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PCM19680304CITY PLAN COMMISSION CITY OF MUSKEGO MINUTES OF MEETING HELD MARCH 4, 1968 CITY HALL Mayor Gottfried called the meeting to order at 8:lO P. M. PRESENT: Mayor Jerome Gottfried, Chairman, Willard Bertram, Paul DeAngelis, Ald. Building Inspector Lee was also present. S. Robert Lentini and Ed Raimann. William Chase, Secretary, arrived at 8:15 P. M. ABSENT: Charles Buehler and Plan Consultant Russell Knetzger MINUTES: Alderman Lentini requested that his vote against the proposed amendment to the Subdivision Control Ordinance be recorded thus amending the minutes of the previous meeting of February 20, 1968, on Page 3, mder that portion entitled with Alderman Lentini casting the only dissenting vote." "Amendment - Subdivision Control Ordinance" to read 'I.. . . . and the motion carried that the Conference of Planning Commissioners is to be held in Racine, Wis., and not the Universiwof Wisconsin-Milwaukee as indicated in the minutes. corrected. Mr. Raimann corrected the minutes on Page 3 under'Communicationd'to indicate The minutes of the previous meeting, February 20, 1968, were approved as "_"""" PERSONAL APPEARANCES CLARENCE BAA2 - Mr. & Mrs. Baas, S67 w17236 Martin Drive, appeared seeking procedure to extend the Kirkwood Manor Subdivision which is located in the SE& of Section k. The Commission reviewed a preliminary plat of the entire sub- division which had been prepared by Surveyor Lloyd Dancey in 1956. It was noted by the Commission that a portion of this area will be sewered thus the lot size RS-3 District with an OED Overlay. The Commission actvised the Basses to have required will be 75' frontage in accordance with the district regulations for this their surveyor prepare a possible layout of this area and suggested that the Wa- kesha County Park and Plan Corn. might give themsomeassistance in platting the layout. HAROLD DE BACK - Mr. DeBack, Wl98 Sl0856 Racine Ave., appeared relative to the Commission's action on the certified survey map which had been prepared by Waukesha Land Surveys March 4, 1968, for a two parcel division of the DeBack property in Sec. 29. from Mr. DeBack to have a soil boring taken on Parcel A and percolation tests on Parcel B, results not as yet received. to the City Engineer for review and recommendation. Building Inspector Lee advised that he had requested and received authority In accordance with regular procedure, the certified survey map was referred MUSKEG0 NURSING HOME - Mr. Harold Swanto appeared and submitted a plat of survey of the Muskego Nursing home property, S77 Wl8690 Janesville Rd.. which had been prepared by Hoffmann, Polzin &Assoc., Feb. 27, 1968, in accordance with the Commission's request because of a lot line discrepency and before consideration to the nursing home. Mr. Swanto also submitted a layman's sketch of the proposed could be given to his request for expansion of conditional use for an addition addition to the east end of the building. " "" __ .. " " . "2" -~ - .i :-. LCS - . -. ,- .. Page 2- Plan Commission March 4, 1968 There was considerable discussion of the affect this proposed addition would have on the appearance of this building and it was the Commission's opinion that a plan should be submitted which would indicate how the building will look when completely finished in accordance with Mr. Swanto's long range plans. There was also discussion of the placement of the sanitary cans on the Highway 24 side of the building and Mr. Swanto pointed out that this is the rear of the building. appearance of the biMkg-&e~ wmpleti-f long range plans./Mr. Bertram ,a ,/ '/, ,I A seconded the motion and the motion carried unanimously. Alderman Lentini mwed that Mr. Swanto submit an architectural sketch of the "" . 91A j. '/.I. GERALD FOHR - Mr. & Mrs. Gerald Fohr, Wl75 S7115 Lake Dr., appeared seeking of sewers. They submitted a plat of survey of this parcel which had been prepared by Ruekert & Mielke April 1, 1960. It appeared that the two lots to be created would conform with the zoning regulations for this RS-3 District with OED Overlay. be receptive to a certified survey map. Mr. DeAngelis seconded the motion and the motion carried.unanimous1y. approval to divide their property, Parcel No. 5, on Lake Dr. in view of the advent Mr. Chase moved to approve the sketch submitted and that the Commission will MEADOWDALE SUBDIVISION - A request from Gerald Fohr requesting that Lots 5 and 6. Block 1. Meadowdale Subd.. be declared lecal lots was referred to the Commission from the Common Council. Also a request from Irene Fchr that all remain- ing lokin the Meadowdale Subdivision be declared legal lots was referred to the Conunission from the Common Council. Mr. & Mrs. Les Fohr, Wl71 S7178 Lannon Dr., and Mr. & Mrs. Gerald Fob were present to discuss the request. The Commission reviewed the Meadowdale Subdivision