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PCM19960521CORRECTED CITY OF MUSKEGO @ PLAN COMMISSION MINUTES May 21, 1996 MINUTES OF PLAN COMMISSION MEETING HELD ON MAY 21, 1996 Mayor De Angelis called the meeting to order at 7:03 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners' Gummer, Smith, Vitt, Schaumberg and Hulbert, Director Sadowski and Assistant Planner Trejo. Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Laws. MINUTES : Alderman Salentine made a motion to approve Corrected Minutes from May 7, 1996. The corrections being: Amended Resolution #P.C. 78-96 passed 6-1 with Commissioner Schaumberg voting no, and that the first amendment stated on the minutes for Amended Resolutions #P.C. 84-96 and #P.C. 85-96 that state ... The The Plan Commission approve ... 10% of the Ordinance requirements, ... be stricken from the minutes since this be it further resolved was already in the original Amended Resolutions 84-96 and 85-96 that all land owners should resolutions; that the minutes reflect that it was the intent in Resolution #P.C. 89-96 be corrected to state that it was band together and submit one overall package; and that amended to include that parcel one will have a 30' access width onto the street and the other two parcels equally divide the remaining frontage and that a deed restriction be placed Commissioner Hulbert seconded. Upon voice vote, motion to restricting further subdivision of the other two parcels. approve the Corrected Minutes passed unanimously. OLD BUSINESS: RESOLUTION IP.C.164-95 -- Reconsideration of Denial of Resolution #P.C. 164-95 Approval of Sketch creating a Two (2) Lot Land Division of the Knudsen Property located in the NW 1/4 Commissioner Vitt motioned to reconsider the denied Resolution of Section , Hillendale Drive (Tax Key No. 2190.994.) #P.C. 164-95, Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 164-95 was adopted for reconsideration unanimously. Commissioner Vitt made a motion to amend the resolution to state BE IT FURTHER RESOLVED, That the Plan Commission approves of the revised conceptual sketch dated May 8, 1996. Commissioner Hulbert seconded. Upon voice vote the amendment passed unanimously. Alderman Salentine made a motion to twice amend the resolution to state ... it is recommended the original Certified Survey Map (CSM #5828) need not be that the drainage plan placed as a condition of approval under required until parcel 2 is further subdivided. Commissioner Schaumberg seconded. Upon voice vote, the second amendment 05-21-96 PCMIN; PAGE 2 Y 0 passed unanimously. Upon a roll call vote, the Twice Amended Resolution #P.C. 164-95 was approved unanimously. Certified Survey Map creating a one (1) lot land division for RESOLUTION #P.C. 74-96 -- Approval of Extraterritorial Peter Sanfelippo at the property located in part of the NW 1/4 of Section 4, Town of Norway. Resolution was brought to the floor during the May 7, 1996, Plan Commission meeting. Discussion ensued over how access will be provided onto Muskego Dam Road by the petitioner's two proposed parcels and the made a motion to defer until a detailed drawing was submitted access easement for the parcel to the South. Commissioner Vitt showing how access is provided. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 74-96 was deferred unanimously. RESOLUTION #P.C. 79-96 -- Approval of an Amended Building, Site and Operation Plan for A.J. Heinen, Inc. Construction for the property located at S74 W16890 Janesville during the May 7, 1996, Plan Commission meeting. Discussion Road (Old Sentry Store). Resolution was brought to the floor ensued over elevation remodeling, signage, and the development of a downtown theme area. Petitioner stated he would be in Commission of conforming to the Mayor's Task Force study in agreement to sign a developer's agreement to assure the Plan made a motion to amend the resolution to state that on the regards to a downtown development theme. Commissioner Vitt second WHEREAS be eliminated, and that an additional BE IT first WHEREAS the date be changed to May 16, 1996, that the FURTHER RESOLVED, That the petitioner will resubmit a revised landscape plan with additional plantings located along the eastern end of the parcel. BE IT FURTHER RESOLVED, All new exterior lighting will consist of down cast cut-off sodium Commission approves of this submittal based on the fact that vapor light fixtures. BE IT FURTHER RESOLVEDl That the Plan the petitioner has agreed to abide and conform to the design criteria set by the Mayor's Task Force in revitalizing the downtown area, and will stipulate to same by entering into a Developer's Agreement prior to occupancy permits being issued for any new tenant(s). Commissioner Smith seconded. Upon a voice vote the amendment to Resolution #P.C. 79-96 was approved the Amended Resolution #P.C.79-96 was approved 5-2. 