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PCM19880920CITY OF MUSKEG0 PUN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON September 20, 1988. Mayor Wayne Salentine called the meeting to order at 7:OO p.m. PRESENT: Chairman Wayne Salentine, Edward Raimann, Jerald Jack Schmidt and Zoning Officer Gerald Lee. Hulbert, Alderman Mitchel Penovich, Darl Honl, Dottie Rector, MINUTES Mr. Hulbert moved to approve the Minutes of September 6, carried unanimously. 988. M r. Schmidt seconded. Upon a voice vote the motion OLD BUSINESS: ADDITION TO TAVERN ON KELSEY DRIVE-CHRISTENSEN The recording secretary read Resolution #P.C. 151 - 88 , Approval to construct 20' x 24' addition to tavern at S102 W19570 Kelsey Drive. Mr. Hulhert moved for adoption. Mr. Schmidt seconded. Mrs. Christensen came forward to explain the large drawing posted as an exhibit. She indicated where the fence line would be. At this point the Chairman requested that the neighbor in the audience be given a copy of the resolution so she could read it. The Chairman asked the recording secretary to read the Board of Appeals Minutes concerning this addition, even though they had been read at the last Plan Commission meeting. Mrs. Christensen went on to show on the drawing where the existing parking, garage, horseshoe pits, trees, two wells, holding tank were located. Mr. Lee was asked if he had computed the parking spaces. He stated that there were no building floor plans submitted yet to show what is tavern and what is residential. He floor area. You would also have to take into consideration the said that one car space was required for every 100 square foot of bar stools, tables and booths. Mrs. Christensen stated that each table in the pool room area. Mr. Lee said that 17 parking there are 13 stools in the tavern now, 2 tables with 4 chairs at present to voice her concerns: 1) Why is the parking lot almost spaces would then be needed. Lois Perelli, a neighbor, was next to her lot and what about future parking lot plans? 2) There is a need for some noise barrier in the area behind the horseshoe courts. Mrs. Rector stated that she was concerned about the cars parking along the road. As per the diagram, the cars would be off the street. Mrs. Christensen stated that month in the summer, there is adequate parking. unless they have ballgames, which usually occur only four times a Mr. Hulbert stated that he shares the concern and felt that a major part of the entrance to the city highway and adjacent to the structure should be blacktopped and striped or at least seal coated because the gravel spills out into the street. Mr. Schmidt felt that even if there was adequate space designated, it doesn't mean the people would park within the lines. He would like to see a seal coat with lines applied to the parking lot. Of some of the noise level, since windows would not be open. It was stated that the central air conditioning would take care Mrs. Perelli said that the noise is a problem and Mr. Lee was this problem. He stated that there is no ordinance for noise, questioned about whether the City had a noise ordinance governing but perhaps the police department had one and Chief John Johnson, who was present for another matter responded that the police department will start monitoring the noise at 1O:OO p.m. and if it continues past 11 :00 p.m. see that the noise is stopped if they receive a complaint. Mr. Honl said that he could see having a fence to cut down on the visual and noise problem. Mrs. with her children and a fence would prevent the parents from Christensen said that the children from the east property play seeing their children playing together and feel this would be a punishment. Mrs. Rector said she sees this fence as protection not punishment. Mrs. Perelli again stated her concern that people do not stay in the rentals and that the parking lot is 0 almost on the lot line and would be noisy. Mrs. Christensen responded that she bought the property and knew there was a business next door. Mrs. Perelli said that she is concerned about the 15 to 20 drinking people, the traffic and the outside activity. Mr. Raimann said that he would like to see it asphalted. Mr. Schmidt thought it should be seal coated. Mrs. Christensen stated that her contractor's bid to asphalt was $4,100 with no grading. Mr. Hulbert thought that if you wish to expand your business, something should be done. At least seal were for seal coating. Mrs. Christensen said her quote for seal coat the entrance area. Mr. Lee stated what the requirements we require asphalt, so let's be consistent. Mr. Ingersol, who coating was $700 with no grading. Chairman Salentine said that was present on another matter said that as a businessman, he would like to see consistency. Commercial businesses should he brought up to the standards that the City of Muskego is looking for. Mr. Lee read the Municipal Code for paving requirements. Mr. Hulbert asked Mrs. Christensen that if having to asphalt 17 decide not to put on the proposed addition. It was mentioned to 19 parking spaces and a driveway was too expensive, would they that bonding is available to fund the project. Mrs. Christensen have to. The Chairman responded that they are legal non- said that several area bars do not have asphalt, so why do they conforming. If you come before the Plan Commission now with an a was abstaining from voting on this matter. Mr. Raimann said that amended site plan, it can be required. The Chairman