plat taking into consideration the advent of sewers. During discussion it became apparent that there were several surface drainage problems in the area. Bertram seconded the motion and the motion carried unanimously. aqd review to determine necessary and possible storm drainage easement areas. Mr. Mr. Chase moved to refer Meadowdale Subdivision to the City Engineer for study been acre ERVIN POSBRIG - The Commission reviewed the certified survey map for this three land division of the Ervin Posbrig property in the SW& of Sec. 21 which had prepared by Waukesha Land Surveys Feb. 20, 1968. They also reviewed the percolation tests which were found to be satisfactory and the city engineer's report recommending approval. Lentini seconded the motion and the motion carried unanimously. Mr. DeAngelis moved to approve Ervin Posbrig's certified survey map. Ald. map which had been prepared by Waukesha Land Surveys Feb. 23, 1968, for a two parcel land division of the Myrtle Thode property in Sec. 26. It was noted by the Conunission that this certified survey map will replace the certified survey map recorded in December, 1967, because of a discrepency in the south lot line place- ment. seconded the motion and the motion carried unanimously. Alderman Lentini moved to approve the certified survey map. Mr. Bertram HERBERT THODE ESTATE - The Commission reviewed a revised certified survey March 4, 1968 Page 3 - Plan Commission TESS CORNERS FOOD MARKET - A request to attach an arrow sign to an existing Blatz Beer sign at the Tess Corners Food Market, ~56 Wlh544 Janesville Road, was reviewed by the Conunission. Mr. Chase moved to submit this sign request to Plan Consultant Russell Knetzger for recommendation. Mr. Raimann seconded the motion and the motion carried unanimously. of an alley between Lots 9 and 10 in Point Denoon Subdivisio n. the following recom- PETITION TO VACATE ALLEX - As regards the petition requesting discontinuance mendation dated February 27, 1968, from Plan Consultant Russeli Knetzger was reviewed by the Commission: "Gentlemen: 10 bocated on either side of an alley) to vacate said alley was referred to our office for review and recommendation. previous legal opinions on this area by the City Attorney and withheld our report By the time of your February 20th meeting we had learned of the existence of until we had studied these opinions, which we have now doPC. These opinions show that before the changes in the Wisconsin Statutes in both probably private. Since that time, and especially after 1961 when Tom of 1957, the road leading to the alley from Tichigan Drive, and the alley itself, were Muskego maintenance crews began to care for the road, these right-of-ways are to be considered public responsibility. The only disclaimer which the City can make in accepting the maintenance of these ways is if the route has been entirely aban- (Wis. Stats. 80.32 (2)). to it is quite undersized, hamg a right-of-way of .only about 30 feet compared to the City's minimum of 50 feet. This street has no provision for a turn-around this alley. for maintenance or fire equipment, other than whatever turn-around is provided by out access to either the alley or the street. This property, reportedly owned by an "Old Timer's Clubtt as a picnic grounds, may have easements to the alley which the City should know about before vacating the alley. A check of the assessment roll did not settle this point because the club parcel could not be located in the rolls. Generally, a narrow right-of-way leading to a lake is more of a nuisance than a benefit. If lake access is the desired goal, proper parks should be designed park development. and provided. Lake Denoon has substantial undeveloped shoreline which can be devoted to conditions would be met: - At your meeting of February 6, 1968, the petition of the owners of lots 9 and doned as a route of travel, and if no highway funds have been expended for 5 years. In reviewing the status of the subject alley, we noted that the street leading We also noted that another parcel of property, to the east of lot 10, is with- We would recommend the City consider vacation of some of the alley only if these 1. 2. alley. 