PCM19660816CITY PLAN COIUfISSsION CITY OF MUSKEG0
I~AYOR ~OTTFRIED CALLED THE MEETING TO ORDER AT 8:05
PIZESENT: XAYOR JE-~OME GOTTF~IED, CHAIRMAN, KILLARD BERTRAM, CHARLES BUEHLER, ALDERMAN S. ROBERT LENTINI AND ED RAIMANN. RUSSELL KNETZGER, CONSULTANT, AND BUILDING INSPECTOR LEE WER.~
ALSO PRESENT.
ABSENT: WILLIAM F. CHASE, SEC'Y, AND CLARENCE DAHLEN
IfIjJUTES: THE MINUTES OF THE PREVIOUS M.EETING, AUGUST 2, 1966,
AND THE SPECIAL MEETING OF SAME DATE WERE APPROVED AS F~AILED. THERE WAS SOUE DISCUSSION OF THE LAST PARAGRAPH, FAGE 3, UNDER GRAVEL, INC.
CRONIAr SOD FAR![ - h. JOSEPH CRONIN, sl03 W13991 LOOMIS DR. ,
FOR IRRIGATION PURPOSES ON HIS FARM IN SECTION 36 AJJD SUB-
MITTED A PLOT PLAN FOR THE COMMISSION'S REVIEW.
APPEARED RELATIVE TO HIS REQUEST FOR APDROVAL OF A RESERVOIR
CRONIN lDVISED THE COMMISSION THAT THIS POND IS
LOCATED ON THE iv% CORNER OF HIS Fd3M ON THE WZST SIDE OF THE
CREEK, THAT THE POND IS APPROXIMATELY 30' FROM THE CREEK AND
IS NOT CONNECTED IN ANY WAY TO THE CREEK, AND THAT UPON
COMPLETION THE POND WILL BE APPROXIXATELY 15' DEEP. THE
RESERVOIR WILL COLLECT THE OVERFLOW OF WATER FROM HIS FARM
IN THE SPRING AND THEN BE USED FOR IRRIGATION DURING THE DRY
SEASON. I%. CRONIN ADVISED THAT HE VOULD DRILL A WELL IF
NECESSARY TO FILL THE RESERVOIi3 BUT BELIEVES THE DRAINAGE
WATER WILL BE SUFFICIE?IT. .ME STATED THAT HE HAD BUILT A DIKE
AROUND HIS FARM TO ELIMINATE FLOODING OF HIS LAND WHEN THE
CREEK OVERFLOWS. HE MENTIONED HIS INTENTION TO SOMEDAY
STRAIGHTEN THE PATH OF THE CiZEEK ACROSS HIS PROPERTY. !l~?-. LENTINI MOVED TO APPROVE JOSEPH CRONIN'S REQUEST
FOR APPROVAL OF A 360' x 170' RESERVOIR FOR IRRIGATION PUR-
POSES IN ACCORDANCE WITH SE~, 5.07 (1 3) AND SEC~ 9.17 D. 2.
OF THE PIUSKEGO ZONING ORDINANCE. HR. RAIMANN SECONDED THE
HOTION AND THE MOTION CARRIED.
ROBERT hENTLAIiD - IYR. SC I~Rs. VENTLAND, NEW BERLIN, AND EILEEN REED, RHINIELANDER, CO-OWNER OF PROPERTY IN THE SE+ OF SEC. 5,
APPEARED RELATIVE TO REQUEST FOR LAND DIVISION AND PRESENTED A
PRELIMINARY PLAT SHOWING FUTURE ROAD GOCATIONS AS REQUESTED AT q-bhL
THE PREVIOUS PLAN COMMISSION MEETING.(SEE MINUTES OF 0-2-66)&
THE COMMISSIOIV REVIEWED AND DISCUSSED THIS PLAT AND
A CUL DE SAC ROAD CANNOT BE LONGER THAN SoO', THE
CUL DE SACS ON THIS PLAT EXCEEDING THIS LENGTH. HE ALSO IN-
PAGE 2 AUGUST 16, 1966
a DICATED HOW ADDITIONAL LOTS COULD BE CREATED. IT WAS THE COMMISSION'S DECISION THAT PLANNSR KNETZGER
CONTACT THE WENTLAND'S SURVEYOR, CLAUDE JOHNSON, AND CONCUR
TO RESOLVE THESE PROBLEMS.
