PCM19901204CITY OF MUSKEGO
PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON DECEMBER 4. 1990
Mayor Wayne Salentine called the meeting to order at 7 15 P.M.
PRESENT: Chairman Wayne Salentine. Edward Raimann. Alderman Dave
Sanders, Darl Honl, Dottie Rector, and Assistant Director Gene
Kovacs.
ABSENT Jerald Hulbert and Jack Schmidt.
MINUTES Mr. Honl moved to approve the Minutes of the November
motion passed unanimously.
20, 1990 meeting and Mrs. Rector seconded. Upon a voice vote the
NEW BUSINESS:
CONDITIONAL USE GRANT-APPROVAL OF NEW HOME & EXISTING
COTTAGE -- The Recording Secretarv read Resolution #P.C. 202-90.
Approval of conditiona1"use grant"to permit a new home along with
an existing cottage on Lots 22 and 23 in the Unrecorded Larson's
Subdivision for Joseph Albert. Mr. Raimann moved for adoption
and Mr. Honl seconded. Mr. Albert was asked when he planned to
build the new home and remove the cottage? Mr. Albert said he is
an architect representing the Jankowski's. It could be next
spring before the new home is built and 5-10 years until the
cottage is removed. Mr. Ken Werra. 5,110 W20682 S. Denoon Road
stated that in 1986 when he built his new house, he wasn't given
the option to leave the summer cottage up and tore his down, and
much square footage is involved? Mr. Albert responded the home
other neighbors had to do the same. Mr. Raimann questioned how
will be a 1 1/2 story 1,700 square foot structure with an exposed
lower level toward the lake. Mr. Raimann asked if the other
Mr. Kovacs said no. Mr. Albert commented that the guest house
people had requested permission to have their cottages remain.
was a very nice looking building and pictures were shown to the
Plan Commission members. Mrs. Rector asked Gene if there is
anything to prevent rental to people other than family? He said
no. Mr. Albert emphasized the cottage can only be used on a
seasonal basis as there is only a fireplace for heat. Mr. Ray
Christenson, President of the Lake Denoon Association (approx.
125 members) stated that the area residents were in opposition to
this cottage remaining. Chairman Salentine asked the Recording
Secretary how many residents had been notified of this Public
Hearing? She responded 9 residents located within 300' of the
property had been sent notices. Mrs. Rector said there are a
number of properties with two homes on the lake now. Some
discussion followed about different properties in the area.
Pg. 2, Plan Comm. Minutes 12/4/90
Chairman Salentine asked how many Lake Assn. Board members there
Commissioners in all fairness to the petitioners should defer
are? Mr. Christensen said 10-11. Mr. Raimann said the Plan
this resolution to the next scheduled meeting on December 18th.
That would be enough time for the association to meet even if
they had to call a special meeting. Ald. Dave Sanders felt the
drawing presented tonight could be shown at the meeting to better
explain the proposed structure. Mr. Albert said he would leave
well-constructed building, which would be an asset to the area.
it in the care of Gene Kovacs and the Plan Department. It is a
Mr. Raimann also asked if he could build another home on this
he would need to apply for either legal lot status or a land
property without Plan Commission approval. Gene responded that
permit to build the new house without any further approval
division to do so. Or, he could tear down the cottage and get a
necessary. Gene Kovacs said OLS zoning allows guest houses on a
made a motion to defer Resolution f1P.C. 202-90 until the next
seasonal basis if the Plan Commission approves it. Ald. Sanders
meeting on December 18, 1990 (2 weeks) and Mr. Honl seconded.
Upon a voice vote the motion to defer passed unanimously.
ANIMAL CLINIC ADDITION-DR. ELGEK - The Recording
Secretary read Resolution I1P.C. 203-90, Approval to construct 0 Janesville Road-Dr. Elger. Ald. Sanders made a motion to adopt addition- (16' x 38'8") to the Muskego Animal Clinic at S80 W19055
the resolution and Mrs. Rector seconded. Dr. Lee Elger said he
plans to build onto the front and east side of his existing
structure between himself and another business "Paradise
Pools". He'll add two examining rooms and a waiting room. Two
years ago he added to the back of the clinic and he intends to
blend this addition in with the existing structure as far as
materials. etc. Due to limitations with access to plumbing, this
will be his final addition. Mrs. Rector asked him how far he
will be from the lot line? Dr. ELger estimated 45'. This
addition will be where the present parking lot is. He will
provide other parking. Upon a roll call vote the motion to adopt
passed unanimously.
