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PCM19960507TWICE CORRECTED CITY OF MUSKEGO PLAN COMMISSION MINUTES May 7, 1996 MINUTES OF PLAN COMMISSION MEETING HELD ON MAY 7, 1996 Mayor De Angelis called the meeting to order at 7:OO P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners’ Gummer, Smith, Vitt, Schaumberg, Hulbert, Director Sadowski and Assistant Planner Trejo. accordance with the Open Meeting Laws. Secretary reported that the meeting was properly noticed in MINUTES: Alderman Salentine made a motion to approve the minutes from April 16, 1996. Commissioner Hulbert seconded. Upon voice vote, minutes from April 16, 1996, were approved. OLD BUSINESS: RESOLUTION tP.C.164-95 -- Approval of Sketch creating a Two Lot Land Division of the Richard Knudsen Property located in the NW 1/4 of Section 8. Hillendale Drive. This Resolution was on the floor from October 17, 1995, meeting. After discussion regarding drainage study to be submitted on parcel 2, plus location of septic; petitioner requested lot #1 be excluded from drainage study. Commissioner Hulbert called for question. Upon roll call vote, Resolution #P.C. 164-95 was denied 6-1. Alderman Salentine voting yes. Champions Village - Phase I1 located in the NW 1/4 of Section RESOLUTION #P.C. 190-95 -- Approval of Final Plat of 25. This Deferred Resolution was on the floor from December 19, 1995, meeting. Roman Berendt, National Survey & Engineer, proposed that the bike path primary access would be between the subject area had been filled and City Engineer’s inspected lots 89 and 90. In regards to soils, Mr. Berendt stated that the soils. Mr. Berendt suggested that City Engineers have the fill data. Mr. Berendt also stated that they must receive DNR approval and are willing to post a bond. Commissioner Hulert motioned to amend the resolution by adding an additional BE IT FURTHER RESOLVED that ... the primary access to the recreational trail be located between being located between lots 33 and 84, and BE IT FURTHER lots 89 and 90 subject to DNR approval with alternate access RESOLVED that a bond, cashier’s check, or letter of credit for twice the value of work needed for the construction of the bike trail must be submitted. Commissioner Vitt seconded. Upon a voice vote, the amendment was passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 190-95 was adopted unanimously. I 05-07 PCMIN; PAGE 2 6 0 ! I RESOLUTION #P.C. 69-96 -- Disapproval of Amended Buildina. Site and ODeration Plan for expansion of parkins lot Loomis. (Club Durham) This Resolution was on the floor from for Roger J. Andrews'at the property locited at S98-Wl2535 West April 16, 1996, meeting. Alderman Salentine stated that the Commissioner Hulbert moved to table, Commissioner Smith Petitioner asked to have this Resolution withdrawn. seconded. Upon voice vote, Resolution #P.C. 69-96 was tabled unanimously. Certified Survev Map for Sean Jacobs at the property located RESOLUTION #P.C. 70-96 -- Approval of a Sketch of a at Parcel 3 NW i/4,-Section 14. This Resolution was on the motion to amend by adding BE IT FURTHER RESOLVED, That the floor from April 16, 1996, meeting. Alderman Salentine made a street shown be left as reserved and that Parcel 1 only be allowed access to Mystic Drive only. Commissioner Schaumberg seconded. Upon a voice vote, the amendment was passed unanimously. A second motion to amend was made by Alderman Salentine to add BE IT FURTHER RESOLVED, That all parcels be deed restricted to not allow future division. Seconded by Commissioner Schaumberg. Upon a voice vote, the second Upon roll Call vote, Twice Amended Resolution #P.C. 70-96 was amendment to Resolution #P.C. 70-96 was passed unanimously. unanimously adopted. CONSENT BUSINESS RESOLUTION #P.C. 74-96 -- Approval of Extraterritorial Certified Survey Map creating a one (1) lot land division for Peter Sanfelippo at the property located in part of the NW 1/4 of Section 4, Town of Norway. Alderman Salentine motioned to defer at the petitioner's written request, Commissioner Smith seconded. Upon voice vote, Resolution #P.C. 74-96 was deferred unanimously. Certified Survey Map creating a four (4) lot land