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PCM19960604-i" CITY OF MUSKEGO 6 June 4, 1996 PLAN COMMISSION MINUTES MINUTES OF PLAN COMMISSION MEETING HELD ON JUNE 4, 1996. Mayor De Angelis called the meeting to order at 7:OO P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners' Gummer, Vitt, Schaumberg and Hulbert, Director Sadowski and Assistant Planner Trejo. ABSENT:Commissioner Smith 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 21, 1996. The corrections being: Twice Amended Resolution #P.C. 94-96 stating time of operation reflect the direction of the Plan Commission and the first for blowers to be restricted from 1O:OO PM to 6:OO AM to THEREFORE BE IT RESOLVED, That the Plan commission.... and the second BE IT FURTHER RESOLVED, That as a result of this finding. .., be stricken from the resolution. Commissioner Schaumberg seconded. Upon voice vote, the motion to approve the Corrected Minutes passed unanimously. 0 OLD BUSINESS: Preliminary Plat of Candlewood Creek located in the SE 1/4 of RESOLUTION #P.C. 145-95 -- Approval of Second Revised . Section 3, NE 1/4 of Section 10, NW 1/4 of Section 11. On the floor for approval from March 5, 1996. (Towne Realty). Discussion ensued regarding the report submitted by the City's engineering firm and the letter of response form the petitioner's firm. Alderman Salentine made a motion to amend the resolution to state THEREFORE BE IT FURTHER RESOLVED, As outlined in the June 3, 1996 letter submitted by the City's engineers all discrepancies be addressed. Commissioner Schaumberg seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 145-95 was adopted unanimously. Certified Survev MaD creatina 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. Alderman Salentine made a motion to defer due to a lack of new information, Commissioner deferred unanimously. Gummer seconded. Upon a voice vote, Resolution #P.C. 74-96 was RESOLUTION #P.C. 88-96 -- Approval of Conceptual Building Site and Operation Plan for U.S. Oil Co., Inc. located at the 06-04 PCMIN; PAGE 2 NW corner of Lions Park Drive and Janesville Road. (Tax key 2195.986). On the floor for approval from the May 21, 1996, Plan Commission meeting. Director Sadowski informed the Commission that the petitioner has submitted a deposit to perform a traffic study with the City's engineers. Alderman Salentine made a motion to defer due to a lack of any new plans, Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 88-96 was deferred unanimously. AMENDED RESOLUTION #P.C. 94-96 -- Reconsideration of Approval of Review of Conformance to an Approved Building, Site and Operation Plan for Johnny's Petroleum Products Car Wash 2196.975). Commissioner Schaumberg made a motion to Facility located at 576 W17857 Racine Avenue, (Tax Key No. vote Amended Resolution #P.C. 94-96 was brought to the floor reconsider, Commissioner Hulbert seconded. Upon a roll call with a 4-2 vote, Alderman Salentine and Commissioner Gummer voting no. Attorney John Schober appeared on behalf of the Strassers requesting that the blowers time be increased to 60 seconds from the previously imposed 45 seconds. Attorney Schober cited a hardship was imposed on his clients as complaints have been received stating vehicles are not getting dry. John Ingersoll spoke in opposition to the time increase suggesting the time of 45 seconds was adequate and could be decreased to 30 seconds based on previous statements of the resolution to state that the hours of operation for the blowers Strassers. Commissioner Hulbert made a motion to amend the be restricted from 1O:OO PM to 6:OO AM seven days a week and also, to allow the blowers to be operated for 60 seconds at a time, rather than the previously approved 45 seconds and, that the first Therefore Be It Further Resolved.....achieved in relation to Resolution #P.C. 77-95, and the second Be It Further Resolved, That as a result of this finding, .... both shall result be stricken from the resolution. Commissioner passed unanimously. Upon a roll call vote Amended Resolution Schaumberg seconded. Upon a roll call vote the amendment #P.C. 94-96 was adopted unanimously. 