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PCM19710105CITY PIAN COMMISSION CITY OF MUSKEG0 MINVTES OF MEETING HEID JANUARY 5, 1971 CITY HALL Mayor Gottfried called the meeting to order at 8:06 P. M. PRESEMT: Mayor Jerome Gottfried, Chairman, Charles Buehler, Secretary, Alvin Basse, Ald. Robert Burgermeister, Ald. Charles Foldy and Edward Raimann. Planning Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were also present. ABSEMT: Willard Bertram MINVTES: The minutes of the previous meeting of January 5, 1971, were approved as mailed. """"" PERSONAL APPEARANCES approval to create three lots from Lots 3 ti 4, Block 24, Jewel Crest Subdivision (Jeff Buck Property) which Mr. Blatter of Wimmer-Blatter Realty intends to purchase. The Commission reviewed Engineering December 28, 1970. It was noted that this property a preliminary plat which had been prepared by Inman Surveying and is located in an RS-3 OED District, that requirement for lot size is 75' average width and 11,250 sq. ft. minimum area, and that the lots as proposed will meet these requirements. Mr. Blatter advised the Commission that there is an existing condemned cottage on one of the lots which will be razed and replaced with a new dwelling when approval is granted. bounded by Gold Drive, the creek and Lot 4 of the proposed division, which is of less size than required by the district. The Commission questioned if this lot could be combined with the proposed new lots and Mr. Blatter advised that there is presently a legal of this lot cannot be considered at this time. question concerning the ownership of the lot and that inclusion and widening of Gold Drive and reconstruction of the bridge might affect this property and it was their decision that this be referred to the city's consulting engineers, Ruekert & Mielke, for review and recommendation. next meeting. Mr. Basse seconded the motion and the motion carried. Mr. Raimann moved to defer act%6n-mm;this request until the WALTER BIATTER - Mr. Blatter, realtor, appeared seeking e There was considerable discussion of a triangular lot (Lot 5) The Commission expressed concern at how the possible relocation JESSE MEIER - Mr. Meier appeared seeking approval of a barber Commission reviewed the exhibits submitted noting that the pole pole to advertise his barber shop, W179 S7702 Pioneer Drive. The will be approximately 10' high and will be located approximately 4' from the public sidewalk. In answer to their questions, Mr. will revolve and there will be a flashing bulb on top. Meier advised that the sign will be free standing, that a portion motion carried. as submitted. Ald. Burgermeister seconded the motion and the e Mr. Raimann moved to approve this request for a barber pole hearj Page 2 - Plan Commission January 5, 1971 C ing was held to consider the petition of Charles Kannard MOOSE WJXE - Just prior to this regular meeting, a publi for a Zonditional use grant for the purpose of the construction of a private lodge or club by the Muskego Moose Lodge including private non-commercial group outdoor recreational facilities, same proposed for Parcel 3 indicated on a certified survey map for the division of 15.5 acres into three parcels of the Alma Baas property on Mystic Drive. Mayor Gottfried advised the Commission that a certified survey map had been prepared for the division of this property by Inman Sureying 81 Engineering, however, by the city's consulting engineers, Ruekert & Mielke. it had been returned for some revisions whichhd been recommended Mr. Basse seconded the motion and the motion carried. request until the corrected certified survey map has been received. As concerns the conditional use grant, the Commission took because the construction of the clubhouse is not contemplated into consideration that specific details would not be available for at least five years, however, it was the Commission's decision to request in writing some indication as to the size and appearance of the proposed building, its placement on the land, the recreational activities being considered and approximate hours of operation. Mr. Buehler moved to defer action on this request until this information is available to the Commission. Ald. Foldy seconded the motion and the motion carried. Ald. Burgermeister moved to defer action on the land division a sion deferred action on Mr. Roger Schiltz's petition for expansion KURLY'S TAP - At the last Plan Commission meeting the Commis- of Conditional Use Grant #48 which would permit construction of additional area on the first floor of his tavern, S191 W7690 Racine Avenue, to give the Commissioner's an opportunity to make an on-site inspection of the property. as indicated by the sketch of the floor plan submitted at the previous meeting, however, the Commission would like a more detailed plan for architectural review prior to their granting final approval. Ald. Burgermeister seconded the motion and the motion carried. Mr. Buehler moved that the Commission is receptive to expansion Baas, New Berlin, for determination of status of an existing lot on Gaulke Drive which he is purchasing from Roman Rynders. It was noted by the Commission that the lot in question is more than adequate in minimum area however the lot is approximately 110' 100' in average width and requirement for this RS-2 District is After discussion, Ald. Burgermeister moved to recommend to the Common Council that legal status be granted to this lot subject to the condition that 25' be dedicated along Gaulke Drive for road purposes. Ald. Foldy seconded the motion and the motion carried. ROBERT BAAS - The Commission reviewed a request from Mr. Page 3 - Plan Commission January 5, 1971 WISCONSIN TELEPHONE COMPANY - The Commission reviewed a request from the telephone company to install a telephone booth in the parking lot of the Muskego Big Three Restaurant, S75 W17510 Janes- ville Road. Raimann seconded the motion and the motion carried. Mr. Buehler moved to approve the request as submitted. Mr. PAFUCLAND NO. 1 - The Commission reviewed a request from the developers of Parkland Plaza for approval of two signs - one 8' x 8' advertising "Now Leasing - For Information Call 476-8400" and one 8' x 4' advertising "Improved Lots - Schroeder Bros. Corp. 476-8400" to be located north of Janesville Road and west of the new Parkland Drive. It was noted by the Commission that these signs will be considered temporary and subject to review in one year. Ald. Foldy seconded the motion and the motion carried. Ald. Burgermeister moved to approve the request as submitted. ADELIA BLUHM PROPERTY - The Commission reviewed a certified survey map to divide one acre which includes the dwelling from the former Adelia Bluhm property on McShane Road in Section 12. The City has recently purchased the entire farm and in accordance with the city's desire to sell the one acre with dwelling, Mayor Gottfried advised that originally the certified survey map had been prepared in accordance with the Plan Commission's recommendation that the lot have 220' on McShane Drive and 200' in depth in order that it could be divided in the event the area would be rezoned from its present industrial status. However, when the certified and a row of trees which had been included in the description survey map was prepared it did not include a portion of the driveway when the property was offered for sale. It was noted by the Commission that now although the acre includes the driveway and not lend itself to the future division of the acre. trees, the location of the dwelling in the center of the lot does review the certified survey map prior to final action and Ald. the property, Mr. Robert Weiher, be so advised and requested to Burgermeister moved to defer action on this division until the next meeting. Mr. Basse seconded the motion and the motion carried. It was the decision of the Commission that the purchaser of """_ COMMUNICATIONS VARIANCE REQUESTS - The following communication directed to the hfayor & Common Council. dated December 17. 1970. was read by the Recording Secretary: "Gentlemen: for lot variances under Section 18.30 of the Municipal Code. The The Council has received and will be receiving in the future many question has been raised as to whether this may be properly done. requests to determine lot status because of the installation of sewers, and there will be many requests to divide lots into smaller areas than required by the zoning ordinance. The Common Council has recently been passing upon applications Page 4 - Plan Commission January 5, 1971 authority to grant variance requests under Section 18.30 if the It is my opinion that the Common Council does not have the reqiPest also involves a zoning matter. Section 62.23 (7) of the Statutes is the enabling statute by which cities are authorized Appeal must be created if a zoning ordinance is established. The to establish zoning ordinances. Under this statute a Board of Board of Appeals then has certain powers which are enumerated in the statute and which are duplicated in Section 3.08 D. One of the powers given to the Board of Appeals is as follows: To authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in practical difficulty or unnecessary hardship, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done." Section 18.30 which is in the Subdivision Control Ordinance states as follows: "Variances. When, in the judgment of the Common Council; after receiving the recommenda- tion of the Plan Commission, it would be in- appropriate to apply literally a provision of this chapter because extraordinary hardship would visions so that substantial justice may be result, it may waive or vary such pro- done and the public interest secured,.provided in no event shall the requirement of filing and recording the plat or survey be waived." This section 18.30 allows the Common Council to grant variances only from the requirements imposed by Chapter 18. hardship in requiring compliance with any of the provisions For example, if the Council feels that there would be undue of Chapter 18, such as storm water drainage facilities, road paving, sidewalks, street lighting, street signs, etc., it may grant a variance or waive those requirements; but these are not zoning requirements and any request for a variance which would affect lot area, width, etc. should be submitted to the Board of Appeals under the zoning ordinance. Very truly yours, Ls/ John P. Buckley" Zoning Officer Lee pointed out that even though the Board be processed through the Plan Commission. of Appeals will act on the variance, the land division must still Page 5 - Plan Commission January 5, 1971 e PLANNING CONSULTAKT'S REPORTS """""""_ ZONING ORDINANCE AMENDMENT - RSM DISTRICT - Planner Mangiamele again reviewed and the Commission discussed a proposed amendment to Section 8.10 of the Zoning Ordinance which would provide encouragement to developers to petition for a planned development overlay in existing RSM districts. back to Planning Consultant Mangiamele to determine open space requirements. Zoning Officer Lee pointed out that there are no provisions family development or planned development projects in the event in the zoning ordinance to regulate the size of lots in multiple the complex would be divided for sale to individual owners. It was the Commission's decision to refer the amendment the zoning ordinance to define duplexes as well as to allow the DUPLEXES - Planner Mangiamele submitted proposals to amend RSA, RSM and B-1 Districts. It was the Commission's decision construction of duplexes .under a conditional use grant in the to study the proposal prior to their next meeting. - OTPD DISTRICT - The Commission reviewed and discussed a proposal submitted by Planner Mangiamele to amend the zoning ordinance with the addition of a r?ew overlay district - Transitional defer action on this proposal until their next meeting. Planned Development District. It was the Commission'sd'edsion to e TESS CORNERS NEIGHBORHOOD PROPOSAL - Planning Consultant Manaiamele presented and the Commission discussed a studv in detailed neighborhood planning for the Tess Corners area. as well Green Belt District. as a proposal to amend the zoning ordinance to provide for a AD JOURNMEKT """ Mr. Basse seconded the motion and the motion carried. Ald. Burgermeister moved for adjournment at 10:55 P. M., Q4-p- Respectfully submitted, Barbara J. Sands Recording Secretary b js 1-11-71