PCM199107160 CITY OF MUSKEG0
PLAN COMMISSION
MINUTES OF THE MEETING HELD ON JULY 16, 1991.
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Mayor Wayne Salentine called the meeting to order at 7:lO P.M.
Honl, Jerald Hulbert, Ald. Dave Sanders, Jack Schmidt and Director
PRESENT: Mayor Salentine, Edward Raimann, Dottie Rector, Darl
Gene Kovacs.
ABSENT: No one.
MINUTES: Mr. Schmidt made a motion to approve the Minutes of the
July 2, 1991 meeting. Mr. Honl seconded. Upon a voice vote, the
motion to adopt the minutes passed unanimously.
OLD BUSINESS:
Resolution #66-91--Approval of expansion and amendment to
conditional use qrant #15, Strasser. Discussion concerning
expansion of hours. Chairman Salentine said this discussion will
give the applicants a change to explain their request and would be
treated as a public hearing (the neighboring residents were
notified). Gene Kovacs noted Resol #66-91 has already been
passed, but at the last meeting it was agreed upon by all Plan
Commissioners to review the Strasser's request for an expansion of
hours at this meeting. Mr. Marv Strasser explained the business
has been there since 1945 and the surrounding residents knew it
was there when they moved in. He feels there shouldn't be any set
hours on the business. Mr. Jack Strasser also said nothing has
changed--they just want to expand. He talked about the truck
noise control, cleaning the lot line, constructing a nice fence
and feels they have tried to address all concerns. Ms. Camille
Trapp, who lives on Hwy. L next to the gravel pit spoke in behalf
of the Strasser's request. A resident, who lives on Lot 8 in
Kristin Downs asked the Strassers what hours are they proposing,
as they had no objection to I AM to I PM earlier? Marvin Strasser
responded he wasn't aware of the restrictions until brought up at
original conditional use grant had no time restrictions. Two area
a Board of Appeals meeting on June 21th. Gene Kovacs said the
problem. They would like to see a restriction on the times the
residents complained about the noise and fumes still being a
trucks come and go. The discussion then centered around the old
lots to the north and the "new" lots to the south and the
difference in the type of trucking done in each area. Jack
Strasser said the "new" area to the south would be used to store
disabled vehicles. Gene Kovacs further clarified the use of the
north end of the property (existing business area) and asked if
responded that they could park up to 20-22 total vehicles. Mr.
all 15 vehicles could be parked in this area? Marv Strasser
Hulbert expressed concern about the other "new" area to the rear
and the hours set for that portion of the business. Ald. Sanders
asked if the truckers had guidelines to follow, so they would idle
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Plan Commission Minutes
July 16, 1991
Page 2
personally and will speak to them. Mr. Honl suggested a yearly
the trucks. Marv responded that he knows all the truckers
review in order to address the neighbor's complaints and monitor
the area. He made a motion to amend Resolution #66-91 to require
a yearly review to monitor the operation to address the neighbor's
concerns. Chairman Salentine said it would be hard for the
Strassers to invest in their property with this requirement. The
whether there are complaints or not. Mr. Hulbert seconded Mr. Planning Dept. should review all Conditional Use Grants yearly
Honl's motion. Upon a roll call vote the motion to require yearly
review of the operation passed by a vote of 4 to 3 with Messrs.
Raimann, Hulbert, Honl and Mrs. Rector voting for the amendment
Mayor Salentine, Mr. Schmidt and Ald. Sanders voting against.
Further discussion involved clarification of item #l. in the
resolution. The Strassers agreed to limit drive-in traffic to the
rear lots, (the "new" three (3) lots holding area) for disabled
vehicles and vehicles being serviced, and to establish hours from
I AM to I PM. The area to the north will not have restrictions on
their hours and will be used to park the 15 tractor/trailer
trucks. Item 85 will be eliminated. Voting on the amended
Upon a roll call vote the motion to "table" passed unanimously.
resolution was delayed to vote to "table" Resol. #P.C. 66-91.
Mr. Honl made a motion to create Resolution #P.C. 66-91-A with the
previously discussed amendments:
In the third "Whereas" eliminate the words "and also on three
adjoining lots"; add yearly review of the operation; item #l to
read "Limit drive-in traffic to the rear lots in the "new" three
serviced); the vehicles to be stored outside to be parked within (3) lots holding area (for disabled vehicles and vehicles being
the fenced storage area and to establish hours from I AM to I
PM." The area to the north will not have restrictions on their
hours. Item #5 will be eliminated. Mr. Schmidt seconded. Upon a
roll call vote the motion to adopt newly created Resolution
66-91-A passed unanimously.
