PCM19700721CITY PIAN COMMISSION
CITY OF MUSKEGO
MINVTES OF MEETING HELD JULY 21, 1970
CITY HALL
Mayor Gottfried called the meeting to order at 8:15 P. M.
PRESENT: Mayor Jerome Gottfried, Chairman, Charles Buehler,
Secretary, Alvin Basse, Willard Bertram, Ald. Robert Burger-
Consultant Joseph Mangiamele and Zoning Officer Lee were also
meister, Ald. Charles Foldy and Edward Raimann. Planning
present.
MINVTES: The minutes of the previous meeting of July 7,
970, were approved as mailed. """"_ PERSONAL APPEARANCg
DAVID BEIERLE - Mr. Beierle, representative of Southwest
Suburban Realty, appeared seeking approval of a free standing,
Realty to be attached to a lamp post at his new place of
6' high, 5.5 sq. ft. sign advertising Southwest Suburban
business, W180 57695 Pioneer Drive. He advised the Commission
Janesville Road and that there is approximately 8' to 10'
that the sign is existing at his present office location on
between the building and the sidewalk where the sign is
proposed to be located.
17" x 14'. illuminated sign for the facade of the building in
It was noted by the Commission that they did approve a
June, 1970. Zoning Officer Lee reported that the ordinance
permits one free standing sign in addition to the facade sign.
Mr. Raimann seconded the motion and the motion carried.
Mr. Buehler moved to approve this sign request as submitted.
HAROLD DE BACK - Mr. DeBack, W198 S10856 Racine Avenue,
appeared seeking approval of a 3 acre division of his property in the SWg, Section 21, (former Malia farm). The Commission
reviewed the sketch submitted and noted that a 7 acre division
of this particular property had been approved in May, 1969, and
Agriculture District - 3 acres with 300' average lot width. It that this proposed division meets the requirements for this
was taken into consideration that there will be approximately
ment and it was the Commission's decision that a layout for
350-400' remaining frontage along Parker Road for future develop-
such future development will not be necessary at this time but
that it will be required when another division is contemplated.
this area can support a septic system, however, that it will be
necessary to have percolation and soil boring results submitted.
the Commission will be receptive to a preliminary plat and
Ald. Burgermeister moved to approve this sketch and that
certified survey map. Ald. Foldy seconded the motion and the
motion carried.
Zoning Officer Lee reported that the soil maps indicate that
Page 2 - Plan Commission
July 21, 1970
ADRIAN MANEY - Mr. Maney, W207 S8916 Hillendale Drive,
appeared seeking a proval of a wild life and game pond on his
property in the NE ! of Section 19. He advised the Commission
that the pond area is approximately 3 acres in size, that there
with the water level at 795', that the proposed pond will be
is a dike proposed which will be at an elevation of 797.5'
will be 15' at dike center, that the water will flow over the
40 rods away from any other property line, that the water depth
dike, that the pond is being created in the middle of the existing
creek and will be spring fed, that he has approval from the
Conservation Department and that that department is aiding in the
construction of the pond, and that this pond will be for private
use and will be stocked with bass.
of the area. Dr. Mangiamele advised that he cannot foresee any
The Commission reviewed the topography map and aerial views
problems.
and game pond as proposed subject to the condition that written
approval from the Conservation Dept. be submitted. Mr. Buehler
seconded the motion and the motion carried.
Mr. Raimann moved to approve this request for a wild life
CUNNINGHAM - SCHAEFER - Developers David Cunningham, Ace
Bernstein and Architect Charles Luedtke appeared to present
their proposal for a planned development apartment complex,
Lakeland West, proposed for 13 acres of the George Schaefer
property now under consideration for rezoning to RSM with OPD
Overlay, this property located in the SE% of Section 8.
pointing out that they do have 200' frontage on Racine Avenue
(this being a requirement of their financial backers), that
there will be 108 units in the development - 24 one bedroom, 24
two bedroom and 60 three bedroom, that parking area is planned
for 162 cars or 1.5 car per dwelling unit, that the apartments
will surround a central recreation center, that the perimeter
of the project will be screened with plantings, that the complex
is so designed that traffic through the project is eliminated.
area expressing concern as to service to the apartments by
emergency vehicles. Dr. Mangiamele presented a road study
indicating extended traffic circulation across the Scholbe and
Schaefer properties.
Attorney Bernstein advised that they cannot afford to
consider road dedication other than that shown on the proposed
plan at this time, however, it was determined that perhaps a
service type road might be provided for the emergency vehicles.
It was the Commission's opinion that the fire chief review the
plans.
