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PCM19670919CITY PLAN COMMISSION CITY OF MUSKEGO - MIIVUTES OF MEETING HELD SEPTEMBER 19, 1967 +. PRESENT: MAYOR JEROME J. GOTTFRIED, CHAIRMAN; WILLIAM F. CHASE, SEC'Y; S. ROBERT LENTINI, ADLERMAN; WILLARD BERTRAM, CHARLES BUEH- LER, PAUL DEANGELIS, ED RAIMANN AND PLAN CONSULTANT RUSSELL KNETZ- GER AND GERALD P. LEE, BLDG. INSP. MINUTES: THE MINUTES OF SEPTEMBER 5, 1967 MEETING WERE APPROVED AS AMILED. DOATALD L. BENTLEY: MR. BENTLEY APPEARED IN BEHALF OF XIS REQUEST FOR CONDITIONAL USE GRANT FOR THE PURPOSE OF OPERATION OF A DOG KENNEL. HE STATED THAT IT WAS NOT HIS INTENTION TO BOARD DOGS, BUT TO MAINTAIN A KENNEL FOR THE SIX DOGS HE NOW OWNS. SAID DOGS ARE USED FOR BREEDING AND SHOW. MR. HERBERT GROBER, A NEIGHBOR^ WAS PRESENT EXPRESSING HIS CONCERN OVER EXCESSIVE BARKING THUS OB- JECTING TO THE KENNEL. THE COMMISSION REVIEWED THE PROPOSED SITE PLAN. SOME DISCUSSION TOOK PLACE REGARDING THE POSSIBILITY OF MOV- ING THE KENNELS TO THE EXTREME REAR OF THE LAND. MR. BENTLEY STAT- IT WOULD BE ALMOST A MILE AWAY. THE PLANNER INQUIRED OF MR. BENT- ED THAT IT WOULD BE AN INCONVENIENCE FOR MAINTENANCE AND FEEDING AS @ LEY WHETHER HE WOULD BE WILLING TO ACCEPT CONDITIONS PLACED UPON THE OPERATION, SUCH AS. . .TIME LIMIT, LIMITATION AS TO NUMBER OF DOGS AND INABILITY TO BOARD OTHER DOGS. MR. BENTLEY SAID THAT HE WOULD BE WILLING TO ACCEPT SUCH CONDITIONS. MR. LENTINI MOVED THAT THE CONDITIONAL USE GRANT FOR THE PURPOSE OF THE OPERATION OF A DOG KENNEL BE GRANTED TO MR. BENTLEY, IN ACCORDANCE WITH PLANS SUBMIT- TED, CONDITIONED UPON THE FOLLOWING: THE TERM OF OPERATION NOT TO NUMBER OF DOGS SHALL NOT EXCEED SIX, SAID CONDITIONAL USE GRANT OR PART. MOTION SECONDED BY MR. BERTRAM AND MOTION PASSED. ANNEXATION: THREE MEMBERS OF THE SCHOOL BOARD OF THE VILLAGE OF BIG BEND MADE A PERSONAL APPEARANCE WITH MRS. L. HAVERBERG ACTING AS EXCEED FIVE (5) YEARS, THERE WILL BE NO COMMERICAL DOG BOARDING, SHALL BE REVIEWED BY THE COMMISSION UPON TRANSFER OF TITLE IN WHOLE SPOKESMAN, TO VOICE THEIR OBJECTIONS TO THE RECENT ANNEXATION IN- TENT TO CIRCULATE AN ADDEXATION PETITION FOR CERTAIN TERRITORY LY- ING IN THE TOWN OF VERNON BY PAYNE & DOLAN OF WISCONSIN. AFTER A BRIEF RECIEW OF THEIR OBJECTIONS, THE CHAIRMAN REMINDED THE GROUP CITY COUNCIL. STEVEN SCHULER: THE PRELIMINARY SKETCH OF THE BALTAZAR~CHULER PRO- ~PERTY IN THE SW$, SE~. 