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PCM19660104e PLANNING COMMISSION CITY OF MUSKEGO MINUTES OF MEETING HELD JANUARY 4, 1966 CITY HALL MAYOR GOTTFRIED CALLED THE MEETING TO ORDER AT 8:04 P. M. PRESENT: MAYOR JERONE GOTTFRIED, CHAIRNAN; WILLIAN CHASE, SEC'Y; WILLARD BERTRAM, CHARLES BUEHLER, ED BUDISH AND CLARENCE WALRATH. RUSSELL KNETZGER, CONSULTANT, AND GERALD LEE, BUILDING INSPECTOR, WERE ALSO PRESENT. ABSENT: JOHN MEINHARDT MINUTES: MR. BERTRAM AMENDED THE MINUTES OF THE PREVIOUS NEETING DECEMBER 21, 1965, PAGE 3, SECOND PARAGRAPH, TO READ: ACCORDING TO MR. BERTRAM A 2'' STONE BASE WOULD BE 4' SUFFICIENT IF THE LOT HAD GOOD DRAINAGE, BUT BECAUS4", OF THE AMOUNT OF FILL, ADDITIONAL STONE WOULD BE REQUIRED. THE MINUTES AS AMENDED WERE APPROVED. DONALD HABERMEYER - MR. !C MRS. DONALD HABERNEYER, Wl02 S0764 RACINE AYE., APPEARED SEEKING APPROVAL OF A DITISION OF LAND (I) IN SECTION 21 NEAR THE CORNER OF WOODS ROAD AND RACINE AVE. MR. LARRY STEFANIAK, OWNZR OF THE FARN FRON WHICH THIS PARCEL WAS TO BE DIVIDED, WAS ALSO PRESENT. THE COMMISSION REVIEWED THE PRELIMINARY PLAT SUBNITTED BY THE HABERMEYERS. IT WAS NOTED BY THE COMNISSION THAT THE PARCEL SIZE WAS 60,000 SQ. FT., THAT T.'IIS WAS AN RS-1 ZONED AREA WHICH REQUIRED AN A-V &if$%& SQ. FT. IT WAS FURTHER NOTED THAT TEE d OF THE PARCEL WAS 137', THAT REQUIRED hW-hfEE WITHOUT SEWER WAS 200', BUT THAT A SEWER TO BUILD ON A 30,000 SQ. FT. LOT WITH 120' FRONTAGE. - a .f..1*9, ."dr EASEMENT TO THE NORTH OR EAST WOULD THEN PERMIT THE HABERMEYERS MAYOR GOTTFRIED QUESTIONED IF THE HABERMEYERS WERE AWARE OF THE LIMITED ACCESS CONTROL ON RACINE ATE., TO WHICH MRS. HABERMEYER ANSWERED THAT THE PROPERTY WAS ALLOWED FOUR ACCESSES PLANNER KNETZGER ADVISED THE CONNISSIO~~O~?, To, ALLOW AND THERE WAS ONLY ONE AT THE PRESENT TIME. THIS DIVISION IN THIS MANNER, BUT THAT A *kE&XCX ROAD BE ESTABLISHED FOR THIS LOT AS WELL AS LOTS WHICH WOULD BE PLATTED IN THE FUTURE. IT WAS NOTED BY THE COMMISSION THAT PARCELS SHOWN ON THE PRELININARY PLAT ALONG RACINE AVE. HAD NEVER BEEN A PART OF THE STEFANIAK FARN AND THE HOMES ON THESE LOTS HAD BEEN THERE FOR 15 TO 20 YEARS. PLANNER KNETZGER POINTED OUT THAT THE MUSKEGO HIGH SCHOOL PROPERTY IS THE NORTH LINE OF MR. NENATH'S PROPERTY AND IN MUSKEGO'S FUTURE PLANS AN 80' PARKWAY IS PROPOSED TO COME THIS WAS THE FIRST DIVISION OF THIS FARN AND THAT THE OTHER (2) zh THROUGH EXACTLY WHERE THE HABERPIEYER'S LOT WAS~PLATTED. el PLANNER KNETZGER EXPLAINED THAT IT WOULD BE VERY