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PCM19950516CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON MAY 16, 1995 0 Mayor David DeAngelis called the meeting to order at 7:OO p.m. PRESENT: Chairman David DeAngelis, Ald. Misko, Commissioners' Schaumberg, Smith, Vitt, Honl, Hulbert (arriving at 7:13 p.m.) and Director Matthew Sadowski. Secretary reported that the meeting was properly noticed. Oath of Office was administered by City Clerk Marenda. MINUTES: Commissioner Vitt made a motion to approve the Minutes of the May 2, 1995, Commissioner Honl seconded. Upon a voice vote, the motion to adopt passed unanimously. - OLD BUSINESS: additional 80 dwellina units alona Overlook Bay Court. (Overlook RESOLUTION #P.C. 17-95 -- Approval of a sketch for an Bay Phase I1 Concept)- Deferred f;om May 2, 1995. Commissioner Honl made a motion to defer until review of grading plan at the Public Works Committee is completed, Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 17-95 was deferred until after review by the Public Works Committee of grading plans. Commission to Approve the Access Plan for the new STH 36. defer, Ald. Misko seconded. Upon a voice vote, Resolution #P.C. 51-95 was deferred. RESOLUTION #P.C. 51-95 -- Recommendation of the Plan Deferred from May 2, 1995. Commissioner Vitt made a motion to RESOLUTION #P.C. 56-95 -- Reconsideration of Approval of Conditional Use Grant and Building, Site and Operation Plan for Olson's Lawn Tractor located at S74 W16810 Janesville Road. The reconsideration is to allow the petitioner to receive the Building Permit prior to the approval of the grading and drainage plan by the Public Works Committee and would tie said plan to the Occupancy Permit. Commissioner Vitt made a motion to reconsider Resolution #P.C. 56-95, Commissioner Schaumberg seconded. Upon a passed unanimously. Discussion ensued regarding the existing roll call vote, the motion to reconsider Resolution #P.C. 56-95 berms, possible additional berms and landscaping. Commissioner Smith made a motion to amend in the second BE IT FURTHER RESOLVED, to read as follows: ... issuance of any occupancy permit for this project. and amend the fourth BE IT FURTHER RESOLVED, to read as follows: ... along the north property line. Commissioner Schaumberg seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 56-95 passed unanimously. RESOLUTION #P.C. 63-95 -- Approval of Building, Site and Operation Plan of the Culver's Custard Stand located on Racine Avenue. Deferred from May 2, 1995. The revised plan indicates reduced to meet the sign ordinances. A letter of understanding is 'e all changes as requested. The proposed signage needs to be Pg. 2 Plan Commission Minutes 05/16/95 required for the properties to the rear to allow access and a letter acknowledging the installation of the bike path. Mr. Riech cited he is agreeable to the reduction in signage, the installation of the bike path and bicycle rack and the letter of understanding for the properties to the rear. Discussion ensued regarding additional landscaping of the site. Commissioner Smith made a motion to amend the fourth WHEREAS, to read as follows: ... blue raised asphalt or fiberglass shingle roof , and is ..... and add a fourth BE IT FURTHER RESOLVED, to read as follows: BE IT FURTHER RESOLVED, That the entire maintained in perpetuity. and add the following language to the site including the building and all landscaping is to be third BE IT FURTHER RESOLVED, by adding a #2 thru #5 to read as follows: 2. Letter of understanding regarding cross access easement 3. Receipt of letter of agreement regarding installation of 4. Additional planting of 6-8 trees in landscaped areas. 5. Submit for staff approval revised signage. bike path. Commissioner Vitt seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 63-95 passed unanimously. CONSENT BUSINESS Illuminated sian bv Derse Inc. for IPC located at 580 W18766 RESOLUTION #P.C. 66-95 -- Approval of Free Standing Self Apollo Drive. Comkssioner Honl made a motion to adopt, Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 66-95 passed unanimously. RESOLUTION #P.C. 67-95 -- Approval of Extraterritorial Certified Survey Map creating Two Parcels located in the NE 1/4 Section 2, Town of Waterford. Commissioner Honl made a motion to adopt, Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 67-95 passed unanimously. by Paul Rapala located at 575 W17536 Janesville Road. RESOLUTION #P.C. 68-95 -- Approval of Temporary Greenhouse Commissioner Hulbert made a motion to adopt, Commissioner Honl seconded. Discussion ensued regarding possible expansion in summer to encompass the sale of farm fresh vegetables and fruits. Discussion ensued regarding parking and possible installation Of directional sign indicating additional parking in the rear. Ald. Misko made a motion to amend, a third BE IT FURTHER RESOLVED, to read as follows BE IT FWRTHER RESOLVED, That a sign be installed on the site indicating additional parking located in the rear. passed 6-0-1 with Chairman De Angelis abstaining due to personal Commissioner Vitt seconded. Upon a roll call vote, the amendment passed 6-0-1 with Chairman De Angelis abstaining due to personal Interest. Upon a roll call vote, amended Resolution #P.C. 68-95 interest. 