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. Court. On the floor for approval from the May 21, 1996, Plan Commission meeting. Assistant Trejo informed the Commission that the Lean-To had been reduced to meet code requirements for a shed structure, thus no longer needing Plan Commission approval. Commissioner Gummer made a motion to table, Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 99-96 was tabled unanimously. CONSENT BUSINESS: NONE NEW BUSINESS: 06-04 PCMIN; PAGE 3 RESOLUTION #P.C. 106-96 -- Recommendation of approval to amend the zoning map of the City of Muskego to change zoning on TAX ID #2218.001 (S81 W16964 Woods Road) from RS-2/0PD to ~~ RS-2/0PD/OD to permit the creation of two duplex lots (Boehm). Commissioner Vitt made a motion to approve, Commissioner Gummer seconded. Discussion ensued in regards to the density requirements for the OPD, the several duplex lots already in place in the subdivision, and the precedence that existing development. Upon a roll call vote, Resolution #P.C. this would set by permitting additional duplex lots in an 106-96 was denied unanimously. RESOLUTION #P.C. 107-96 -- Approval of Six (6) lot land division sketch by Fred A. Washa at the property located in NE 1/4 of Section 18. Commissioner Vitt made a motion to approve, Commissioner Gummer seconded. Discussion ensued in that this was the last portion of parcels that are involved with the extension of Pasadena Drive, south of Kimberly Estates down to Janesville Road. Director Sadowski pointed out that this extension of Pasadena Drive is illustrated on the City's official highway map and has been anticipated for over 20 years. Several residents of the newly platted Kimberly Estates subdivision (Neal Lehman, Wayne Graham, and Kim Wutke) expressed their concerns regarding the amount of traffic and the safety issues for their neighborhood and asked that Pasadena Drive not be made a through street. Commissioner Vitt made a motion to amend the resolution to state BE IT FURTHER RESOLVED, That the Plan Commission supports the goals for the area's development as generally illustrated in the submittals of neighboring propertlee approved on May 7, 1996 under Amended Resolutions #P.C. 84-96 and 85-96 and that and additional BE IT FURTHER RESOLVED, That the two parcels fronting Hillendale Drive maintain a minimum average width and frontage of 110'. Commissioner Hulbert seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 107-96 was adopted unanimously. RESOLUTION #P.C. 108-96 -- Approval of Certified Survey Map for the reconfiauration/expansion of a parcel owned by I Vi;ginia Habermeyer-located at-the NW 1/4 of Section 21 (Wl83 58874 Racine Avenue, Tax Key No. 2241.999.001). Commissioner Gummer made a motion to approve, Commissioner Vitt seconded. Discussion ensued whether the Plan Commission should wait until the properties are rezoned accordingly with their respective property boundaries, over the comments submitted by the City's engineers, whether the leg on the south end of the property should be a minimum of 60 feet in width to anticipate a future street and will this require Waukesha County DOT approval, and whether the easement in the southwest corner of the motion to defer until the properties are rezoned and the City Habermeyer property is sufficient. Commissioner Vitt made a e engineer's comments are addressed, Commissioner Gummer 06-04 PCMIN; PAGE 4 seconded. Upon voice vote, Resolution #P.C. 108-96 was deferred unanimously. Commissioner Hulbert left the meeting at approximately 9:05 PM. RESOLUTION #P.C. 109-96 -- Approval of temporary fireworks stand for Joe & Lynn Sorce at the property located at W129 57847 Racine Avenue (Muskego Center's Sentry Food Store, Tax Key No. 2192.973). Alderman Salentine made a motion to approve, Commissioner Schaumberg seconded. Discussion ensued over the existing temporary structures located in the shopping center and the degraded appearance it provides if more than one temporary use is located at the shopping center. Director Sadowski informed the Plan Commission that the dates of operation show that it will be gone the day before the resoltution for the temporary greenhouse does indicate that the petitioner's requested date to begin operation. Upon a roll call vote, Resolution #P.C. 109-96 was adopted unanimously. RESOLUTION #P.C. 110-96 -- Approval of temporary fireworks stand and signs by Dairyland Gifts & Souvenirs, Corp. at the property located at W191 S7691 Racine Avenue, Somar Enterprises (Tax Key No. 2192.973). Alderman Salentine made a motion to approve, Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 110-96 was adopted unanimously fireworks stand and siqns for Sam Tradinq, International, at RESOLUTION #P.C. 111-96 -- Approval of temporary the property located at S63 W13700 JanesGille Road (Lincoln Point Shopping Center, Tax Key No. 2162.997). Commissioner Schaumberg made a motion to approve, Alderman Salentine resolution to read WHEREAS, The proposed .... from 9:00 AM to seconded. Commissioner Gummer made a motion to amend the 12:OO AM and that the sixth WHEREAS, The location of the seconded. Upon a voice vote the amendment passed unanimously. fees..... be stricken from the resolution. Commissioner Vitt Upon a roll call vote, Amended Resolution #P.C. 111-96 was adopted unanimously. RESOLUTION #P.C. 112-96 -- Approval of Certified Survey Map for a two (2) Lot Land Division