32 WAS REVIEWED. MANY QUESTIONS WERE RAISED PRESENT THAT THE MATTER HAS NOT BEEN FORMALLY PRESENTED TO THE AS TO ULTIMATE PLATTING OF ENTIRE AREA UNDER CONSIDERATION, AREA ALREADY PLATTED IN RELATIONSHIP TO THE RECORDED PLAT OF MCLAUGHLINS, 25' RIGHT-OF-WAY, ETC. THE CHAIRMAN WILL CONTACT MR. SCHULER. (2) JOSEPH MAGARICd: THE CHAIRMAN STATED HE DISCUSSED COMPLETION OF RESTORATION WITH MR. MAGARICH AND WAS INFORMED THAT HE HAD HOPED HE WOULD BE ABLE TO GET A PIECE OF HEAVY EQUIPMENT IN AND SLOPE THE ONE END, BUT HAD NOT REACHED A FINAL DECISION AS YET. HERBERT THODE: THE PRELIMINARY PLAT FOR DIVISION OF 4.4 ACRES OF LAND IN THE SF: OF SEC. 26 WAS REVIEWED. SAID PARCEL INDICATED WIDTHS OF 250' BORDERING ALONG THE LAKE SHORE, 450' WIDTH ACROSS REAR AND 700' AND 750' IN DEPTH. QUESTIONS RAISED CONCERNED THE INDICATED 60' R.0.F. AND HIGH WATER LINE INDICATED ON PLAT. THE DUE TO INDICATED HIGH WATER LINE. PLANNER KNETZGER REVIEWED SEC. COMMISSION QUESTIONED POSSIBLE LOCATION OF BUILDINGS ON THIS SITE 6.01 (2) DRAINAGE:. . . NO PRINCIPAL BUILDING SHALL BE ERECTED, STRUCTURALLY ALTERED, OR RELOCATED ON LAND WHICH IS NOT ADEQUATELY DRAINED AT ALL TIMES NOR WHICH IS SUBJECT TO PERIODIC FLOODING, NOR SO THAT THE LOWEST FLOOR LEVEL IS LESS THAN 3 FEET ABOVE THE HIGH- EST ANTICIPATED SEASONAL GROUN~~~~TER LEVEL. HE FURTHER EXPLAINED THAT THERE IS NO LIMIT OF HOW/LAND CAN BE IN V.F.L. AS LONG AS THE TEST. IT WAS POINTED OUT THAT IT IS NOT INTENDED TO BUILD A HOME ON THIS LAND AT THIS TIME. MR. BUEHLER MOVED, AS SECONDED BY MR. BERTRAM THAT THE PRELIMINARY PLAT OF HERBERT THODE BE ACCEPTED AS PRESENTED, SUBJECT TO APPROVAL BY THE CITY ENGINEER; TOPOGRAPHIC DATA BE PRESENTED, SUBMISSION OF SATISFACTORY 60' R.O.W. EASEMENT AREA WILL BE KEPT DRY AND YOU ARE ABLE TO GET AN APPROVED PERC. e AGREEMENT AND THE INDICATION ON PLAT AS TO POSSIBLE BUILDING LOCA- TIONS, MOTION CARRIED. VILFRED POSBRIG: REPORT ON SOIL BORINGS AND PERCOLATION TESTS TAKEN IN 1956 ON A 28 ACRE PARCEL, WERE REVIEWED BY THE COMMISSION. THE PROPOSED 14 ACRE DIVISION IS PART OF THE ORIGINAL 28 ACRES MENTIONED ABOVE. IT WASUNANIMOUSLY AGREED BY THE COMMISSION THAT THE PERCOLA- TION TESTS BE ACCEPTED AS SUBMITTED AND THAT MR. POSBRIG BE NOTI- FIED THAT HE MAY PROCEED WITH HIS PRELIMINARY PLAT.. ~ MUSKEG0 BEER DEPOT: MR. ARTHUR BUDAHN OF THE MUSKEGO BEER DEPOT ER-COOLER WITHIN THE CONFINES OF THE BEER DEPOT SITE. SAID SITE TRAILER-COOLER BODY IS APPROXIMATELY 8' BY 20' AND