PCM19930316CITY OF MUSKEGO
PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON MARCH 16, 1993
Mayor Wayne Salentine called the meeting to order at 7:OO P.M.
PRESENT: Chairman Wayne Salentine, Mrs. Smith, Ald. Taube, Dave
DeAngelis, Jerry Hulbert and Director Larry Kirch.
ABSENT: Edward Raimann and Darl Honl (both excused)
MINUTES: Commissioner Hulbert made a motion to approve the
Minutes of the March 2, 1993 meeting. Commissioner DeAngelis
seconded. Upon a voice vote the motion to adopt passed
unanimously.
OLD BUSINESS:
Resolution #P.C. 26-93 -- Approval of Review and Renewal of
Krabbenhoft, S83 W20618 Janesville Road. Director Kirch
Permission for Parking of Semi-tractor with Trailer for John
Molter did indicate that this renewal of truck parking could be
explained Attorney Molter's letter. In the letter, Attorney
Grandfathered in under the 1983 definition which did not require 3
homes within 800'. Director Kirch noted that at the present time
original approval was given. Attorney Molter's letter also
the neighborhood is not any different than it was when the
explained that the Plan Commission can still deny the truck
parking if the neighborhood has changed at any future time of
unanimously.
renewal. Upon a roll call vote, Resolution #P.C. 26-93 passed
for Marc Addis for Four Lots in the NW 1/4 of Section 34 (Muskego
Resolution #P.C. 29-93 -- Approval of Certified Survey Map
Dam Drive). Director Kirch explained that the Army Corps of
Engineers were presently marking the wetland and suggested
deferring until the Certified Survey Map is submitted with the
Wetland Delineation. Ald. Taube made a motion to defer,
Commissioner DeAngelis seconded. Upon a voice vote, Resolution
#P.C. 29-93 was deferred.
Plat for the Lutsch Property C/O Shirley Krahn in the NE 1/4
Resolution XP.C. 43-93 -- Approval of Sketch for Preliminary
of Section ll(Woods Road and Freedom Ave.). Commissioner Hulbert
Commissioner Hulbert explained that the Park Board had moved to
and Chairman Salentine explained what had happened at Park Board.
himself and Pete, the Parks Director had met with Mr. & Mrs.
get an appraisal of the land. Chairman Salentine indicated that
Krahn and Mr. Potrykus. At this meeting it was suggested that
this time nothing has been received indicating this. Directo'r
the Krahns submit a suggested asking price for this land. At
Kirch indicated that sketch approval is not entirely binding, but
Pg. 2 Plan Commission Minutes 03/16/93
gives the developer direction for the preliminary plat. 0 Commissioner Hulbert made a motion to defer, Ald. Taube seconded.
Mr. Potrykus did not feel that deferring would accomplish
anything. The values are established whether the property is sold
as one parcel of land or individual parcels of land. He stated
that in deferring, the Plan Commission is keeping these
individuals at a stand still. Upon a roll call vote, the motion
to defer was 3-1-1 with Chairman Salentine voting nay and
Commissioner DeAngelis abstaining. Chairman Salentine asked why
Commissioner DeAngelis was abstaining. He indicated that he is
related to the petitioner. Chairman Salentine asked if anyone was
opposed to Commissioner DeAngelis voting even though he was
related. No one was opposed. Commissioner DeAngelis voted yea.
The motion to defer Resolution #P.C. 43-93 was passed 4-1 with
Chairman Salentine voting nay.
Resolution #P.C. 31-93 -- Approval of Conditional Use Grant
Locate a Gas Station and Convenience Store. (Possible
and Building, Site and Operation Plan for Kwik Trip Inc. to
Reconsideration) The Plan Commission decided to have discussion
before deciding whether to reconsider. Ald. Taube explained what
happened at the previous Common Council Meeting. Chairman
Development Ordinance allows the Common Council to amend a
Salentine explained that per Attorney Molter, the City's Planned
Building, Site and Operation Plan that has been approved by the
Planning Commission if the suggested development is a Planned Unit
Development. Mr. Hanson, Kwik Trip Representative, stated that
address the Planning Commission. Mr. Tessman explained that
KDDT is the land owner and not developer of this property.
He could not guarantee what his company would not be building.