said that he deadline to complete an2 add the stripes to the wording. since asphalting was re uired, #2 of the ordinance would need a Mr. Hulbert thought one year. This question went into a with one year. It was mentioned that a $5,000 bond would be discussion. Mr. Raimann and Mrs. Rector said they would go along required and that it is like an insurance policy. #1 on the resolution was addressed. Mr. Lee asked how technical do we want to get? Mrs. Rector stated that an exterior upgrading was necessary. After some discussion it was decided to: Leave fll as is. Change W2 to read - That the parking lot be asphalted within one year from the date that the permit is issued. Leave #3 and #4 as is. Add F5 to read - Bonding for $5,000 be provided. Add 116 to read - Require 6' privacy (not chain link) fence east side entrance in line with the back of the existing garage to be side of property only from the front of the neighboring garage installed by May 15, 1989. Mrs. Christensen wanted to know how long she would have to raise the money to asphalt. Upon a roll call vote to amend the resolution the motion to amend carried with Mr. Schmidt casting a dissenting vote and Mayor Salentine abstaining. Upon a roll call vote the motion to adopt carried with Mr. Schmidt casting a dissenting vote and Mayor Salentine abstaining. NEW BUSINESS: CERTIFIED SURVEY MAP-WELTZEIN - The recording secretary read Resolution #P.C. 166-88--Ao~roval of Certified Survev MaD Dividing One Lot--28644 North Lake Drive, Section 1, Town'of ' Waterford-Weltzein. Mr. Honl moved for adoption. Mrs. Rector seconded. Upon a roll call vote the motion to adopt carried unanimously. REZONING PARCEL OF LAND-SHOOTING RANGE The recording secretary read Resolution f1P.C. 167-88--Recommendation that a to Rl/OIP for the purpose of installing a shooting range for the parcel of land at W208 S7931 Hillendale Drive be rezoned from R1 City of Muskego Police Department. Chief Johnson of the Muskego Police Department was present. He stated that the proposed site is a Waste Management land buffer zone. There will be a 15 foot berm around three sides of the range. They will move a small equipment shed for employee storage. They have a long term lease -- 20 years already. The OIP zoning means it is a city function and you can't condition the zoning. There has been a public hearing on this matter and they have to get a license from the 0 Common Council. After some discussion Alderman Penovich moved for adoption. Mr. Hulbert seconded. Upon a roll call vote the motion to adopt carried unanimously. Page 4 CONSTRUCT A 7 1/2 FOOT FENCE-HAASE The recording secretary read Resolution 1jP.C. 168-88 Approval to Construct a 7 1 /2' Fence at S74 W17365 Richards Lane-Haase. Mr. Lee stated that this resolution came from a complaint about a fence over 6' in height which the the owner is using to screen his neighbors from his lot. The adjoining property owner was present and asked: 1) how wide the alley is 2) As the fence stands now it and cars have poor visabililty. She would like to see the fence extends all the way out to Richards Lane and kids riding bikes moved back 5 feet off Richards Lane. Mr. Lee said that he would have to look at the fence and measure the alley. This resolution is only looking at the fence height. After some discussion it was decided to have the owner of the fence move the fence back 5 feet off Richards Lane. Mr. Raimann moved for adoption. Mr. Honl seconded. Upon a roll call vote the motion to adopt carried unanimously. SKETCH TO DIVIDE 12 ACRES INTO 3 LOTS-CAROL DEBACK The recording secretary read Resolution #P.C. 169 - 88 A to Divide 12 Acres into 3 Lots in the SW 1/4 of Section 21-Carol pprove Sketch create one lot and Lot 3 a remanent which should have access only DeBack. Mr. Lee stated that in this sketch it is proposed to on Parker Drive. Mr. Potrykus was present and said that the Debacks want to sell the center lot to create 2 other lots as has a buyer for the one lot if it is approved. After some outlots. Parcel 1 has had a perk test. Mr. Dehack said that he discussion Mrs. Rector moved for adoption. Mr. Schm.idt seconded. Upon a roll call vote the motion to adopt carried unanimously. SECOND GARAGE STRUCTURE-WUCHERER The recording secretary read Resolution #P.C. 170-88 Recommendation to approve construction of 2nd garage structure at W126 S6391 Coleridge Court-Wucherer. Mrs. Wucherer was present and stated she had a petition and a letter from her neighbors approving the requested size of Structure. She was informed that the petition and letter would have to go before the Board of Appeals at a public hearing for a variance since that was their jurisdiction in this matter. She responded that she did not wish to go before the Board of Appeals and would go with the 10' x 14' storage structure size and keep the required offsets. MI-. Honl moved for motion to adopt carried unanimously. adoption. Alderman Penovich seconded. Upon a roll call vote the CONSTRUCT 50' ROUND 6' DEEP POND ON LOT-DURHAM The recording secretary read Kesolution #P.C. 1 /I 88 A Construct a 50' Round 6' Deep Pond on Lot 19 Ludwigs Subdivision- Durham. Mrs. Durham was present and stated that it is a vacant lot and they just want to clean up the area to make it look better. Mr. Lee was questioned about the swale. - pproval to Page 5 Engineers. After some discussion Mr. Schmidt moved for He said the Durhams are waiting for a response from the Corps. of adoption. Alderman