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PCM19901106CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON NOVEMBER 6, 1990. Mayor Wayne Salentine called the meeting to order at 7:05 P.M. PRESENT: Chairman Wayne Salentine, Edward Raimann, Jerald Hulbert, Alderman Dave Sanders, Darl Honl. Dottie Rector, Jack Schmidt and Director Gerald Lee. ABSENT No one. MINUTES Mr. Honl made a motion to approve the Minutes of the October 16, 1990 meeting and Mr. Raimann seconded. Upon a voice vote the motion to approve passed unanimously. NEW BUSINESS: APPROVAL OF CONDITIONAL USE GRANT FOR MICHAEL FISCHER - The Recording Secretary read Resolution j1P.C. 187-90, Approval ot Conditional Use Grant for repair and painting of automobiles, S66 W14543 Janesville Road. Mr. Schmidt moved for adoption and Mrs. Rector seconded. Chairman Salentine noted that a letter was received from United Auto Body, Randy h Laurie Czaplewski concerning the petition of Michael Fischer for a conditional use grant on the property located at 566 W14543 Janesville Road, Muskego, WI. He wanted the Recording Secretary to note in the minutes that this letter had been received, copies distributed to the commissioners and was on file in the office. He requested asked what is considered containment of fumes? Mr. Lee responded the Recording Secretary read the letter to everyone. Mr. Hulbert that he isn't familiar with the requirements, but the Fire Department inpsects twice a year. Mr. Hulbert said he was Lee stated under State Code it must be filtered --they must concerned about whether the exhaust fan was close enough? Mr. Salentine questioned the parking availability and the access to follow exhaust regulations, Class I wiring rules, etc. Chairman the property. Mr. Fischer responded he has access to the when the lots were split, wasn't he given parking restrictions? property. He needs another garage door. Mr. Honl questioned Mr. Fischer said he purchased both lots and got County access. Chairman Salentine questioned whether screening would be needed to block visibility to the rear? Mr. Lee said the Fire Department is in the rear and has a chain link fence already, the nearest subdivision is 300'-400' across the creek and there are Mr. Schmidt felt you can't see the back yard from the road. only a few houses nearby one of which Mr. Fischer owns. Mr. Fischer commented that there is a tenant's car on the lot next door which is inoperable. Mr. Fischer said he hasn't seen Department concerning this vehicle. the car running. Mr. Lee said he would notify the Police Pg. 2, Plan Commission Minutes 11/6/90 There was more discussion about cars parking in the front of the building. Mr. Fischer said other businesses in the area park cars on his side of the street all day giving him little space for sale? Mr. Fischer responded he isn't in the business for for his customer's cars. Mr. Fischer was asked if his cars are selling cars, but he would like to sell one (1) of his own cars other cars owned by Mr. Fischer were outside for sale? Mr. in the front of the building. Ald. Sanders questioned how many Fischer responded he had four cars outside but never takes more of the building now near the sidewalk. Mr. Hulbert made a motion than he can work on at one time. One employee parks in the front awaiting repair and those to be picked up after repair be located to amend the resolution to read 2-"All parking of vehicles in the building or behind the building including employee parking with screening for outside storage. Plus, they should address discussion concerning amending the resolution. At no time shall the hours of operation." Mr. Honl seconded. There was more building. Mr. Fischer felt he should be allowed to sell one of the automobiles be advertised for sale on the outside of the his own cars outside in front of the building near the street. Mr. Raimann felt this wasn't necessary. Mr. Schmidt wanted to unrestricted hours of operation at night as he usually locks his see customer parking in front only. Mr. Fischer wanted to have door to the public by 5 P.M. Mr. Hulbert wanted to make sure the hours of operation weren't more restrictive than other businesses the fact that 7 to 8 houses are in the area and the hours of in the area. Ald. Simmons wanted to impress on the commissioners operation should be reasonable. He had sent the Plan Commission a memo expressing his opposition to the conditional use being granted. Mr. Lee stated there are several businesses in the area staying open late hours such as the Open Pantry and a tavern nearby. He was asked if he had received any complaints from residents in the area? Mr. Lee said no. Ald. Simmons questioned plus the fact that this use would permit a larger operation. Mr. the noise nuisance when the windows were opened in warm weather, Fischer said there were 10-12 windows open during the warm months wanted to know if sprinklers were needed? Mr. Lee said the state and no one complained and the police didn't come. Mr. Schmidt would inspect for safety. Mike Fischer reiterated he will be running a safe operation abiding by state regulations and inspections. He will be purchasing a spray booth and filtration package. Ms. Laurie Czaplewski of United Auto Body spoke about her businesses to do so. She had to stay 115' back from Janesville concerns. She has had to run a good operation and expects other be removed from the site and