PCM19660404CITY PLAIi COMMISSION CITY OF IWSKEGO
ZfINUTES OF MEETIIfG HELD APRIL 4 , I 966 CITY HALL
MAYOR GOTTFRIED CALLED THE MEETING TO ORDER AT 8:oO p. 1.
PRESENT: MAYOR JEROME GOTTFRIED, CHAIRMAN; WILLIAM CHASE, SEc'y;
WILLARD BERTRAM, ED BUDISH, ED RAIMANN AND CLARENCE WALRATH. GERALD LEE, BUILDING INSPECTOR, WAS ALSO PRESENT.
Am: CHARLES BUEHLER AND RUSSELL KNETZGER, CONSULTANT.
MIVUTES: THE MINUTES WERE APPROVED AS MAILED.
EDWARD HIhiZ - MR. EDWARD HINZ, s71 W19638 SIKANDL DR. , APPEARED
HIS PROPERTY IN HI-Y RANCHES IN ACCORDANCE WITH SEC. 4.05 (2) C?
OF THE ZONING ORDINANCE AS FOLLOWS:
SEEKING APPROVAL TO CONSTRUCT A SECOND GARAGE STRUCTURE ON
II 1. 10 MORE THAN ONE PRIVATE GARAGE STRUCTURE SHALL BE
PERMITTED ON A LOT EXCEPT THAT ANOTHER SUCH GARAGE STRUCTURE
KAY BE PERMITTED WHERE THE ARCHITECTURAL CONTROL BOARD FINDS
SUCH STRUCTURE WOULD MEET THE CRITERIA SET FORTH IN 4.05 (1) B
AND 6.11 (2). THE BOARD IN MAKING ITS DETERMINATION SHALL
FIRST GIVE NOTICE TO THE ADJOINING PROPERTY OCj,hrERS THAT SUCH A
REQUEST HAS BEEN SUBMITTED FOR CONSIDERATION.
BUILDING INSPECTOR LEE EXPLAINED THAT ORIGINALLY MR. HINZ
INTENDED TO BUILD A DETACHED GARAGE BUT THAT HE HAD CHANGED
HIS PLANS AND NOW INTENDED TO ATTACH THE ADDITIONAL GARAGE
TO THE HOUSE, THUS PLAN COMMISSION APPROVAL WAS NOT ACTUALLY
NECESSARY IF THE COMHISSION FELT THAT IT WAS NOT A SEPARATE
STRUCTURE. Ih. HINZ SUBWITTED PLANS FOR THE PROPOSED ATTACHED GARAGE
FOR THE COMKISSION'S REVIEW. IN ANSWER TO A QUESTION FROM MR.
CHASE AS TO THE REASON FOR THE ADDITIONAL TWO CAR GARAGE, Ik. HINZ REPLIED THAT HE WAS UNABLE TO PARK TWO CARS IN THE PRESENT
GARAGE AND THAT HE ALSO HAD OTHER SflALL EQUIPMENT SUCH AS A
TRACTOR-TYPE LAWN MOWER, GO-CART, ETC. , WHICH HE DESIBED TO
KEEP GARAGED. MR. HINZ ASSURED THE COMMISSION THAT HE HAD NO
PREMISES. HE ALSO ADVISED THAT THERE WOULD BE NO CHANGE IN THE
PLANS TO PURCHASE A TRUCK OR OPERATE ANY BUSINESS FROM THE
DRITEEIJAY APPROACH OTHER THAN WIDENING THE PRESENT ONE.
MR. RAYMOND WALLNER, ST1 VI9622 HI-Y DRIVE, STATED THAT
Ih. E'ERTRAM MOVED THAT THESE PLANS BE INTERPRETED AS PART
HE HAD NO OBJECTIONS TO THE SECOND GARAGE STRUCTURE.
OF THE PRESENT STRUCTURE AND NOT TWO SEPARATE BUILDINGS, MR.
WALRATH SECONDED THE MOTION AND IT CARRIED.
HANS KEISER - MR. HAMS KEISER, SI 03 VI9215 KELSEY DR., APPEARED
DIVISION IN SECTION 32. MR. KEISER ADVISED THE COMMISSION
THAT HE HAD SUBMITTED THE PRELIMINARY PLAT IN 1963 A.VD IT HAD
BEEN APPROVED BY THE CCMMISSION BUT THAT A CORRECTED CERTIFIED
THE COMMISSION REVIEWED MR. KEISER'S PREVIOUS RECORDS
AND SUBMITTED A CERTIFIED SURVEY MAP FOR A THREE PARCEL LAND
SURVEY HdD NEVER BEEN SUBMITTED UNTIL NOW.
