PCM19700602CITY PIAN COMMISSION.
CITY OF MUSKEW
MINUl'ES OF "JXNG HELD JUNE 2, 1970
CITY HALL
Mayor Gottfried called the meeting to order at 7:59 P. M.
PRESENT: Mayor Jerome Gottfried, Chairman, Alvin Basse, Willard
Raimann and City Engineer Joeeph Kelsenberg. Planning Consultant
Bertram, Ald. Robert Burgermeister, Ald. Charles Foldy, Edward
Joseph Mangiamele and Zoning Officer Gerald P. Lee were also
present. Charles Buehler, Secretary, arrived at 8:40 P. M. and
City Engineer Kelsenberg excused himself from the meeting at 9:45
P. M.
MINVTES: The minutes of the previous meeting of May 19, 1970, were
approved as mailed.
PERSONAL APPEARANCES """""
DAVID BBIERLB - Mr. Beierle, representative of Southwest
Suburban Realty, appeared seeking approval to place a 17" x 14'.
illuminated sign, on the facade of the office building at W180 S7695
Pioneer Drive. He advised that the illumination will be by 2
outdoor, 150 watt, spot lights directed at the sign. He also
advised the Commission that the wording of the sign has not as yet
building rather that the real estate name as there will be other
been determined, but will probably indicate the name of the office
business located in the building.
with sign regulations for this B-3 District.
Mr. Basse seconded the motion and the motion carried.
Zoning Officer Lee reported that the sign is in compliance
Mr. Raimann moved to approve this sign request as submitted.
WALTER CHMIEL - Mr. Chmiel, W165 S8108 Kurtze Lane, appeared
wetland-floodplain area in order that a lawn can be maintained.
reqlesting permission to remove the top soil and fill a 200'
He advised that his property, consisting of two lots, is 336' in
his intention to raise the grade approximately 24" on 200' of
length, that riparian rights extend an additional 249'. that it is
the riparian land, that he is removing the top soil and intends to
replace it When the area is filled, that he would like any excess
material for filling if available from the city, that he will be
willing to place drainage ditches on each side of the lots for sur-
face drainage if necessary, and that neighboring properties are
higher than his.
Kelsenberg moved to defer action on this request until the Dept.
of Natural Resources and Southeastern Wis. Regional Planning Comm.
Ald. Burgermeister seconded the motion and the motion carried.
can be contacted to determine their jurisdiction and recommendation.
After disc'ussion and review by the Commission: City Engineer
Page 2 - Plan Commission
June 2, 1970
MELVIN SCHAMPERS - Mr. Schampers, representative of the
Alma Baas property. and Joe Dunlap.-I!tanklin. aupeared requesting
approval to divide.a one acre parcel from the &as property
on Mystic Drive in the NWk, Sec. 14. It was noted by the Commis-
sion that a 1.00 acre division of this property had been approved
in February, 1969, that a proposed layout of the entire property
had been accepted at that time but that the area between the
in average width for this next division in accordance with require-
southerly property line and the approved division was not adequate
ments for this RS-2 District. It was noted by the Commission
that the lot in question has 190' average lot width and that 220'
would be required to double the lot size until sewers are available.
might not be adequate for a building-permit on this lot because of
the closely located wetland-floodplain area.
request and to advise the parties concerned that the Commission
suggests that perhaps the nec'essary 30' can be purchased from the
adjacent property owner, William Meinke, to give this parcel the
legally required width or that perhaps a deed restriction might
be considered which will prevent division of the parcel in the
event sewer becomes available. Ald. Burgermeister seconded the
motion and the motion carried.
-
Zoning Officer Lee expressed concern that percolation tests
After discussion, Mr. Raimann moved to defer action on this
KENNETH ERDMANN - Mr. Erdmann, S75 W21675 Field Drive,
.. appeared seeking approval of a three acre division of his property
on Field Drive in the SW$, Sec. 7. Mr. Lawrence Cotton, who
intends to purchase the three acre parcel was also present.
which indicated the location of the gas and electric company
right-of-ways as requested by the Commission at their meeting May
5, 1970. Mr. Brdmann advised that Mr. Kowalski, adjacent property
owner, is now interested in purchasing the remaining 12 acres from
the Erdmanns.