Malls are now done by the Outlot's first and the mall last. It
is a piece by piece approach. Ald. Taube felt it was important to
see a conceptual view of the entire project similar to the one
shown in the Milwaukee Journal on Sunday, March 14 of a
Pick-N-Save. Ald. Taube also felt that an architect could carry
the characteristics of the Kwik Trip Building into a conceptual
sketch and tie all of it together. Ald. Patterson, present in the
audience, indicated that the Common Council would like Plan
Commission input and felt that the Plan Commission must view a
conceptual layout before reconsidering. After further discussion
conceptual sketch is submitted.
it was decided not to reconsider Resolution #P.C. 31-93 until a
0 Mr. Gary Tessman, a KDDT representative, was present to
Plum Creek Addition #1 and Plum Creek East in the NE 1/4, NW 1/4
Resolution #P.C. 39-93 -- Approval of Preliminary Plat for
and SE 1/4 of Section 17. (Possible Reconsideration). Chairman
Salentine explained that the Common Council referred this back to
the Plan Commission and that Attorney Molter felt that the Plan
Commission could grant a variance if the request met the
requirements for a variance set forth in Section 18:2.5. Mr.
Carity gave a recap of the time that has transpired so far for
this Flood Plain issue which is a large part of this phase. He
this project. He also explained that 19 lots would be affected by
Pg. 3 Plan Commission Minutes 03/16/93
Mr. Ron Ford, present in audience, did not agree with allowing
respectfully asked for the Plan Commission to grant the variance.
this variance. These ordinances are there to be followed not
stepped around. Mr. DeBack, present in audience, that the Plan
Commission needs to take this from Step 1 and follow it from
there. He agrees with Mr. Ford that the ordinances need to be
enforced, however, you can not expect a developer half way through
to change in mid-stream. This was not the first instance of this
and the developer has followed the same procedure that the other
developers followed. The secretary read a letter from Mr. Howard
Association. In his letter he indicated the need to enforce the
Schneider, Chairman of the Watershed Committee Little Muskego Lake
Commissioner Smith seconded. Upon a roll call vote, the motion to
ordinance. Commissioner Hulbert made a motion to reconsider,
reconsider passed 4-1 with Ald. Taube voting nay.
Commissioner Hulbert made a motion to amend Resolution #P.C. 39-93
to add a BE IT FURTHER RESOLVED, That the Plan Commission hereby
grants a variance in accordance with Section 18:2.5 wherein the
Plan Commission can permit variations in lot size under Section
amendment passed 4-1 with Ald. Taube voting nay. Upon a roll call
18:7.6. Commissioner Smith seconded. Upon a roll call vote, the
vote, amended Resolution #P.C. 39-93 passed unanimously.
Resolution #P.C. 49-93 -- Approval of Sketch for Land
Division and Certified Survey Map for Rufus Lowe for Two Lots in
the NE 1/4 of Section 18 (Hillendale Drive). (Possible
Reconsideration). Ald. Taube explained why the Common Council
referred this resolution back to the Plan Commission. Ald. Taube
made a motion for reconsideration, Commissioner Hulbert seconded.
Upon a voice vote, the motion to reconsider Resolution #P.C. 49-93
passed unanimously. Director Kirch indicated that the developer
had not yet submitted any Deed Restrictions, but that he was aware
that the developer was planning on making the minimum square foot
requirements of the house to be 2,000 sq ft and that only 2 story
homes be built. Ald. Taube made a motion to amend Resolution
#P.C. 49-93 in the in the THEREFORE BE IT RESOLVED, in the first
sentence to read: ..... approval to the Common Council subject
acceleration and deceleration lane, that has been approved by the
to: 1. Financial Agreement being established to guarantee an
Public Works Committee, that it be installed in conjunction with
the other Subdivision improvements, with the amount of Letter of
Credit to be established by the City Engineer; 2. Recording Deed
Restrictions no lees stringent than the City Ordinances and
similar to the Deed Restrictions for Country Brook Estates which
is a RS-l/OPD Subdivision and reviewed by the Planning Director;
of Lots 1 h 2 on to Hillendale Drive. Commissioner Hulbert
3. Note on face of Certified Survey Map restricting direct access
seconded. Upon a roll call vote, the motion to amend Resolution
#P.C. 49-93 passed unanimously. Upon a roll call vote, amended
Resolution #P.C. 49-93 passed unanimously.
m NEW BUSINESS:
Pg. 4 Plan Commission Minutes 03/16/93
and Operation Plan for Pattie's Pub, at 5102 W19570 Kelsey Drive.
Commissioner Smith made a motion to adopt, Commissioner Hulbert
present. The petitioner was not present. Director Kirch
seconded. Chairman Salentine asked if the petitioner was
indicated that from the resolution #4(Health Dept) was not an
issue, #5(Driveway) had not been done and that #6(Fence) had been
done. Director Kirch indicated that the gentleman did not want to
asphalt so they did not do anything to the building. And
#3(Codes) does not apply to Planning Dept.but to the Building
Dept. Ald. Sanders, present in audience, indicated that this was
his district and that he would like this matter deferred to allow
the petitioner to be present to see if a compromise could be
Commissioner Hulbert made a motion to amend Resolution #P.C. 51-93
reached with this property. He felt the porch was a good idea.
under the THEREFORE BE IT RESOLVED after #1 to read: 2. The
parking lot be asphalted within two years from the date that the
permit is issued. 3. Bonding or a Letter of Credit in the amount
of $5,000 be provided to guarantee asphalting of parking lot.