In answer to the Commissioner's questions, Attorney
Bernstein advised that the bedroom ratio. cannot be changed,
that rents will be approximately $150 for the one bedroom,
apartments, that the one bedroom unit size will be 650 sq. ft., $175 for the. two bedroom, and $200$ for the three bedroom
the two bedroom 784 sq. ft. and the three bedroom 1091 to 1191
Schaefer's wishes the centerline of the proposed road Berving
sq. ft. excluding storage space, that in accordance with Mr.
Architect Luedtke reviewed the proposal for the Commission
The Commission discussed the traffic pattern serving the
Page 3 - Plan Commission
July 21, 1970
e the project will be also the property division line.
' to the Common Council until after the public hearing and that the
developers be requested to submit information as requested in
Section 6.02 of the Zoning Ordinance including estimated impact
on the schools in the area, a cost analysis of the proposed
project, the estimated rentals and assurance that money for the
project is available.
It was the Commission's decision to withhold recommendation
OTHER BUSINESS ""-"
JACK GLOCKNER ti JOAN KOHNE JUNK LICENSES - It was the
Commission's decision to refer Mr. Glockner's and Mrs. KOhne's
requests for junk licenses to Zoning Officer Lee and Planning
Consultant Mangiamele for report and recommendation at the
next meeting. These requests had been referred to the Plan
Commission by the Finance Committee.
and -nd-floodplain area adjacent to Bass Bay on
his property at W165 S8108 Kurtze Lane, the following communication
dated June 11, 1970, ftom Southeastern Wisconsin Regional Planning
Commission was reviewed:
"Dear Mrs. Sands:
1970, in which you inquire as to what jurisdiction or recommenda-
This is to acknowledge receipt of your letter of June 4,
cation to the City of Muskego Plan Commission by a Mr. Walter
tion the Regional Planning Commission may have concerning an appli-
Chmiel requesting permission to fill a portion of his lot
located in the Northwest 1/4 of Section 15, Town 5 North, Range
20 East, City of Muskego, and fronting on Bass Bay.
an advisory planning agency, has no jurisdiction whatever in
this matter in so far as any approval or disapproval of the
however, offered by the staff of the Commission for your consider-
request might be concerned. The following recommendations are,
ation in this matter:
Based upon a review of thelydraulic and hydrologic data
field inspection of the property in question, the Commission
collected to date by the Regional Planning Commission and a
staff can see no valid objection to allowing Mr. Chmiel to
fill his already fully developed lot, located at W165 S8108
Kurtze Lane, provided that any new fill is not allowed to
encroach beyond the present normal high water line of Bass Bay
washing of the newly placed fill into the Bay.
and provided appropriate measures are taken to prevent any
difference in elevation between the 100 year recurrence interval
recurrence interval floodplain surrounding Bass Bay, the
flood elevation and the present lot grade is only about ten
inches; so that in this particular instance, involving a small,
would be lost by the proposed fill.
fully developed lot no significant amount of floodwater storage
WALTER CHMIEL - As concerns Mr. Chmiel's request to excavate
Please be advised that the Regional Planning Commission, as
Although the proposed fill would encroach on the 100 year
Page 4 - Plan Commission
July 21, 1970
however, to make it clear that any approval of this particular
fill is not tG be considered as a precedent for the approval of
other proposed fill operations in the floodplains of Bass Bay
or Big Muskego Lake, and we would further respectfully recommend
proposed fills, which would only allow such fills to be made on that the City Plan Commission establish a policy with respect to
existing and developed lots and then only to the outer limits of
the 10 year recurrence interval flood hazard line. Moreover,
such fill operations should be required to be conducted in
accordance with good soil and water conservation practices
which would control any washing of soil into the lake. Implemen-
tation of such a policy would ensure that no new flood damage
areas are created around the lake, that downstream flood problems
are not intensified, and that siltation of the lake is not
increased.
a watershed caused by land filling and the construction of urban
Reductions in the storage potential of the floodplains of
will inevitably increase peak flood flows downstream. It is
structures on a piecemeal basis will have cumulative effects which
important, therefore, for the local units of government to
intelligently exercise floodplain land use controls and prevent
future urban development in floodplains. Although the effects of
a single encroachment on downstream floodwater elevations will
normally be small, the cumulative effect of a series of such land
fills, especially in the important headwater areas of a watershed,
can be most significant.
City Plan Commission in its deliberations in the matter. If
we can be of any further assistance, please do not hesitate to
call upon us.
We would respectfully caution the City Plan Commission,
We hope that the foregoing comments will be helpful to the
Sincerely,
/s/ K. W. Bauer"
It was noted by the Commission that the Dept. of Natural
Resources had not replied to the Commission's request for
recommendation.
After discussion and review of the area in questioh on
aerial maps, Mr. Buehler moved to approve Walter Chmiel's request in accordance with recommendation from SEWRPC. Ald. Foldy
seconded the motion and the motion carried.