0. Pg. 3 Plan Commission Minutes 05/16/95 NEW BUSINESS: Creek Subdivision located in the SW 1/4 of Section 10. (land between Lannon Road and Parkland Drive) Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Discussion ensued regarding the signalized intersection. There is currently 67 requests for signalized intersections within Waukesha County and the County averages the installation of four (4) signalled intersections a year. Discussion ensued regarding the installation of bike paths and that all literature indicates where the bike paths are to be located. Mr. Tabbert is agreeable to indicating the bike paths on the sales literature and a notation on the Final plat. Commissioner Hulbert made a motion to amend by adding a third BE IT FURTHER RESOLVED, BE IT EVRTHER RESOLVED, That there Will be a reduced road setback of 35' for Lots 0, 9 and 10, Block 1 and a note placed on the face of the Final Plat indicating all the voice vote, the amendment passed unanimously. Upon a roll call locations of the bike paths. Commissioner Vitt seconded. Upon a vote, amended Resolution #P.C. 68-95 passed unanimously. RESOLUTION #P.C. 69-95 -- Approval of Final Plat of Deer RESOLUTION #P.C. 70-95 -- Approval of Second Garage 22' x 24' located at W187 S9222 Racine Avenue. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 70-95 passed unanimously. Lot Land Division of the Spieler property located in the NW 1/4 RESOLUTION #P.C. 71-95 -- Approval of Sketch creating a Two of Section 4. (Hardtke Drive) Commissioner Vitt made a motion to the different options to divide this property. Commissioner Vitt adopt, Commissioner Smith seconded. Discussion ensued regarding made a motion of recommendation to the Board of Appeals that the Plan Commission is not receptive to the further division of this lot. Commission Hulbert seconded. Upon a roll call vote, the motion of recommendation passed 4-3 with Chairman De Angelis, Commissioner's Schaumberg and Honl voting nay. Commissioner Hulbert made a motion to defer until this item is heard at the Resolution #P.C. 71-95 was deferred. Board of Appeals, Ald. Misko seconded. Upon a voice vote, RESOLUTION #P.C. 72-95 -- Disapproval of Conceptual Building, Site and Operation Plan and Rezoning by Burger King of Commissioner Honl made a motion to adopt, Commissioner Smith the property located in the SE 1/4 of Section 8. (CTH "Y") proximity to residences, this land would be better served by seconded. It is the commission's feeling that, because of the Resolution #P.C. 74-95 passed unanimously. offices rather than a restaurant. Upon a roll call vote, RESOLUTION #P.C. 73-95 -- Recommendation of Approval of Legal Lot Status of Lot 55 6 Lot 56, Block 18, in the Jewel Crest Pg. 4 Plan Commission Minutes 05/16/95 Subdivision by Jeff Nowak. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Discussion ensued regarding the proposal and the effects of the floodplain and the setbacks. Mr. O'Neil, resident, is very concerned regarding the division of this property due to the floodplain and the setbacks. Marcella Hanson, resident, is also opposed to this proposal. Upon a roll call vote, Resolution #P.C. 73-95 was defeated unanimously. for the property located at W144 57880 Durham Drive. Commissioner RESOLUTION #P.C. 74-95 -- Approval of Pole Barn (60' x 136') Honl made a motion to adopt, Commissioner Schaumberg seconded. Under the current interpretation of the predominantly undeveloped area, this property does not fit said interpretation. A possible option would be a Conditional Use Grant allowing a private outdoor recreational use. Additional discussion ensued regarding this proposal and the existing surroundings. The commission is favorable to the petitioner applying for a Conditional Use Grant to allow the proposed building. Upon a roll call vote, Resolution #P.C. 74-95 was defeated 6-0-1 Commissioner Smith abstaining. MISCELLANEOUS BUSINESS Discussion ensued regarding Casanova's Marine and Mediterranean Gardens regarding compliance. Discussion ensued regarding Belsha Estates Subdivision and the number of outbuildings and the 1% rule. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 9:50 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,