FRED PETERS - 1.M. FRED PETERS, W194 S9734 RACINE AvE.,
APPEARED SEEKING APPROVAL OF DIVISION OF HER LAND IN SECTION
29 AND PRESENTED A CERTIFIED SURVEY DRAFTED BY SURVEYOR LLOYD DANCEY. IT WAS NOTED BY THE COMMISSION THAT A PRELIMINARY PLAT
AND QUARTER SECTION MAP HAD NOT BEEN SUBMITTED, THAT THE NEW
LOCATION OF HIWAY Y WAS NOT SHOWN ON THE SURVEY, AND THAT THE
AVERAGE WIDTH REQUIRED IN THIS R-1 DISTRICT IS 200' NECESSI-
TATING A!J INCREASE IN PARCEL WIDTH. IT WAS THE COMMISSION'S DECISION THAT A LETTER BE DIRECTED
TO SURVEYOR DANCEY INDICAYING THESE DESCREPENCIES.
RUSSELL GOXLDNE& - DONALD GOELDNER, W199 S8340 Moons ROAD,
SON, APPEARED RELATIVE TO THIS REQUEST FOR A SWIMMING POND
TO BE CREATED BY WIDENING A DRAINAGE DITCH ON THEIR PROPERTY
IN THE sw$ OF SEC. 17.
PfAYOR GOTTFRIED ADVISED THAT HE HAD TALKED TO COUNTY SANITARIAN RIPLEY AND IT WAS THE SANITARUN'S OPINION THAT A
POND CREATED FROM A DRAINAGE DITCH WOULD BE ACCEPTABLE FOR
ANY OTHER PURPOSE THAN SWIMMING; HOWEVER, AMONG OTHER THINGS
TO BE CONSIDERED, THE DRAINAGE DITCH COULD CARRY UNDESIRABLE
NUTRIENTS WHICH COULD CAUSE RASHES, ETC., AND THEREBY CREATE
AN UNHEALTHFUL CONDITION. PLANNER KNETZGER SUGGESTED THAT THE POND AND DRAINAGE
DITCH NOT BE CONNECTED, THAT THE POND BE FILLED BY WELL OR
SPRING AS MENTIONED AT THE PREVIOUS MEETING. MR. RAIMANN MOVED TO APPROVE THE REQUEST OF RUSSELL GOELDNER FOR SWIMMING POND WITH THE CONDITION THAT THE POND
THE DITCH DOES NOT ENTER THE POND. MR. BUEHLER SECONDED THE
DOES NOT CONNECT WITH THE DRAINAGE DITCH SO THAT WATER FROM
MOTION AND THE MOTION CARRIED.
JEXACO. IIK'. - MESSRS. D. If. KRESSE AND LEO CONCOTELLI,
REPRESENTATIVES OF TEXACO, INC., APPEARED TO DISCUSS THE SITE
STATION ON THE CORNER OF HIWAY 24 AND TESS CORNERS DRIVE. A
RECOMMENDATION SUBMITTED BY PLANNER LNETZGER, DATED AUGUST 0,
1966, WAS REVIEWED AND DISCUSSED.
OPENING OF 25: AS INDICATED IN THE RECOMMENDATION, WOULD BE
AND OPERATIONAL PLANS FOR THE PROPOSED AUTOMOBILE SERVICE
TEXACO REPRESENTATIVES WERE CONCERNED THAT A DRIVEWAY
TOO NARROW; THEY WERE NOT RECEPTIVE TO THE MULLION TYPE WINDOW
TREATMENT NOR A UNIFORM OVERHANG. THERE WAS ALSO DISCUSSION
OF LANDSCAPING, SIGNS AEJD LIGHTING.