AND EXCERPTS FROM PLAN COMMISSION MINUTES OF OCTOBER 20, 1963,
TO THIS LAND DIVISION WERE READ BY THE RECORDING SECRETARY.
NOVEMBER 18, 1963, MAY 25, 1964, AND JULY 2, 1964, PERTAINING
MR. CHASE MOVED THAT THE COMMISSION COMPLETE THEIR ACTION
COMMENCED IN 1963 TO APPROVE THE CERTIFIED SURVEY MAP SUBPIITTED
BY HANS KEISER FOR A THREE PARCEL LAND DIVISION IN SECTION 32
CERTIFIED BY THE OWNERS. MR. RAI~ANN SECONDED THE MOTION AND
UPON COMPLETION OF THE DOCUMENT BEING PROPERLY NOTARIZED AND
a IT CARRIED
~ PARKLAND PLAZA SHOPPING CENTEB - MESSRS. JOHN AND D-VID COUTURE
APPEARED BEFORE THE COMMISSION TO REPORT ON THE PRESENT STATUS
OF THE PROPOSED SHOPPING CENTER AT THE CORNER OF HY 24 AND LANNON DRIVE, ARTIST'S DRAWINGS OF THE SHOPPING CENTER WERE PRESENTED
FOR THE COMMISSION'S REVIEW. MR. COUTURE POINTED OUT ON THE
24,000 SQ. FT. AND 120' DEEP. HE ADVISED THAT THE JUNIO~ DEPT.
STORE WOULD HAVE TWO FLOORS, EACH 15,000 SQ. FT. IN AREA. HE
DRAWING THE AREA FOR THE SERVICE STATION, STATING THAT IT WAS
POINTED OUT THE LOCATION OF THE PROPOSED BANK BUILDING WHICH
WOULD COME INTO EXISTENCE SIX MONTHS AFTER COMPLETION OF THE
SHOPPING CENTER, AND THE LOCATION OF THE PROPOSED RESTAURANT.
IN ANSWER TO A QUESTION FROM MAYOR GOTTFRIED, ~IR. COUTURE
ANSWERED THAT THERE WERE NINE LEASES EITHER EXECUTED OR AWAITING
MAILING OUT FOR EXECUTION WHICH INCLUDED A FOOD STORE, DRUG
STORE, VARIETY STORE, DRY CLEANERS, LAUNDRAMAT, BEAUTY SHOP,
BARBER SHOP AND LIQUOR STORE. MAYOR GOTTFRIED QUESTIONED AS TO HOW FAR THE FINANCING
HAD PROGRESSED AND XR. COUTURE ANSWERED THAT AN INSURANCE COMPANY
WOULD FINANCE THIS PROJECT AND THAT IN ADDITION TO BEING ASSURED
OF SEWERS WITHIN A REASONABLE PERIOD OF TIME, THEY WOULD BE
READY AS SOON AS APPROVAL FROM PLAN COMMISSION AND OTHER APPROVALS HE ADVISED THAT THE CENTER SHOULD OPEN IN EARLY FALL AT THE
LATEST, AND THAT THE STEEL FOR THE PROJECT HAS BEEN ORDERED.
MR. JOE LEGEN, A MEMBER OF THE ARCHITECTURAL FIRM FOR
THE SHOPPING CENTER, APPEARED AND BRIEFED THE COMMISSION ON
ELEVATION. MR. COUTURE ADVISED THAT HE WOULD RETURN TO THE NEXT
MR. BUDISH MOVED THAT TENTATIVE APPROVAL BE GIVEN THE
MEETING FOR FINAL APPROVAL OF THE SITE PLAN.
SITE PLAN AS SUBMITTED BY PARKLAND PLAZA SHOPPING CENTER,
SITE PLANS HAVE BEEN SUBMITTED. MR. BERTRAM SECONDED THE
BUT THAT FINAL APPROVAL BE WITHHELD UNTIL COPIES OF CORRECTED
MOTION AND THE MOTION CARRIED.
