PCM19910305CITY OF MUSKEG0
PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON MARCH 5, 1991
Mayor Wayne Salentine called the meeting to order at 7:OO P.M.
PRESENT: Chairman Wayne Salentine, Alderman David Sanders, Jerald
Hulbert, Edward Raimann, Dottie Rector, Darl Honl and Director
Gerald P. Lee.
ABSENT: Jack Schmidt
MINUTES: Mr. Hulbert made a motion to approve the minutes of the
February 19, 1991 meeting. Alderman Sanders seconded. Chairman
Salentine wanted to note for the record that he does not have a
daug-hter, but a daughter-in-law who lives in property adjacent to
and not in the condominiums as stated in the Minutes of the
February 19 meeting under "Old Business" (Hirschboeck Second
Garage Structure). Upon a voice vote, the motion to adopt passed
unanimously.
OLD BUSINESS:
ARCHITECTURAL APPROVAL OF FREESTANDING SIGN FOR K K FEDERAL
BANK- Resolution #P.C. 12-91, Architectural Approval of
Freestanding Sign, S63 W13700 Janesville Road;-Lincoln Point
Shopping Center. This resolution was deferred from the February 5
and February 19 Plan Commission meetings because a variance was
requested at the Board of Appeals meeting on February 28.
Director Lee stated that since a hardship could not be shown, the
Board of Appeals denied the request for a variance. Mr. Honl made
a motion to table the resolution and Mr. Hulbert seconded. Upon a
roll call vote, the motion to table passed unanimously.
NEW BUSINESS:
APPROVAL OF THREE PONDS FOR WILLOW POND APARTMENTS- The
recordinq secretary read Resolution #P.C. 21-91, ApproVal of three
ponds fo; Willow Pbnd Apartments, SW 1/4 of Section- 9 and NW 1/4
of Section 16 for William Paschke. Mrs. Rector moved for adoption
and Mr. Raimann seconded. Upon a roll call vote, the motion to
adopt the resolution passed unanimously.
APPROVAL OF FINAL PLAT FOR KARAH COURT SUBDIVISION-
The recording secretary read Resolution #P.C. 22-91, Approval of
Final Plat for Karah Court Subdivision SE 1/4 of Section 9.
Alderman Sanders moved for adoption and Mr. Honl seconded.
Director Lee informed the Commission that this had previously been
approved in two other stages. Upon a roll call vote, the motion
to adopt the resolution passed unanimously.
PLAN COMMISSION - PAGE 2
MARCH 5, 1991
APPROVAL OF FINAL PLAT FOR COLLEGE SQUARE SUBDIVISION- The
Secretary read Resolution #P.C. 23-91, Approval of Final Plat for
College Square Subdivision NE 1/4 of Section 5.
Mr. Raimann moved for adoption and Mr. Hulbert seconded.
Director Lee stated that a letter dated March 5 was received from
an easement was owned by Valley Sand and Gravel which was on the
attorneys representing Valley Sand and Gravel Company stating that
College Square property and not picked up before this time.
Mr. Groh, the developer of the College Square Development, stated
that the title company said the easement did not exist. Chairman
Salentine questioned Mr. Groh about Outlot 1, which is to be
conveyed to an adjoining property owner. Mr. Groh responded that
he is in the process of working with the property owner next door
to transfer the title.
Gravel and the author of the letter of objection, appeared before
Elizabeth Adelman, the attorney representing Valley Sand and
the Commission stating that the title company does not have the
right or authority to expunge the easement that belongs to her
client. She continued to say the easement is required by law and
since it is not shown on the final plat, it would be illegal for
the Plan Commision to adopt this resolution. Since there appeared
City Attorney, Mr. Hulbert moved to defer this resolution and Mr.
Honl seconded. Mr. Raimann asked whether the City Attorney had
looked into this. Attorney Adelman stated that she faxed a copy
of her letter to Attorney Molter on March 5 also. Mr. Groh asked
condition that the City Attorney approve it. Several members of
the Chairman if this resolution could be adopted with the
the Commission voiced the opinion that this matter was far too
be settled before coming to the Plan Commission for adoption.
complicated and felt that any legal problems such as these should
Upon a roll call vote, the decision to defer Resolution #P.C.
23-91, passed by a vote of 4 in favor to 2 opposed.
'e to be several legal questions that needed to be answered by the
APPROVAL OF DEED RESTRICTIONS FOR COLLEGE SQUARE
SUBDIVISION- Resolution #P.C. 24-91 Approval of the Deed
Restrictions for College Square Subdivision. Since this
resolution was directly related to Resolution #P.C. 23-91, which
was deferred, the Commission automatically deferred Resolution
#P.C. 24-91 and removed it from the agenda by consensus.
APPROVAL OF PRELIMINARY PLAT FOR COUNTRY BROOK ESTATES- The
recordinq secretary read Resolution #P.C. 25-91, Approval of the
Preliminary Plat for Country Brook Estates SE l/4 b? Section 16.
