PCM19710504CITY PLAN COMMISSION
CITY OF MUSKEGO
MINWES OF MEETING HELD MAY 4, 1971
CITY HALL
Alderman Robert Burgermeister called the meeting to order at 8:04
P. M. in the absence of Mayor Gottfried.
PRESENT: Clark Barry, Alvin Basse, Willard Bertram, Ald. Robert
Burgermeister, William Chase, Alderman Harold DeBack and Edward
Raimann. Planning Consultant Joseph Mangiamele and Zoning Officer
Gerald Lee were also present. Mayor Gottfried arrived at 8:32
P. M.
MINVTES: Ald. DeBack moved to approve the minutes of the previous
meeting of April 20, 1971, as mailed. Mr. Raimann seconded the
motion and the motion carried.
PERSONAL APPEARANCES """""
DONALD MILLER - Mr. Miller, S73 W16511 Janesville Road,
appeared and submitted a detailed site plan which had been
requested by the Commission at their previous meeting for property
on Janesville Road between Milwaukee Picture Tube and Sieger Olds,
Inc., on which a conditional use has been granted to permit
construction of a building to be used for retail store, warehouse
April 28, 1971, included the north elevation of the proposed
and office space. The site plan prepared by R. H. Sommer, Inc.,
building! proposed screening and designation of parking spaces.
spaces based on the anticipated parking demand for this use is
adequate, that there also will be sufficient parking area remaining in the event Janesville Road would be improved. He also advised
that there will be a change in the building plans which had been
submitted at the previous meeting by the addition of a one hour,
fire rated exit at the rear of the building in accordance with
requirements.
and screening and if more detailed information should be submitted
which would include the name, type, size and number of trees to
be planted. It was noted by the Commission that one of the
a four foot high planting screen, landscaped fence or wall
zoning ordinance requirements includes a provision that there be
on the side of commercial property which abuts a residential area
(in this case the rear lot line).
Ald. Burgermeister moved to approve this site plan subject
to the conditions that (1) the parking area be asphalted within
two years after occupancy of the building, (2) that the landscaping
be provided (which will include adequate screening along the rear
lot line) within one year after date of occupancy, and (3) that
Ald. DeBack seconded the motion and the motion carried.
an easement be provided for access to the rear property.
Zoning Officer Lee reported that the number of parking
There followed considerable discussion regarding landscaping
Page 2 - Plan Commission
May 4, 1971
for Joe Nettesheim, owner of the A & W Root Beer stand, S75
W17358 Janesville Road, requesting approval of diversified sign
requires that they comply with certain conditions to unify all
treatment. Mr. Sorenson advised that the root beer franchise
of the root beer stands. It is their intention to remove the
existing signs on the roof of the structure and construct a sign
The existing road sign will be replaced with an oval A & W emblem
over the carport on which the A & W emblem will be displayed.
of similar size.
as submitted. Mr. Raimann seconded the motion and the motion
Ald. DeBack moved to approve the request for these signs
carried.
LES SORENSON - Mr. Sorenson, builder, appeared as representative
ROGER SCHIIXZ - Mr. Schiltz appeared and submitted elevations
of the proposed addition to his tavern, Kurly's Tap, S191 W7690
Racine Avenue. It was noted by the Commission that they had
indicated to Mr. Schiltz at their meeting January 5, 1971, that
they would be receptive to the addition, however, that they would
like a more detailed plan for architectural review prior to
granting this expansion of Conditional Use Grant #48.
May 1, 1971, and indicated the elevations for the north and east
sides of the building.
advised that the exterior treatment of the addition will be the
In answer to questions from the Commission, Mr. Schiltz
same as the exterior finish of the existing building, that the
25' x 16' addition will be approximately 10' from the existing
garage and that there is adequate parking area.
Use Grant #48 as proposed. Mr. Bertram seconded the motion and
Mr. Raimann moved to approve the expansion of Conditional
the motion carried.
The plans submitted had been prepared by Klug Builders, Inc.,
OTHER BUSINESS -"""
DELBERT MILLER - The Commission reviewed a revised certified
Subdivision. submitted by Delbert Miller. W181 56365 Lentini Dr. survey map for division of Lot 1, Block 1, Lendale Heights
Hoffmann, Polzin, Becker & ASSOC., Inc., March 21, 1971, that the
It was noted by the Commission that the map had been prepared by
Common Council had granted the variance necessary to permit the
division of this lot with less than the square footage required
for this RS-2 District, and that revisions had been made in
accordance with recommendation from City Engineer Barry.
map. Mr. Basse seconded the motion and the motion carried.