HAYOR GOTTFRIED QUESTIONED THE EXPECTET, VALUE OF THE
COMPLETED BUILDING AND MR. KRESSE ANSWERED ABOUT $20,000
PAGE 3 AUGUST 16, 1966
INCLUDTNG THE-EQUIPMENT' i i,
PLANNER KNETZGER HAD INDICATED SOME CHANGES ON-THE SET
OF "~ExAcO PLANS W~ICH BELONG TO THE -CITY PLAN COMXIS~ION:
THESE PLANS WERE LOAN ED TO TEXACO IN. ORDER THAT THEIR ENGI-
NEERS COULD REVIEW THETI, SAME TO BE RETURNED TO THE COMMISSION.
GLASS WINDOW WILL BE ACCEPTABLE, AND THAT THE OVERHANG (6" ON
THE REAR AND 3 o ACROSS THE FRONT) WILL BE ACCEPTABLE# IPR.
MR. BUEHLER MOVED THAT WHEN THE CONDITIONAL USE Is DRAWN
up A MULLION TYPE WINDOW WILL NOT BE REQUIRED, A STOCK PLATE-
I, I1
LENTINI SECONDED THE MOTION AND THE MOTION CARRIED.
ji~. RAIMANN CALLED FOR RECESS AT 9:45 P. If. AND THE MEETING
RECONVENED AT 9:49 P. !f.
.~ FIRS. -VATTIE STEFANIAK - PLANNER KNETZGER REVIEWED HIS RECON-
MENDATION, DATED 8-2-66, TO DENY THE REQUEST OF HATTIE STEFA-
NIAK TO REZONE A PORTION OF HER PROPERTY FROM RS-1 TO RS-2
IN SEC. 21. IN ANSWER TO A QUESTION FROM ALDKRMAN LENTINI, BUILDING INSPECTOR LEE EXPLAINED THAT AS A RESULT OF THE STEFANIAK
LAND DIVISION FOR THE DONALD HABERMEYERS, THE HABERMEYERS
DESIRED TO BUILD A 1400 SQ. FT. HOME, THEY APPEALED TO THE BOARD OF APPEALS FOR THIS VARIANCE WHICH WAS DENIED AND THE
1400 SQ. FT. HOME WAS REDESIGNED AND PLANS FOR A 1600 SQ.
FOLLOWING DISCUSSION, MR. ~UEHLER MOVED TO RECOMMEND
TO THE CONMON COUNCIL TO DENY THE REQUEST OF HATTIE STEFANIAK
REASONS AS INDICATED IN THE PLANNER'S RECOMMENDATION:
1. THE RE-ZONING COULD NOT BE ACCOMPLISHED WITHOUT
EXTENSIVE RE-ZONING OF THAT ENTIRE NEIGHBORHOOD TO KEEP SOME
HopIE- _sURMITm. .
. - .~
TO REZONE LAND IN SEC. 21 FROM &-I TO 8s-2 FOR THE FOLLOWING
SEMBLANCE OF ORDER IN THE PATTERN OF CHANGE FROM ZONES OF
HIGHER DENSITY TO ZONES OF LOWER DENSITY.
2. NO REASONS HAVE BEEN OFFERED BY THE PETITIONER, OTHER
THAN THE 8-1 CONFLICT, AS TO WHY THE CITY SHOULD RE-ZONE THAT
NEIGHBORHOOD TO A HIGHER DENSITY (50% HIGHER) AND A SMALLER
HOME SIZE.