Ald. Taube seconded. Upon a roll call vote, the amendment passed
unanimously. Ald. Taube made a motion to defer Resolution #P.C.
motion to defer Resolution #P.C. 51-93 passed 4-1 with
51-93, Commissioner DeAngelis seconded. Upon a voice vote, the
Commissioner Hulbert voting nay.
Resolution #P.C. 51-93 -- Approval of Amended Building, Site
Resolution #P.C. 52-93 -- Approval of Sketch for Land
Division for Wayne Kopac for Three Parcels in the SW 1/4 of
Section 26. (Thode Drive). Commissioner Hulbert made a motion to
adopt, Commissioner Smith seconded. Director Kirch explained the
importance of showing wetlands on the sketch. Mr. Rich Eberhardt,
City Engineer who was present in the audience, explained that if a
remanant is greater than 20 acres than it may be waived from out
of the Certified Survey Map, but that less than 20 acres must be
part of the Certified Survey Map. If a road, street or navigable
water seperates a parcel of land it creates a land division.
Even if the parcel has the same Tax Key Number for both pieces of
land it is by law two pieces of land. Upon a roll call vote,
Resolution #P.C. 52-93 passed unanimously.
Resolution #P.C. 53-93 -- Approval of Amended Building, Site
and Operation Plan for the Parthanon Gyros Express, at 575
W17358 Janesville Road. Commissioner Hulbert made a motion to
adopt, Commissioner Smith seconded. Director Kirch explained that
the existing sign is non-conforming and that he directed the
petitioner that the sign may stay, but that the existing sign can
not be added to. They can change the sign to read the name of
their restaurant. Mr. Jim Mahos, the Engineer representing Mr.
Mahos was concerned whether the owners could paint a strip of
Jifas, explained the Building, Site and Operation Plan. Mr.
color on the building on three sides(simi1ar to A&W). The Plan
Commission did not have a problem as long as it was not a neon 0 that the building is to small to sprinkle. Mr. Mahos showed a
light. He also had been in contact with Mr. Dibbs and has found
photo of the remodeled A&W in Hales Corners. This building will
ion Minutes 03/16/93 Pg. 5 Plan Commiss
be similar to that
to amend the Resolution in the 4th paragraph to read: ... no neon
on the sign or the building, parking lot being resealed with
directional striping for the drive thru, hours of operation being
7 days a week from 1O:OO a.m. until 12:OO midnight, light pole
being no higher than the light pole at the Muskego Volunteer Fire
Dept. on Janesville Road, exterior of building being a buff
color, and obtaining ..... Ald. Taube seconded. Upon a roll call
vote, the amendment passed unanimously. Upon a roll call vote,
amended Resolution #P.C. 53-93 passed unanimously.
in color. Commissioner DeAngelis made a motion
Resolution #P,C. 54-93 -- Approval of Building, Site and
Operation Plan for the Great Lakes Dart Distributors submitted by
Gohr-Schwen, in the Muskego Industrial Park on Enterprise Drive.
Commissioner Smith made a motion to adopt, Commissioner DeAngelis
seconded. A representative from Gohr-Schwen, presented the
petitioner will be running 3 shifts with the third shift being a
Building, Site and Operation Plans. He also explained that the
will this facility receive. The representative from Gohr-Schwen
skeletal crew. Ald. Taube questioned how may overseas shipments
explained that it would be approximately 1 month and it takes 1-2
days to unload the shipment. All deliveries will be made to the
back of the building. He explained that they are using the dry
block instead of the cut face block because with dry block they
water resistant not repellant. Commissioner Smith made a motion
have color control and water repellence. Cut face block is only
to amend the resolution by removing #4 under THEREFORE BE IT
RESOLVED. Commissioner Hulbert seconded. Upon a voice vote, the
Resolution #P.C. 54-93 passed unanimously.
amendment passed unanimously. Upon a roll call vote, amended
Resolution #P.C. 55-93 -- Approval of Revised Building, Site
and Operation Plan for Stoney Creek Retirement Community in the SE
1/4 of Section 2. (Tess Corners Drive). Commissioner DeAngelis
made a motion to adopt, Commissioner Hulbert seconded. Mr. Bob
Barter, the Engineer, explained the Building, Site and Operation
Plan. The pond will have 4' of water most of the time. It is a
wet pond. It could dry up if it is a hot dry summer. A burm was
added to the Landscape plans. There will also be sod to the edge
of pond. The lighting plan shows 23 poles at 25' in height.