Ald. Burgermeister moved to approve the certified survey
HALES CORNERS STATE BANK - The Commission reviewed a request
has previously been approved on a temporary basis for the Hales
for permanent status for the existing "Free Checking" sign which
hrners State Bank, S76 W17655 Janesville Road.
Ald. Burgermeister moved to grant permanent status to this
sign as requested. Ald. DeBack seconded the motion and the
motion carried.
Page 3 - Plan Commission
May 4, 1971 0
0
submitted by Alvin Pried, Richard Zach and Paul Burbach resuestina
FRIED, ZACH & BURBACH - The Commission reviewed a petition
to rezone approximately eight acres in Section 3 on Martin -Drive
from RSE to RS-2 to permit the development of a subdivision
with 20,000 sq. ft. lots instead of 40,000 sq. ft lots as
required in the RSE District. It was noted by the Commission
that sewers are available.
suggested that if the Commission would be favorable to an
Dr. Mangiamele recommended denial of this request and
increase in the density in this area, a larger property should
be considered and evaluated.
Ald. Burgermeister declared recess at 8:35 P. M. and the meeting
reconvened at 8:40 P. M. with Mayor Gottfried presiding.
-
scheduled for May 25th before the Common Council and suggested
Mayor Gottfried pointed out that a public hearing has been
that this request be referred to Planning Consultant Mangiamele
for evaluation.
city's planning consultant for a detailed evaluation of this
RCE District, same to include ownerships of properties, street
proposals, and a recommendation concerning a change in the
motion and the motion carried. density if he deems it advisable. Mr. Raimann seconded the
Ald. DeBack moved to refer this rezoning proposal to the
tional use grant in accordance with Section 8.01 (7) C. 10 of the
LLOYD ERN0 - The Commission received a petition for a condi-
zoning ordinance to permit an addition to Mr. Lloyd Erno's
existing residence, 5106 W20773 N. Shore Lane; to provide a
second, residential unit (mother-in-law house).
1971, 7:30 P. M. Mr. Basse seconded the motion and the motion
carried.
Ald. DeBack moved to schedule a public hearing for June 1,
"""-"""" PLANNING CONSULTANT'S REPORTS
NEIGHBORHOOD PUNNING - Planning Consultant Mangiamele
a reviewed a neighborhood study for the northeast district which
included Sections 1, 2, 12 and 1/2 of 11. Using basically the
existing zoning and a ratio of 3.6 persons per family, indications
were that potential total development would be approximately
has been designed for a population of 5,000 and suggested that
10,000 population. He pointed out that the temporary sewage plant
development be controlled and offered the following "possible
development objectives":
'a
Page 4 - Plan Commission
May 4, 1971
0 (Refers to map entitled Planninp Development Units Areas A .% B)
Area I Development discouraged south of Woods Rd.
Area I1 If 80 acre farm not developed
Area I11 Development of undeveloped areas discouraged
Area IV I1 I1 I, It
Pirst Proposal
Area VI11 Development north of freeway only
Area IX (a) Development north of Woods Rd. only
Area IX (b) Development north of Tess Corners only
Addition number for
Second Proposal
Total
*Approximate capacity of existing treatment plant as 0 planned = 5000 persons
**Exceeds capacity by 20%
Persons
1380
1180
1800
750
5110*
173
518
403
-
1094
6204**
discuss the temporary treatment plant for the northeast district,
Mr. John Mielke, consulting engineer, then appeared to
pointing out that federal and state aids will be granted for this
facility to alleviate sewage problems in existing developments,
that if the city desires to extend sewers into undeveloped
areas the additions which would be required to facilitate this
additional sewage would probably not be approved or granted
aids, that aids applied for amount to approximately 75% of the
total cost (approximately$400,000), that capacity had been
determined by actual count of existing homes, platted vacant
lots, commercial and industrial buildings, and by using the
districts, that they had used ratios of 4 persons per dwelling
existing zoning which does not include any multiple family
and 70 to 100 gallons per day per capita, that this capacity
Southeastern Wisconsin Regional Plan Commission and ORAP.
had been approved by the Root River Water Shed Committee,
who have approached the city and Mayor Gottfried suggested that
a percentage basis or to require that anyone who accepts a
solutions might be to permit development of certain areas on
deferred assessment cannot develop their vrovertv for a veriod
The Commission expressed concern at the number of developers
” of ten years.
