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PCM19920407CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF APRIL 7, 1992 MEETING PRESENT: Mayor Wayne G. Salentine, Mr. Edward Raimann, Jerald Hulbert (7:20 PM), Ald. Dave Sanders, Mr. Darl Honl, Mr. Jack Schmidt, Traci Smith and Lawrence Kirch, Director of Planning. ABSENT : No one. Chairman Salentine called the meeting to order at 7:OO PM. MINUTES : Mr. Raimann made a motion to approve the Minutes of the March 17 1992, Meeting and Mr. Honl seconded. Upon a voice vote, the motion to approve the minutes passed unanimously. OLD BUSINESS: Buckv Lowe. W208 58151 Hillendale Drive. NE 1/4 of Section 18. Resolution #P.C. 34-92--Approval of land division sketch for DEFE~RED TO JUNE 2, 1992 PLAN COMMISSION MEETING ~~ ~~ ~ division (subdivision) at W208 S8285 Hillendale Drive for Larry Resolution #P.C. 45-92" Approval of sketch for land Schmidt. 'DEFERRED TO'JUNE 2, 1992 PLAN COMMISSION MEETING - NEW BUSINESS : (conditional use) to B-2 to allow the continued operation of a Resolution #P.C. 64-92 - Approval of zoning change from RSA tavern within a business zoning district by Lynn Kurer (Bushy's Pub) at 567 W14831 Janesville Road. Chairman Salentine said there would be discussion first before being placed on the floor to decide "approval/disapproval", since the resolution was written that way by staff. He asked Mr. Kirch if he had anything to add. Mr. Kirch said a Conditional Use was granted in 1962, zoning was RSA in 1963 and at one time was zoned agricultural. The applicant the Plan Commission for a public hearing for any future is applying for the rezoning to avoid having to come back before expansions. Mrs. Lynn Kurer spoke about the lot size being 27,000 sq. ft. including the graveled area. Mr. Kirch said the certified survey map says one acre. Mrs. Kurer said she intended to continue to expand by remodeling. The B-2 zoning would just require her to bring the plans to the Building Inspection Department for approval. Mr. Kirch told her she would need a site plan for B-2 zoning. Medical Associates is on tonight's agenda for site plan approval because they are doing something different. Ald. Sanders said he is trying to read the City Attorney's response in a letter dated April 2, 1992 to interpret 2 Plan Commission Meeting April 7, 1992 his recomendation to the Plan Commission. Mr. Kirch said taverns are a conditional use in Agricultural zoning. Mr. Raimann questioned changing the zoning since it is in a residential area. Mrs. Kurer said she only has so much square footage to work with. Mr. Kirch informed the commissioners on what uses could go into the premises, but that any use needs site plan approval. Mr. Schmidt asked if RSA allows this use? Mr. Kirch said no, it is considered residential. After reading Atty. Molter's opinion, the anyway. It would appear we are probably dealing with a legal commissioners interpreted it to mean they are there "by right" non-conforming use and not a conditional use. Mrs. Kurer said the bank recommended she get the proper zoning for a loan. Mr. Kirch read Ald. Simmon's memo, which said he checked with people in the district and has no objection, but if roudiness is a problem, it should be handled immediately. Mr. Honl made a motion to adopt the word "approval" and Mr. Schmidt seconded. Upon a voice vote the motion passed unanimously. Ald. Sanders asked if site plan approval is necessary? Mr. Kirch said in a B-2 zoning a site plan is requested, but not a condition. Mr. Hulbert said he has a question on parking requirements with the expansion? How many cars can you park on your premises? Mr. Kirch said the City has a code requirement on the number of bar stool spaces and parking spaces in Section 6.04(1) it states one space for every 100 PFA. Mrs. Kurer said she has 35-40 car spaces, which is adequate. She has checked with the Building Inspection Department and found the bathrooms are adquate. The business hours would affect the volleyball area she intends to construct. Her hours would be motion to adopt passed unanimously. similar to other taverns in Muskego. Upon a roll call vote the to RS-3/0IP to add on to Kurth Park in the NE 1/4 of Section 11 by Resolution #P.C. 65-92 - Approval of zoning change from RS-3 the City of Muskego. Mr. Hulbert moved for adoption and Mr. Schmidt seconded. Upon a roll call vote the motion to adopt passed unanimously. RS-3/0PD to RS-3/0IP to allow for the exuansion of Muskeao Countv Resolution #P.C. 66-92- Approval of zoning change from ~~~ __ ~~~ ~~ ~ ~ ~~ Park by the City. of musk ego^ in the SE l/i of Section 8. Mr. Hulbert moved for adoption and Ald. Sanders seconded. Mr. Hulbert asked about the County Park entrances and whether the City had a resolution adopting same? Chairman Salentine said there should be the County should be approached so that residents would have more some identification. This park remained in County ownership, and of a chance to use the park. Mr. Kirch said he had heard from the owner of Lot 130, who expressed concern with the road being graveled. He has