ORDINANCE'S OWN DEFINITION. THIS DISTRICT IS INTENDED TO
BROVIDE FOR INDIYIDUAL OR SMALL GROUPS OF RETAIL OR CUSTOMER
SERVICE ESTABLISHMENTS SERVING PRIMARILY THE CONVENIENCE OF
A LOCAL NEIGHBORHOOD, AND THE CHARACTER, APPEARANCE, AND
OPERATION OF WHICH ARE COMPATIBLE WITH THE CHARACTER OF THE
3. THE a-1 REASON FOR RE-ZONING IS. INVALID BY THE ZONING
I1
SURROUNDING AREA. AN RS-2 DISTRICT WOULD NOT FIND THE B-1 I1
BUSINESS ZONE ANY MORE COMPATIBLE THAN AN 8s-1 IF THE PETITIONgR
WERE RIGHT THAT INCOMPATIBILITY EXISTS--IN WHICH CASE THE
CHANGE WOULD BE TO REMOVE THE B-1, NOT TO CHANGE THE RESI-
DENTIAL ZONE, IT Is NOT PROPER TO USE A 2.5 ACRE B-1 ZONE
RESIDENTIAL USE.
CHANGE TWO THIRDS OF A 130 ACRE AREA TO ANOTHER DENSITY OF
DESIGNED TO SERVE A RESIDENTIAL NEIGHBORHOOD AS AN EXCUSE TO
PAGE 4 AUGUST 16, 1966
PIR. BERTRAM SECONDED THE MOTION AND THE MOTION CARRIED WITH "a ALDERMAN LENTINI CASTING THE ONLY DISSENTING VOTE,
HALES COfiTERS SAjD & GRAVEL - TIIE COMMISSION REVIEWED THE NEW
RESTORATION PLAN SUBMITTED BY HALES CORNERS SAND & GRAVEL,
5' CONTOUR LINES AND FAIRLY LEVEL LAND APPROXIMATELY 300' TO
NOTING THAT THE PLAN SHOWED ELEVATION AT FINAL RESTORATION WITH
MCSHANE ROAD AS REQUESTED AT THE PLAN COMMISSION TfEETING OF JULY 19, 1966. THE COPTMISSION ALSO NOTED THAT THE $30,000
RESTORATION BOND HAD BEEN RENEWED, COPY OF THE RECEIPTED BILL
RECEIVED BY THE CITY.
!f~, RAIMANN MOVED TO RECOMMEND TO THE COMMON COUNCIL
THAT THE CONDITIONAL USE GRANT FOR OPERATION OF A GRAVEL
PIT IN SECTION 12 FOR HALES CORNERS SAND & GRAVEL BE RENEWED
FOR ONE YEAR. !IR. BUEHLER SECONDED THE MOTION AND THE MOTION
CARRIED e
JOSEPH J. DO.nI-OVAJI - THE COMMISSION RECEIVED A PETITION SUB-
MITTED BY DR. JOSEPH J. DONOVAN, s73 Id19347 LOCHCREST BLVD,, - REQUESTING A CONDITIONAL USE GRANT TO PERMIT AN ANIMAL HOS-
PITAL AT ill79 ST664 RACINE AVE.
THIS REQUEST FOR TUESDAYJ S0,PTEMBER 20TH AT 7:3O P. !f. MR. I%. LENTINI MOVED TO SCHEDULE THE PUBLIC HEARING FOR
BERTRAM SECONDED THE MOTION AND THE MOTION CARRIED.
COHIfUMICATIOlCi' - THE FOLLOWING COMMUNICATION DATED AUGUST 0,
1966, FROM ATTORNEY WM. F. REILLY, WAS READ BY THE RECORDING
SECRETARY:
II DEAR MAYOR GOTTFRIED: FIND ENCLOSED AN AMENDNENT TO ORDINANCE 16, SECTION 3. 07J
SUB-SECTION (1 ) PER YOUR REQUEST OF JULY 28, 1966. IN ESSENCE,
THIS AMENDMENT NOW REQUIRES ONLY TWO PUBLICATIONS IN TWO
CONSECUTIVE WEEKS, THE LAST PUBLICATION BEING AT LEAST 1 WEEK
PRIOR TO THE HEARING.