REZONE FOR NEW DUPLEX-VILAH DAVIS - The Recording
Secretary read Resolution f1P.C. 204-90, Approval to rezone
property in the NW 1/4 Section 4 from RS-2 to RS-2/0D to allow
Vilah Davis. Mr. Honl made a motion to adopt the resolution and the construction of a duplex on the above mentioned premises by
Mrs. Rector seconded. The Recording Secretary said 27 residents
within 300' of the property were notified of the Common Council
Public Hearing to be held on December 11, 1990. Mr. Kovacs said
this area is mixed -- mostly single family. Each unit would be
for approval because they felt there was some justification for
1,000 square feet in area. The department wrote this resolution
it. The building will be 32' x 40' with a garage on each end 0
Pg. 3, Plan Commission Minutes 12/4/90
(colonial style building). Mrs. Rector asked where on the lot
middle. Mrs. Rector responded that this would allow the house to
the building will be constructed? Mr. Davis said right in the
be away from the tavern across the street which is advantageous.
There was some discussion about having the driveway off Martin or
Jewel Crest. Chairman Salentine asked Mr. Davis why he wanted to
construct a duplex? He said he would rent one half or he would
live on the other half and his mother would live in one of the
units. Chairman Salentine asked why he wasn't asking for a
mother-in-law unit? He responded because it would have to be
Parcel 2 would need fill. Mr. Davis said if he built two single occupied by a relative at all times. Ald. Sanders commented that
family homes, he would loose trees and this wouldn't decrease the
traffic because it would still be two families. A petition
opposing the rezoning and presented by Kay Fabry, S64 W18363
Topaz Drive was read by the Recording Secretary. Mrs. Fabry told
the commissioners they oppose the rezoning because it will open
circle--channel (city-owned lot now listed as a double lot with
it up to more. There are available lots on Ruby Drive on the
adjoining neighbor). But, if the city doesn't sell this as a
double lot. two homes will be built there. Vilah Davis' son told
the commissioners that if the neighbors are concerned about the
number of children and noise, they will keep an eye on the
lease. They plan to be sensitive to the neighbor's needs. Mrs.
Rector commented that the Plan Commission can be trusted to look
at each individual petition and vote. This is a natural lot with
plan for the Common Council Public Hearing on December 11, lots of trees. The owner was told he needed an architectural
1990. Mrs. Fabry expressed her concern with the parking along
Martin h Topaz. Mr. Davis said the trees have taken over the
parking lot; he and his mother never gave permission for cars to
park there. They have tried to stop the parking. Cara Nayskett.