WILL BE STORED ED REAR YARD. POSSIBLE PROBLEMS AROSE FROM THE COMMITTEE FLOOR, PRESENTED A SITE SKETCH COVERING A PROPOSED STORAGE AREA FOR A TRAIL- ENTAILS LOTS 14, 15 AND 16, 1ST ADD. TO KROGMAN'S SUBDIVISION. THE ON THE REAR CORNER OF THE BUILDING WITHIN AN ENCLOSED, WELL SCREEN- SUCH AS, GROUND FOUNDATION MIGHT ENCOURAGE RODENTS, APPROVAL OF SUCH BODY-TYPE STORAGE MIGHT SET A PATTERN OF APPROVAL FOR BUSINESS AREAS. ONE MEMBER POINT OUT THAT THERE IS A HOME LOCATED DIRECTLY NESS MEN SHOULD BE AIDED AS MUCH AS POSSIBLE. THE CHAIR CAUTIONED HE COMMISSION AS TO THE ADVISABILITY OF GRANTING SUCH PERMISSION TO THE REAR AND ANOTHER MEMBER STATED THAT HE FELT THAT LOCAL BUSI- @ S IT MIGHT SET A PRECEDENT AS HAD BEEN INDICATED BY A MEMBER. MR. CHASE MOVED THAT PERMISSION NOT BE GRANTED TO THE MUSKEGO BEER DEPOT BUEHLER AND MOTION CARRIED. MR. DEANGELIS VOTED NO. TO MOVE THIS TRUCK BODY ONTO THE PROPERTY, MOTION SECONDED BY MR. JEROME DRUGS. INC: AT THIS POINT MR. GOTTFRIED TURNED THE CHAIR OVER TO MR. CHASE. THE APPELANT, MR. GOTTFRIED, REQUESTED PERMIS- SION OF THE COMMISSION TO PLACE A TEMPORARY SIGN AT THE ENTRANCE TO THE NEW JEROME DRUG SITE. THE SIGN IN QUESTION IS PRESENTLY A FREE-STANDING SIGN LOCATED ON THE NOW JEROME DRUG STORE SITE, IT READS JEROME WALGREEN AGENCY . . DRUGS" MEASURES APPROXIKATELY 2' x 4" WHILE THE ENTRANCE SIGN WILL BE ABOUT 2' x 6". HE EXPLAINED THAT THERE IS NO MARKED ACCESS ON THE HIGHWAY SIGN. THE PLANNER MR. GOTTFRIED REVIEWED THAT COMMUNICATION, DATED NOVEMBER 14, 1966 II It 11 CAUTIONED THE BOARD THAT SEC. 5.02 E WOULD APPLY IN THIS INSTANCE. STATED THAT THE APPELANT WOULD REMOVE AT HIS OWN EXPENSE THE PRO- POSED LEACH BED AND SIGN LOCATED WITHIN THE HIGHWAY RIGHT-OF-WAY. JEROME DRUGS, INC., BE APPROVED AS SUBMITTED AS TO SITE LOCATION CONDITIONED THAT SAID SIGN WIL MR. BUEHLER MOVED, AS SECONDED BY MR. LENTINI, THAT THE SIGN OF !$M EMOVED BY PETITIONER A.T HIS OWN EXPENSE ONCE THE SHOPPING/ ELOPED TO 40,000 SQUARE FEET. MOTION CARRIED. ZONING ORDINANCE AMENDMENT - ORD. #75. GASOLINE SERVICE STATIONS: SION ON SEPTEMBER 5, 1967, SAID RECOMMENDATIONS BEING MADE TO THE THE CHAIRMAN BRIEFLY REVIEWED RECOMMENDATIONS MADE BY THE COMMIS- RULES, LAWS AND ORDINANCE COMMITTEE. IN REVIEWING THE NEW DRAFT THE COMMISSION EXPRESSED MUCH CONCERN OVER PARAGRAPHS C, 1 AND 2. MR. CHASE MOVED THAT RECOMMENDATION BE MADE TO THE COMMON COUNCIL @THAT ORD. #75 BE ADOPTED, MOTION