SINCERELY,
/s/ VM. F. REILLY"
MAYOR GOTTFRIED ADVISED-THAT THE STATE LAW HAD BEEN
AMENDED AS TO PUBLICATION REQUIREMENTS ANI, THAT THIS AMEND-
MENT WOULD REDUCE THE TIME INVOLVED FOR SCHEDULING THE CITY'S
PUBLIC HEARINGS, FROM 3 PUBLICATIONS TO 2 PUBLICATIONS AND
FINAL PUBLICATION ONE WEEK PRIOR TO THE HEARING INSTEAD OF THE
PRESENTLY REQUIRED 10 DAYS. I%. LENTINI ii'OVED TO RECOMMEND TO THE COMMON COUNCIL THAT AMENDMENT TO ORDINANCE iVo. 16, SEC. 1 3.07 (1 ) BE ADOPTED.
PAGE 5 AUGUST 16, 1966
SUBDIVISIOIV CONTROL ORDINANCE APIENDUEIJTS - PLANNER KNETZGER
AND THE COMMISSION MEMBERS DISCUSSED AND REVIEWED THE AMEND-
MENTS TO THE SUBDIVISION CONTROL ORDINANCE.
A.lLLW&Y~~NT - h. BERTRAM MOVED FOR ADJOURNMENT, PIR. LENTINI
SECONDED THE MOTION AND THE MEETING WAS ADJOURNED AT 11:40 p. N.
RESPECTFULLY SUBMITTED,
BARBARA J. SANDS RECORDING SECRETARY
DATED THIS I~TH
DAY OF AUG. 1966
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HIPPENMEYER. REILLY. FRITZ 6 ARENZ
LAW OFFICES OF
720 CLINTON STREET
WAUKESHA,WISCONSIN 89187
August 8, 1966
Honorable Jerome 3. Gottfried
Mayor, City of Muskego
P.O. BOX 34
Muskego, Wisconsin
Dear Mayor Gottfried:
Find enclosed an amendment to Ordinance 16. . ~~~~~ ~~ ~~
Section 3.07, sub-section (1) per your request
'of July 28, 1966.
In essence, this amendment now requires only two
publications in two consecutive weeks, the last
publication being at least
hearing.
Sincerely,
HIPPENMEYER, FU3I.LLY
William F. Reilly
1 week prior to the
& ARENZ
WFR/sw
Enc.
REC'D ,I
ATTEST :
ORDINANCE NO. 80
AN ORDINANCE AMENDING ORDINANCE NO. 16
ENTITLED "AN ORDINANCE ADOPTING A PREVIOUSLY
EXISTING ZONING ORDINANCE OF THE TOWN OF
MUSKEGO, WAUKESHA COUNTY, WISCONSIN AND
AMENDING THE SAME".
The Mayor and Comon Council of the City of Muskego,
Waukesha County, Wisconsin, do ordain as follows:
Section 1. Section 3.07 of the ordinance adopting
a previously existing zoning ordinance is hereby
amended to read as follows:
3.07 (1) Notice: Notice of the proposed change
and hearing thereon shall be given by
publication in the official paper once a
week for two consecutive weeks the- last
of which shall be at least one week before
requesting changes in the zoning district
the hearing, and in the cases of petitions
classification of any property, granting of
conditional uses, or of planned developments
under 6.02, the City Clerk shall mail notice
of the public hearing to the owners of all
lands within 300 feet of any part of the land
included in such proposed change or con-
ditional use at least 10 days before such
public hearing. The failure of such notice
to reach any property owner, provided such
failure be not intentional, shall not invalidate
ditional use of planned development. Such
any amending ordinance, or grant of con-
mailed notice shall not be required where the
Common Council determines that the change is
would involve excessive administrative effort
of such comprehensive nature that such notice
notification of affected property owners. At
and expense and is not necessary for reasonable
least 10 days prior written notice of changes
in the district plan shall also be given to the
within 1000 feet of the land to be affected by
Clerk of any municipality whose boundaries are
the proposed change. Failure to give such notice
shall not invalidate any such change.
Section 2: All ordinances in conflict with this ordinance
are hereby repealed and this ordinance shall take effect from
and after its passage and publication.
Passed and adopted this day of , 1966.
Mayor
Bette J. Bowyer
Clerk