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PCM19940104CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON JANUARY 4, 1994 Mayor David DeAngelis called the meeting to order at 7:OOp.m. PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners, Raimann, Honl, Smith, Vitt, Hulbert and Director Matthew Sadowski. ABSENT: None MINUTES: Commissioner Smith made a motion to approve the Minutes of the December 21, 1993 Meeting. Commissioner Hulbert seconded. Upon a voice vote the motion to adopt passed unanimously. OLD BUSINESS: RESOLUTION XP.C.228-93 -- Approval of amended Building, Site and Operation Plan by Michael A. Haessly for St. Francis Bank located at 574 W17100 Janesville Road. Deferred from December 21, time the petitioner is requesting that this be deferred to allow 1993 meeting. Chairman De Angelis explained that at the present additional time to prepare the various designs. Commissioner Hulbert made a motion to a defer, Ald. Taube seconded. Upon a voice vote, Resolution #P.C. 228-93 passed unanimously. CONSENT AGENDA: Two Sided Sign by Illumination, Inc. for Ameritech Building RESOLUTION #P.C.Ol-94 -- Approval to Construct One Permanent located on 575 W17425 Janesville Road. Ald. Taube made a motion to adopt, Commissioner Raimann seconded. Upon a roll call vote, Resolution #P.C. 01-94 passed unanimously. RESOLUTION XP.C.02-94 -- Approval of Extraterritorial Certified Survey Map for Two (2) Parcels by Interline Survey Services, Inc. for the Scherbarth Property located in the SE 1/4 of Section 8, Town of Norway. Ald. Taube made a motion to adopt, Commissioner Raimann seconded. Upon a roll call vote, Resolution #P.C. 02-94 passed unanimously. NEW BUSINESS : RESOLUTION IP.C.03-94 -- Approval of Certified Survey Map of Two Parcels by Metropolitan Engineering for Robert & Sandra Hoormann located in the NW 1/4 of Section 10. (Janesville Road and Bay Lane extension) Commissioner Honl made a motion to adopt, Commissioner Smith seconded. Chairman De Angelis stated affected by this land division. Director Sadowski indicated that that the shared access between the two parcels will not be this resolution should be amended by changing #2 of the THEREFORE northern most 100'. After further conversation, Ald. Taube made a BE IT RESOLVED to read ..... Bay Lane Drive Extension on the Pg. 2 Plan Commission Minutes 01/04/94 motion to amend by changing #2 of the THEREFORE BE IT RESOLVED to read ..... Bay Lane Drive Extension on the northern most loo',, Commissioner Vitt seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 03-94 passed unanimously. RESOLUTION ltP.C.04-94 -- Approval of Final Plat of Lakeview Highlands North Subdivision in the SW 1/4 of Section 5 (Racine Avenue). Commissioner Smith made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski reviewed and discussed the questioned whether the grading and drainage plans take into following items that were causing concern. Director Sadowski account the quantity of additional storm water drainage to CTH "Y" from this development. Director Sadowski was satisfied that this was taken into account as the project engineer has submitted appropriate information to the County Highway Department. Second: there should be a notation placed on the face of the Final Plat indicating that Lots 38 & 39 actual buildable area is decrease by the floodplain therefore creating a decreased amount of square the face of the Final Plat and in the deed restrictions indicating footage for a building pad. Third: a note should be placed on responsible for the maintenance of both the 30' planting easements that the property owners in Lakeview Highlands North are dedication along the stream for a green way path to the planned as well as the outlots. Fourth: the Park Board would like park. Fifth: restrict the access of lots 23, 18, 17, 7, 34 & lots in question would have access off of other streets and it 39. These lots would not have access to Adrian Drive. All the would allow for a safer thoroughfare. And that these lots have a 50' access restriction measured from Adrian Drive. Sixth: the square footage of Lot 24 excluding the 60' access & drainage concerned with the easement. The county questioned whether a easement should be depicted on the Final Plat. The county is also Although it would be a substandard intersection because of the dedicated right-of-way would be appropriate for this location. angle, it would be a dedicated right-of-way rather than an easement. Director Sadowski also indicated that the Building Department has expressed concern with the landscaping of the lift station, said lift station should be aesthetically pleasing. Another concern of the Building Department is the street name of Highland Court. It is similar to another street, Highland Park Drive, and should consider renaming the said court. Mr. Will Hein, engineer from Jahnke & Jahnke, is very concerned with the access restriction from Adrian