division by American Surveying Company, Inc. for Gilma Dukleth at the Norway. Commissioner Smith made a motion to adopt. property located in the SE 1/4 of Section 18 in the Town of Commissioner Gummer seconded. Upon roll call vote, Resolution #P.C. 75-96 was approved unanimously. RESOLUTION #P.C. 75-96 -- Approval of Extraterritorial Certified Survey Map creatinq a two (2) lot land division by RESOLUTION #P.C. 76-96 -- Approval of Extraterritorial Michael Switalsii at the property located in the NW 1/4 and SW 1/4 of Section 4 in the Town of Norway. Commissioner Smith made a motion to adopt, Commissioner Gummer seconded. Upon roll call vote, Resolution #P.C. 76-96 was approved Discussion ensued regarding the access easement to the south. unanimously. NEW BUSINESS 05-07 PCMIN; PAGE 3 RESOLUTION #P.C. 77-96 -- Recommendation of Approval to the Common Council to Amend Chapter 18 of the Municipal Code: Land Division Ordinance to require a 50' wetland setback. Commissioner Vitt motioned to adopt, Commissioner Gummer would only apply to land divisions created after the adoption seconded. Director Sadowski explained that the new Ordinance of this Ordinance. Existing lots would fall under the 10' offset policy. The 50' offset area is solely for building restrictions but this area can be used for meeting total square used for normal yard activities. Upon roll call vote, footage requirements for parcels. The 50' area can also be Resolution #P.C. 77-96 was approved 6-1. Commissioner Schaumberg voting no. RESOLUTION #P.C. 78-96 -- Approval of Sketch Certified Survey Map creatinq a four (41 lot land division for Edward Fenge; at- the property located in the SE 1/4 of Section 16, Tax Key Nos. 2224.994.001 and 2224.994.002). Commissioner Vitt made a motion to adopt, Commissioner Schaumberg seconded. with an additional BE IT FURTHER RESOLVED, That Parcel 1 be Commissioner Vitt made a motion to Amend Resolution #P.C. 78-96 deed restricted to allow no further division, and BE IT approved unanimously. Upon a roll call vote, Amended Salentine seconded. Upon voice vote, the amendment was Resolution #P.C. 78-96 was approved 6-1. Commissioner Schaumberg voting no. FURTHER RESOLVED, That all wetlands be delineated. Alderman RESOLUTION #P.C. 79-96 -- Approval of an Amended Buildinq, Site and Operation Plan for A.J. Heinen, Inc. Construction for the-property located at S74 W16890 Janesville Road (Old Sentry Store). Alderman Salentine made a motion to adopt, Commissioner Vitt seconded. Commissioner Hulbert motioned to defer due to staff concerns with the landscaping, remodeling will have in the downtown area. Commissioner Smith lack of a comprehensive sign package, and the impact that the seconded. Upon voice vote Resolution #P.C. 79-96 was unanimously deferred. RESOLUTION #P.C. 80-96 -- Approval of a three (3) lot NE 1/4 of Section 5, (Tax Key 2177 936.001). Commissioner land division sketch for Ron Daliege at the property located at Gummer made a motion to adopt, Alderman Salentine seconded. Discussion ensued over four (4) possible land division options presented. Alderman Salentine motioned to amend Resolution #P.C. 80-96 with an additional THEREFORE BE IT RESOLVED, That the Plan Commission approves Option 2 creating a 3 lot land division in the NE 1/4 of Section 5 of the Daliege property. Commissioner Schaumberg seconded. Upon a voice vote, the amendment was approved unanimously. Upon roll call vote, Amended Resolution #P.C. 80-96 was approved unanimously. Map for Summit Healthcare Group, LLC, for the property of the RESOLUTION #P.C. 81-96 -- Approval of Certified Survey 05-07 PCMIN; PAGE 4 Janesville Road Medical Group located in the SE 1/4 of Section 3, (Tax Key No. 2172.998.001). Commissioner Gummer made a Salentine made a motion to Amend Resolution #P.C. 81-96 with an additional BE IT FURTHER RESOLVED, That the drainage easement Map and that a cross access agreement with neighboring to the north of the property be shown on the Certified Survey properties be provided. Commissioner Gummer seconded. Upon a voice vote, the amendment was approved unanimously. Upon roll call vote, Amended Resolution #P.C. 81-96 was approved unanimously. 