Penovich seconded. Upon a roll call vote the motion to adopt carried unanimously. CONSTRUCTION OF CHAIN LINK FENCE-NRW The recording secretarv read Resolution #P.C. 1/2-88 Auurove Construction of 6' Chain Link Fence at S8l W18878 Apollo DriGe-NRW. Mr. Raimann asked if the fence met the requirements in front. Mr. Lee responded yes, since it is not in front of the building. After some discussion it was decided to give NRW 60 days to provide the Upon a roll call vote the motion to adopt carried unanimously. screening. Mr. Honl moved for adoption. Mr. Hulbert seconded. LAND-INGERSOLL/ don APPROVAL OF CERTIFIED SURVEY MAP(AMENDED) TO DIVIDE #P.C. 173-88 Approval of Certified Survey Map to Divide Land in the NE 1/4 of Section 9-Ingersoll-Giefer. Mr. Hulbert made a motion to amend the resolution to read certified survey map and not sketch. Alderman Penovich seconded. Upon a roll call vote the motion to amend carried unanimously. Mr. Ingersoll was with his project. He would like to get all the rezoning in place present to give a little background as to what has been going on There was a comment about the dedication for public street purposes and how it will affect the bike path. Mr. Lee stated jurisdiction/authority on that road would receive the dedication. that by giving it for public street purposes, whoever has The Developers Agreement will be taken up Wednesday night (Finance Committee). He is parceling off a large parcel for condominiums. He must set up a method to govern it and it will be called Bay Breeze Condominiums, Inc. The balance will be aren't working on that now. Mr. Hulbert asked if anything has single family houses on the west end versus an office, but they changed in Parcel 2. Mr. Ingersoll responded that Ruekert and Mielke are working to define the easements for the water. There was some discussion concerning the bike path and the need for a one foot easement from Mr. Ingersoll and that the bike path will fit between the fire hydrants and the telephone pole. Mr.Schmidt made a motion to approve the resolution as amended. Mr. Hulbert unanimously. seconded. Upon a roll call vote the motion to approve passed BY-LAW FOR BAY BREEZE-INGERSOLL/GIEFER The recording secretary read Resolution #P.C. 174-88 Approval of the By-Laws for Bay Breeze-Ingersoll/Giefer. Mr. Lee gave an example of Some of the laws. You can't chanae your oil in your driveway. You can't put towels on your porch to dry. The color of the shades facing the common area must be approved by all 74 different owners. Mr. Hulbert questioned the construction of the decks. Mr. Ingersoll responded that the porches are considered limited access areas and the rights of the original condo user for his Page 6 privacy. You can't modify the porches but have access to them. Mrs. Rector questioned what the territory would be for the beach, would have to be purchased. The association gives all owners docks, piers, slips. Mr. Ingersoll responded that the slips 1/74 ownership. The beach must be maintained. The storage shed to be located in Parcel 2 will not be the ownership of the condominium owners. After some discussion Mr. Raimann moved for motion to approve passed unanimously. adoption. Mrs. Rector seconded. Upon a roll call vote the MISCELLANEOUS BUSINESS: Mayor Salentine said that he had ,just come back from Madison where he met with Governor Thompson and others concerning the site plan for future landfills within 3 to 5 miles from Muskego and other areas in Wisconsin. He stated that he would like some input from the Plan Commission members concerning the zoning for these sites. He said that Emerald Park was grandfathered in. It was mentioned that Chicago's garbage is coming here and we need siting laws. Our hazardous waste goes to Kentucky. There was discussion about crossing county boundaries. Mayor Salentine stated that recycling will soon be statewide mandated which will only cut down the volume by 26%. Lepak has given his support. Waste Management now gives Muskego construct the landfills with a clay liner, plastic liner, free dumping at the Crowbar site. Mayor Salentine said that they leachate collection system and ground water system. He toured Emerald Park. the Omega Hills site and said that type is being proposed for is Muskego's Plan Commission guide. (old plan dated 1972) It has to deal with where the next industrial development will take place. It is poor planning to create industrial development all In one area. Mr. Lee discussed updating the Comprehensive Plan which Mr. Raimann commented on the increased construction of pole type buildings in downtown Muskego. Mr. Lee stated that many communities have an Architectural Control Board to approve all buildings. Industrial Park had dust-proofed their driveway. Mr. Lee said that he would check to see if it had been done. Regulations for the Industrial Park she found that Article 2 contained information pertaining to cutting grass. Alderman Penovich asked Mr. Lee if Dawes - College Mrs. Rector stated that in reviewing the Rules and Mr. Lee was asked to report on the Industrial Park violations. He stated that NRW will be putting up a fence. Borchardt Lumber had received a letter to correct violations. Kelly Doors was inspected on Tuesday. The City garage would have to have a site plan approved by the Plan Commission. ADJOURNMENT: Mr. Raimann moved to adjourn at 9:50 p.m. Mrs. Rector seconded and the motion carried. Respectfully submitted, Cheryl Schmidt Recording Secretary