DIFFICULT TO PIOVE THE PARKWAY FURTHER NORTH AS IT WOULD THEN BE ENCROACHING FURTHER ON THE HIGH SCHOOL PROPERTY. THE COMMISSION REVIEWED THE COMPREHENSIVE PLAN MAP, THE MAYOR GOTTFRIED QUESTIONED IF IT WOULD BE POSSIBLE FOR OWNERSHIP MAP AND THE SECTION MAP OF THE NW+, SECTION 21. THE HARERPIEYERS TO MOVE THE PROPOSED LOT SUFFICIENTLY TO THE NORTH, LEAVING 80' FOR THE PROPOSED PARKWAY. MR. CHASE ADVISED THAT THIS PROPOSED PARKWAY WOULD ALSO OPEN UP MR. STAFANIAK'S LAND FOR FUTURE DEVELOPMENT AND AS OTHER DIVISIONS OCCURRED EXTENSION OF THE PARKWAY COULD BE CONTINUED. IT WAS POINTED OUT TO THE HABERMEYERS THAT THEY WOULD THEN HAVE THE CORNER LOT ON RACINE AND THE NEW PARKWAY AND THEIR HOUSE COULD EITHER FACE RACINE OR THE PARKWAY BUT THAT ACCESS TO THE GARAGE WOULD BE FROW THE PARKWAY ROAD. XRS. HABERMEYER QUESTIONED AT WHOSE ~-<EJSE~.THE~RT,~~ WOULD BE BUILT. PLANNER KNETZGER QUOTED ROM THE{I~RDINANCE, Le THAT IN THE CASE OF PARKWAYS, THE CITY SHARES WITH THE LAND OWNER; THE LAND OWNERS CONTRIBUTING COMPARABLE TO A 60' WIDTH AND THE CITY WOULD PAY TO HAVE IT COPIE UP TO THE 80' MR. CHASE PROPOSED, THAT IF THE HABERPIEYER'S WERE RE- STANDARD. CEPTIVE TO THIS PLAN, PLANNER KNETZGER COULD CONTACT MR. JOHNSON TO HAVE A PRELIMINARY PLAT DRAWN IN THIS FASHION. THE COPIPIISSION REVIEWED FRANK SCHAEFFER'S PLANS AS THIS WAS SIMILAR TO THE HABERMEYER'S SITUATION. ON THE PRELIMINARY PLAT FOR THE HABERMEYERS AND SUGGESTED THAT PERHAPS FOUR LOTS BE PLATTED AT THIS TIME. HE FURTHER HOME WOULD HAVE TO BE BUILT 40' FROPI RACINE AVE. AND 40' PLANNER KNETZGER SKETCHED THE PROPOSED PARKWAY LOCATION ADVISED THAT PERHAPS THE LOT SIZE COULD BE SQUARED AS THE FROPI THE NEW PARKWAY. MR. & MRS. HABERMEYER AND MR. STEFANIAK WERE RECEPTIVE TO THE COMMISSION'S SUGGESTIONS AND MRS. HABERPIEYER ADVISED THAT SHE WOULD DISCUSS THIS WITH SURVEYOR CLAUDE JOHNSON. ARTHUR ZANGERLE - MR. ZANGERLE DID NOT APPEAR RELATIVE TO CONDITIONAL USE FOR HIS SAWPIILL IN SECTION 10. THE FOLLOWING LETTER DATED DECEMBER 23, 196.5, TO MR. ZANGERLE FROM CHAIRMAN GOTTFRIED WAS READ BY THE RECORDING SECRETARY: DEAR MR. ZANGERLE: PLANNING COMMISSION RELATIVE TO YOUR SAWMILL ON HIWAY 24.. THIS BUSINESS. THEY ARE, HOWEVER, VERY CONCERNED OVER THE TAKING PLACE. THEY HAVE, THEREFORE, REQUESTED THAT YOU BRING YOU APPARANTLY HAVE NOT UNDERSTOOD THE DEMAND OF THE a THEY ARE NOT CONCERNED WITH YOUR PLANS FOR EXPANSION OF UNSIGHTLY CONDITION OF THE SITE ON WHICH YOUR OPERATION IS IN'SITE PLANS AND SPECIFICATIONS WHICH