RAYMOND WALLNER - The Commission reviewed certified survey
Drive on the former Emery Miller property in the NE%, Section
maps submitted by Mr. Wallner.for five 3 acre parcels on Parker
29, noting that preliminary plat approval for these lots had been
granted November 4, 1969.
The Recording Secretary advised that Consulting Engineer
Ruekert had recommended approval of the certified survey map,
however, indicated that: "In the survey of 3 lots in the 8th
line of the description - S85°001 W should be changed to S35°001 W
to correct. We call your attention to a small part of this land
is in wetland-floodplain zoning involving a drainage ditch as
be placed on these lots involved in surface drainage prior to
shown on the preliminary. We recommend that a deed restriction
recording."
Page 5 - Plan Commission
July 21, 1970
Zoning Officer Lee reported that the soil maps indicate that
the area could support a septic system, therefore percolation
tests and soil borings must be submitted.
Ald. Burgermeister moved to approve the certified survey
maps for these five lots subject to the conditions that the
legal description be corrected on the three parcel survey, that
a 40' drainage easement on Parcel B of the two parcel survey and
the parcels be renumbered for clearer definition, that there be
that percolation tests and soil borings be submitted. Mr.
Bertram seconded the motion and the motion carried.
JOHN STRASSER - A public hearing was held just prior to
P. Strasser for expansion of Conditional Use Grant #15 for the
this Plan Commission meeting to consider the petition of John
purpose of constructing a 40' x 80' building for storage, truck
parking and possibly for office space in the future.
indicated that it is their intention to eventually remove the
two family residence on the property and to eventually asphalt
the drive.
the petitioner an opportunity to consider time limits necessary
for asphalting and tearing down the building. The motion lost
for lack of a second.
Ala Burgermeister moved to approve this expansion of
asphalted within two years and that the existing two family
conditional use subject to the condition that the driveway be
building be torn down within three years. Mr. Bertram seconded
the motion and the motion carried.
ZONING OPFICER'S REPORTS
After considerable discussion during which time Mr. Strasser
Ald. Foldy moved to defer action on this request to give
""""""
ZONING ORDINANCE AMENDMENT (ACCESSORY BUILDINGS) - At the
previous meeting, the Commission deferred action on a proposed
amendment to Sec. 8.01 (7) B. 2. in order for Zoning 0ffi.cer
Lee to clarify "10% of the lot area" and Iftotal floor areas". Mr. Lee advised that "total floor areas" should read I1floor
area" and that the "10% of the lot area" should be instead
"1% of the lot area".
Sec. 8.01 (7) B. 2. be repealed and recreated as follows:
400,000 sq. ft. stables, barns, poultry houses, sheds and other
"2. On lots of at least 120,000 sq. ft. and up to and including
similar structures are permitted provided that the floor area
shall not exceed 1% of the lot area and buildings housing domestic
livestock or poultry shall not be closer than 50' to the lot
line ."
Ald. Burgermeister seconded the motion and the motion carried.
Ald. Foldy moved to recommend to the Common Council that
Page 6 - Plan Commission
July 21, 1970
"""""""_ PUNNING CONSULTANT'S REPORTS
MUSKEGO LAKES COUNTRY CLUB - At the previous Plan Commission
meetinn Dr. Manniamele had submitted conditions recommended for
Muskeg; Lakes CGuntry Club for the Commission to review prior to
this meeting.
as the conditional use was granted December 3, 1968, however,
There was some question if conditions would be applicable
the Recording Secretary read the following resolution which had
been adopted by the Commission July 19, 1966:
"Whereas, the Planning Commission has decided that it is
in the best interest of the City of Muskego to record with the
Register of Deeds for Waukesha County all Conditional Use Grants
hereafter granted by the Planning Commission;
Use, granted after this date, shall not becomedfective or be
Therefore, be it resolved, that a Grant of a Conditional
valid until an Official Record of Approval has been filed
with the Register of Deeds for Waukesha County on forms to be
furnished by the Planning Commission of the City of Muskego;
Be it further resolved that the cost of recording said
Official Record of Approval shall be borne by and be at the
expense of the petitioner applying for said Conditional Use
Grant.
This resolution passed this 19th day of July, 1966, by
a unanimous vote."
Frank Pancratz, president of Bristol Oaks Corp., for his
comments. Ald. Burgermeister seconded the motion and the motion
carried.
Mr. Buehler moved to refer the proposed conditions to Mr.
CHAIRMAN'S REPORTS "-"""
LINDNER SEPTIC WORKS - Mayor Gottfried referred this legal
non-conforming use to Planning Consultant Mangiamele for
review prior to the next Plan Commission meeting.
""" AD JOURNMEW
seconded the motion and the motion carried.
Mr. Basse moved for adjournment at 10:18 P. M. Mr. Bertram
Respectfully submitted, L5zL"
Barbara J. Sands
Recording Secretary
b js
7-24-70