SECONDED BY MR. RAIKAN. VARIOUS CONCERNS WERE EXPRESSED BY COMMITTEE MENBERS REGARDING ABOVE SEC- TIONS, SUCH AS, LACK OF GOVERNMENTAL CONTROL, CONFLICT OF L'NTEREST, AFFECT ON EXISTING STATIONS, ETC. ROLL CALL VOTE RESULTS WERE; RAIMAN, DEANGELIS, CHASE AND GOTTFRIED VOTING YES, BERTRAM, LENTINI, AND BUEHLER VOTING NO. THE CHAIR STATED THAT HE WOULD RETURN TO THE RULES, LAWS AND ORDINANCE COMEITTEE WITH THE COMMISSION'S FEEL- INGS ON THE TEXT OF ORB. #75. WESTVIEV SUBDIVISION: THE PRELIMINARY PLAT OF LOT 1, MESTVIEW SUB- DIVISION AS SUBMITTED BY MUSKEGO-NEW BERLIN BUILDERS WAS REVIEWED BY THE BOARD. IT WAS NOTED THAT PARCEL IB IS SUBJECT TO AN EASE- AVAILABLE. F~OPOSED DIVISION OF RECORDED PLAT IS LOCATED ON THE CORNER OF TOWER AND WESTWOOD DRIVES AND IS LOCATED WITHIN THE FIRST PHASE OF THE SEWER DISTRICT. MR. CHASE MOVED, AS SECONDED BY MR. DEANGELIS, THAT THE COMMISSION ACCEPT THE PRELIMINARY PLAT AS SUB- MENT FOR POSSIBLE SEPTIC FIELD EXTENSION UNTIL SANITARY SEWER IS MITTER BY MUSKEGO-NEW BERLIN BUILDERS, FOR LOT1J VESTVIEW SUBDIVI- SION, AND MOTION CARRIED. (SUBJECT TO PROPER PERC. TESTS) AT 9:50 THE CHAIRMAN, JEROME GOTTFRIED, DECLARED A TEN MINUTE RE- 6~~~'BOU8DO: THE PRELIMINARY PLAT OF LEON BOURDO FOR A THREE-PAR- CEL DIVISION IN SEC. 31 WAS REVIEWED. EACH PARCEL CONTAINS 74,888 " .. .~ . SQ. FT. THEREFORE NOT REQUIRING STATE AGENCY APPROVAL, SEE SEC. III A 1 AND 2. MR. LENTINI MOVED THAT THE PRELIMINARY PLAT OF LEON BOURDO IN SEC. 31 BE APPROVED AS PRESENTED, MOTION SECONDED BY MR. BUEHLER AND MOTION CARRIED. AMENDMENT TO COMPREHENSIVE PLAfl: THE CHAIRMAN REVIEWED THE NEED FOR A CHANGE TO THE COMPREHENSIVE PLAN FOR THE CIVIC CENTER SITE. IT ELY 75 ACRES OF LAND BOUNDED BY HIGHWAY 24 (JANESVILLE ROAD) AND LANNON DRIVE. A PROPER RESOLUTION WILL BE DRAFTED BY MR. GOTTFRIED WAS INDICATED BY HIM THAT APPRAISALS ARE BEING MADE FOR APPROXIMAT- COVERING THE CHANGE. 1968 PLAN COMMISSION BUDGET: THE BUDGET COMMITTEE DID NOT MEET AS PLANNED. PLANNERS REPORT: LETTER DATED AUGUST 9, 1967 AS FOLLOWS: RE: DEVELOPMENT BEFORE PUBLIC SEWERAGE INSTALLATION - ZONING ORDINANCE. DEAR MAYOR GOTTFRIED: YOUR LETTER OF AUGUST 8, 1967 ASKS WHY THE ZONING ORDINANCE DOES NOT HAVE A PROVISION IN ITS MULTIPLE-FAMILY DISTRICTS (RSA AND RSM, SECTIONS 8.09 AND 8.10) SIMILAR TO THE SINGLE FAMILY DISTRICTS RE- @ GARDING BUILDING BEFORE PUBLIC SEWERS ARE AVAILABLE, you ASK FUR- (WHICH THE PLAN COMMISSION HAS BEEN