Drive for Lots 23, 18, 17 & 7. Specifically lots 7 & 17. The topography of Lot 7 would necessitate the driveway being from Adrian Drive. The current proposed building pads for Lots 17, 18 and 23 are to face Adrian Drive. The proposed homeowner should have some control over how their house will sit. If the access is restricted on Lot 17 the existing topography would not make for an ideal situation. garage will have to be on the other side of the lot and the restricted to the northern portion of the lot. Mr. Hein indicated Director Sadowski questioned whether the access to Lot 7 could be Pg. 3 Plan Commission Minutes 01/04/94 that the garage would have to be a basement entry garage, Director Sadowski stated that his suggestion of restriction is not a code requirement, but for public safety. Chairman De Angelis is concerned with creating a poor situation for a homeowner in the event that the restriction may create a driveway that could be what would the concern be. Mr. Hein stated that if the house under water at times. Commissioner Vitt asked if Lot 17 is higher faced Adrian Drive, any water would tend to run down to the driveway location creating an unsafe driveway. Commissioner would be affected tremendously. Mr. Hein agreed that Lots 7 & 17 Raimann questioned whether Lots 7 & 17 are the only lots that would be affected most greatly and that access restriction on Lots the importance of public safety feels that it is important to 18 & 23 would be workable. Chairman De Angelis while recognizing allow the homeowner to choose the location of the driveway. Mr. Hein asked what the commissioners feelings were regarding 60' access easement on Lot 24. He explained that this easement allows for access to the remnant parcel still owned by Mr. Dawson. Mr. Hein indicated that they did not intend to create a public street, but an access for Mr. Dawson. Ald. Taube feels that this should be a dedicated right-of-way. Commissioners Hulbert & Vitt agreed noting that it would be a substantial angle for an intersection. Chairman De Angelis asked if the dedicated right-of-way will create an unbuildable parcel. Mr. Hein indicated that it would be buildable, but the buildable area would not be as large as with only the easement. All commissioners were in agreement that it should be a dedicated right-of-way instead of an easement. Mr. Hein questioned the exact area the Park Board is interested the meander line and the tree line along the creek. One of the in. Commissioner Hulbert indicated that it is the area between reasons is because this creek is a tributary to the Muskego Lakes. Commissioner Hulbert asked if there is currently a drainage pond in this area. Mr. Hein indicated yes. Commissioner Hulbert did not feel it was the park boards intent to include the dedication would include all of outlot 1 and part of outlot 2 from area of the drainage pond. Director Sadowski stated that the the creek to the meander line. Chairman De Angelis asked if Mr. Hein is agreeable to all that has been discussed and proposed by the commission. Mr. Hein indicated that he will have to resubmit to the State, but has no objection as long as the Plan Director can answer all of his questions prior to the submittal. Additionally, mr. Hein stated he would grant the City an extension on the review time. Director Sadowski stated that this item will have to go in front well is required. Mr. Eberhardt, engineer from Ruekert & Mielke, of the Public Utilities meeting in to determine if a community the DNR had given this development the direction to apply in mass stated that at the last Public Utilities meeting Nancy Payne from Pg. 4 Plan Commission Minutes 01/04/94 Meadows. Mr. Eberhardt also stated that the Public Utilities for the individual wells for this subdivision as well as Lakewood well. committee did not direct the developers to apply for the community Commissioner Honl made a motion to defer, Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 04-94 passed unanimously. RESOLUTION #P.C.O5-94 -- Recommendation of the Plan Commission on the Proposed Amendment to Chapter 14, Section 1.5 the Unnamed Tributary of the Muskego Canal located in the Plum (2) of the Floodplain Zoning Ordinance for the Property area of Creek East Subdivision. Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Mr. Carity explained the history of this property and the rezoning. Chairman De Angelis asked if these are as-builts of the site. Mr. Klimeck indicated that the drawings that were submitted were field certified and are true and correct. Chairman De Angelis asked for a statement to be added indicating that the submitted drawings are the as-builts. Mr. Klimeck agreed. agreed to send a letter to affected property owners indicating In a related matter to the subdivision in general, the developers that the bike paths will be installed in 1994. And that the Waukesha County Register of Deeds if it is not noted on the Final developers engineer will file an affidavit of correction with be copied on said affidavit. Plat that it is a Bike Path and Drainage Easement. The City will Commissioner Vitt made a motion to amend the resolution be adding the following language to the third (3rd) WHEREAS and to BE IT FURTHER RESOLVED, .... Department of Natural Resources and Federal Emergency Management Agency. Commissioner Honl seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 05-94 passed unanimously. RESOLUTION #P.C.O6-94 -- Recommendation of the Plan Commission on the Proposed Amendment to Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance for the Property area of the Unnamed Tributary of the Muskego Canal located in the Plum Creek Addition #1 Subdivision. Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Mr. Klimeck, engineer, explained the rezoning petition. The retention pond in parcel 1 Creek Addition #l. It is also the intent to add an area to the of the proposed rezoning will be for half of Plum Creek and Plum Floodplain for compensation of the storage of water. It is not currently shown on the petition, but the petitioners would like it DNR regarding the revised location of the storage. to be added. They are presently waiting for a response from the Pg. 5 Plan Commission Minutes 01/04/94 Mr. Patch indicated that this compensating storage area still allows for the recreational area; it adds to the area's aesthetic value. Director Sadowski stated that with the proposed addition to the change is considered a substantial one. Chairman De Angelis felt Floodplain a new public hearing may need to be scheduled if the that it was necessary to get an opinion from the City Attorney prior to deciding whether this change is substantial. Commissioner Honl made a motion to amend the resolution by adding the following language to the third (3rd) WHEREAS and to BE IT FURTHER RESOLVED, .... Department of Natural Resources and Federal Emergency Management Agency. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 06-94 passed unanimously. Theodore Luedtke located at S91 W13723 Boxhorn Drive. Ald. Taube made a motion to adopt, Commissioner Hulbert seconded. Chairman De Angelis why the petitioner would be removing only one of the numerous sheds. The one in front is for kids toys, the one by the house has been there and is permanent and the third one will be moved closer to the new barn. It houses small goats. Chairman De Angelis asked if the petitioner is aware of the restriction of number of livestock. Mr. Luedtke is aware of the be a ridge light and a 1' overhang. The building will be brown restriction. The building will not have any windows, there will with tan trim and a tan roof. Commissioner Vitt asked if the petitioner will be running a business out of this building. Mr. Luedtke indicated that he would not. Director Sadowski asked if the petitioner has changed his plans from what is submitted. Mr. Luedtke indicated it has been revised. The access will be via a gravel drive. Director Sadowski stated that a site plan must be submitted giving the well and septic location. Upon a roll call vote, Resolution #P.C. 07-94 passed unanimously. RESOLUTION tP.C.07-94 -- Approval of 26' x 27' Pole Barn for Edward H. Lanke €i Jerry Schultz (JSE Electric) of Two Lots located RESOLUTION #P.C.O8-94 -- Approval of Certified Survey Map in the NE 1/4 of Section 17. Commissioner Hulbert made a motion to adopt, Commissioner Smith seconded. Director Sadowski stated that the buildings on both of the parcels needs to be shown including the parking areas. Upon a roll call vote, Resolution #P.C. 08-94 passed 6-0-1 with Ald. Taube abstaining because JSE Electric is a customer of his. MISCELLANEOUS BUSINESS Commissioner Hulbert asked the status of Ronnie's Mobile Station. Director Sadowski indicated that the owners have submitted a Pg. 6 Plan Commission Minutes 01/04/94 petitioner for an amendment to their existing Conditional Use Grant. Commissioner Hulbert asked that a legal opinion be received prior to this meeting regarding this situation. Chairman De Angelis stated that the Plan Commission has every right to deny any request as long as there is justification. Commissioner Vitt stated that if it is denied the reasons must be spelled out exactly so that the Board of Appeals will understand. Commissioner Vitt indicated that according to state code any vehicles for sale must be on a paved area. Ald. Taube asked to have a legal opinion regarding applying state standards even if Angelis's opinion that the state codes can be applied through they are not encompassed into the City code. It is Chairman De the Building, Site and Operation Plan. Chairman De Angelis thanked Commissioner Vitt for joining the Plan Commission. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 9:00 p.m. Commissioner Smith seconded. Upon a voice vote, the motion to adjourn passed unanimously. a 0 0 submitted, Recording Secreta4 /