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distribute yard waste over property located at SllO W14800 Union
Church Dr. for BFI. Chairman Salentine announced that the
applicant had requested that this item be removed from the agenda
RESOLUTION #P.C. 119-91--Approval of conditional use qrant to
and be placed on the August 6th agenda.
RESOLUTION #P.C. 121-91--Approval of buildinq, site and
Chairman Salentine said this resolution is on the floor. The
operation plan at S83 W20411 Janesville Road-Walter Bohrer.
resolution was deferred for review of the property through an "on
site" inspection of the diner at its present location in
Waukesha. Gene Kovacs, Darl Honl and Chairman Salentine
inspected the diner. Gene had taken pictures which were passed
out to the commissioners. He reported that: 1. The exterior
needs to be patched and cleaned; 2. The interior needs
renovation. He recommends the applicant be required to comply
with certain conditions. Mr. Honl reported his support depends on
how good the applicant intends to restore the diner (ceiling and
booths need to be repaird). Chairman Salentine reported he was
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Plan Commission Minutes
July 16, 1991
Page 3
impressed with the EO seat capacity and the applicant intends to
construct a new entry with nice landscaping before occupancy. Mr.
Bohrer said he will place the diner on the property right away and
serve fast food items for breakfast and lunch. Ms. Camille Trapp,
who owns 35 acres at ,585 W21531 Janesville commented on the
placement of the diner and the detriment to the area. Mr. Hulbert
asked what time period Mr. Bohrer had to move this dinner onto his
weeks and in 9 months be done with the construction, landscaping,
site? Mr. Bohrer said he'd like to move it in the next six (6)
etc. Mr. Hulbert was concerned about the possibility of money
become tight and not finishing the project, as in its present
state of repair it should not be left there. Perhaps a bond could
be required for financial guarantee to be used in case the diner
needs to be removed. A comment was made that the diner should not
be connected to anything else and remain separate from other
structures on the site. Mr. Raimann asked if it wasn't used as a
diner in the future what could it be used for? Gene Kovacs said
that since the zoning is Agricultural with Highway Service
Overlay, another use could be obtained for the diner. Mr. Bohrer
said the addition to the diner would include men and ladies
County "L" has not been given yet. The commissioners felt the restrooms, storage room and walk-in cooler. The entrance off
entrance should be off the front and divorce the business away
from the other businesses on the site. Gene felt there would be
enough truck parking available. Ald. Sanders made a motion to
amend Resol. #P.C. 121-91 to add another Be It Further Resolved,
That the cost of a penalty provision be determined for a bond,
letter of credit or financial guarantee. Mr. Honl seconded. Upon
a roll call vote the motion to amend the resolution passed
unanimously. Mr. Honl made a motion to further amend the
resolution to read: 1-If the County approval is obtained, the
site plan would include an entrance off County Trunk "L" or an
asphalted service road to the front of the water plant be
provided; 2- That the permanent foundation be in place before the
diner is brought to the site; 3- that landscaping be provided;
4-that signage, lighting be in place prior to occupancy with
approval first given by the Plan Commission; 5- if the restaurant
is not in operating condition within one (1) year starting from
the time the building permit is issued, it would be removed. Ald.
Sanders seconded. Upon a roll call vote the motion to adopt the
twice amended resolution passed unanimously.
NEW BUSINESS:
Resolution #P.C. 124-91--Approval of conditional use grant for the
operation of a day care facility for Judith R. Masch of Judi's Day
Care, 575 W17301 Janesville Road. The Recording Sec'y. read
Resol. #P.C. 124-91. Mr. Honl moved for adoption and Mrs. Rector
seconded. Mr. Hulbert asked if the mechanics were okay and the
status of the air conditioning unit on the roof? Bob McAdams
responded that there will not be a refrigeration unit on the roof
as was needed for the Pick 'n Save store -- there will be less
units when the day care is in operation. Judi Masch spoke about
Plan Commission Minutes
July 16, 1991
Page 4
question also arose about the traffic generated on Lannon at
the need for traffic control because of people speeding. A
along Lannon Rd. causing traffic problems recently. Gene Kovacs
6 AM since the Commission was concerned about the developments
presented Ald. Taube's concern for the additional traffic that
will impact Lannon Drive and the need for a fourth lane to handle
present and future traffic. He requested the committee to discuss
this issue. Chairman Salentine said the engineer recommended that
Lannon would be upgraded to a three lane road. The traffic from
the day care would be less than Pick 'Save's former store
generated. As far as the water/sewer, they will be serviced by
city sewer and the individual well inside the building will be
building said they will apply for a sign later. Judi doesn't plan
tested. Bruce of EMC Homes, who will be doing work on the
on a dumpster for the garbage generated and will take it out with
her at night. Mr. McAdams commented that the compacter is going
back inside the building. There was more discussion about the
exterior of the building and planters to present a better visual
effect. Mr. Hulbert made a motion to amend Resol. #P.C. 124-91 by
adding: 5- institute traffic control measures if and when
needed; 6- that no cars, boats or other vehicles be offered for
sale; 7- grass cut between Janesville and parking lot; 8- old
decorative flower boxes be placed next to front of building. Mr.
signage removed, light poles painted or removed; 9- exterior
Honl seconded. Upon a roll call vote the motion to amend the
resolution passed unanimously. Upon a roll call vote the motion
to adopt the amended resolution passed unanimously.
