUB-DIVISION TO BE PLATTED AT ALL. IPROVISIONS. PLANNER KNETZGER QUESTIONED IF BUILDING INSPECTOR LEE COULD RECOMMEND MORE STRINGENT PROCEDURE THAT WOULD BE MORE RELIABLE THAN PERCOLATION TESTS. BUILDING INSPECTOR LEE ~DPISED THAT HE MUST FOLLOW THE PROCEDURE AS SET UP Br THE STATE BOARD OF HEALTH. 1 IVARIABLE RESULTF WHICH COULD BE OBTAINED ON ONE SPECIFIC I THE COMMISSION DISCUSSED PERCOLATION TESTS AND THE I" OT* !LEE WOULD WORK TOGETHER TO SEE WHAT COULD BE DONE ABOUT SOME PLANNER KNETZGER ADVISED THAT HE AND BUILDINU INSPECTOR 'OF I THESE PROBLEMS. I MDJOURNMENT - MR. BUDISH MOVED FOR ADJOURNMENT, MR. VALRATH 'SECONDED THE KOTION IND THE MEETING WAS ADJOURNED AT 9:SS P.M. i I RESPECTFULLY SUBMITTED, BARBARA J, SANDS RECORDING SECRETARY