0 motion to adopt, Commissioner Smith seconded. Alderman RESOLUTION #P.C. 82-96" Approval of 16' x 10' Accessory 57031 Hillendale Drive. Commissioner Gummer made a motion to Structure for Roger Johnston at the property located at W194 adopt, Commissioner Hulbert seconded. Upon roll call vote, Resolution #P.C. 82-96 was approved unanimously. RESOLUTION #P.C. 83-96 -- Approval of a 24' x 30' Accessorv Structure for Roaer Johnston at the propertv located at W194 S7031 Hillendale Drive. Commissioner-Vitt made discussion, Alderman Salentine moved to amend Resolution #P.C. a motion to adopt, Commissioner Gummer seconded. After combined into one tax key number as a condition of approval. 83-96 to read, BE IT FURTHER RESOLVED, That both lots must be Commissioner Schaumberg seconded. Upon a voice vote, the amendment was approved unanimously. Upon roll call vote, " 0 Amended Resolution #P.C. 83-96 was approved unanimously. RESOLUTION #P.C. 84-96" Approval of a four (4) lot land division sketch by Reno Berg agent for Arnold Knutilla at the property located at NE 1/4 of Section 18, (Tax Key 2229.982). Commissioner Gummer made a motion to adopt, Alderman Salentine seconded. Discussion ensued over a proposed joint land division/development once Pasadena Drive is extended from Kimberly Estates to Janesville Road. Commissioner Hulbert motioned to amend Resolution #P.C. 84-96 to read, BE IT FURTHER RESOLVED, That the Plan Commission supports the goals for the area's development as generally illustrated in the submittals dated April 25, 1996. Commissioner Smith seconded. Upon a voice vote, the amendment was approved unanimously. Upon roll unanimously. (Per minutes corrected at the May 21 meeting it call vote, Amended Resolution #P.C. 84-96 was approved was stated that it was the intent in Amended Resolution #P.C. 84-96 that all land owners should band together and submit one overall package.) I division sketch by Charlene Siegmund at the properties located RESOLUTION #P.C. 85-96" Approval of a six (6) lot land at NE 1/4 of Section 18, (Tax Key 2229.981.001 and 2229.981.002). Commissioner Vitt motioned to adopt, Commissioner Gummer seconded. Discussion ensued over a proposed joint land division/development once Pasadena Drive is 05-07 PCMIN; PAGE 5 extended from Kimberly Estates to Janesville Road. Commissioner Gummer motioned to amend to read, BE IT FURTHER RESOLVED, That the Plan Commission supports the goals for the dated April 25, 1996. Commissioner Hulbert seconded. Upon a area's development as generally illustrated in the submittals call vote, amended Resolution #P.C. 85-96 was approved voice vote, the amendment was approved unanimously. Upon roll was stated that it was the intent in Amended Resolution #P.C. unanimously. (Per minutes corrected at the May 21 meeting it 85-96 that all land owners should band together and submit one overall package.) RESOLUTION #P.C. 86-96 -- Approval of a 36' x 45' Accessorv Structure and a 14' x 45' lean-to for Steve and - Kathleen Findley at the property located at W186 S9159 Racine Avenue. Commissioner Gummer motioned to adopt, Alderman Amend Resolution #P.C. 86-96 to read, THEREFORE BE IT RESOLVED, Salentine seconded. Commissioner Schaumberg made a motion to That the Plan Commission approve of a accessory structure, not to exceed 1,006 square feet, for the Findley Property and the remainder of the accessory structure be permitted only if a variance is granted by the Board of Appeale, and BE IT FURTHER RESOLVED, That the Plan Commission does not approve of the 14' x 45' Lean-To, and BE IT FURTHER RESOLVED, That the combined accessory structure square footage not exceed 1.3% of the total accessory structure shall neither be used for the operation of equipment and a building and zoning permit is required prior to a business nor the storage of business related materials and construction of subject accessory structure. Commissioner Vitt seconded. Upon a voice vote, the amendment was approved unanimously. Upon roll call vote, Amended Resolution #P.C. 86-96 was approved unanimously. lot area. And, BE IT FURTHER RESOLVED, That subject RESOLUTION #P.C. 87-96 -- Approval of