After considerable discussion, Mr. Bertram moved that the
Erdmanns and their surveyor, Claude Johnson, be advised that the
dated 4-28-70 can be approved subject to the condition that the
original three acre division indicated on the preliminary plat
Commission is assured that the Erdmanns will be left with
sufficient land for future development. Mr. Raimann seconded
the motion and the motion carried.
to the gas and electric companies requesting the building restrictions
for constructiononanear their easements.
OTHER BUSINESS
A revised sketch was submitted and reviewed by the Commission
It was the Commission's decision to direct communications """_
WAUER GRAVEL - The Commission received a petition from Mrs.
Lydia Wauer requesting renewal of the extractive permit which
expires June 1, 1970, under Conditional Use Grant #20 (Section 18,
existing $30,000 restoration bond for Wauer Gravel which expires
1-1 District). It was noted by the Commission that there is an
October 27, 1970.
consider this request for 7:30 P. M., July 7, 1970. Mr. Bertram
seconded the motion and the motion carried.
Ald. Burgermeister moved to schedule a public hearing to
Page 3 - Plan Commission
June 2. 1970
of their extractgve permit which expires June 19, 1970, the
following recommendation from City Engineer Kelsenberg was read
by the Recording Secretary:
GRAVEL, INC. - As concerns Gravel, Inc's. request for renewal
of Gravel, Inc., amounts to 120,556 cubic yards at a price of 28C
er cubic yard for a total of $33,755.68, rounding it out to
34,000.00, required for the Restoration Bond to satisfactorily
'The total amount of cubic yardage required for restoration
!
complete it .''
The following communication directed to the Fidelity &
Officer Lee was read by the Recording Secretary:
Deposit Company of Maryland. dated May 22, 1970, from Zoning
"Dear Sirs:
questions have arisen:
In reviewing the bond dated January 22, 1968, the following
(1) Condition of bond to comply with terms of the permit.
What is the status of the bond when the permit expires? How long will the bond be in effect after permit expires?
What happens to this bond when premiums are not paid?
Does this bond cover restoration if the land is conveyed
to another owner?
(2) Condition of bond to restore site at termination of the
operation.
What length of time may elapse before the city may restore
May the city restore site one day after operation ceases?
Yours very truly,
/s/ Gerald P. Lee"
site and collect from bonding company?
Zoning Officer Lee advised that he has not as yet had a reply
must be clarified and that perhaps a representative from a bonding
to this communication. It was the Commission's opinion that bonds
company might be invited to appear before them to answer such
questions.
Ald. Foldy moved to defer action on this renewal request
until the bonding information is available. Mr. Raimann seconded
the motion and the motion carried.
STATE SAND 8 GRAVEL - A public hearing to consider Payne &
Dolan and State Sand & Gravel Company's reauest for renewal of their
extractive permit under Conditional Use Grant #37 which expires
July 2, 1970, was held just prior to this Plan Commission meeting.
subject to the continuation of their $60,000 bond.
Mr. Basse seconded the motion and the motion carried.
permit be renewed subject to continuation of their existing bond.
Mayor Gottfried declared recess at 9:45 P. M. and the meeting recon-
vened at 9:57 P. M.
City Engineer Kelsenberg recommended approval of the permit
Mr. Buehler moved to recommend to the Common Council that this
e
Page 4 - Plan Commission
June 2, 1970
Ald. Foldy moved to reconsider the recommendation on the
State Sand Br Gravel Company's extractive .permit. Mr. Bertram
seconded the motion and the motion carried.
the Common Council until bonding information is available. Ald.
Burgermeister seconded the motion and the motion carried.
Ald. Foldy moved to defer action on this recommendation to
FRAME - ABEL REZONING PETITIONS - The Commission noted that
the extension of time granted to them by the Common Council has
expired for their recommendation on the Leslie Abel rezoning
petition dated September 20, 1969, and on the Bryan Ardis Frame
rezoning petition dated December 5, 1968, and that the petitioners
have not submitted additional information necessary for their
recommendation.