talked with John Loughney about this. Maybe the road should be graveled with wood chips on the gravel. Mr. Hulbert was concerned that residents in the future would convince the County that no entrance to the public should be at this point of the developer's agreement with the City of Muskego. Perhaps in the subdivision. Chairman Salentine said this amenity was part the County should be approached to get the outlots dedicated to < - 0 the City. Mr. Honl didn't want the outlots the responsibility of 3 Plan Commission Meeting April 7, 1992 the City. It was decided to refer this matter to the Park Board. Upon a roll call vote the motion to adopt passed unanimously. for Charlene Sieamund and Sharon Sauires in the NE 1/4 of Section Resolution #P.C. 67-92- Approval of certified survey map 18. Mr. Raimann-moved for adoption and Mrs. Smith seconded. Ald. Sanders commented he didn't remember the lots not meeting the requirement in the original sketch. The original sketch was passed around for review. The Comprehensive Plan is reviewing this type of situation. Mrs. Squires said they are just making the lots more in conformance since sketch approval. Upon a roll call vote the motion to adopt passed by a vote of 6 to 1 with Mayor Salentine, Mr. Raimann, Mr. Hulbert, Mr. Honl, Mrs. Smith and Mr. Schmidt voting for the resolution and Ald. Sanders voting against. and operation plan for St. Francis Bank at S74 W17100 Janesville Road. Mr. Schmidt moved for adoption and Mr. Honl seconded. The representative from St. Francis said there was a traffic problem and this plan will slow down the traffic so people can go through the north side. They will be separate from the Parkland Mall complex. The parking area will not be cut down. Ald. Sanders was concerned about the curbs near the lot line. After looking at the plan, it doesn't appear to be a problem. There will be a 3' x 3' square for trees, as shown on the site plan. Upon a roll call vote the motion to adopt passed unanimously. Resolution #P.C. 68-92 - Approval of revised building, site Resolution #P.C. 69-92 - Approval of legal lot status for Gary Wickert, owner, requested by Omni Design at S70 W17716 Muskego Drive. Mr. Honl moved for adoption and Mrs. Smith seconded. Mr. Marty Josz of Omni Design was present and said the ground. Residents within 100' of the property were notified and lot in question is lot .118, which is a buildable lot on high one neighbor, Dan Plautz, W176 S7007 Wildwood Drive, said he was opposed to the lot being created. Another neighbor had called asking for clarification of the map. The Common Council will have to approve this at their meeting also. There was some discussion about the lots granted legal lot status next door in 1988 referred to as .119 and .105.(no building yet). Lot .119 is almost identical in size, but lot .118 has a nicer building site. Upon a roll call vote the motion to adopt passed unanimously. extraterritorial Dreliminarv Dlat for Nordic Ridae. SE 1/4 of Resolution #P.C. 70-92 - Approval of revised Section 5, Town of Norway. -M>. Hulbert moved fo; adoption and Mr. and they said their addressing grid system isn't like the City of Schmidt seconded. Mr. Kirch said he had talked to Racine County Muskego's, so we have less problems with street names. Upon a roll call vote the motion to adopt passed unanimously. operation plan and liqhtinq for Medical Associates of Muskeqo Ltd. Resolution #P.C. 71-92 - Approval of revised building, site, at S69 W15636 Janesviile Road. Mr. Raimann moved for adoption and 4 Plan Commission Meeting April 7, 1992 of Muskego Ltd. said Dr. Peter Geiss is bringing in another Ald. Sanders seconded. The representative for Medical Associates partner and they need more space. Additional parking with 15 stalls in back will be provided. He showed a sketch to the commissioners. Chairman Salentine asked about drainage problems. The representative for Medical Associates showed what is planned on the sketch. The landscape plan was not included but shown on Mr. Honl was concerned that mature trees be planted with at least the sketch. Trees and shrubs will be planted on Janesville Road. passed unanimously. 2 1/2 inch caliper. Upon a roll call vote the motion to adopt Resolution #P.C. 72-92 - Approval of deed restrictions for Settler's Creek Subdivision in the NE 1/4 of Section 11 (Durham Mr. Hulbert seconded. Mr. Kirch said he had spoke with Mr. Robert Drive) for Robert Klenz. Mrs. Smith made a motion to adopt and Klenz, who had requested the resolution be changed to read RS-2 zoning not RS-3 zoning. Mr. Hulbert was concerned about sections of the deed restrictions, particularly under #4. on page 2 "No structure of any kind shall be moved onto any lot and no living quarters of temporary character shall be permitted at any time, it being the intention that only permanent private dwellings and garages shall be permitted." Mr. Kirch said the neighbors have to enforce the deed restrictions. It was noted on page 2, #7. garden Ald. Sanders felt we need to clarify whether second garage sheds were mentioned in the last