6-1, Commissioner Gummer voting no. Upon a roll call vote, Commissioners Hulbert and Gummer voting no. RESOLUTION #P.C. 88-96 -- Approval of Conceptual Building Site and Operation Plan for U.S. Oil Co., Inc. located at the NW corner of Lions Park Drive and Janesville Road. (Tax key 2195.986) Resolution was brought to the floor during the May motion to defer, Commissioner Schaumberg seconded. Upon a 7,1996, Plan Commission meeting. Commissioner Hulbert made a voice vote, the motion to defer passed unanimously. CONSENT BUSINESS: 05-21-96 PCMIN; PAGE 3 Certified Survev MaD creating a three (3) lot land division by RESOLUTION #P.C. 92-96 -- Approval of Extraterritorial Gerald D. and Barbaka J. Voeiker at the property located in the NE 1/4 of Section 5 in the Town of Norway. Commissioner Vitt made a motion to adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 92-96 was approved unanimously. RESOLUTION #P.C. 93-96 -- Approval of a 4' x 8' subdivision siqn for Carol Yaeqer located at Lot 1 of the Kimberly Estates Subdivision being part of NE 1/4 of Section 18. Commissioner Vitt made a motion to adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 93-96 was approved unanimously. NEW BUSINESS: RESOLUTION #P.C. 94-96 -- Approval of Review of Conformance to an Approved Building, Site and Operation Plan S76 W17857 Racine Avenue, (Tax Key No. 2196.975). Alderman for Johnny's Petroleum Products Car Wash Facility located at Salentine made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski and Alderman Salentine introduced decible findings to the Plan Commission. Said decible findings were taken after the car wash blowers were retrofitted. Discussion ensued in regards to what is a reasonable noise level. Alderman Salentine stated that the Muskego Volunteer Fire Company has no problems with the noise level of the car wash blow dryers. Several residents (Jerry Giefer, John Ingersoll, Keith Rupple, Gary Thoss, Colette Giefer, Gordon Schumacher, Pat McCann and Bruce Barchus) wash. In response to Mr. Ingersoll's direct question, Alderman expressed their concerns regarding the noise level from the car overhead doors of the car wash would be closed during operation Salentine stated that it was her understanding that the of the car wash. Jack Strausser stated that no such statement was ever made by himself. Commissioner Gummer made a motion to amend the resolution to cease use of blower until blower can be contained entirely in building. Motion died due to lack of a second. Commissioner Smith made a motion to amend the resolution BE IT FURTHER RESOLVED, That the blower time hours of operation for the blower6 be restricted from 1O:OO PM for the car waeh will be reduced to 45 second6 and that the to 6:OO AM seven days a week, until etaff can determine if there ie sufficient setback area to elongate and encloee the blower operation of the car waeh and if it ie feasible to enclose the entire structure, Commissioner Hulbert seconded. Upon a roll call vote the amendment passed 5-2. Commissioners Gummer and Vitt voting no. Commissioner Vitt made a motion to twice amend the amended resolution to state BE IT FURTHER RESOLVED, That the two rear facing spot light fixture6 at the vote the second amendment was approved unanimously. car wash be changed to sodium vapor fixtures. Upon a voice Commissioner Schaumberg made a motion to defer the twice 05-21-96 PCMIN; PAGE 4 b amended resolution at Staff's request as staff felt legal council should be consulted as to the rights of the car wash operators. Motion died due to lack of a second. Upon a roll call vote, the Twice Amended Resolution #P.C. 94-96 was approved 6-1. Commissioner Gummer voting no. At 10:55 PM Mayor De Angelis made a motion to recess for five minutes. RESOLUTION #P.C. 95-96 -- Approval of Sketch Certified Trapman at the property located in the SE 1/4 of Section 23, Survey Map creating a two (2) lot land division for Don Tax Key No. 2252.932). Commissioner Vitt made a motion to adopt, Commissioner Gummer seconded. Discussion ensued in division, how the subject lot was accessed as only two possible regards to the petitioner's sumittal of a three lot land requirements for a 100' minimum depth. Upon a roll call vote, lots for the sewer project, and to the land ordinance Resolution #P.C. 95-96 was approved unanimously. Map for Tom Wernette located in the SE 1/4 of Section 11, (Tax RESOLUTION #P.C. 96-96 -- Approval of Certified Survey Key No. 2204.999.006). Alderman Salentine made a motion to adopt, Commissioner Gummer seconded. Discussion ensued in regards to grading and drainage plan needed to be submitted to the Public Works Committee. Commissioner Hulbert made a motion motion to defer was defeated 5-2. Upon a roll call vote, to defer, Commissioner Vitt seconded. Upon a voice vote the Resolution #P.C. 96-96 was approved unanimously. RESOLUTION #P.C. 97-96 -- Approval of Sketch creating a located in the NE 1/4 of Section 23 and NW 1/4 of Section 24, four (4) Lot Land Division for Richard Bennett at the property (Tax Key No. 2254.998). Alderman Salentine made a motion to adopt, Commissioner Vitt seconded. Discussion ensued over the Plan Commission granting approval to the conceptual sketch of the land division, but the petitioner would need a variance from the Board of Appeals in regards to the location of the existing structures and the proposed property boundaries before Upon a roll call vote, Resolution #P.C. 97-96 was approved the the Plan Commission could approve a Certified Survey Map. unanimously. two (2) Lot Land Reconfiguration/Expansion for Rudolph Heinrich RESOLUTION #P.C. 98-96 -- Approval of Sketch creating a at the property located in the SW 1/4 of Section 24, (Tax Key Nos. 2255.994.002 and 2255.994.003). Commissioner Smith made a motion to adopt, Commissioner Gummer seconded. Discussion ensued in regards to the total square footage of the primary residence in parcel 3 not being able to support the 916 square foot accessory structure. Upon a roll call vote, Resolution #P.C. 98-96 was approved unanimously. 