JOHN SCHAEFER - MESSRS. JOHN AND DON SCHAEFER APP;EA&@D REQUESTING
APPROVAL OF A POND IN SEC. 13 & 14 NEAR BIG MUSKEGO LAKE, MAYOR GOTTFRIED READ THE FOLLOWING LETTER TO MR. SCHAEFER FROM
BUILDING INSPECTOR LEE DATED MAaCH 25, 1966:
DEAR SIR:
IT HAS COME TO THE ATTENTION OF THIS OFFICE THAT YOU HAVE CON-
STRUCTED A POND WEST OF DURHAM DR. THIS IS PROHIBITED EXCEPT
WITH APPROVAL OF THE PLAN COMMISSION OF THE CITY OF MUSKEGO UNDER
SECTION 8.17 D (2) OF OUR CITY'S ZONING ORDINANCE.
You ARE HEREBY REQUESTED TO APPEAR BEFORE THE PLAN COMMISSION
ON APRIL 4, 1966, AT 8:OO P. M. AT THE CITY HALL. A DRAWING
SHOULD BE SUBMITTED TO THE PLAN COMMISSION SHOWING THE SIZE AND
THE DEPTH OF THE POND, ALONG WJTH THE LOCATIONS OF THE DRAINAGE
CHANNELS, THE AREA TO BE DRAINED BY SUCH POND AND THE DISTANCE
FROM THE POND TO BIG MUSKEGP LAKE. THIS INFORMATION IS NEEDED
ONLY FOR THE LOCAL PLAN COMMISSION.
YOURS VERY TRULY,
/s/ GERALD P. LEE
THE COMMISSION REVIEWED A DRAWING SUBMITTED BY MR. SCHAEFER
SH.OWING THE SIZE OF THEFOND AS 60' X 200' AND APPROXIMATELY
10' DEEP, MR. SCHAEFER EXPLAINED THAT IT WAS HIS INTENTION TO
HOLD THE OVERFLOW OF WATER FROM BIG MUSKEGO LAKE IN THIS POND
FOR IRRIGATION PURPOSES WHEN NEEDED, MR. SCHAEFER ADVISED
THAT HE WAS NOT PUMPING WATER OUT OF BIG MUSKEGO LAKE. I
MR. RUSSELL PAEPKE AND 1%. PHILLIP SNOW EXPRESSED CONCERN
THAT WATER WAS BEING PUMPED OUT OF BIG MUSKEGO LAKE. MR.
CHARLES BREESE, REPRENTING SCHULTZ RESORT ROD & GUN CLUB, ALSO
SPOKE IN OPPOSITION TO THIS POND. AFTER DISCUSSION, MR. CHASE MOVED TO DEFER ACTION UNTIL
COULD BE OBTAINED FROM THE CONSERVATION DEPT. AND PUBLIC SERVICE
COMMISSION. MR. YALRATH SECONDED THE MOTION AND IT CARRIED.
THE NEXT MEETING, APRIL I~TH, UNTIL ADDITIONAL INFORMATION
ARO E BACK - Ik. HAROLD DEBARK, VI98 SI0856 RACINE AVE. ,
,HPPEZ: SEEKING APPROVAL To CREATE A POND IN SECTION 17.
MR. DEBACK SUBMITTED A SKETCH OF THE PROPOSED POND AND
SURROUNDING AREA. HE ADVISED THE COMMISSION THAT THIS POND
STATED THAT THE POND HAD BEEN APPROVED BY THE CONSERVATION
WOULD BE APPROXIMATELY 300' X 75'"AND 12 - 14' DEEP. HE
DEPT. AND WOULD BE SUPPORTED BY FEDERAL FUNDS. THE POND WOULD
DE USED FOR WILDLIFE, BEAUTIFICATION AND WATER RESTORATION,
NOT FOR IRRIGATION.
HR. CHASE MOVED TO APPROVE HAROLD DEBACK'S REQUEST FOR
A POND IN SECTION 17. MR. BERTRAM SECONDED THE MOTION AND
IT CARRIED.
WALTER CHHIEI, - MR. WALTER CHMIEL, S.77 /dl5483 WOODS RD.,
SECTION 11.
APPEARED SEEKING APPROVAL TO DIVIDE THREE PARCELS OF LAND IN
MAYOR GOTTFRIED READ THE PLAN COMMISSION MINUTES OF OCT.
28, 1963, PERTAINING TO A PREVIOUS LAND DIVISION. BUILDING
5 OR MORE 1; ACRE PARCELS WITHIN A FIVE YEAR PERIOD, IT WOULD
BE NECESSARY TO GET STATE AND COUNTY PLAN COMMISSION APPROVAL.
