Plan Commission Minutes 05042021 ApprovedCITY OF MUSKEGO
PLAN COMMISSION MINUTES
05/04/2021
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
APPROVED
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SKEGO
Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf and Oliver, Planner
Trzebiatowski.
Absent: Commissioner Gazzana.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the Minutes from the April 7, 2021 meeting.
Commissioner Buckmaster made a motion to approve the April 7, 2021 minutes. Commissioner Graf
seconded. Motion to approve passed unanimously.
CONSENT BUSINESS
RESOLUTION PC 025-2021 Approval of a Metal Roof Accessory Structure for Tonia
Butkovic located at S70 W16670 Hedgewood Drive / Tax Key No. 2171.116.
RESOLUTION PC 026-2021 Approval of a Two -Lot Certified Survey Map for Richard Knudsen
II located at W192 S6647 Hillendale Drive / Tax Key No. 2177.933.
RESOLUTION PC 029-2021 Approval of a Second Accessory Structure located at W138
S7119 Sherwood Circle / Tax Key No. 2206.998.017.
RESOLUTION PC 030-2021 Approval of a Metal Roof Accessory Structure for the
Mattson residents located at W 191 S7436 Richdorf Drive / Tax Key No. 2189.146.
Alderman Madden made a motion to approve the consent business engross. Commissioner Oliver seconded.
Motion to approve passed unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 023-2021 Recommendation to Common Council to Rezone a property from
RC-2 Rural Country Estate to PD Planned Development for Kaerek Homes, Inc. located at
Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997.
Planner Trzebiatowski provided an overview of the rezoning. The petitioner is seeking a Planned
Development based upon the RS-2 Suburban Residence District and the Shoreland Wetland Zoning. There
was a Public Hearing last Tuesday and there were no comments. There were two emailed comments related
to protecting the park, keeping speeds down, and why a Planned Development is needed rather than use the
RS-2 zoning. The plan meets the Comprehensive Plan with .989 units per acre. There are 45 lots on 45.5
acre property. As part of the development there are three roads. The petitioner is not asking for a reduced lot
size. The petitioner is asking for offsets of 100 feet width reduced from 110 feet, 30-foot setback reduced from
40 feet, 15-foot offsets reduced from 15 and 20 feet, and the rear offset to be increased to 25 feet from 20
feet. The applicant is also not asking for any density bonus. The rezoning would be subject to final plat
approval.
Commissioner Graf asked to clarify that this is only a recommendation to Council. Mayor Petfalski confirmed
this is only a recommendation.
Commissioner Graf asked when the setback requests come into play. Planner Trzebiatowski explained the
rezoning request includes the setback changes as part of the Planned Development District.
Alderman Madden made a motion to approve Resolution PC 023-2021. Commissioner Graf seconded.
Motion to approve passed unanimously.
RESOLUTION PC 024-2021 Approval of a Preliminary Plat for the Mallard Pointe
Subdivision located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and
2211.997.
Planner Trzebiatowski explained that this is the second half the previous request. There are 45 lots and 5
outlots. The development complies with the Comprehensive Plan and the technical review is underway.
Alderman Madden made a motion to approve Resolution PC 024-2021. Commissioner Graf seconded.
Motion to approve passed unanimously.
RESOLUTION PC 027-2021 Approval of a Building, Site and Operation Plan Amendment
for Jennifer Halverson of Tail Spin Bar & Grill located at S64 W18295 Martin Drive / Tax
Key No. 2174.189.
Planner Trzebiatowski provided an overview of the proposal including permanent outdoor seating on the south
side of the existing business. In July of last year the applicant did obtain staff approval for temporary outdoor
seating and this would make that seating permanent. They are working with the clerk's office for needed
approvals for liquor and music outdoors. Staff does not see any issues, but note that review is needed for any
signage or lighting. Otherwise there are no issues with what was there last year.
Commissioner Graf asked if this is moving from temporary Covid outdoor seating to permanent outdoor
seating. Planner Trzebiatowski confirmed. Commissioner Graf asked about any upgrades. Commissioner
Graf asked the petitioner what is intended or if there are any improvements being made. The petitioner
explained that they are discussing concrete patio where some gravel currently exists, but otherwise looking at
the tables and seating. Planner Trzebiatowski explained that some of the area is concrete and there is an
area of gravel. They are not adding anything.
Mayor Petfalski asked to clarify if most of the tables are on the paved area. The petitioner said for the most
part the tables are on the paved area but there were a couple tables on the gravel. The gravel area is packed
down and so rocks are not being kicked up.
Commissioner Graf said this is just underwhelming compared to other things that have been approved by the
Plan Commission. Planner Trzebiatowski explained that in the past the Plan Commission have asked for a
one-year review to see if there are improvements that should be made to the property to accommodate the
outdoor seating. Mayor Petfalski explained that they are coming in at one level and the Plan Commission
would like to see the property improve rather than deteriorate. Commissioner Graf explained that a one-year
review is a fantastic idea and everyone wants to see the business succeed and be pro -business and
recommends a one-year review and hopefully the petitioner can come back and say everything was a success
and have some planned upgrades.