CONSIDERING OFF AND ON FOR A THER WHETHER SUCH A PROVISION COULD BE MADE FOR DUPLEX DEVELOPMENT, YEAR OR MORE). YOU WILL NOTE THAT WE HAVE REFERRED TO THIS PROVISION IN THE ORDI- NANCE AS BUILDING BEFORE PUBLIC SEWERS ARE AVAILABLE" WHEREAS YOUR LETTER SPEAKS OF PROVIDING FOR THE CREATION OF LOTS BELOW THE RE- I1 II QUIRED AREA IF SEWERS ARE PLANNED FOR THE AREA . . . THE DISTINC- TION IS IMPORTANT. A CAREFUL READING OF ONE OF THE RS RESIDENTIAL RS-3, FOR EXAMPLE, IT IS 15,000 SQUARE FEET. THE "DENSITY"HOWEVER II DISTRICTS SHOWS THAT THERE IS BUT REQUIRED LOT SIZE -- IN THE IS DOUBLED FOR DEVELOPMENT WITHOUT PUBLIC SEWER'', 'MEANING 'A BUILD- ING PERMIT CANNOT BE ISSUED UNLESS TWO LOTS ARE USED IN ONE FORM I1 OR OTHER PER DWELLING. THUS IN SUBDIVISION PLATTING WE PERMIT -- SIZE REQUIRED BY THAT DISTRICT. WHEN APPLICATION IS MADE TO BUILD, NOT A LOT BELOW THE REQUIRED MINIMUM -- BUT THE ONE AND ONLY LOT HOWEVER, WE THEN REQUIRE THE DOUBLE SIZE. IN OUR DRAFT ORDINANCE, OUR FIRM DID NOT RECOMMEND PERMITTING ANY BUILDING BEFORE SEWERS WERE INSTALLED IN THE RSA AND RSM DISTRICTS BECAUSE EVEN IF THE DENSITY WERE DOUBLED, AS IN THE SINGLE FAMILY I)DISTRICTS, THE RESULTING DENSITY WOULD BE Too INTENSE FOR SEPTIC SYSTEMS, IF THE DENSITY WERE TRIPLED, ESPECIALLY IN THE RSM, THIS MIGHT THEN BE ENOUGH AREA FOR SEPTIC DISPOSAL FIELDS, BUT OTHER FACTORS SUCH AS PROPER SITE DESIGN AND DEVELOPMENT ECONOMICS ENTER IN WHICH MAKE DEVELOPMENT AT THAT DENSITY UNLIKELY* THE QUESTION ON DUPLEXES WOULD DEPEND ON THE DENSITY- IF THE CITY WOULD PERMIT TWO FAMILY UNITS IN ALL OF ITS RESIDENTIAL DISTRICTS ON THE SAME SIZE LOT AS A SINGLE FAMILY (WHICH IS WHAT WE WOULD RECOMMEND) THE ONLY PRO?,LEMS T$AT MIGHT OCCUR WOULD BE IN THE ffs-3 DISTRICT, WHERE AT THE DOUBLE DENSITY OF ONLY 30,000 FEET (PER PAIR OF DWELLINGS IN THIS CASE) THERE WOULD ACTUALLY BE ONLY 15,000 SQUARE FEET PER FAMILY, WHICH MIGHT POSE SEPTIC SYSTEM PROBLEMS. WE WOULD SUMMARIZE BY STATING THAT OUR PREVIOUS RECOMMENDATIONS HAVE NOT CHANGED ON THE RSA AND RSM DISTRICTS--DEVELOPMENT SHOULD BE PROHIBITED AT THAT DENSITY UNTIL SEWER IS AVAILABLE. ON THE NEW QUESTION OF DUPLEXES, THERE PROBABLY WOULD BE NO PROBLEM IN THE LARGE LOT DISTRICTS, BUT IN THE SMALLEST DISTRICTS THERE QUITE LIKELY WOULD BE UNFAVORABLE ABEORPTION RATES MAKING THE DUPLEX AT SINGLE FAMILY LOT DENSITIES NOT FEASIBLE ON SEPTIC SYSTEMS. ffESPECTFULLY SUBMITTED, JJELSON & ASSOCIATES, INC. RUSSELL