sentence in the last paragraph. structures (sheds) are excluded. Storage sheds could be considered to be permanent. Mr. Kirch said under 120 sq. ft., no Plan Commission approval is needed. Mr. Raimann asked if on page the 900 sq. ft. on first floor requirement? Mr. Kirch said the 2, under 3., C. concerning two-story dwellings, did we always have Director of Building Inspection has a calculation he uses for this. Chairman Salentine said if you follow RS-2 zoning it is the resolution to change the wording to RS-2 and further clarify 1,400 sq. ft. for a two-story. Mr. Hulbert made a motion to amend the section on storage sheds in #.4 and #.7 on page 2 of the deed restrictions. Mr. Klenz will have to rewrite the deed motion to amend passed unanimously. Upon a roll call vote the restrictions prior to signing the plat. Upon a voice vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 73-92 - Approval of certified survey map Honl moved for adoption and Mr. Schmidt seconded. Chairman for Lowell Peterson in the NW 1/4 of Section 11 (Woods Road). Mr. an update on the Board of Appeals ruling, which they had been Salentine asked for discussion. Mr. Kirch gave the commissioners where the Board granted the appeal of the Plan Commission's provided copies of minutes, etc. from the March 26, 1992 meeting decision regarding land division as requested. The hardship being the unreasonable road dedication of 50'. He had talked to Mr. Chuck Dykstra, Director of Building Inspection, who had attended the Board of Appeals Meeting on March 26, 1992, and he said the again. The Board also had another condition that all present and Board believed the Plan Commission should review the request 5 Plan Commission Meeting April 7, 1992 Mr. Kirch and Chairman Salentine contacted Attorney Molter for an future buildings will conform to the legal offsets and setbacks. opinion for future cases. Ald. Sanders said he is concerned that Appeals for approval. The Plan Commission did the proper thing every undersized lot will feel they can go before the Board of the first time. Many commissioners felt a policy should be established to handle these situations. Perhaps the Director of Plan Commission's decision. It was mentioned that the Circuit Planning will attend the Board of Appeals meeting to present the Court could become involved in this process. Atty. Molter has said that the Board of Appeals has the right to override the Plan Commission. Mr. Hulbert questioned what maps this 100' dedication appeared and whether everyone involved viewed them? Mr. Kirch responded that the right-of-way map has existed for many years and anytime a person comes to the City Hall, they can look at the map. There was some discussion on a neighbor's approval (Mr. Moser's in NW 1/4 of Section 11 in November 1990). Upon a roll call vote the motion to adopt the resolution passed by a vote of 4 to 3 with Mayor Salentine, Mr. Raimann, Mr. Honl and Mrs. Smith voting for the resolution and Mr. Hulbert, Ald. Sanders and Mr. Schmidt voting against the resolution. Resolution #P.C. 74-92 - Reauthorization of approval of certified survey map for Chester Spitzner in the SW 1/4 of Section seconded. Upon a roll call vote the motion to adopt passed 17 (Woods Road). Mr. Schmidt moved for adoption and Mr. Hulbert unanimously. for Parcel 4 fDeBacks Subdivision)-SE 1/4 of Section 17 fWoods Resolution #P.C. 75-92 - Approval of duplex building plans Road) for Donna Raml. Mr. Raimann moved for adoption and Mr. Honl Mr. Jim Blis, the architect distributed copies of his plan and seconded. Chairman Salentine asked if the applicant was present. said he was before the Plan Commission a few months ago for the subdivision for Mr. DeBack. He went on to explain the plans for a two-family, two-story, three bedroom structure. The sketch he showed indicated the elevations. He said one of the units will be owner occupied--each unit being 1,800 sq. ft. in size. Ald. Sanders asked if the front elevation will face south? Mr. Blis Mr. Hulbert asked what they intend to use for buildings said it would as the driveway is from the south of the 4 acres. materials? Mr. Blis responded they will have a wood rail, vinyl siding with an asphalt roof--no brick planned. Both units would have decks. They don't have landscape plans with them today. The commissioners wanted to see landscape plans before occupancy of the structure. Upon a roll call vote the motion to adopt passed unanimously. MISCELLANEOUS BUSINESS: DISCUSSION -- Mr. Dale Kreil's request to use a building which presently has a Conditional Use Grant to locate a retail boat sales business at 566 W14427 Janesville Road. Mr. Kirch gave the commissioners some background on this request. He has brought 6 Plan Commission Meeting April 7, 1992 this matter to their attention to see whether boat sales would be an expansion warranting a public hearing to be held. The building has a conditional use for a cable company. Mr. Kreil is requesting an indoor showroom, screened area, displaying some boats outside the gate area on Janesville Road. Mr. Kirch said he