Hulbert questioned the developer, Mr. Miller, about the size of
Mr. Honl moved for adoption and Alderman Sanders seconded. Mr.
the outlot which would be used for a playground. Mr. Miller
responded that it was about 1 acre. Chairman Salentine and
several of the Plan Commission members felt this outlot would need
e MARCH 5, 1991 PLAN COMMISSION - PAGE 3
to be better identified as a private playground for the
subdivision. The question as to the maintenance of the outlot and
the other subdivision amenities was brought up. The developer
responsibilities of the subdivision.
needs to set up an association to take care of the financial
preliminary plat and want the developer to address these items
The Plan Commission outlined their specific concerns regarding the
before the final plat is brought before the Commission:
1. The Outlot
The Commission was concerned about the size of the outlot.
Commissioner Hulbert asked the developer if he would consider
giving more land to it? The Plan Commission also felt the
area needed to be identified properly to the public.
2. Required Easement
There was much discussion regarding a required easement
giving the city access to the sewers. Mayor Salentine
stated that Public Works requires a minimum of 20' for
Xloskowski, Utility Superintendent, was concerned about
their equipment. Alderman Simmons stated that Scott
his department's access to the sewers. The easement as
shown on the preliminary plat is only 15'. The developer
stated there was another 15' on each side (from Lots 40
and 41) which could be used. He stated it would be
asphalted. The Plan Commission wanted to be sure the
easement was shown to be wide enough when the Final Plat was
submitted.
3. Direct Access to Woods Road
The Commission wanted to know why the specific lots (1, 8,
23, 35 and 62) were mentioned in the resolution as having
access only to Clearbrook Drive. Alderman Sanders moved
to amend the resolution and Mrs. Rector seconded to have
the last paragraph read that "none of the lots can have
direct access to Woods Road." Upon a voice vote, the
motion passed unanimously. In that connection, it
was noted that the garages on Lots 62 and 35 would have
to be placed to the north. Mayor Salentine stated that
this should be in the deed restrictions.
4. Berms
There will be a 30' easement along the southern boundary
of Lots 1 through 8 which will contain berms to screen the
traffic.
PLAN COMMISSION - PAGE 4
MARCH 5, 1991
Chairman Salentine asked Mr. Miller if he had any plans for a
lighting scheme for the subdivision. He stated he did not.
Mr. Hulbert commented that a plan which would place a uniform
outside light on the front yard of each homeowner should be
considered as it can add greatly to the appearance of the
discussed would be in the Subdivider's Agreement and assured the
subdivision. Director Lee stated that many of the amenities being
Plan Commission and the developer that the Dept. of Planning and
with ideas. Upon a roll call vote, the amended resolution passed
Development would help him work out the details and provide him
unanimously.
APPROVAL OF SKETCH TO DIVIDE A ONE ACRE PARCEL-HUCKSTORF-
The recordinq secretary read Resolution #P.C. 26-91, Approval of
sketch to di;ide a one-acre parcel in the SW 1/4 of- Section 34 for
Tom Huckstorf. Mr. Hulbert moved for adoption and Alderman Sanders
seconded the motion. Director Lee stated that this is the first
create two homes to be permitted on an easement. There should be
lot being created from this farm land. This would in effect
a 60' road reservation when creating two buildable lots on an
easement. There is only 40' available and a 20' strip would have
to be purchased to have the 60' road reservation. Mr. Huckstorf
stated that the land was zoned EA (Exclusive Agriculture) and did
not perk. He did express concern about what would happen if
another family member wanted to create another lot in the future.
Mr. Lee stated that another division could create three homes on a
private driveway and the Plan Commission would have to consider at
that time whether a 60' road reservation would be necessary or
possibly even require a road to be developed. However, a second
dwelling could be permitted on the remaining acreage without a
division of land if the Plan Commission and Common Council approve
this land division. Alderman Sanders moved to amend the
resolution to delete a road reservation provision from the final
plat. Mr. Honl seconded the motion to amend. Chairman Salentine
called for a roll call vote, and the motion to amend passed
unanimously. The Commission was concerned about the final plat
stating that it was subject to a road assessment if more than one
additional lot was created. Mr. Lee suggested that the final
paragraph read, "THEREFORE BE IT RESOLVED, That it shall be noted
on the Final Plat that there may be a possible assessment in the
Alderman Sanders seconded. Upon a roll call vote, the amended
future for a road." Mr. Honl moved to adopt the amendment.
resolution passed unanimously.
PLAN COMMISSION - PAGE 5
MARCH 5, 1991
APPROVAL TO AMEND BUILDINGl SITE AND OPERATION PLAN FOR
ALVIN BASSE The recording secretary read Resolution #P.C. 27-91,
Approval to amend buildina, site and operation olan to allow a
2b' x 40' temporary greengouse and 10 sunscreen for Mr. Alvin
and Mr. Raimann seconded. Mr. Basse appeared before the Plan
Basse, S70 W16050 Janesville Road. Mr. Honl moved for adoption
present Building, Site and Operation Plan. He also was requesting
Commission requesting an expanded retail use which would amend his
a temporary 20' x 40' greenhouse, which he would like to leave up
all year long. Mr. Hulbert was concerned with how this would look
when the structure was not used. Mr. Basse stated that the
structure would remain but the plastic would be removed and the
hoops taken down when not in use. It was suggested that the
evergreen plantings shown be moved along the southside of the
temporary greenhouse. These plantings are to be 3 to 4 feet
high. The Plan Commission asked Mr. Basse what period of time the
temporary greenhouse would operate. Mr. Basse stated from April 1
to August 1. Mr. Honl moved to amend the resolution and Mr.