Resolution #P.C. 125-91--Approval of extraterritorial certified
survey map in the SW 1/4 of Section 8, Town of Norway for Gilbert
& Norma Fries. The Recording Sec'y. read Resol. #P.C. 125-91.
Mr. Schmidt made a motion to adopt and Mr. Hulbert seconded.
After some discussion a roll call vote was taken and the
resolution passed unanimously.
Resolution #P.C. 126-91--Approval of extraterritorial certified
Ann Hansen. The Recording Sec'y. read Resol. #P.C. 126-91. Ald.
survey map in the NW 1/4 of Section 5, Town of Norway for Wayne ti
discussion a roll call vote was taken and the resolution passed
Sanders moved for adoption and Mr. Raimann seconded. After some
unanimously.
Resolution #P.C. 127-91--Approval of 2nd garage structure for P.
Eidler at S74 W13800 Courtland Lane. The Recording Sec'y. read
Resol. #P.C. 127-91. Mr. Raimann moved for adoption and Mr.
Schmidt seconded. Mr. Eidler was asked what type of "cat" he was
storing in the structure? He said it was a 1958 John Deere
caterpillar which he will use for agricultural landscaping. The
Recording Sec'y. noted all residents located within 100' of the
property had been notified and non had responded. Upon a roll
call vote the motion to adopt passed unanimously.
Plan Commission Minutes
July 16, 1991
Page 5
Resolution #P.C. 128-91--Approval of final plat for Lake Point
The Recording Sec'y. read Resol. 128-91. Mrs. Rector moved for
Estates West in the SW 1/4 of Section 10 by Kaerek Bldrs. Inc.
adoption and Mr. Honl seconded. Stan Potrykus was present. He
said this plat is the same layout as the preliminary plat for Lake
Point Estates Addn. #1 which was approved. Harbor Lane has been
eliminated and renamed "Marina Dr.". Lot 12 is under the average
said Waukesha County Park E, Planning had no objection. The City
lot size but the Commission can grant a variance. Gene Kovacs
Engineers had technical items. There was some discussion about a
storm drainage study, lots on the WEPCO Right of Way and approval
from the Public Works Committee. Upon a roll call vote the motion
to adopt passed unanimously.
Resolution #P.C. 129-91--Approval of site plan for Muskego High
School Athletic Field Development. The Recording Sec'y. read
Resol. 129-91. Ald. Sanders moved for adoption and Mr. Hulbert
what will happen to the softball diamond? He responded there
seconded. Mr. Hulbert asked the representative from Bray Assoc.
won't be one for this season--they are planned for the second
phase. There was discussion about the school budget and funds
provided for this project. Upon a roll call vote the motion to
adopt passed unanimously.
Resolution #P.C. 130-91--Approval of sketch for land division in
the SE 1/4 of Section 17 by Harold DeBack. The Recording Sec'y.
read Resol. 130-91. Mr. Schmidt moved for adoption and Mr.
with 15,000 sq. ft. lots which the proposed plat allows, but won't
Raimann seconded. Gene Kovacs said the existing zoning is RS-3
allow for duplex use. The OD overlay requires double the lot size
and the plan wouldn't meet those requirements. Another option is
RS-3/0PD and the lot size is determined by the Plan Commission and
the Common Council. The property could be rezoned RSA, which
Mr. DeBack favored RSA with 10,000 per unit. Gene said he hadn't
allows duplexes up to 8 families side by side with units attached.
seen the construction drawings. Mr. DeBack said he is planning
owner-occupied units. He has a problem with the terrain in the
area. Woodcrest development to the east (Todd Bushberger) has
duplexes with single families. There was some concern that the
be notified about the possible rezoning. They would like his
land owner to the west (Lauren Rausch), who has RS-3 zoning should
DeBack would have to amend the floodplain map to build in a
input. Gene Kovacs also talked about the 100 year flood -- Mr.
certain area of his land. Chairman Salentine said the sewer
capacity for these lots would be serviced through a main. Ald.