WOULD CLEARLY DEFINE HOW YOU PROPOSE TO CLEAN UP THE AREA. I HAVE BEEN ADVISED BY THE PLANNING COMMISSION THAT SHOULD YOU FAIL TO BRING IN THE REQUIRED MATERIAL, AN INJUNCTION WILL BE ISSUED TO PROHIBIT YOU CONTINUING YOUR BUSINESS IN ITS PRESENT STATE. YOURS TRULY, /s/ JEROME J. GOTTFRIED IT WAS THE COMMISSION'S DECISION TO REFER THIS TO CITY ATTORNEY HIPPENMEYER. RICHARD MAURICE - MR. MAURICE OF LAKESIDE TOOL & MACHINE 6'0. APPEARED RELATIVE TO HIS REQUEST FOR A PARKING LOT ON VALLEY DRIVE WHICH HAD BEEN DENIED BY THE COMMISSION AT A PREVIOUS MEETING. THE COMMISSION RECEIVED THE FOLLOWING OPINION FROM CITY ATTORNEY HIPPENMEYER DATED DECEMBER 29, 1965, WHICH WAS READ BY THE RECORDING SECRETARY: DEAR MA Y OR : You HAVE REQUESTED AN OPIONION AS TO WHETHER THE PLANNING COMMISSION CAN CHANGE ITS DETERMINATION RELATIVE TO A CONDI- TIONAL USE AFTER HAVING ONCE DECIDED THE ISSUE WITHOUT ANOTHER FORMAL HEARING. IT IS OUR OPINION THAT ANOTHER PETITION SHOULD BE FILED AND ANOTHER PUBLIC HEARING HELD FOR THE FOLLOWING REASONS: (I ) THERE IS NO AUTHORITY IN THE ZONING ORDINANCE FOR THE PLANNING COMMISSION TO RECONSIDER A PREVIOUS DETERMINATION. "6.03 (2) C. DETERMINATION: FOLLOWING PUBLIC HEARING AND NECESSARY STUDY AND INVESTIGATION THE PLAN COMMISSION SHALL COPY MADE A PERMANENT PART OF THE COMMISSION'S RECORDS. SUCH AS SOON AS PRACTICAL RENDER ITS DECISION IN WRITING AND A DECISION SHALL INCLUDE AN ACCURATE DESCRIPTION OF THE USE PERMITTED., OF THE PROPERTY ON WHICH PERMITTED, AND ANY AND ALL CONDITIONS MADE APPLICABLE THERETO, OR IF DISAPPROVED, SHALL INDICATE THE REASONS FOR DISAPPROVAL. (2) IT WOULD APPEAR TO BE SOMEWHAT UNFAIR TO HOLD AN ADVER- TISED PUBLIC HEARING AND MAKE A DECISION BASED ON EVIDENCE INTRODUCED AT THE PUBLIC HEARING AND THEN AT A LATER DATE SET ASIDE THE DECISION AND ONLY HEAR FROM THE PROPONENTS OF THE CHANGE WITHOUT GIVING THE OPPOSITION AN OPPORTUNITY TO REBUT. . (4) (3) THE PLANNING COMMISSION IS EXERCISING A QUASI LEGISLATIVE FUNCTION OF THE KUNICIPALITY DELEGATED TO THEK BY THE MUNICI- PALITY AND, THEREFORE, HAVE NO POWER OTHER THAN THAT WHICH IS SPECIFICALLY DELEGATED TO THEM PURSUANT TO ORDINANCE. /s/ RICHARD S. HIPPENMEYER MR. BUEHLER SUGGESTED THAT THERE SHOULD BE SOME JUSTIPI- CATION FOR ANOTHER PUBLIC HEARING SUCH AS A SPECIFIC REASON. PLANNER KNETZGER STATED THAT ACCORDING TO THE STATE STATUTES THE COMMISSION ADVISED MR. MAURICE TO RE-PETITION IF HE Ih. MAURICE STATED THAT HE WILL HAVE TO RE-EVALUATE HIS A MAN CAN PETITION EVERY