Commissioner Buckmaster made a motion to approve Resolution PC 027-2021. Commissioner Oliver
seconded. Commissioner Graf made a motion to include a one-year review. Commissioner Oliver seconded.
Motion to Amend Resolution PC 027-2021 passed unanimously. Motion to approve passed unanimously.
RESOLUTION PC 028-2021 Approval of a Building, Site and Operation Plan Amendment for
Andrew Jacobsen of Lucky's at the Lodge located at S74 W17096 Janesville Road / Tax Key
No. 2198.984.013.
Planner Trzebiatowski explained this proposal is very similar to the outdoor seating area approval last year at
staff level and planned for the duration of the summer season. They are planning different events and music
and have been working with the Clerk's office. This outdoor seating will not impede on the drive aisle for
planning and fire safety and as for parking there is quite a bit of parking on -site as the busy time for this use
will likely be opposite the other tenants in the building as well as some unused parking behind the building and
if needed the on -street parking along Lannon Drive. Staff is recommending approval so long as the drive aisle
not obstructed and the is approval is for 2021 and any subsequent years would require Plan Commission
approval.
Alderman Kubacki mentioned his concern that the tent is across the drive aisle from the building so anyone
going to the outdoor tent will be walking through the drive aisle and a blind corner from the back of the
building. Commissioner Oliver mentioned that he was there last year and people were very careful and there
were a significant number of employees there making sure safety was a priority.
Commissioner Buckmaster also spend time there last year and found that safety was not an issue.
Planner Trzebiatowski explained that this building is surrounded by a drive aisle so there really isn't a second
location on site that would be better.
Commissioner Buckmaster made a motion to approve Resolution PC 028-2021. Commissioner Graf
seconded. Motion to approve passed unanimously.
RESOLUTION PC 031-2021 Approval of a Building, Site and Operation Plan Amendment for
Pop's MarketPlace located at S70 W16050 Janesville Road / Tax Key No. 2172.999.
Planner Trzebiatowski explained that this is a continuation of the activities and events the petitioner was
approved for last year. This is another case of the one-year approval, or trial run where the petitioner is back
for approval moving forward. There were no issues or concerns from anyone last year events. The same
types of events are approved moving forward and this resolution is drafted to provide approval for similar
events of the same scale including the food trucks, mini -markets, and music while maintaining the site
standards such as ensuring the drive aisle is free for vehicles and the parking areas are open to patrons. This
approval is written for only Pop's MarketPlace moving forward and if someone else were to come along a new
approval would be needed. This is not meant to be another one-year approval, but rather an approval moving
forward with the standards and the ability to come back to Plan Commission if issues arise with noise, parking,
refuse enclosures, etc. Mayor Petfalski added that there is a parking agreement with ProHealth for overflow
parking on the weekends.
Alderman Madden made a motion to approve Resolution PC 031-2021. Commissioner Graf seconded.
Motion to approve passed unanimously.
MISCELLANEOUS BUSINESS
Discussion of material usage and quantity of accessory structures on residential property.
Planner Trzebiatowski explained that there are more and more accessory buildings on the agendas. As of
now all accessory structures must match the colors and materials as the home. Metal as a roofing material
has become more popular. This started as a discussion that is now in front of the Plan Commission and could
start as a policy change that could be codified in the future that essentially sets parameters where residents
can get approval for a smaller structure with a metal roof that matches color they can just go through a permit
review rather than going through the Plan Commission for approval. Possible guidelines would be a smaller
structure, or 15' x 15' or 225 square feet with a metal roof. This size would allow the smaller shed and the
standard pergola's that we are seeing. They would still be required to have matching color, but would not
need Plan Commission approval, which would save time and money for the residents. A car port structure
with a metal roof would still need Plan Commission approval. This would not include any buildings that have
metal sides.
A second category would include the number of buildings. Right now everyone is allowed one structure 120
square feet or less and one structure over 120 square feet. If someone has a small shed and wants another
or a pool cabana, right now they must come to Plan Commission for approval even though they are well below
the total size limit for the property. The second proposal allows for two of one category and one of the other
for a total of three accessory structures without needed Plan Commission approval. The total size limits
remain as it exists now, but it may be easier for some land owners.
Commissioner Oliver asked about the setbacks. Planner Trzebiatowski explained that setbacks and offsets
are not affected by this change at all.
Mayor Petfalski said that they need to follow all of the guidelines and rules, but just wouldn't need to come to
Plan Commission. Planner Trzebiatowski explained that based on the number of approvals of almost 30 in
indicates that this is not that big of a deal. Mayor Petfalski mentioned that it saves the applicant $100.
Commissioner Graf mentioned that the color match for a metal roof is still required. Planner Trzebiatowski
explained that a waiver for the colors matching would still require Plan Commission approval.
Mayor Petfalski asked that a resolution be put together so there is a record of the policy change.
ADJOURNMENT
Commissioner Bartlett made a motion to adjourn. Alderman Madden seconded. Meeting adjourned.
Respectfully Submitted,
Aaron Fahl, AICP
Associate Planner