INSPECTOR LEE POINTED OUT THAT IF Ih. CHMIEL INTENDED TO DIVIDE
IT WAS MR. CHMIEL Is DECISION TO DIVIDE ONLY ONE PARCEL AT
THIS TIME, PARCEL #4. IT WAS NOTED BY THE COMMISSION THAT
THIS WAS A 18 ACRE LOT AND NECESSARY TO HAVE AN EASEMENT FOR
SEPTIC-. PURPOSES ON THE ADJACENT PROPERTY. MR. CHASE MOVED TO APPROVE THE SKETCH" AS SUBMITTED AND It
THAT MR. CHMEIL BE REQUIRED TO SUBMIT A CERTIFIED SURVEY AND
SEHER EASEMENT. MR. RAIMANN SECONDED THE MOTION AND IT CARRIED.
OTTO KURTH - I%. OTTO KURTH, w1147 ST174 DURHAM DR. , APPEARED
IN SECTION 11. MR. MARVIN I~ELSON, 6929 W. TRIPOLI, WHO DESIRES
SEEKING APPROVAL TO DIVIDE A TWO ACRE PARCEL FROM HIS LAND
TO BUY THIS PROPERTY WAS ALSO PRESENT. THERE WAS DISCUSSION AS TO THE ROAD RESERVATION FOR
EXTENSION OF BRENTWOOD DRIVE AND ALSO THAT A PRELIMINARY PLAT
BE FURNISHED SHOWING THE ULTIMATE USE OF THE REMAINDER OF Ik. KURTH'S LAND, RESULTING IN THE FOLLOWING MOTION: h. CHASE MOVED TO ACCEPT THE PRELIMINARY SKETCH FOR
DIVISION OF LAND AS SUBMITTED WITH THE CONDITION THAT THE 60'
SAID RESERVATION TO BE PROVIDED BY MR. KURTH FOR THE EXTENSION
OF BRENTWOOD DR., MR. KURTH ALSO TO PROVIDE A PRELIHINARY SURVEY.*'
SHOWING ULTIMATE us OF HIS 8 ACRE TRACT. MR. BERTRAM SECONDED
ROAD BESERVATION BE PROVIDED ALONG THE EAST LINE OF THE PROPERTY,
THE MOTION AND IT CARRIED.
THE QUEST~ON AROSE CAN A PROPERTY OWNER BE REQUIRED TO
A QUESTION ALSO AROSE WHAT ACTION CAN THE PLAN COMMISSION
11
II
TAKE WHEN A PROPERTY OWNER DIVIDES AND RECORDS THE DIVISION
WITH THE COUNTY BEFORE COMING TO THE CITY PLAN COMMISSION?",
ALSO TO BE REFERRED TO ATTORNEY HIPPENMEYER.
WISCONSIN ELECTRIC POWER GO. - MAYOR GOTTFRIED REPORTED ON THE
MEETING WITH THE VIS. ELEC. POWER CO. HARCH 16T~ WHICH HE, ATTORNEY HIPPENMEYER AND PLANNER KNETZGER HAD ATTENDED. A MAP
DISPLAYED AND DISCUSSED BY THE COMMISSION AND SEVERAL OF THE
SHOWING TEE NEW PROPOSED ROUTE OF THE ELECTRIC COMPANY WAS
PROPERTY OWNERS FROM THE AREA OF THE PROPOSED TRANSMISSION LINE.
MR. CHASE MOVED THAT AFTER DUE CONSIDERATION RECOMMENDATION
BE MADE TO THE COMMON COUNCIL THAT THE PROPOSED NEW TRANSMISSION
LINE PARALLEL THE EXISTING LINE THROUGH SECTIONS 33, 28 AND
ALONG THE NORTH LINE OF SECTIONS 29 AND 530. MR. BUDISH SECONDED
THE MOTION AND THE MOTION CARRIED.
TEXACO. INC. - As A RESULT OF THE PUBLIC HEARING HELD PRIOR
TO THE PLAN COMMISSION MEETING RELATIVE TO THE CONDITIONAL USE
REQUEST OF TEXACO, INC., FOR AN AUTOMOBILE SERVICE STATION
AT THE CORNER OF TESS CORNERS DRIVE AND HIWAY 24, h, CHASE
MOVED TO ACCEPT THE CONDITIONAL USE REQUEST. THE KOTION LOST
FOR LACK OF A SECOND.