564 W18375 Topaz Drive expressed her opposition to this rezoning.
The petitioners in opposition to this rezoning were told to come
to the Common Council Public Hearing on December 11th to express
unanimous ly
their views. Upon a roll call vote the motion to adopt passed
property because they will only rent the duplex with a 30 day
LAWDANSKITGm-FOR ELKIN CO. - The Recording Secretary read
REZONE TO ALLOW EXISTING HOME TO BE USED AS - DUPLEX-CRAIG -
RksoTutionTP.C"205-90 ,Approval to rezone property addressed
as W151 S7762 Mystic Drive from RS-2 to RS-2/0D to allow an
existing home to be used as a duplex by Craig Lawdanski, Agent
for Elkin Company. Ald. Sanders made a motion to adopt the
resolution and Mr. Raimann seconded. The Recording Secretary
opposing the rezoning. She also read a petition in opposition
read a petition submitted by Earl, Florence h Marion Mayer
brought to the commissioner's attention complaints to the
from 19 people concerning the rezoning. Sonia Iglinski also
0 Pg. 4. Plan Commission Minutes, 12/4/90 -
police. A resident, Carol Keich, W152 S7751 Mystic Drive said
she wanted the farmhouse to remain as a single family. It was
for sale for $99,000 to convert to a duplex (with rentals) to
allow for a profit. She said this demonstrates why they do not
want a duplex there. John Micher, G1152 S7705 Mystic Drive said
there is no comparison to the price of his home and the price of
the duplex. Craig Lawdanski agreed there were problems with the
renters because of absentee owners for the last 6 months. He
said the house has two kitchens, two baths and two bedrooms in
each unit. The building department's records do not show this as
a duplex. Mr. Honl asked how do we know someone can live there -- does it meet code as far as living conditions? Chairman
Salentine said the commissioners should be looking at this as to
whether this is a proper place to put the duplex as far as
zoning, and if the building would not conform the city would
mentioned that this could have been investigated, but Gene said
given the owners direction as to how to fix it to comply. It was
the department's policy is to only enter the premises through a
code compliance or a request for inspection. The last inspection
this is before the Plan Commission. Ald. Dumke, the alderman of
inside was in 1968. A complaint was received and that is why
this district personally looked at the property and feels the
subdivision of 60-70 homes single family (unsewered) doesn't need
0 farmhouse as a single family, but object to a duplex and 30 acres
a duplex. In polling the residents, 100% don't object to the
Hart, W151 S7686 Mystic Drive said she can hear the renter's
rezoned. He has to take the word of the people. Mrs. Susan
music until 2:00, 3:OO and 4:OO AM and has reported it to the
police. If the farmhouse is turned into a duplex the area will
big two story homes which could possibly be built on the 30 acres
look old and shabby. She wants to keep the single family without
in the future. Another neighbor, Mrs. Judith Grosgorski, W150
S7690 Dorothy Drive wants them to comply with the code and have
the neighborhood stay with ranch style houses. The question
arose as to what will happen if this duplex zoning is denied?
Gene responded the owner will be subject to a citation to remove
Chairman said the Assessor's Office would have to review the
the two family facilities. Mr. Honl asked about the taxes? The
property. A comment was made that the Plan Commission can't
not. There was some discussion concerning how long this building
continue encouraging people to make something legal that is
has been a duplex? Some people thought it was since 1972 and
others only 7 years ago. Ald. Dumke's main objection was that
the 30 acres not be rezoned. Chairman Salentine assured him that
Ald. Sanders questioned what happens when sewers come in after
the area for the house will only be considered for rezoning.
the Plan Commission approves 1.8 acres? Lots could be split with
sewers. Ald. Sanders objected to that happening. Mrs. Iglinski
said she doesn't want to see the 30 acres split into small lots
because she left Franklin to move out to a rural area. Neighbors
expressed concern about the condition of the old barn on the
@ Pg. 5, Plan Commission Minutes 12/4/90
were sold? Craig Lawdanski said yes and they will close in March
It should be inspected. Mrs. Hart asked if the other ten acres
1991. The property will be sewered through an easement and
motion to adopt was defeated 4 to 1 with Mayor Salentine, Mr.
possibly be developed into 14 lots. Upon a roll call vote the
Honl, Mrs. Rector and Ald. Dave Sanders voting against the
approval and Mr. Raimann voting for the resolution to rezone.
MISCELLANEOUS BUSINESS:
COMPREHENSIVE PLAN STUDY COMMITTEE - time Kovacs
informed the commissioners about the latest developments with his
Land Use Plan which will be redefined and wind down after the
committee. Moreland Rd. extension was discussed as well as the
first of the year. The Mayor had attended one of the meetings
and had engaged in lengthy discussions with the committee.
Eventually the Plan Commission will have a work session to
recommend a plan to the Common Council. A public hearing will
have to be held. Most likely it will take several sessions to
consider amendments and listen to the public's input. Mayor
Salentine asked Gene how will people know these areas are being
changed? Gene said certain people would have to be notified with
the zoning changes. Gene said the comprehensive plan should be
development.
used as a decision making tool and guideline for future
ADJOURNMENT :
Mr. Raimann made a motion to adjourn and Mrs. Rector seconded.
The meeting ended at 8:50 P.M.
Respectfully submitted,
Cheryl Schmidt
Reco;ding Secretary
/ cs