Ald. Burgermeister moved to recommend denial of these two
petitions. Ald. Poldy seconded the motion and the motion carried. """_ COMMUNICATIONS -
ZONING ORDINANCE AMENDMENT - ACCESSORY. BUILDINGS - The
following .communication dated May 12, 1970
Commission from City Attorney Buckley was read by the Recording
, directed to the
Secretary:
"Gentlemen:
Ordinance be clarified and rewritten to provide a 1,000 square
feet limitation on accessory buildings.
The section of the ordinance involved is that which creates
for "estate" or "gentlemen's farms" type developments. The
the Country Estate district which is intended to provide in part
minimum area required on a principal use is 120,000 square feet.
Principal uses in addition to one family residences are also listed
as crop, dairy cattle and tree farming, with the keeping of livestock
as part of a principa1,agricultural use on farms of ten acre minimum.
Horticulture is a principal use, but restricts commercial
greenhouses to 1,000 square feet or less. The accessory use
provision in question again restricts greenhouses to "not in excess
of 1,000 square feet". Other accessory uses are stables, barns and
poultry houses.
such as stables, barns, poultry houses and greenhouses to 1,000
square feet or less, then it is entirely possible that a conflict
could arise in the administration of the ordinance. For example,
assuming a person has 30 acres zoned RCE, he may then have 30 head of
feet or less? Very likely not. Hence it seems consistent in
livestock. Can he put them in a barn or stable of 1,000 square
interpreting the present provisions of the ordinance that only green-
houses should not exceed 1,000 square feet. It might be possible,
however, to put a 1,000 square feet limitation in the accessory use
section and to provide that anything in excess of 1,000 square feet be
based upon a conditional use permit. However, here again you would
have the conflict between a farming operation as a principal permitted
use and a stable or a barn as a conditional use.
You have asked that Section 8.01 (7) B. 2. of the Zoning
If it is the intent of the Commission to restrict all buildings
Page 5 - Plan Commission
June 2, 1970
The Commission may wish to discuss this matter further before
I believe the Commission is aware that one reason this question
asking for any amendments to the ordinance.
has been brought up is the Patton situation. Mr. Patton has five
acres on which is located his home and a stable. He raises show
horses and at various times has a front end loader and a dump
truck on the premises. This has created a problem in the neighbor-
hood which this office is currently trying to correct.
Very truly yours,
/s/ John P. Buckley"
that Planning Consultant Mangiamele and Zoning Officer Lee review
this matter and make a recommendation to the Commission.
After considerable discussion, it was the Commission's decision
dated May 19. 1970 . directed to Mavor Gottfried from Citv Attornev
TRAILER PARKING RESTRICTIONS - The following communication
Buckley was read by the Recording Secretary:
"Dear Mayor:
Section 12.10 2. c. of the Municipal Code and Section 6.04 4. g.
of the zoning ordinance with respect to the parking of trailer re-
strictions contained therein. There does appear to be a conflict
in these parking restrictions.
in garages or rear yards so long as they are uninhabited. There is
to 17 feet long. The Chapter 12 provision allows parking of trailers
of Chapter 12, however, indicates that Chapter 12 was meant to be
no length restriction in Chapter 12. A review of the provisions
a licensing statute and it is designed to require the licensing of mo-
bile homes in mobile home parks. However, the off-street parking
provision of the Zoning Ordinance could raise some question as to
whether or not such parking is a permitted accessory use since no
where, except in this general off-street parking regulation, is the
parking of uninhabited trailers mentioned.
Case law on the subject is inconclusive and there are no
actual Wisconsin decisions covering the point. Before we change
the ordinance, I would suggest that we obtain the thinking of the
Plan Commission on whether they wish to allow the parking of
unoccupied trailers in rear yards, and whether the Commission feels
that the 17 foot restriction is a good one. I am suggesting this
because the parking of trailers, especially campers, etc. is
dated to show distinctions between mobile homes, camping trailers,
becoming rather common and perhaps the ordinance should be up-
etc.