AFTER DISCUSSION AS TO WHAT CONDITIONS MIGHT BE APPLIED
TO THIS CONDITIONAL USE, MR. CHASE MOVED TO REFER THIS TO PLANNER KNETZGER FOR RECOMMENDATION. MR. WALRATH SECONDED THE
MOTION AND THE MOTION CARRIED.
ACCESSORY USES IIf COT?DITIONAL USE - BUILDING INSPECTOR LEE
ADD AN ENCLOSED TIRE RACK AT RINDT'S MOBIL SERVICE, S66
BECAUSE THIS WAS NOT A PERMANENT STRUCTURE, PLAN COMMISSION
QUESTIONED IF PLAN COMMISSION APPROVAL WOULD BE NECESSARY TO
W14452 JANESVILLE RD. IT WAS THE COMMISSION'S DECISION THAT
APPROVAL WOULD NOT BE NECESSARY.
OFFICIAL RECORDING OF CONDITIONAL USE GRANTS - THE RECORDING
SECRETARY READ THE FOLLOWING LETTER DATED MARCH 23, 1966, FROM
ATTORNEY HIPPENMEYER;
DEAR MAYOR GOTTFRIED:
PURSUANT TO YOUR REQUEST OF MARCH 10, 1966, I HAVE REVIEWED THE
FORM TO OFFICIALLY RECORD CONDITIONAL USE GRANTS WHICH YOU HAVE
FORWARDED TO ME.
I BELIEVE THAT TO HAVE SUCH A FORM IN THE GRANTING OF A CONDITION- @ AL USE HAS GREAT MERIT FOR THE REASONS THAT:
1) CONDITIONS OF THE GRANT WILL BE CLEARLY AND SPECIFICALLY
SPELLED OUT.
2) THE PETITIONER MUST SIGN THAT HE UNDERSTANDS AND AGREES TO
ABIDE BY ALL THE CONDITIONS OF THE GRANT.
I DO, HOWEVER, FEEL THAT MORE CONSIDERATION SHOULD BE GIVEN TO
WHETHER YOU WISH TO RECORD WITH THE REGISTER OF DEEDS EACH
CONDITIONAL GRANT THAT IS TSSUED. 1 FEEL THAT BEFORE YOU DECIDE
THIS YOU SHOULD CONSIDER:
1) THE COST OF RECORDING.
2) ANY AMENDMEāNFS OR FURTHER DENIALS OF THE GRANT WILL HAVE TO
LIKEWISE BE RECORDED.
3) ANY CHANGE IN ZONING THAT MIGHT AFFECT THE GRANT SHOULD
THEREFOR ALSO BE RECORDED.
IT IS OBVIOUS THAT THE PDRPOSE OF THE RECORDING WOULD BE TO PUT
SUBSEQUENT PURCHASERS ON NOTICE THAT THE PRESENT USE IS A GRANT
SUBJECT TO CONDITIONS AND NOT A RIGHT. I WOULD THINK THE SAME
THING COULD BE ACCOMPLISHED BY A SIMPLE AFFIDAVIT BY THE CLERK
THAT A CONDITIONAL GRANT HAS BEEN ISSUED AND THE PERMIT IS KEPT
ON FILE IN HER OFFICE AND MAY BE INSPECTED DURING OFFICE HOUBS.
/s/ RICHARD S. HIPPENMEYER SINCERELY,
lf~. CHASE MOVED TO REFER THIS BACK TO THE PLANNER TO DRAFT
THE NECESSARY CHANGES OR AMENDMENTS TO THE ZONING ORDINANCE
TO INCLUDE SUCH A FORM FOR SUBMISSION TO THE COMMON COUNCIL. MR. BUDISH SECONDED THE MOTION AND THE NOTION CARRIED.
ADJOUBIIMENT - MR. RAIMANN MOVED FOR ADJOURYNENT, MR. WALRATH
SECONDED THE NOTION AND THE MEETING WAS ADJOURNED AT 11 :I8 P.M.
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1 RESPECTFULLY SUBMITTED,
BARBARA J. SANDS RECORDING SECRETARY
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.~ Amrr, 12, 1966
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APRIL 12, 19.66
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APRIL 12, 1966
APRIL 12, , $966
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PLAN COMfiISSION