Hulbert seconded with the following amendments being made: 1.)
that the temporary greenhouse would operate from April 1 to August
1; 2.) when not in operation, the outside hoops of the
greenhouse would be removed; 3.) that mature trees of 3 to 4 feet
be planted along with southside of the greenhouse; 4.) that an
expanded retail use was being requested. Upon a roll call vote,
the amended resolution passed unanimously.
APPROVAL OF 21' X 60' TEMPORARY GREENHOUSE - PICK 'N SAVE-
The recordina secretary read Resolution #P.C. 28-91, Approval of
21 ' x 60' Temporary Greenhouse on the Pick 'N Save Lot;-S74
W17005 Janesville Road, Paul Ruszkiewicz and Ken Sternig. Mr.
Hulbert moved for adoption and Alderman Sanders seconded. Mayor
Salentine stated that he received many favorable comments
regarding the greenhouse last year. Mr. Ruszkiewicz and Mr.
Sternig were questioned about the size of the structure. They
stated is will be 12 feet longer than the one last year and be
turned to be perpendicular to the Pick 'N Save store. Director
Lee commented that this location is better. Storage is to be
inside except for some bags of dirt that will be kept outdoors.
Upon a roll call vote, the motion to adopt the resolution passed
unanimously.
APPROVAL OF 30' X 45' SECOND GARAGE STRUCTURE - DIETRICH-
The recording secretary read Resolution #P.C. 29-91, Approval of a
30' x 45' Second Garage Structure (Stable), S76 W20476 Hillendale
for John Dietrich. Mr. Honl moved for adoption and Mrs. Rector
would have a wood roof with shingles and would be painted to match
seconded. Mr. Dietrich told the Commission that the structure
The stable will be used to house a horse trailer also. Mr. Lee
the house. It will have steel siding and a dirt with gravel floor.
MARCH 5, 1991
PLAN COMMISSION - PAGE 6
told the Plan Commission that the size of the structure is
Mrs. Gillespie, one of the property owners notified of the
allowable based on the amount of acreage Mr. Dietrich has.
proposed structure, appeared before the Plan Commission.
She stated that she was concerned about the wetlands and wanted a
berm to be created to route the water down and away from her
property. Mrs. Gillespie presented the Chairman with an agreement
which the secretary was asked to read. It stated that the
Dietrichs will construct a berm along the northwest corner to
deter the water runoff onto the Gillespie property. This
agreement is to be signed by John and Linda Dietrich upon approval
Upon a roll call vote, the motion to adopt the resolution passed
of the requested structure and issuance of a building permit.
unanimously.
APPROVAL OF SECOND BUILDING FOR RAAB INVESTMENT IN THE
MUSKEG0 INDUSTRIAL PARK- The recording secretary read Resolution
#P.C. 30-91, Approval of Buildins, Site and Operation Plan for
second building- for Raab Investment located on the southwest
corner of Saturn and Racine. Mr. Raimann moved for adoption and
Mr. Hulbert seconded. Mr. Raab appeared before the Commission
stating that this second building would be similar to the first.
There will be two entrances to the building off of Challenger.
Upon a roll call vote, the motion to adopt passed unanimously.
~
MISCELLANEOUS BUSINESS:
Mr. Patch was not able to attend the meeting and withdrew his
Discussion on Affordable Housing and Housing Plan:
presentation from the agenda prior to the meeting. Mayor
Salentine believes that Mr. Patch should go before the
Mrs. Rector, also a member of that committee, stated that Mr.
Comprehensive Plan Study Committee with his plans to start.
Patch was working on an affordable housing development, probably
requiring government subsidies, to reach those people who could
not afford to purchase a lot and build a home in any of the
existing or proposed subdivisions.
Kurer-Salvage License:
Chairman Salentine stated that the City Clerk has asked the Plan
Commission for direction regarding the issuance of a municipal
salvage license since Mr. Kurer is required to obtain a state
license. Chairman Salentine reminded the Commission that they had
previously granted him the right to operate this salvage business
provided he keep the salvage inside. Mr. Lee confirmed that he is
City Clerk that since all of Mr. Kurer's operation is in contained
in compliance. The Plan Commission, therefore, will inform the
in the building, the City would not require him to obtain a
salvage license.
MARCH 5, 1991
PLAN COMMISSION - PAGE I
Mayor Salentine will propose a resolution to the Common Council
regarding sewer connection allocation by the City.
ADJOURNMENT:
Mr. Raiman moved to adjourn the meetina at 9:ZO P.M. and Mrs.
Rector seconded. Upon-a voice vote, the motion to adjourn passed
unanimously.
Respectfully submitted,
/ jmb
Recording Secretary