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PCM19950404CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON APRIL 4, 1995 Mayor David DeAngelis called the meeting to order at 7:05 p.m. PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners' Trejo, Assistant of Planning & Zoning. Schaumberg, Smith, Vitt and Director Matthew Sadowski and Carlos ABSENT: Commissioner's Honl and Hulbert (excused) Secretary reported that the meeting was properly noticed. MINUTES: Commissioner Vitt made a motion to approve the Minutes of the March 21, 1995, meeting as twice corrected. Commissioner Smith seconded. Upon a voice vote, the motion to adopt passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 17-95 -- Approval of a sketch for an additional 80 dwelling units along Overlook Bay Court. (Overlook Bay Phase I1 Concept) Deferred from March 21, 1995. Ald. Taube made a motion to defer to April 18, 1995, Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 17-95 was deferred. Grant to allow a Mother-in-Law Unit for the property located at RESOLUTION #P.C. 29-95 -- Disapproval of Conditional Use W194 S8464 Providence Way. Deferred from Ma;ch-21,'1995. The ordinance states that the allowable square footage of a mother-in-law unit is 800 sq.ft. This unit proposes 1134 sq.ft. Currently, the two (2) units can function separately from each other. Slides of the property in question were presented and explained by Director Sadowski. Director Sadowski read a list of dates and incidents beginning with June 27, 1994 through September 1994, in which the building department discussed with the builder the concerns and changes. Attorney Dagan stated the various events that led up to the Alioto's petition for the mother-in-law unit as suggested by the Building Inspection Department. Discussion ensued regarding deed restrictions and possible solutions. Ald. Taube called for the question. Upon no objection, a roll Taube voting yea. call vote taken, Resolution #P.C. 29-94 was defeated 1-4 with Ald. Commissioner Smith made a motion to reconsider Resolution #P.C. 29-95, Commissioner Schaumberg seconded. Commissioner Vitt voiced concerns that in approval of this Conditional Use Grant that this unit would become a duplex in the Pg. 2 Plan Commission Minutes 04/04/95 future. It was explained that the Conditional Use Grant will be recorded and will have to be used as a mother-in-law unit. Upon a Taube voting nay. roll call vote, the motion to reconsider passed 4-1 with Ald. Ald. Taube made a motion to amend by adding a second BE IT FURTHER RESOLVED, to read as follows: BE IT FURTHER RESOLVED, That this proof of relative relationship required., amend by changing approval is subject to annual inspection of said unit and that disapproval to approval throughout the Resolution, add third BE IT FURTHER RESOLVED to read as follows: BE IT FURTHER RESOLVED, That a variance is required from the Board of Appeals to allow the excess square footage of 334 sq.ft. from the allowable 800 sq.ft. and amend the fourth WHEREAS to read as follows: ... entrances roll call vote, the amendment passed unanimously. in the basement area.... Commissioner Vitt seconded. Upon a Upon a roll call vote, amended Resolution #P.C. 29-95 passed unanimously. RESOLUTION #P.C. 31-95 -- Recommendation of Approval for the renewal for the Conditional Use Grant for Extractive Sand and Glockner. Deferred from March 21, 1995. Letter dated April 4, Gravel Operation at S71 W13219 Tess Corners Drive for J. 1995, from the Planning Dept. addressed to Mr. Glockner was read into the minutes. Ald. Taube made a motion to amend the THEREFORE BE IT RESOLVED, by adding the following language to number three (3) to state as follows: .... to be filed with the City within 45 days or the extraction permit will be revoked. and adding the following compliance and all requirements and deadlines as stated in the language to number four (4) to state as follows: ... continual letter to Mr. Glockner from the Planning Department dated April 4, 1995. Commissioner Vitt seconded. Upon a voice vote, the Resolution #P.C. 31-95 passed unanimously. amendment passed unanimously. Upon a roll call vote, amended RESOLUTION #P.C. 32-95 -- Approval to renew permit for Dog Kennel for Stan A. Zdanczewicz located at W182 59292 Parker Drive. Deferred from March 21, 1995. Commissioner Vitt made a motion to amend the BE IT FURTHER RESOLVED, changing it to read as follows: ... by removal from the property of the barrels along the north lot line. Ald. Taube seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 32-95 passed unanimously. CONSENT AGENDA: Certified Survey Map for Two Parcels located in the NE 1/4 Section Commissioner Schaumberg seconded. Upon a roll call vote, 11, Town of Norway. Commissioner Smith made a motion to amend, Resolution #P.C. 44-95 passed unanimously. RESOLUTION #P.C. 44-95 -- Approval of Extraterritorial Pg. 3 Plan Commission Minutes 04/04/95 RESOLUTION #P.C. 45-95 -- Approval of Temporary Greenhouse by Paul Ruszkiewicz for the Sentry property located at S74 W16890 Janesville Road. Commissioner Smith made a motion to amend, Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 45-95 passed unanimously. NEW BUSINESS: Amended Buildina, Site and Operation Plan for the property located