Common Council has adopted strict guidelines for parking. Ald. had heard from Ald. Simmons, who expressed opposition since the Taube tried to clarify this further by saying the Tess Corners Fire Department had requested the City to try to get the parking away from the four corners. Waukesha County has been contacted concerning parking restrictions for that intersection. The City Mr. John Ingersoll, owner of Rays Garage, which is the site in had not intended to adopt guidelines for this particular area. question for Mr. Kreil, said he had bought the assets for the site in 1986 and had operated the site for display of garden tractors and related materials outside during normal business hours. The conditional use of the building included: 2. Existing railroad tie sales 1. Existing trucking and mechanical work 3. Proposed cable television offices/sales The old conditional use had permitted tow trucks. He commented on the letter to the Planning Commission from Ingersoll Cable Corporation on April 17, 1986, in which it was stated approximately 25 people will be working out of this location. Mr. Kreil has plans for only 5 and up to 10 employees with perhaps 50 customers per day. When Mr. Ingersoll operated the business there, they far exceeded that amount of customers, so Mr. Kreil's request is for a reduction in the use. It is a great place for a retail business. There is ample parking. He felt a precedent has been set by Muskego Marine in 1971, when Gerry Lee was the Building Inspector. Chairman Salentine said the question is whether there is a need for a public hearing. We still review conditional uses. Mr. expire, and if Mr. Kreil's lease doesn't work out, he'd have to Ingersoll said he doesn't want the old conditional use grant to what is already granted at this site. Several members questioned come back to the Plan Commission for a public hearing to get back whether Mr. Ingersoll is moving out or would be occupying part of the building. Mr. Ingersoll responded as long as Dale's there, he wouldn't move in and would state so in a letter. Mr. Schmidt asked about the hours of operation--6:OO AM to midnight. Mr. Kreil responded he is open 9 AM to 6 PM now, so 8:00 AM to 6:OO PM be up to the curb. Mr. Ingersoll said there is an 8' bike path in is satisfactory. Mr. Honl asked that the display of the boats not Angle parking provides for at least 25 spaces in a full row on the front of the parking area, and a walkway in front of the church. east side of the building. Chairman polled the members to see whether a public hearing should be held. The vote was unanimous be on the April 21st Plan Commission agenda for an amendment to not to have a public hearing. It was noted that a resolution will the conditional use and a site plan should be submitted. Mr. 7 Plan Commission Meeting April 7, 1992 0 at this location is also required. Ingersoll's letter stating one business at a time to be operated - DISCUSSION -- Clarification of the parking area requirement for Michael Fischer at 566 W14543 Janesville Road. Mr. Dale Kreil, a partner in the operation stated he had come in to sign the original conditional use granted by the Plan Commission, but questioned the intent of the paving of the gravel parking area. He thought just gravel was to be provided. After some discussion, April 21st meeting to clarify this, as there is grass there now. it was determined to place a new resolution on the agenda at the Gemini Drive in the Muskego Industrial Park. Mr. Ken Gummo was - DISCUSSION -- Auto sales at Muskego Automotive, S81 W18510 present for discussion as to whether a public hearing will be held to permit auto sales at this location. Mr. Kirch said Ordinance as a conditional use. The question is, does the addition of auto #432, to amend Chapter 17 of the Municipal Code lists auto sales sales warrant expansion for a public hearing? The parking lot will be expanded to display vehicles. There was a conditional use his request. Mr. Kirch noted there was also a request for a for auto repair in 1985. Mr. Gummo distributed papers supporting Salentine polled the members to see whether a public hearing was freestanding sign, which is permitted in 1-1 zoning. Chairman required to be held for this use and the vote was unanimous that it was. Mr. Gummo was informed to proceed to meet the deadlines public hearing. Mr. Gum0 asked how his operation is different to be on the May 5, 1992 Plan Commission meeting agenda for a from the one discussed just before his? Some discussion followed. Mr. Kirch said Mr. Tom Repischak has already made application for -DISCUSSION -- Rep's Dam Tavern (Cesar's) Conditional Use Grant. a public hearing and paid his fees for the May 5th agenda. He has deck area with seating. The members were unanimous that this a similar request to Bushy's Pub and is requesting to enclose a needed a public hearing. 0 Adjournment: Mr. Hulbert made a motion to adjourn at 9:15 PM and Mrs. Smith seconded. Upon a voice vote the motion to adjourn passed unanimously. I Respectfully submitted, Cheryl 2chmidt Recording Secretary '. cds