3. some of around. Resolve the access question to the Old Timer's property. Consider vacation of some of the street south of Lot 10 as well as the subject Require a trade of lands from lots 9, 10, and 4, in return for vacation of the present alley and street, to achieve a useable cul-de-sac or tfT1t turn- Determine if the lots fronting on Tichigan Road have a vested right in lake "" .. Page 4 - plan Commission March 4, 1968 access via this alley and street which predates the 1957 State Statute which made these right-of-ways public. If they do, consider requiring lake access easements from the lots receiving the vacated lands to the non-lake lots. The City Attorney should evaluate prohibits such easements. If he determines such easements cannot be given, then either this suggestion against Section 9.04 (7) D of the zoning ordinance which normally the alley or the street should continue to extend to the lake. NELSON & ASSOC . , INC . " RespectMly submitted, After review of the Lake Denoon Flat and Point Denoon Subdivision Plat and this request be denied, however, that the City will consider negotiating with the considerable discussion, Mr. Raimm moved to recommend to the Common Council that owners of Lots 9 and 10 as to the possibility of creating a larger public area at the east end of the 2s' lane. Mr. Bertram seconded the motion and the motion carried unanimously. BEIERLE-MILLARD - Mr. Dave Beierle and Mrs. Lorrete Millard appeared in regard to a request for a 4 parcel division of Mrs. Millard's land in the & of Sec. 16 from Plan Consultant Knetzger: and the Commission reviewed the following recommendation dated February 27, 1968, "Gentlemen: The above matter was referred to us for stua at your meeting of February 6, 1968, Our review noted a conflict between this land division and the proposed relocation of C.T.H. "Y", with the City's plan for a parkway road at this point. We were not able to schedule a meeting with the staff of the State, who normally acts as technical advisers to the County Highway Department, before your last regular meeting, February 20th, thus the delay in rendering this report. lots to have access directly on a major highww such as C.T.H. "Y" is / policy of the City's General Plan for transportation, and the Commission in previous against the proposed divisions has abided by this policy where feasible; (2) Lots "Bt' and ttCt' located principally north of the drainage creek, as well as the northwest corner of Lot "A", lie in the path of a proposed parkway road which is to run along the north side of this creek -- preliminary plat to continue this road west of C.T.H. "Y" has branching new "Y" off of old "Y" places this intersection too close to the point of alreaQ been submitted by a subdivider; (3) The County's intersection design for intersection with the proposed parkway road -- this would have been discovered as part of our land use study along the new "Y"; (h) The City has assessed lots B and C for sewer frontage and laterals, even though creation of these two lots would be in conflict with the parkway road, and with the platting principal of no direct access to major arteries. proposed division for the reasons stated. The first two issues can be resolved by the Plan Commission by simply rejecting the The third issue has been resolved by the State staff's willingness to recommend away from its conflict with the parkway road. a different blending treatment of old and new ItY", which will move the intersection to pay for the sewer assessment, can only be resolved if the City will relent in its assessment of road frontage which is not directly subdividable. There are four essential issues involved in this proposed division: (1) platting The fourth issue, however, which precipitated the land division in the first place March L, 1960 Page 5 - Plan Commission This kind of conflict between sewer assessment policy and the subdividing of land will be with the City until its development of sewered areas is complete. A permanent relationship should be established between the Plan Commission, as the approving authority for subdividing, and the Public Works and engineering functions of the City, to make sure sewer assessments do not work against souM land subdividing practice and the City General Plan. In this case, where two lots are proposed north of the drainage creek, our stum indicates one lot couldbe created, fronting on the parkway. Based on the foregoing, we recommend rejection of the proposed land division as presented, for the reasons cited above, according to Section IV A. I. E. (1) of the Subdivision Control Ordinance. NELSON & ASSOC., INC .'I Respectfully submitted, Mr. Beierle advised the Commission that Mrs. Millard did have an access :for Demshar of the State Highway Dept. had indicated to him that the parkway road and Parcel A and one access to be used jointly for Parcels B & C. He advised that Mr. intersections'would not affect the Millard property and presented a sketch of the proposed location of the new Racine Ave., the parkway and intersections. that he can consult further with the State Highway Commission in regard to this matter. SEWER-ZONING COORDINATION - Mayor Gottfried advised that Planner Knetzger will have It was the Commission's decision to refer this back to PlaMer Knetzger in order @ an estimate as to the cost of the sewer-zoning coordination at the next meeting. ADJOURNMENT - Mr. Bertram moved for adjournment, Mr. Chase seconded the motion and the meeting adjourned at 1O:ss P. M. Respect~lly submitted, Barbara J. Sands Recording Secretary b js 3-8-60