Sanders questioned why there were only two exits onto Woods Road
for the whole 5 acres. Mr. DeBack said he would have each lot
share a drive with a good size culvert. Mr. Raimann discussed
having RS-3 to the east and RS-3 to the west and RSA in the
middle. Mr. Bushberger was denied multi-family. He will be
notifed if a rezoning public hearing is held. There was more
multi and hold the density; PUD controls the development and with
discussion concerning the type of zoning. RS-3/0PD would allow
RSA zoning could allow Lot 4 to be divided with easements across
Plan Commission Minutes
July 16, 1991
Page 6
the other lots. Mr. DeBack said the SE corner is only buildable.
The commissioners felt Mr. Rausch and Bushberger should be
notified for their input. Mr. Hulbert made a motion to amend the
resolution to add in the Be It Further Resolved, that the Plan
Upon a voice vote the motion to amend passed unanimously. Upon a
Commission be receptive to a RS-3/0PD zoning. Mr. Honl seconded.
roll call vote the motion to adopt the amended resolution passed
unanimously.
Resolution #P.C. 131-91--Approval to rezone property in the SW 1/4
of Section 9 from RS-2 to RSA for Wm. E. Paschke, Jr. The
Recording Sec'y. read the resolution. Mr. Honl made a motion to
adopt and Ald. Sanders seconded. Pat & Jess Johnson, residents
who live on Kelly have a problem with this area being developed.
They want to know what the buildings will look like. Resol.
114-91 required the rezoning to RSA be subject to deed
restrictions with site approval. Chairman Salentine said the road
right of way for sewer/utilities improvement would be dedicated by
the city. There was a lengthy discussion about building quality
single and multi-family structures.(need for double garages).
Some felt the area was poorly planned. Mr. Paschke was involved
attend. Gene said the Comprehensive Study Committee likes
as the representative for the Kelly family. He was unable to
duplexes mixed with single family. Mr. Honl made a motion to
amend the resolution to change the 4th Whereas to read "The duplex
use of a portion of this property (Lots 2-7) would provide a good
transition between the Willow Pond Apts. multi-family use and
single-family homes on the east", and Whereas, Lots 1, 8, 9 and
area"; and change Therefore Be It Resolved, "That the Plan
10 would be more compatible for single-family development in the
Commission recommend approval for the rezoning of Lots 2-7 of this
Mr. Hulbert seconded. Upon a voice vote the motion to amend
property located in the SW 1/4 of Section 9 from RS-2 to RSA."
passed unanimously. Upon a roll call vote the motion to adopt the
amended resolution passed unanimously.
There was some discussion about the condition of Willow Pond Apts.
and having the Building Inspection check and Gene would report
back.
MISCELLANEOUS BUSINESS:
the letter of credit has landscaping money; the entrance was
temporary access for fire protection.
Willow Pond - There was concern about the need to cut grass --
the city to be distributed to all Plan Commission members.
A request was made for a set of all new subdivision maps in
site project will need too much fill; Chief Johnson has been
contacted. Mr. Hulbert talked about the ROW bike path and
playground.
Gene also talked about the DNR's opinion that the historical
week intervals for all organizations was also discussed. The
Blanket approval for temporary banners over Hwy. L for two
July 16, 1991
Plan Commission Minutes
Page I
commissioners liked the idea of public service groups getting
permission from the Plan Dept. of Mayor's Office without Plan
Commission approval, but that fireworks signs, etc. would be
different and need approval.
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Chairman Salentine talked about the base flow and Scott
Krause's development of 600 homes.
Mr. Honl made a motion to adjourn the meeting at 11:OO P.M. and
Mr. Raimann seconded. Upon a voice vote the motion carried.
Respectfully submitted,
Cheryl Sc6midt
Recording Sec'y.
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CITY OF MUSKEG0
W182 58200 Racine Avenue, Muskego, WI 53150 - Phone 679-4100
MEMORANDUM
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TO : Residents
FROM : Gene Kovacs, Planning & Development
DATE : July 9, 1991
RE : Conditional Use Grant-Marvin & Jack Strasser
This is to advise you that the Plan Commission on July 16, 1991 at
7:OO P.M. in the Council Chambers will consider a request by
Marvin & Jack Strasser to amend condition #5 of their previously
approved conditional use grant.
Condition 85 concerns the entering and exiting of vehicles in the
exit during normal business hours which are 7:OO AM to 7:OO PM,
outdoor storage area. It was approved that they should enter and
Monday through Friday and 7:OO AM to 6:OO PM on Saturday and
closed on Sunday. Marvin & Jack Strasser are requesting the Plan
Commission to expand the hours during which these vehicles could
enter and exit the site.
You are invited to the Plan Commission meeting to discuss this
proposed revision.
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