Page 5 - Plan Commission
May 4, 1971
proposals to amend the zoning ordinance to permit duplexes in
DUPLEXES - Planning Consultant Mangiamele reviewed again
the city. He suggested that the definition of duplex include
the side by side and the upper and lower both of which will
be required to be-single family in appearance; that the duplex
be a permitted use-by-right in the RSA District and that they
be permitted uses by conditional use grant in the "B" Districts,
RSM District and overlay districts - OOS, OIP and OHS.
ZONING OFPICER'S REPORTS
probable that the city's highway width map and the Waukesha County
HIGHWAY WIDTH MAP - Zoning Officer Lee advised that it is
road width map are not unified. It was the Commission's decision
that Mr. Lee investigate and resolve this matter.
"""""""""" COMMUNICATIONS & MISCELLANEOUS BUSINESS
29, 1971, directed to Mayor Gottfried from City Attorney Buckley
was reviewed by the Commission:
"Dear Mayor:
together with a copy of the certified survey map by which this
property was conveyed from Mrs. Boldt to Frank DeAngelis. The
excepts the northerly 50 feet of the property conveyed for road
certified survey map in accordance with the legal description
highway map for the City at this point is 80 feet and not 100 feet
purposes. You state that the right-of-way as shown on the official
and that the barn as shown on the map actually extends into the
right-of-way.
You have made a tentative agreement with Mr. DeAngelis to
file a new certified survey map showing 40 feet rather than
50 feet to comply with the comprehensive plan of the City; and
Mr. DeAngelis several more feet. You also state that you feel
that the new map would use the existing roadway which would give
that the barn still belongs to Mr. DeAngelis rather than the city.
If the comprehensive plan shows this highway width to be
80 feet, then I believe the following procedure should be followed
rather than the procedure suggested in your letter:
(1) A report to the Plan Commission should be made regarding
the situation. The Plan Commission should then adopt a
resolution indicating that the 50 feet right-of-way was requested
in error and that only 40 feet should have been requested.
Deed of the northerly 10 feet of the legal description to Mr.
(2) The Plan Commission should then approve a Quit Claim
DeAngelis. This would then reserve for us the northerly 40 feet.
the deed should be recorded at the Register of Deeds.
DeAngelis would prefer one, in which case this should be at his
expense. The barn is not the property of the city. It belongs
to Mr. bAng?lis and he has a right to use it SO long as the
FRANK DeANGELIS - The following communication dated March
I have your letter of March 24, 1971, regarding this matter
(3) The Council should then adopt this recommendation and
No new certified survey map would then be required unless Mr.
May 4, 1971 Page 6 - Plan Commission
city does nothprove the right-of-way. Mr. DoAngelis, however,
may not do any more building in the bed of the highway as laid
out on the official map unless he receives a building permit from
the city. If such a permit is applied for, the city would have
Stats. under which it could be allowed under certain conditions.
to follow the terms of the official map law, Section 62.23 (6)
The existing building poses no problem, as I said until the
order Mr. DeAngelis to remove the building at his expense since
city may wish to improve the highway. In this case the city can
there is no adverse possession against the city. We, of course,
in my opinion are not entitled to charge Mr. DeAngelis any rent
or royalty of any kind because his building is within the right-
of-way. The building is subject to taxation.
I will be happy to draw the necessary resolutions, etc. for
the Plan Commission at your request.
Very truly yours,
/s/ John P. Buckley"
Ald. DeBack moved to recommend to the Common Council
that the Plan Commission approves of a quit claim deed to return
to Mr. DeAngelis 10 feet along his north property line which
had been dedicated erroneously for road purposes and that
deed. Ald. Burgermeister seconded the motion and the motion
the city attorney be directed to prepare the necessary quit claim
carried.
e
'0
ELECTION OF SECRETARY - Mr. Raimann moved to nominate Alvin
Basse to serve as secretary of the Plan Commission. Ald.
Burgermeister seconded the- motion and the motion carried.
Commission cast a unanimous vote for Alvin Basse for secretary.
Mr. Bertram seconded the motion and the motion carried.
Ald. DeBack moved to close the nominations and that the
PLANNING COMMISSION SUB-COMMITTEE - In addition to Planning
Consultant Mangiamele, Zoning Officer Lee and himself, Mayor
Gottfried appointed Ald. Burgermeister and Mr. Chase to serve on
the sub-committee to meet after this regular meeting with a
planned development for the Wallner-DeBack property on McShane
representative for Mr. Bill Paschke, Architect, regarding
Road in Section 12 (former Magerich farm).
ADJOURNMENT: Ald. DeBack moved for adjournment at 10:20 P. M.
Mr. Raimann seconded the motion and the motion carried.
Respectfully submitted,
b js
5-7-71
Barbara J. Sands
Recording Secretary