KNETZGER Co"llNICAT'I0~S.' SEC'Y READ THE FOLLOWING COMMUNICATIONS RECEIVED FROM ATTORNEY HIPPENMEYER REGARDING GRAVEL BONDS AND SEC. 6.11 (4) APPEAL. . . LETTER DATED SEPTEMBER 12, 1967 DEAR MAYOR GOTTFRIED: IN REPLY TO YOUR INQUIRY OF SEPTEMBER 0, 1967, RELATIVE TO THE DEFINITION OF AGGRIEVED PARTIES UNDER SEC. 6.11 (41, IT IS OUR OPINION THAT AGGRIEVED PARTIES ARE NOT LIMITED TO THE APPLICANT ALONE BUT MAY ALSO INCLUDE NEIGHBORS WHO MAY BE AFFECTED BY THE DECISION OF THE PLANNING COMMISSION. GENERALLY, IT IS HELD THAT TO BE AN AGGRIEVED PERSON", AUTHORIZED II BY THE STATUTORY LANGUAGE TO BRING A PROCEEDING IN REVIEW, ONE MUST BE SPECIALLY, PERSONALLY AND ADVERSELY AFFECTED BY THE DET- ERMINATION OF WHICH JUDICIAL REVIEW IS SOUGHT, AS DISTINGUISHED FROM ONE WHO IS MERELY WITHIN THE GENERAL CLASS OF TAXPAYER OR RESIDENT WHOSE ONLY INTEREST IN THE DETERMINATION MADE Is ITS CLAIMED ADVERSE EFFECT UPON THE ZONING REGULATIONS AS EMBODIES IN THE COMPREHENSIVE PLAN AND AN INTEREST IN THEIR STRICT EN- @ORCEMENT. I ALSO CALL YOUR ATTENTION THAT IN ADDITION TO THE ABOVE AS REQUIRED IN SEC. 6.11 OF THE ZONING ORDINANCE, A PERMIT UNDER CHAPTER 14 OF THE BUILDING CODE IS ALSO NECESSARY. HIPPEIVMEYER, REILLY, FRITZ & AREIVZ RICHARD S. HIPPENMEYER ' LETTER DATED SEPTEMBER 14. 1967 RE: GRAVEL BONDS DEAR MAYOR GOTTFRIED: IN REPLY TO YOUR HYPOTHETICAL QUESTION AS BASED IN YOUR LETTER OF SEPTEMBER 0, 1967, IT IS OUR OPINION 1. THAT THE FACT THAT THE PRINCIPAL MIGHT CANCEL HIS BOND WITH THE INSURANCE COMPANY DOES NOT RELEASE THE INSUR- ANCE COMPANY FROM THEIR LIABILITY UNDER THE BOND. 2. AS THE BOND IS A CONTRACT WITH THE MUNICIPALITY, THE MUNICIPALITY IN THE EVENT OF A BREACH WOULD HAVE A CAUSE OF ACTION FOR A PERIOD OF 6 YEARS AFTER THE BREACH THE PERIOD TO A LESSER TIME. AND FURTHER ASSUMING THAT PROVIDING THERE IS NOTHING IN THE CONTRACT THAT LIMITS THE CITY IS NOT BARRED BY HAVING WAIVED THE NON-COMPLIANCE OR HAVING BEEN GUILTY OF LATCHES. I REALIZE THAT THIS IS A GENERAL ANSWER BUT MUST OF NECESSITY BE GENERAL BECAUSE IN EACH INSTANCE THE FACTS MAYBE DIFFERENT. I WOULD SUGGEST THAT YOU SEND US THE BOND OR BONDS THAT ARE IN QUESTION AND WE WILL THEN BE IN A POSITION TO GIVE A SPECIFIC ANSWER BASED ON THAT PARTICULAR BOND OR BONDS. SINCERELY, HIPPENMEYER, REILLY, FRITS & ARENZ RICHARD S. HIPPENMEYER MEETING DECLARED ADJOURNED AT 11130 PM. RESPECTFULLY SUBMITTED, BETTE J. BOIJYER RECORDING SEC'Y