temporary W17536 Janesville Road (Muskego Restaurant). Commissioner Vitt greenhouse by Paul Rapala at the property located at 575 motioned to adopt, Commissioner Smith seconded. Commissioner Vitt made a motion to amend Resolution #P.C. 87-96 to read, BE a week with day time operations from dawn to dusk. Alderman approved unanimously. Upon roll call vote, Amended Resolution Salentine seconded. Upon a voice vote, the amendment was #P.C. 87-96 was approved unanimously. IT FURTHER RESOLVED, The hours Of operation Will be seven days Site and Operation Plan for U.S. Oil Co., Inc. located at the RESOLUTION #P.C. 88-96 -- Approval of Conceptual Building NW corner of Lions Park Drive and Janesville Road. (Tax key 2195.986). Alderman Salentine made a motion to adopt, to the size of the Racine Avenue right-of-way, having the Commissioner Schaumberg seconded. Discussion ensued in regards building brick rather than concrete block. Commissioner e Hulbert made a motion to defer, Alderman Salentine seconded. 05-07 PCMIN; PAGE 6 Upon a voice vote, Resolution #P.C. 88-96 was deferred 0 unanimously. division sketch bv Harold DeBack for the Droperty located at RESOLUTION #P.C. 89-96 -- Approval of two (2) lot land Parker Drive in the SW 1/4, Section 21 (Tax Key 2243.994). Commissioner Gummer made a motion to adopt, Commissioner Vitt seconded. Upon roll call vote, Resolution #P.C. 89-96 was approved unanimously. (Per minutes corrected at the May 21 meeting that Amended Resolution #P.C. 89-96 state THEREFORE BE IT RESOLVED, That the Plan Commission approve of the sketch submitted creating a two(2) lot land division with a 30' access width for the northern parcel in the SW 1/4 of Section 21 of the DeBack property.) division sketch by Robert Sindic for the property located at 578 W18755 Janesville Road in the SW 1/4, Section 9 (Tax Key 2195.981). Alderman Salentine motioned to adopt, Commissioner Gummer seconded. Discussion ensued over joint access for all that was his intent. Commissioner Gummer made a motion to three (3) parcels, in which the Petitioner told the Commission amend to read, BE IT FURTHER RESOLVED, That all wetlands be delineated. Alderman Salentine seconded. Upon a voice vote, Amended Resolution #P.C. 90-96 was approved unanimously. the amendment was approved unanimously. Upon roll call vote, RESOLUTION #P.C. 90-96 -- Approval of two (2) lot land RESOLUTION #P.C. 91-96" Approval of lot expansion/reconfiguration sketch by Alan L. Brockman at the property located in the NE 1/4 of Section 18, (Tax Key 2229.994). Commissioner Vitt made a motion to adopt, Commissioner Gummer seconded. Director Sadowski explained that although the proposal does not meet the minimum width required by the zoning district, Plan Commission has authority to approve this request as it will result in a lesser degree of nonconformity. Alderman Salentine made a motion to amend to required of the petitioner's property as a condition of approval. Commissioner Gummer seconded. Upon a voice vote, Amended Resolution #P.C. 91-96 was approved unanimously. the amendment was approved unanimously. Upon roll call vote, MISCELLANEOUS BUSINESS: read, BE IT FURTHER RESOLVED, That a Certified Survey Map be I 1 Johnny's Petroleum Car Wash noise. Director Sadowski's March 14, 1996 letter was reviewed and his suggested recommendations were discussed. Several residents (Adam Dyndul, John Ingersoll, Gary Thoss, Collette Giefer) expressed their concern regarding the noise level. Jack and Marv Strausser were present and acknowledged their concerns and stated that actions were being taken to lower the noise (retrofit blowers I I and install landscaping along the south property line). It was 05-07 PCMIN; PAGE 7 0 0 0 agreed to review progress at the next Planning Commission Meeting. AG Industries building facade review. Item deferred. Tess Corners Volunteer Fire Department, Tess Corners Building Review. Color samples submitted were acceptable to the Plan Commission. ADJOURNMENT : Commissioner Smith made a motion to adjourn at 12:lO A.M., Commissioner Gummer seconded. Upon a voice vote, the motion to adjourn passed unanimously. Respectfully submitted, Sandra S. Asti