Reconfiguration/Expansion by Rudolph Heinrich at the property located in the SW 1/4 of Section 24, (Tax Key Nos. 2255.994.002 and 2255.994.003). Commissioner Schaumberg made a motion to approve, Commissioner Gummer seconded. Commissioner Schaumberg made a motion to amend the resolution to read THEREFORE BE IT FURTHER RESOLVED, That the Certified Survey May indicate that the existing 170 square foot shed be razed, that the proposed location of the accessory structure be indicated and that a reference to the conditions set in Amended Resolution P.C. #113-96 be placed on the Certified Survey Map. Commissioner Gummer seconded. Upon a voice vote the amendment passed unanimously. Upon a roll 06-04 PCMIN: PAGE 5 call vote, Amended Resolution #P.C. 112-96 was approved unanimously. a 31' x 30' accessory structure for Rudolph Heinrich and Paul Gross at the property located at S91 W13851 Boxhorn Drive (Tax Key No. 2255.994.003). Commissioner Vitt made a motion to approve, Commissioner Gummer seconded. Upon agreement by Paul Gross, Commissioner Vitt made a motion to amend the resolution to state BE IT FURTHER RESOLVED, That the existing 170 square foot accessory structure be razed within 120 days of approval of this Resolution. Commissioner Gummer seconded. Upon a voice vote the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 113-96 was approved unanimously. RESOLUTION #P.C. 113-96 -- Approval of the relocation of RESOLUTION #P.C. 114-96 -- Approval of Certified Survey Map for a four (4) lot land division bv Richard Bennett at the prbperty located in NE 1/4 of Section 23 and NW 1/4 of Section approve, Commissioner Schaumberg seconded. Discussion ensued 24 (Tax Key No. 2254.998). Commissioner Gummer made a motion to petitioner's Board of Appeals hearing and over the city in regards to the changes that were created after the until wetlands have been delineated in accordance with engineer's comments. Commissioner Vitt made a motion to defer petitioner's request dated May 23, 1996, Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 114-96 was deferred unanimously. RESOLUTION #P.C. 115-96" Approval of certified survey map for a two lot land division by Greq Franke for the prbperty located in the NE 1/4 of-Section 5 (Tax Key No. 2177.933). Alderman Salentine made a motion to approve, Commissioner Gummer seconded. Discussion ensued in regards to a motion to amend the resolution to read BE IT FURTHER future cross access along the parcel. Commissioner Gummer made provided for areas adjacent to the northern property line of RESOLED, That an indication of cross access agreement be Parcel 2. Commissioner Vitt seconded. Upon a voice vote the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 115-96 was adopted unanimously. RESOLUTION #P.C. 116-96" Approval of Amended Building Site and Operation Plan by the McDonalds Corporation for the site located at W189 S785i Racine Avenue (Tax Key No. Alderman Salentine seconded. Discussion ensued in regards to 2192.974). Commissioner Vitt made a motion to approve, the design of the addition and if alternate proposals should be provided to the Commission. Commissioner Gummer made a motion to defer until an alternative design can be provided by the petitioner, Commissioner Vitt seconded. Upon a roll call vote motion to defer was denied 3-2, Mayor De Angelis, Alderman Salentine and Commissioner Schaumberg voting no. Mark Goetzinger of McDonald's Corporation stated that wall signage facing Racine Avenue will consist of exposed neon tubing 06-04 PCMIN; PAGE 6 recessed in a reflecting framing. Upon a roll call vote, Resolution #P.C. 116-96 was adopted 3-2. Commissioner Gummer and Commissioner Vitt voting no. Mav for a three 13) lot land division by Metropolitan RESOLUTION #P.C. 117-96 -- Approval of a Certified Survey Engineering, Inc., for Ron Daliege at the property located at the NE 1/4 of Section 5 (Tax Key No. 2177.936.001). Alderman Salentine made a motion to approve, Commissioner Schaumberg seconded. Alderman Salentine made a motion to amend the resolution to read, THEREFORE BE IT FURTHER RESOLVED, That the grading and drainage plans be submitted for approval prior to the issuance of building permits and also THEREFORE BE IT parcel 2 stating that no further division be made of said FURTHER RESOLVED, That the deed restriction be placed on parcel. Commissioner Vitt seconded. Upon a voice vote the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 117-96 was approved unanimously. MISCELLANEOUS BUSINESS: .I None ADJOURNMENT : Commissioner Gummer made a motion to adjourn at 10:50 P.M., Commissioner Schaumberg seconded. Upon voice vote, motion Commission, the meeting adjourned. carried. With no further business to come before the Respectfully submitted, Sandra S. Asti Recording Secretary