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PCM19770118CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF MEETING HELD JANUARY 18, 1977 CITY HALL Mr. Arrowood called the meeting to order at 8:18 P. M. in the absence of Chairman Gottfried. PRESENT: Richard Arrowood, Secretary Edward Raimann, Laura Kilb and Wayne Salentine. Planning Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were also present. ABSENT: Mayor Jerome Gottfried, Ald. Charles Colburn and Fred Lavey MINUTES: The minutes of the previous meeting of January 4, 1977, were approved as mailed. NEW BUSINESS SACHI-KASTELLO - The Recording Secretary read Resolution #P. C. 5-77, Referral to Planning Consultant - Sketch for Land Division. Mr. Salentine moved for adoption. Mr. Raimann seconded the motion and upon a roll call vote, the motion carried unanimously. MRS. CEILLE - The Recording Secretary read Resolution #P. C. a 6-77, Acknowledging Receipt of Preliminary Plat (Revised). Mrs. Kilb moved for adoption. Mr. Salentine seconded the motion and upon a roll call vote, ths motion carried unanimously. STAN A. ZDANCZEWICZ - The Recording Secretary read Resolution #P. C. 7-77, Approval of Permit for Dog Kennel. Mr. Raimann moved for adoption. Mrs. Kilb seconded the motion and upon a roll call vote, the motion carried unanimously. MAPLE HILL ESTATES ADD'N NO. 1 - The Recording Secretary read Resolution #P. C. 8-77, Approval of Final Plat. Mr. Salentine moved for adoption. Mrs. Kilb seconded the motion. preliminary plat and the final plat which included an. additional lot and the extension of a road on the final plat. Upon a roll call vote, the motion to adopt Resolution #P. C. 8-77 carried unanimously. Zoning Officer Lee reviewed the revisions between the Page 2 - Plan Commission January 18, 1977 NEIGHBORHOOD PLAN - The Recording Secretary read Resolution #P. C. 9-77, Recommendation to Remove Parkway Interceptor. Mr. Raimann moved for adoption. Mr. Salentine seconded the motion. Analysis" map of Sections 5 and 6 the route of the proposed interceptor which would be removed from future sewer plans. He pointed out that the area is mostly.undeveloped farm land with the exception of The Ridges and some development on Tans Drive; that the zoning map indicates that this area will not be sewered. lots on the Adrian Schmidt property could be connected to the exis- ting sewer serving the Hi Y Ranches area. They also expressed concern that some of the undeveloped area might not be able to support septic systems thus limiting development to a very low density. resolution until more' information is available. Mr. Salentine moved to defer action for two weeks. Mrs. Kilb seconded the motion and the motion carried upon a voice vote. COMMUNICATIONS & MISCELLANEOUS BUSINESS Planning Consultant Mangiamele reviewed on the "Neighborhood The Commission questioned if possibly three or four proposed It was the Commission's decision to defer action on this 0 RICHARD KNUDSEN - It was noted by the Commission that Common Council Resolution 8249-76, Denial of Rezoning in Section 5, was referred to the Plan Commission by the Council to consider alter- natives for the rehabilitation of this property as suggested in Planning Consultant Mangiamele's report dated October 20, 1976. October 20th clarifying some of the points-made in the recommen- dation. He pointed out that if it had not been for the time element involved, the duplex could have been permitted as a lesser use than a tavern under the legal nonconforming clause of the zoning ordinance. He advised the Commission that spot zoning is not constitutional and that it would be illegal to rezone this 1/2 acre parcel to EA. He suggested that the city attorney be contacted to determine if this matter could be resolved by the Board of Appeals. to permit a duplex in an overlay district such as 00s (Office and Special Service) which provides for special uses in a basic district. Planning Consultant Mangiamele reviewed his report dated There was discussion if the zoning ordinance could be amended Page 3 - Plan Commission January 18, 1977 Mr. & Mrs. Knudsen were present and in answer to questions from the Commission advised that they do now own the property; that they are living in the upper unit; that the total square footage of the building is 2400. sq. ft. - 1100 sq. ft. on the first floor and 1300 sq. ft. on the second floor; that each floor has two bedrooms, living room, kitchen and bathroom; that a previous decision by the Board of Appeals when a second entrance was provided meant that the unit could not be a three family; that the city attorney had advised the Council that each zoning must be judged on its own merits; that it would be very expensive to remove one of the kitchens to make the building a single family home; that it is costing $150 to $200 per month for heat; that they had moved in prior to getting permission for the duplex because they were confident that it was a lesser use than a tavern and would not be a problem; and that they have rented the lower unit to a relative as of the first of February to comply with provisions of the mother-in-law unit. Zoning Officer Lee advised that it is illegal to use the second unit as a mother-in-law unit until a public hearing is held and a conditional use granted for that purpose. contacted several persons who had signed the.petition against the rezoning of this property, that they opposed the rezoning, however, did not oppose the use of the building as a duplex. Mr. Knudsen extended an invitation to the Commissioners to go through the building prior to making a decision. He requested that the resolution not be acted on by the Common Council until after the Commission has had an opportunity for further study and review. they defer action on Resolution 11249-76 to give the Plan Commission an opportunity for further study and review. The motion lost for lack of a second. Ald. Constantineau was present: and advised that he had Mr. Salentine moved to recommend to the Common Council that PLANNING CONSULTANT’S REPORTS Planning Consultant Mangiamele reviewed a report and recommendation dated January 18, 1977, regarding minimum average width of lots in “B” Districts. ADJOURNMENT: Mrs. Kilb moved for adjournment at 1O:OO P. M. Mr. Raimann seconded the motion and the motion carried. bj s 1-20-77 Respectfully submitted, Barbara J. Sands Recording Secretary &L”LL/