RESOLUTION #P.C. 46-95 -- Disapproval Without Prejudice of at S73 W16555 Janesville Road. Commissioner Vitt made a motion to amend, Commissioner Smith seconded. Discussion ensued regarding the the granting of the automatic Conditional Use Grant and an originally given for the use on this property, the zoning was informational Public Hearing. It was noted that when approval was thought to be B-4 and the City felt that this use was an allowable use within the B-4 Zoning District. wash lane to the east side of the building. The grading and Mr. Foat explained that the addition will be a automatic car lighting will not be changed. Discussion ensued regarding the scheduling of an Information Public Hearing on Tuesday, April 18, 1995, between 7:OO p.m. and 7:30 p.m. prior to the regular Plan Commission scheduled at 8:00 p.m. Commissioner Vitt made a motion to defer, Commissioner was deferred. Schaumberg seconded. Upon a voice vote, Resolution #P.C. 46-95 creating a Two Lot Land Division of the property located in the NE RESOLUTION #P.C. 47-95 -- Approval of Certified Survey Map amend, Commissioner Smith seconded. Ald. Taube made a motion to 1/4 Section 1. (Dominski Property) Ald. Taube made a motion to amend adding a third BE IT FURTHER RESOLVED, be added to read as follows: BE IT FURTHER RESOLVEDl That the existing shed and swimming pool be removed. Commissioner Vitt seconded. Upon a voice vote, the amendment passed unanimously. Mrs. Dominski submitted documentation indicating that all the land is within the City of Muskego boundaries. Ald. Taube made a motion to amend by adding the following language to the third BE IT FURTHER RESOLVED, to read as follows: .... be removed and that the common lot line between Parcel 1 and Parcel Discussion followed. Ald. Taube agreed to change his amendment to 2 be moved 5' to the west. Commissioner Vitt seconded. between Parcel 1 and Parcel 2 be moved 5' to the west, subject to read as follows: .... be removed and that the common lot line the condition that the property within the triangle was not already determined in the square footage requirements. Commissioner Vitt agreed to the change to the amendment. Upon a voice vote, the amendment passed unanimously. unanimously. Upon a roll vote, amended Resolution #P.C. 47-95 passed Pg. 4 Plan Commission Minutes 04/04/95 rn Structure (14' x 22') for the property located at ,582 W12877 Acker RESOLUTION #P.C. 48-95 -- Approval of Second Garage W Drive. Co&nissioner'Smith made a-motion to adopt, Commissioner Schaumberg seconded. Upon a roll vote, Resolution #P.C. 48-95 passed unanimously. Structure (20' x 30') for the orouertv located at W143 56772 Tess RESOLUTION #P.C. 49-95 -- Approval of Second Garage 0 Corners Drive. Removed as it is not necessary to have second garage approval for replacement of primary garage. " RESOLUTION #P.C. 50-95 -- Approval of Second Garage Structure (435.25 square feet) for the property located at S69 Commissioner Smith seconded. Discussion ensued regarding the fact W18004 Muskego Drive. Commissioner Vitt made a motion to amend, quarters. that the petitioner is turning the existing garage into living A variance would be required on the front yard setback and that a variance would be required for the proposed size in the amount of stating that when the garage is completed the existing attached 68 sq.ft. The petitioner is agreeable to sign an affidavit garage will be the converted into living space. The petitioner agreed to a time limit of eighteen (18) months to build the garage quarters within that time. and the existing attached garage will be converted to living Ald. Taube made a motion to amend the third WHEREAS changing sq.ft. and in the THEREFORE BE IT RESOLVED changing 435.25 to 582.25 to 759.99, in the fourth WHEREAS changing 237 to 68 604. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, the amended Resolution #P.C. 50-95 passed unanimously. RESOLUTION #P.C. 51-95 -- Recommendation of the Plan Commission to Approve the Access Plan for the new STH 36. Commissioner Smith made a motion to amend, Commissioner Schaumberg seconded. The proposed plan is the third access plan. A letter from Mr. Robert Anderson, WDOT, dated March 31, 1995, regarding the Pellmann property was read into the minutes. Discussion ensued regarding the possible wetlands and the necessity of an access due to the possible wetlands. Further discussion ensued with the Pellmann's agreeing to have a wetland delineation of the subject property done and submit results to the City and WDOT . Ald. Taube requested that it be noted in the minutes that he requested a median break to be installed in front of the property located at S102 W14650 Loomis Road, as it is an access point connecting the State Funded Snowmobile Trail in Racine County with the Waukesha County trail. Upon a voice vote, Resolution #P.C. 51-95 was deferred. Ald. Taube made a motion to defer, Commissioner Vitt seconded. MISCELLANEOUS BUSINESS Pg. 5 Plan Commission Minutes 04/04/95 ADJOURNMENT Commissioner Vitt made a motion to adjourn the meeting at 9:13 p.m., Commissioner Smith seconded. Upon a voice vote, the motion to adjourn passed unanimously. With no further business to come before the commission, meeting was adjourned. Respectfully submitted, Recording Secretary