PCM19760203CITY OF MUSKEGO
PLAN COMMISSION
MINUTES OF MEETING HELD FEBRUARY 3, 1976
CITY HALL
Mayor Gottfried called the meeting to order at 8:lO P. M.
PRESENT: Chairman Jerome Gottfried, Secretary Alvin Basse, Blair
Dixon, Ald. Ron Ford, Laura Kilb and Edward Raimann. Planning
Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were
also present.
ABSENT: Richard Arrowood
MINUTES: The minutes of the previous meeting of January 6, 1976,
were approved as mailed.
PERSONAL APPEARANCES
ATTORNEY CLAYTON CRAMER - It was noted by the Commission that
action had been deferred on a reauest submitted bv Carl Posbrip.
for legal status for two arcels 'of property on Racine Avenue in ~
Section 20 in Resolution f IP. C. 24-75 adopted April 15, 1975,
pending a court decision on the legality of Section 2.4 (2) of the
Judge Gramling dated January 15, 1976, which declared Section 2.4 Land Division Ordinance. The Commission reviewed the decision of
(2) of the Land Division Ordinance unconstitutional for the reason
that the ordinance is excessively broad.
Attorney Clayton Cramer, representing Carl Posbrig, appeared
requesting that the Comission take action on the petition submitted
by Carl Posbrig for legal status for these two, one acre parcels,
one owned by Carl Posbrig and one parcel owned by his father,
Ervin Posbrig, now deceased.
Mayor Gottfried pointed out that this section of the Land
Division Ordinance would have to be reviewed by Common Council
committees as well as the Plan Commission and the court decision
discussed with City Attorney John Buckley prior to any action
on this request for legal status.
ATTORNEY JOHN COUTURE - Attorney Couture, representing David
Beierle appeared to request that the Commission reconsider Reso-
Beierle, which had been adopted by the Commission July 1, 1975.
lution 8P. C. 67-75, Denial of Legal Status Request for David
He pointed out that legal status for these two sub-standard lots
is an isolated situation, that there would not be any health
hazard created and a precedent would not be set because the area
to the north.'is in New Berlin.
Mayor Gottfried advised that because of the time element
involved it would not be possible to reconsider Resolution #P. C.
67-75, that Mr. Beierle would have to submit a new petition for
legal status, but that, however, it would be best to wait until
Section 2.4 (2) of the Land Division Ordinance has been studied
and amended, if necessary.
a Page 2 - Plan Commission
February 3, 1976
NEW BUSINESS
WEST ALLIS SAVINGS & LOAN - The Recording Secretary read
Resolution #Pa C, 4-16. Denial of Sketch for Land Division. Mr.
Raimann moved for adopfion. Mrs. Kilb seconded the motion.
Mr. Hans Schmidt, New Berlin, appeared and advised that he
has purchased this property from West Allis Savings ti Loan. He
encouraged the Commission to defeat the resolution. During
discussion, he advised that the state would be in accord with
redirecting the drainage creek which crosses this property and
that there are two accesses to the property.
upgrade this area and to create a higher density would not be
in accord with those plans.
January 14, 1975, which indicated reasons for the denial recom-
Planning Consultant Mangiamele reviewed his report dated
mendation.
4-76 carried with Mr. Basse casting the only dissenting vote.
Mayor Gottfried pointed out that the city would like to
Upon a roll call vote, the motion to adopt Resolution #P. C.
TED JANE - The Recording Secretary read Resolution #P. C.
a Mr. Basse moved for adoption. Mr. Dixon seconded the motion
5-76, Referral to Planning Consultant - Sketch for Land Division.
and the motion carried upon a voice vote.
RICHARD J. HANAGAN - The Recording Secretary read Resolution #P. C. 6-76, Approval of Sketch for Land Division. Mr. Dixon
moved for adoption. Mr. Raimann seconded the motion.
division would not be legal under the Land Division Ordinance
because it would be the fifth division in less than a five year
period.
Ald. Ford moved to defer action on this resolution for two
weeks to give Zoning Officer Lee an opportunity to determine the
legality of this division. Mr, Dixon seconded the motion and
the motion carried upon a voice vote.
Zoning Officer Lee advised the Commission tha't possibly this
CARL GRATZEK - The Recording Secretary read Resolution #P. C.
Works - Sketch for Land Division. Mrs. Kilb moved for adoption.
7-76, Referral to Planning Consultant, Zoning Officer and Public
Mr. Basse seconded the motion and the motion carried upon a voice
vote.
WILDFLOWER PLANNED UNIT DEVELOPMENT - The Recording Secretary read Resolution #Po C. 8-76
Dixon moved for adoption. Mr. Raimann seconded the motion.
Denial of Preliminary Plat. Mr.
the following paragraph: "Be it further resolved ,that the Plan
Ald. Ford moved to amend Resolution #P. C. 8-'76 by adding
Cmission will be receptive to an additional six months extension
Council." Mr. Dixon seconded the motion and the motion carried
if such application is made prior to final action by the Common 0
upon a voice vote. Upon a roll call vote, the motion to adopt Resolution #P. C.
8-76 AS Amended, carried unanimously.
.. .
Page 3 - Plan Commission
February 3, 1976
CARRIAGE HOUSE AUTOMOTIVE - PARKLAND MALL - The Recording
Secretary read Resolution #P. C. 9-16, Approval of Sign. Mr.
Dixon moved for adoption. Ald. Ford seconded the motion.
There was discussion as to whether the banner reading "Auto Parts"
above the entrance to the Carriage House Automotive should be
removed, however, action was not taken.
9-76 carried unanimously.
Mr. Jeff Vanden Heuvel, manager of Parkland Mall, was present.
Upon a roll call vote, the motion to adopt Resolution #P. C.
PLANNER' S REPORTS
to Agriculture Zoning and discussed same with the Commission.
ADJOURNMENT: Ms. Rafmann moved for adjournment at 1O:OO P. M.
Mr. Dlxon seconded the motion and the motion carried.
Planning Consultant Mangiamele reviewed a suggested approach -
Respectfully submitted,
Barbara J. Sands
Recording Secretary
bjs
2-10-76