she feels he isn't currently doing Rd. Waste removal has to be documented. Hazardous material must Road. United Auto Body has had to abide by the rules and she so. Parking is a problem with cars backing out onto Janesville feels they must do so. She wasn't pleased with longer business Pg. 3, Plan Commission Minutes 11/6/90 her business. Mr. Lee reminded her that her business is in a more residential area. When the public hearing was held they expressed concern about the operation and that is why her hours were restricted. Mr. Schmidt said when Ace Glass were there they didn't have restrictions for their customer's parking; he felt every auto body shop should have similar restrictions. Mr. Fischer's car sales were discussed. Mr. Honl was against any used car sales because of limited space. Laurie Czaplewski wanted to go on record that she won't sell another car on her property--she usually ended up with them when someone could't pay the bill, etc. It was the feeling that the employees should have to park on the street all day. Chairman Salentine asked the Recording Secretary to read back the notes taken during the discussion in the form of an amended resolution. Item 1 would remain intact. Item 2 would be deferred concerning the fence screening until the applicant could contact the Fire Department and report back to the Plan Commission; add "and if stored outside, screening would be needed would be amended to read "At no time shall the automobiles be in the form of.......". Item 3 would remain intact. Item 4 advertised for sale outside of the building with the exception of one car registered to Michael Fischer. Item 5 would remain intact. Item 6 be added "Request DNR/EPA letter of compliance Labor and Human Relations in Waukesha to address safety and inspection to be administered by the Department of Industry. week not including Sunday from 8 AM until 8 PM, but the inside concerns." Item 7 be added "The hours of operation be six days a use would not be restricted. Mr. Schmidt made a motion to amend Resolution 187-90 with the above items and Mr. Hulbert seconded. Upon a roll call vote the motion to amend the resolution passed 6 to 1 with Chairman Salentine, Messrs. Raimann, Hulbert, Schmidt, Ald. Sanders and Ms. Rector voting for the amendement and Mr. Honl voting against. Upon a roll call vote the motion to adopt the amended resolution passed with a vote of 6 to 1 with Chairman Salentine, Messrs. Raimann, Hulbert, resolution and Mr. Honl voting against it. Schmidt, Ald. Sanders and Ms. Rector voting for the amended BREANN RIDGE FINAL PLAT h DEED RESTRICTION APPROVAL - The Recording Secretary read Resolution #P.C. 188-90, Approval of Final Plat h Deed Restrictions for Breann Ridge Subdivision SW 1/4 of Section 10. Mr. Raimann moved for adoption and Ms. Rector association, can the restrictions be enforced; if the seconded. Mr. Lee questioned without a structured homeowner's architectural control committee is out of business after a short Kozey discussed the ownership. He commented he will have a 10 period of time, who enforces the affected property owners? Mr. car garage in the back of two buildings on Bay Lane. Mr. Hulbert asked about the money taken in lieu of sewer and water? Upon a unan imous 1 y. roll call vote the motion to adopt the resolution passed Pg. 4, Plan Commission Minutes BREANN RIDGE SUBDIVISION TEMPORARY SIGN & BANNER - The Recording Secretarv read Resolution f1P.C. 189-90. ApproVal of Hulbert moved for adoption and Mr. Schmidt seconded. Mr. Lee temporary sign and-banner for Breann Ridge, Gerald Kozey. Mr. stated the temporary sign and banner can be up for one year with 6 month extensions. The buildings are all the same. Eventually the sign will be brick and block. Mr. Kozey will move the banner about when Jacob Court would be paved, Mr. Kozey said he got from building to building for the most visibility. When asked sewer plan approval last week; he hopes to get rid of the mud by fall. Upon a roll call vote the motion to adopt passed unanimously. APPROVAL OF CERTIFIED SURVEY MAP-STEVEN MOSER - The Recordinn Secretarv read Resolution #190-90. Amroval of Certifie; Survey Map in the North 1 /2 of Section 11. Mr. Honl moved for adoption and Ald. Sanders seconded. Mr. Lee said when the sketch was approved the land dedicated for public street purposes wasn't indicated. Upon a roll call vote the motion to adopt passed unanimously. . &. TEMPORARY SIGN FOR MUSKEG0 PROFESSIONAL CENTER - The Recording Secretary read Resolution 11191-90, Request to grant 6 month extension for 4' x 8' temporary sign at S73 W16750 Janesville Rd. Mr. Schmidt moved for adoption and Mrs. Rector 0 seconded. Mr. Hulbert asked why a request for an extension of the property has taken place? Mr. Lee said the owner's wife is the time the sign will be up was being given when no action on the only tenant for the building at this time and they hope for vote the motion to adopt passed unanimously. another tenant before beginning construction. Upon a roll call SECOND GARAGE STRUCTURE (30' X 60') AT W21Y S7688 , CROWBAR-FRANK KESSELRING - The Recording Secretary read Resolution 11192-90, Approval to construct a 30' x 60' second " 1 garage structure. Mr. Hulbert moved for adoption and Ald. Sanders seconded. Mr. Schmidt questioned the size of the lot. Mr. Lee stated the Plan Commission can grant a second garage structure up to 1% of the lot -- undeveloped area can have a reconsider the way second garage structures are approved, as several very large buildings are being constructed in inappropriate areas--sometimes near the lot line. The Chairman notices of this this proposed structure had responded? She said asked the Recording Secretary if any of the residents mailed none had responded. Upon a roll call vote the motion to adopt passed unanimously. i i greater percent. Mr. Schmidt requested that the Plan Commission i SKETCH AT S69 W12871 WOODS ROAD-LESTER GERLACH - The Recording Secretary read Resolution 1/193-90, Approval of 5 lot , a land division sketch. Mrs. Rector moved for adoption and Mr. I Raimann seconded. Mr. Gerlach explained that the rear of the Pg. 5, Plan Comm. Minutes 11/6/90 different sketches for the Plan Commission. Mr. Lee said he land is wooded and two lots would be deadlocked. He prepared two doesn't like the sketch which isn't lined up with the intersection. The one with the jog isn't a good choice. There isn't a problem with creek drainage -- only from the ditches. The commissioners were concerned with the width of the lots for will consider this when he submits something again for buildable space and felt they could be realigned. Mr. Gerlach unanimously. approval. Upon a roll call vote the motion to adopt passed SECOND GARAGE STRUCTURE (30' X 35')-S68 W19236 LEMBEZEDER DRIVE FOR CLEM LA CHAPELLE. - The Recording Secretary read Resolution #P.C. 194-90, Apprx of 30' x 35' second garage structure. Mr. Hulbert moved fb; adoption and Mr. Honl seconded. Mr. La Chapelle said he would remove the other building on the premises and use this new structure for the storage of boats. The Chairman asked the Recording Secretary if any residents notified of the proposed structure had responded? She said none. Upon a roll call vote the motion to adopt passed unanimously. - - APPROVAL OF BLDG., SITE & OPERATION PLAN-W180 57799 PIONEER DRIVE-R fi R LEIGHTON CONTRACTORS, INC. - The Recording Secretary read Resolution #P.C. 195-90, Approval of building, site ti operation plan. Mr. Honl moved for adoption and Mr. Schmidt seconded. A1 Biwer was present for R Et R Leighton Contractors, Inc. and said this would be a mother and daughter operated business. He plans to drywall the main area. Some of his equipment will remain in the building until it can be sold. Mr. Biwer wanted to correct the wording in the resolution to state the business is for retail sale and not for antique reproduction work. There will not be stripping solvents, etc. to to state "Whereas, This building will be used for retail sale of refinish wood. Mrs. Rector made a motion to amend the resolution crafts and antique reproductions." Upon a voice vote the motion to adopt passed unanimously. Mr. Rairnann seconded. After more discussion Mr. Schmidt made a motion to further amend the resolution to add "Whereas, The hours of operation will be from 9 AM to 9 PM." Mr. Hulbert seconded. Upon a voice vote the motion vote the motion to adopt the twice amended resolution passed to amend the resolution passed unanimously. Upon a roll call unanimous ly . . __ - FENCING-W146 S6450 TESS CORNERS, WARNER CABLE - The Recording Secretary read Resolution #P.C. 196-90. Mr. Honl moved for APPROVAL OF AMENDED SITE PLAN TO INSTALL CHAIN LINK adoption and Mr. Hulbert seconded. Mr. Raimann asked why the fenced area would be gravel? Mr. Keith Sayre, the representative from Warner Cable asked what other specifications the commissioners would require? It was stated that if you have over four vehicles and are within 500' of residents, a hard surface PE. 6. Plan Comm. Minutes 11/6/90 I would be needed. Mr. Honl made a motion to amend the resolution to change the word "graveled" to a hard surface as per code and "Whereas, Landscaping to be provided with ten 4' evergreen trees planted in front of the building." Upon a roll call vote the motion to adopt passed unanimously. MISCELLANEOUS BUSINESS: Mr. Honl wanted to discuss cars for sale in the middle of town. He felt the commission should be restricting the sales. Mr. Hulbert felt personal vehicles are permitted to be sold. Mr. Raimann felt only one car should be permitted--it will be hard to police. Mr. Lee was requested to send a letter of clarification to E.J. Salentine and Laurie Czaplewski concerning the number of cars for sale in one year. Mr. Schmidt was concerned about Marlan Meadows on Martin without Plan Commission approval just because he attached the Drive where a big garage structure has been connected to a house roof by means of a breezeway. Mr. Lee said he added to an existing garage by the roof and had the same frost footings. There was some discussion about approval given by the architectural committee in subdivisions. 0 aesthetical look of the taxidermy pole building in the Muskego Mr. Hulbert stated he wasn't pleased with the Business/Industrial Park. He had not been in favor of the construction when it passed and is disappointed in the 'way it a copy of the resolution and minutes from the meeting where it looks when completed. The Recording Secretary gave the Chairman was approved and it seemed that they have built it according to what was approved. ADJOURNMENT : Mr. Raimann moved for adoption at 9 30 P.M. and Mr. Honl seconded. Upon a voice vote the motion to adjourn passed unanimously. Respectfully submitted H&ck Cheryl Schmidt Recoiding Secretary