Chapter 12 be eliminated and the provision in the Zoning Ordinance
Commission, then it would be my suggestion that the provision in
be allowed to stand.
~. ~ ~ ~~ -,
Pursuant to your referral of May 11, 1970, I have reviewed
The zoning provision allows off-street parking of trailers up
If you feel there is no need to refer the matter to the Plan
e Very truly yours,
/s/ John P. Buckley"
Mangiamele and Zoning Officer Lee review this matter and make
a recommendation to the Commission.
It was the Commission's decision that Planning Consultant
I.
Page 6 - Plan Commission
June 2, 1970
BRUCE WWCK REALTY CO., INC. - The following communication
dated May 11, 1970, directed to. the Common Council and referred
by them to the Plan Commission was read by the Recording Secretary:
"Gentlemen:
of the contiguous Lots 24 and 25 of the Plat of Kingston's on Mus-
keg0 Subdivision Number 2. The lots are located on Cook Drive,
Muskego, Wisconsin.
dwellings on these lots, and it is our opinion these lots should be
Two individual sanitary sewer laterals have been extended to each
considered individual dwelling sites for the following reasons.
separate lot. Both lots are level so that drainage would not
adversely affect either lot. Each separate lot has an area in excess
of 8400 sq. ft., and is serviced by city sewer. Lastly, had we
been the owner of a single lot in this area of similar dimensions
would have been issued for a building. We feel therefore, in that
prior to 1960, the Building Inspector's Office informs us a permit
we own two contiguous lots purchased after 1960, the existence of
present ordinance is prejudicial.
Your early attention to our request will be appreciated.
I would like to respectfully request a determination of status
It is the intent of the purchaser to erect two single family
Cordially, /s/ Bruce Pollock"
Zoning Officer Lee reviewed a communication dated April 29,
1968, from the former owner, Donald Conard, requesting that only
one lateral be installed for Lots 24 & 25 as only one home will be
constructed on the two lots. He advised that a check of the
city clerk's records indicate that the request was complied with
and only one lateral installed.
request and that Zoning Officer Lee be directed to submit
After discussion, Ald. Poldy moved to defer action on this
information at the next meeting as to the development and ownerships
of other lots in this subdivision. Ald. Burgermeister seconded
the motion and the motion carried.
PLANNING CONSULTANT'S REPORTS """""""_
SUBSTANDARD LOTS - Planning Consultant Mangiamele and the
Commission discussed substandard lots and guide lines which might
be established for granting a legal lot status to such lots when
requested.
COMPREHENSIVE PIAN UP-DATE - Planning Consultant Mangiamele
reviewed and elaborated on the following proposal for amending
9:
the zoning ordinance by the addition of the following to Section
9:09 OTPD - Transitional Planned Development District
an exclusive instrument of the Citv Plannine Commission of
Statement of Intent: This district is intended to be used as
Muskego in making recommendations~io the Muikego City Council for
the purpose of bringing existing districts and developments in
conformity with the up-dated comprehensive plan and the resulting
development patterns eminating from the plan.
.~ ~ "" ~~~ "
e
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Page 7 - Plan Commission
June 2, 1970
The district does not permit any uses not already permitted by
this ordinance nor does it permit increases in densities beyond
maximum densities permitted by the ordinance. All the regulations of
the Planned Development Overlay District and specific regulations
for parking and other uses and activities shall also apply where these
mited to parcels of specific size nor is it restricted to the under-
uses are designated within this district. This district is not li-
lying uses of the overlay. This district makes it possible for ex-
possible for a flexibility and variety of uses.
isting development to function as a conforming use while making it
Planning Commission with the assistance of its professional advisors.
The concept for development will be prepared by the City
After fulfilling proper procedures and public hearings as provided
Planned Development Overlay District shall be made to the Muskego
in the ordinance, the recommendations for the concept and Transitional
City Council.
ADJOURNMENT - Mr. Raimann moved for adjournment at 11:15 P. M. Hr, Eertram seconded the motion and the motion carried. "-
Respectfully submitted,
Barbara J. Sands
Recording Secretary
b js
6-9-70
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