MONTH IF HE SO DESIRES. DESIRES, USING THE INFORMATION PREVIOUSLY SUBMITTED. SITUATION IN THE CITY AS FAR AS HIS BUSINESS IS CONCERNED, BUT THAT HE WILL GIVE IT SOME THOUGHT. WISCONSIN ELECTRIC POWER CO. - MAYOR GOTTFRIED REPORTED THAT MR. KOSXE OF THE VISCONSIN ELECTRIC POWER 6'0. IS WILLING TO MEET WITH THE PLANNING COMMISSION RELATIVE TO THE PROPOSED PART OF THE CITY. A DEFINITE DATE HAS NOT AS YET BEEN SET. ROUTE OF ELECTRIC TRANSMISSION LINE FACILITIES IN THE SOUTHWEST PLANNER KNETZGER WAS DIRECTED TO CONTACT MR. KOSKE TO ADVISE HIM AS TO WHAT INFORMATION WOULD BE DESIRED AT THE MEETING. SUBDIVISION CONTROL ORDINAAJCE - A MEMORANDUM TO THE PLAN ORDINANCES COMMITTEE WAS READ BY THE RECORDING SECRETARY. THE SUGGESTED AMENDKENTS TO THE SUBDIVISION CONTROL ORDINANCE COMMISSION FROM CHAIRMAN HENRY VOLF OF THE RULES, LAWS OUTLINED IN THE MEMO WERE REFERRED TO PLANNER KNETZGER. EMERSON DRIVE ACCESSES - BUILDING INSPECTOR LEE ADVISED THAT HE HAD RECEIVZD A COPY OF A LETTER SIGNED BY W. R. KOENIG, PLUMBING DIRECTOR, DATED DECEMBER 22, 1965, APPROVING THE SEWAGE DISPOSAL SYSTEM FOR THE PIGGLY-VIGGLY SUPERMARKET PROPOSED FOR THE CORNER OF HIWAY 24 AND EHERSON DRIVE. As APPROVAL FROM THE STATE BOARD OF HEALTH WAS GIVEN BEFORE BUILDING INSPECTOR LEE'S LETTER OF DECEMBER 28, 1965, TO IYR. KOENIG ADVISING THAT THE SYSTEK MOULD BE COMPLETELY UNDER BLACKTOP, MR. LEE SUGGESTED THAT THEY MIGHT RECONSIDER. OUR PLAN COMMISSION HAD BEEN COMPLIED WITH, WITH THE EXCEPTION OF A COMKITMENT FROM THE OWNER AS TOFTHE PLANTINGS. IT WAS LIENEMANN RELATIVE TO THE PLANTINGS. URBAN REIVEWAL - MAYOR GOTTFRIED ADVISED THAT MR. DAVID SHELDON WOULD MEET WITH THE PLAN COMMISSION AND COMMON Coonrcrr, MEMRERS JOINTLY AT 7:30 P. M., MONDAY, JANUARY IO, 1966, THAT MR. PLANNER KNETZGER REPORTED THAT ALL RECOMMENDATIONS FROM THE COMMISSION'S DECISION THAT A LETTER BE DIRECTED TO MR. e SHELDON WOULD ARRIVE IN THE AFTERNOON AND HE WOULD TAKE HIM ON A TOUR OF THE CITY. HE ENCOURAGED THE PLAN COMMISSION MEHBERS TO BE PRESENT. PLANNER KNETZGER ADVISED THE COMMISSION TO QUESTION MR. SHELDON ON ALL ASPECTS OF THE URBAN RENEWAL PROGRAM. EASEL - THERE WAS DISCUSSION OF PURCHASING AN EASEL OR PLAN HOLDERS. MAYOR GOTTFRIED AND BUILDING INSPECTOR LEE WILL LOOK INTO THE MATTER AND HAVE A RECOMMENDATION AT THE NEXT MEETING. ADJOURNIYENT - MR. CHASE MOVED FOR ADJOURNMENT, MR. BERTRAM SECONDED THE MOTION AND THE MEETING ADJOURNED AT 9:37 P. RESPECTFULLY SUBMITTED, BARBARA J. SANDS RECORDING SECRETARY e 1-1 0-66 A