05-21-96 PCMIN; PAGE 5 RESOLUTION #P.C. 99-96" Approval of 10' x 10' Accessory Werner, I11 at the property located at S68 W19805 Black Walnut Structure with a 5' X 10' Lean-To for Val G. and Carol A. Commissioner Schaumberg seconded. Commissioner Smith made a Court. Alderman Salentine made a motion to adopt, motion to defer at staff's request. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 99-96 was deferred unanimously. RESOLUTION #P.C. 100-96 -- Approval of temporary S95 W12575 Loomis Road (SE Corner of STH 36 USH 45). fireworks stand by Vince Siege1 at the property located at Commissioner Vitt made a motion to adopt, Commissioner Gummer seconded. Alderman Salentine made a motion to amend the operation will be June 21 through July 4, 1996. Commissioner resolution to indicate that on the fifth WHEREAS, the dates of Vitt seconded. Upon a voice vote, the amendment to the resolution was approved unanimously. Upon a roll Call Vote, Amended Resolution #P.C. 100-96 was approved unanimously. map for Alan L. Brockman at the property located in the NE RESOLUTION #P.C. 101-96" Approval of certified survey l/i of Section 18, (Tax Key 2229-.99i). -Commissioner Gummer made a motion to adopt, Commissioner Hulbert seconded. Discussion ensued in regards to the need of the Quit Claim Deed to be submitted by both properties and a Letter of Agreement in regards to the fence. Upon a roll call vote, Resolution #P.C. 0 101-96 was approved unanimously. for David Woida at the property located in Lots 39 and 40 of Kingston's on Muskego Subdivision No. 1 (Tax Key No. 2195.031 and 2195.032). Commissioner Gummer made a motion to adopt, Alderman Salentine seconded. Staff noted that the resolution should be corrected to state that the property is zoned RS-3/0LS which requires an average minimum width of 66.1' and a the lot size and the general characteristics of the area. Mr. lot area of 10,000 square feet. Discussion ensued in regards to William Anderson, property owner to the east of subject lot, spoke in opposition to the granting of the legal lot status. Upon a roll call vote, Resolution #P.C. 102-96 was defeated 4-3. Mayor De Angelis, Alderman Salentine and Commissioner Schaumberg voting yes. RESOLUTION #P.C. 102-96 -- Approval of legal lot status Y RESOLUTION #P.C. 103-96 -- Approval of Sketch creating a two (2) Lot Land Division for Gary Brzezinski at the property located in the NW 1/4 of Section 17, (Tax Key No. 2227.988.014). Commissioner Gummer made a motion to adopt, Commissioner Schaumberg seconded. Discussion ensued regarding the irregular configuration of the proposed division and that previous similar requests had been denied. Upon a roll call vote, Resolution #P.C. 103-96 was defeated unanimously. r - 05-21-96 PCMIN; PAGE 6 RESOLUTION #P.C. 104-96 -- Approval of a Temporary - Trailer for Sales located on lots 42 and 43 in the Champions Village Subdivision Located in the NW 1/4 ,NE 1/4 and the SW a motion to adopt, Commissioner Hulbert seconded. Commissioner 1/4 of Section 25 (Burke Properties). Commissioner Gummer made Smith made a motion to amend the resolution to state BE IT FURTHER RESOLVEDl That a paved path from parking lot to trailer and portable bathroom be provided, and BE IT FURTHER RESOLVEDl That the trailer be setback at a minimum of 40‘ from submitted prior to occupancy. Commissioner Vitt seconded. Upon the road right-of-way and a sketch of the proposed sign be a voice vote, the amendment was approved unanimously. Upon a roll call vote, Amended Resolution #P.C. 104-96 was approved unanimously. RESOLUTION #P.C. 105-96 -- Recommendation of Denial of Street Name Change Request for Crab Tree Court in the Lakeview made a motion to adopt, Commissioner Smith seconded. Highlands North Subdivision (Dr. Conrardy) Commissioner Vitt Commissioner Hulbert made a motion to amend the resolution to that the resolution be amended to read f’Approval”. state that the street name be changed to Shamrock Courtl and Commissioner Vitt seconded. Upon a voice vote the amendment to the resolution passed 6-1. Commissioner Gummer voting no. Upon a roll call vote, Amended Resolution #P.C. 105-96 was approved 6-1 with Commissioner Gummer voting no. MISCELLANEOUS BUSINESS: None ADJOURNMENT : adjourn at 1:lO A.M. Commissioner Smith seconded. Upon voice Commissioner Hulbert made a motion to vote, motion carried. With no further business to come before the Committee, the meeting adjourned. Respectfully submitted, buL J dL Sandra S. Asti Recording Secretary