Commissioner DeAngelis questioned whether the height of the poles
could be lower with less wattage. The building elevation is 36'
and is zoned for only 30'. The petitioner must get a variance for
Planning Commission has the authority to grant a height variance
the 36' height elevation. Director Kirch did note that the
Zoning. The exterior of the building is brick half up and wood
if the Fire Department will okay it under the Planned Development
grain vinyl siding to the roof. The siding will be white color.
Ald. Taube and Commissioner Hulbert were unsure of the white
color. They possibly would like to see a buff color. The roof
pitch allows for a longer roof life. Commissioner Smith a motion
shingles are a cedar shake look that gives dimension. The steep
to amend the resolution by creating a BE IT FURTHER RESOLVED,
That the Master Grading Plan, Erosion Control Plan, Pond design
Pg. 6 Plan Commission Minutes 03/16/93
changes and the acceleration-deceleration lanes for Tees Corners
Engineers, and the lighting plans be reviewed by a qualified City
Engineer to ensure that they are not excessive, the building
height be approved by the Fire Department, and the siding of the
building be a creme, tan or buff color. Commissioner DeAngelis
seconded. Upon a roll call vote, the amendment passed
unanimously. Upon a roll call vote, amended Resolution #P.C.
55-93 passed unanimously.
Drive be approved by the Public Works Committee and City
Resolution #P.C. 56-93 -- Approval of Sketch for Spitzner
Subdivision in the SW 1/4 of Section 17 by Metropolitan
Engineering. (Woods Road) Commissioner Hulbert made a motion to
adopt, Commissioner DeAngelis seconded. Mr. Potrykus,
representing the Spitzners, indicated that Lot 7 could have
sewer and water from Woods Road if the dwelling was built by the
road and if it was built in the back it would have to have a perc
test done. Commissioner DeAngelis made a motion to amend the
resolution in the sixth paragraph to read:
that Lot 1 is not buildable without a perc test and that Lot 7 is
.... shoreland/wetlands, subject to Deed Restrictions stating
required to have a perc test if the dwelling is to be built beyond
300' of Woods Road but if it is built within 300' of Woods Road
then a perc test is not necessary. And in the seventh paragraph
Planning Commission and a City ....... Ald. Taube seconded.
to read: ... approval from the U.S. Army Corps of Engineers,the
Upon a voice vote the amendment passed unanimously. Upon a roll 0 call vote, amended Resolution #P.C. 56-93 passed unanimously.
Resolution #P.C. 57-93 -- Approval of Sketch for Land
Division for Kablitz Property for Four Lots in the SW 1/4 of
Section 17 by Metropolitan Engineering. (Woods Road)
Commissioner Smith made a motion to adopt, Commissioner DeAngelis
seconded. Ald. Taube had a concern regarding the curve of Woods
Road and the location of the driveway for Lot 1. Upon a roll call
vote, Resolution #P.C. 57-93 passed unanimously.
Resolution #P.C. 58-93 -- Approval of Certified Survey Map
for Harold DeBack for Two Lots in the NE 1/4 of Section 33.
Smith seconded. Mr. DeBack, the petitioner, questioned if
(Kelsey Drive) Ald. Taube made a motion to adopt, Commissioner
additional land was necessary for the right-of-way. Mr.
Eberhardt, City Engineer, indicated that Kelsey is on the map to
be extended to the north to Parker Drive. If the road was not
extended then it would mean taking 300' to 500' of property along
the curve for the right-of-way. Mr. DeBack has already dedicated
8O"lOO' property for right-of-way in this area. Mr. Eberhardt
indicated that if the speed limit at the curve was 25 mph there
would be no need for a land dedication. Upon a roll call vote,
Resolution #P.C. 58-93 passed unanimously. .. UISCEUANEOUS BUSINESS
I Pg. 7 Plan Commission Minutes 03/16/93
Director Kirch mentioned that Rudolf Heinrich and Gregory Boehm
had applied for a rezoning of their properties on Woods Road. It
will be at the Plan Commission on April 6, 1993.
Egg Products indicated that on Monday, March 22, 1993 the boiler
trailer should be removed.
Director Kirch has tried to reach Mr. Dale Kriel of Casonova's
Marina to no avail. After conversing with Mr. Ingersoll Mr. Kirch
will write a letter and follow up with the CUP. It is possible
that the Plan Commission could revoke the CUP.
ADJOURNMENT
midnight and Commissioner Hulbert seconded. Upon a voice vote,
Commissioner Smith made a motion to adjourn the meeting at
the motion to adjourn passed unanimously.
Respectfully submitted,
7 iiwm* Collette M. Klenz
Recording Secretad I
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