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Plan Commission Minutes 09-16MIN CITY OF MUSKEGO PLAN COMMISSION MINUTES SEPTEMBER 16, 1997 Minutes of the Plan Commission held on September 16, 1997 in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:05 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Hulbert, Schaumberg, Vitt, Smith, Gummer and Director Sadowski. Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Commissioner Schaumberg made a motion to approve the minutes of the September 02, 1997 meeting. Commissioner Vitt seconded. Upon a voice vote, motion to approve the minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 83-97 -- Recommendation of Approval by the Plan Commission to the Common Council for the conceptual amendment of the Master Development Plan for Phase II of the Overlook Bay Multi-Family Portion of the Lake Forest Planned Development in the SE 1/4 of Section 8 and the NE 1/4 of Section 17 (Ann K. Chandler). This resolution was brought back to the floor. Attorney Ann Chandler responded to City Attorney Molter’s comments, stating that she felt a substantial change to the PUD has taken place as a result of the approved MSI General site plan for the Muskego Centre. Both Attorney Chandler and Mr. Bob Patch stated that Lake Forest had not been notified nor was there a public hearing held regarding this change. Mr. Patch stated that since the easement agreements were between private parties, the City is not party to it and thus should enforce the approved OPD concept. Mr. Patch has met with Mr. Berg who is not interested in having an access road. Commissioner Hulbert made a motion to defer allowing Staff to review petitioner’s comments with City Attorney. Attorney Chandler stated a written response outlining their position will be provided for City review. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 83-97 was Deferred unanimously. 09-16-97 PCMinutes Page 2 RESOLUTION #P.C. 163-97 -- Approval of an Amended Building, Site and Operation Plan for Bethel Evangelical Lutheran Church at the property located at S77 W18426 Janesville. This resolution was brought back to the floor. Petitioner has submitted two plans showing double and single fixtures for exterior lights in the parking area. Revised plans show zero degree tilt along with pole placement. Commissioner Vitt made a motion to amend resolution, in the third WHEREAS, The Plans submitted on September 11, 1997 include the addition of four (4), fifteen (15) foot pole fixtures with a cut-off floodlight consisting of a high-pressure sodium fixture on a zero degree angle spaced along the front parking lot. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 163-97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 163-97 was Adopted unanimously. RESOLUTION #P.C. 175-97 --Approval of an Amended Building, Site and Operation Plan for Forest Home Enterprise at the property located at S63 W13187 Janesville Road. This resolution was brought back to the floor. Director Sadowski stated that nothing has been submitted to review. Alderman Salentine made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 175- 97 was Deferred unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 176-97 -- Approval for a 22 x 26 foot Accessory Structure for the Wehr property located at W147 S7250 Durham Drive. Commissioner Hulbert made a motion to approve. Commissioner Vitt seconded. Upon a roll call vote, Resolution #P.C. 176-97 was Adopted unanimously. RESOLUTION #P.C. 177-97 -- Approval of a Hobby Kennel at the Wamser property located at S75 W20755 Field Drive. This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Director Sadowski reported that the petitioner has submitted deed restriction combining two tax key numbers. Upon a roll call vote, Resolution #P.C. 177-97 was Adopted unanimously. RESOLUTION #P.C. 178-97 -- Approval for a 30 x 40 foot Accessory Structure for the Pizur property located at W147 S7272 Durham Drive. This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Discussion ensued wherein per Zoning Code, petitioner is allowed a total of 1,520 square feet of total outbuildings. Mr. Pizur has an existing 1,080 square foot pole building leaving 440 square feet for remaining outbuildings. Petitioner is requesting a 1200 square foot size building due to the acreage of his property and the need to house horses, feed, and horse buggy. Upon a roll call vote, Resolution #P.C. 178-97 was Adopted unanimously at a size no larger than 440 square feet. Petitioner requested consideration for a larger building than approved by the resolution as it stands. (H would like to build up to 600 square feet of pole building) due to time 09-16-97 PCMinutes Page 3 element in trying to build pole barn before the winter. Commissioner Vitt made a motion to bring Resolution #P.C. 178-97 back to the floor for reconsideration. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 178-97 was brought back to the floor for reconsideration. Discussion ensued considering a larger size outbuilding. Commissioner Vitt made a motion to amend resolution in the THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 440 square foot structure but finds appropriate the petitioner’s request for up to 600 square feet subject to approval by the Board of Appeals for Mike Pizur at the property..... Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 178- 97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 178- 97 was Adopted unanimously. RESOLUTION #P.C. 179-97 -- Approval of a Fence within ultimate Right-of-Way for the Webb property located at S70 W17575 Muskego Drive. Commissioner Hulbert made a motion to approve. Commissioner Vitt seconded. Upon a roll call vote, Resolution #P.C. 179-97 was Adopted unanimously. RESOLUTION #P.C. 180-97 --Approval of an Amended Building, Site and Operation Plan for Jeff Favre at the property located at S102 W19570 Kelsey Drive (Broke Spoke). Alderman Salentine made a motion to approve. Commissioner Smith seconded. Discussion ensued wherein the petitioner is proposing interior remodeling along with addition of deck; paving and expanding parking area; dumpsters; fencing and additional landscaping. Director Sadowski informed Commission of Staff’s concerns with the exterior proposed improvements. Petitioner’s representative, Tim Finke of T. L. Finke & Associates, advised Commission that the petitioner is willing to work with Staff to bring the building into conformance. The parking issues seem to be item most needed to be resolved. Alderman Salentine made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That leased parking area will be chained unless a special event permit is given by the Finance Committee. Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 180-97 was Amended with a 6-1 vote. Commissioner Gummer voting no. At this time Sandra Kogutkiewicz addressed the Commission on behalf of a number of residents in the area. Mrs. Kogutkiewicz’s concerns are the noise and amount of people both inside and outside of the building. Mrs. Lois Perelli stated that noise from the outside TVs strangers standing near her property for extended periods of time have made it extremely difficult for her to enjoy using her backyard. Mr. Stueber stated that the residents have lost their rights to parking on the street due to the No Parking signs. Mr. Stueber said that their quality of life has suffered from the noise from the motorcycles along with the people inside and outside of the bar. Mr. David Westlund owns property and his tenants were told this would be a low-key operation and to date this has not been the case. Mr. Westlund is also concerned with the water drainage on his property. Commissioner Hulbert made a motion to twice amend the resolution to state, BE IT FURTHER RESOLVED, That the septic system be approved by Waukesha County. That the paving of the parking lot must be completed by November 1, 1997 regardless of approval by Waukesha County. Dumpsters need to be 09-16-97 PCMinutes Page 4 relocated per Staff’s suggestions and comply with zoning standards. On-site parking can be no closer than ten (10) feet to the south and east lot line. Trees must remain on Kelsey Drive. Perimeter landscaping and lighting plans must be submitted to Plan Commission. No occupancy permits for any additional inside work or deck until requirements are met and plans submitted for approval. Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 180-97 was Twice Amended unanimously. Upon a roll call vote, Twice Amended Resolution #P.C. 180-97 was Adopted unanimously. RESOLUTION #P.C. 181-97 -- Approval of a Conceptual Review of a Building, Site and Operation Plan for Muskego Moose Lodge at the property located at S86 W21695 Janesville Road. Commissioner Hulbert made a motion to approve. Alderman Salentine seconded. Discussion ensued wherein petitioners are proposing to construct new building and upon completion will remove old building. The building will need to be positioned to accommodate future right-of-way of Janesville Road. After reviewing color rendering, Commission expressed approval of shingles and masonry on building with possible cedar siding on east and south sides rather than steel. Upon a roll call vote, Resolution #P.C. 181-97 was Adopted unanimously. RESOLUTION #P.C. 182-97 – Recommendation of Approval of a Certified Survey Map creating a five (5) lot land division for Boehm Construction at the property located in the SE 1/4 of Section 16. This resolution was read by title only. Commissioner Vitt made a motion to approve. Commissioner Gummer seconded. Petitioner did not get the certified survey recorded within the allotted thirty (30) days. No changes have been made. Upon a roll call vote, Resolution #P.C. 182-97 was Adopted unanimously. After discussion of Resolution #P.C. 183-97, Commissioner Hulbert made a motion to bring Resolution #P.C. 182-97 back to the floor for reconsideration. Commissioner Vitt seconded. Upon a roll call vote, Resolution #P.C. 182-97 was brought back to the floor for reconsideration. Discussion ensued wherein a note regarding the road to the hatchery should be placed on the certified survey map. Commissioner Hulbert made a motion to amend the resolution to state, BE IT FURTHER RESOLVED, That upon selling parcel 1, or parcels 2, 3 and 4, no Building Permits will be issued until the fish pond access road has been moved. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 182-97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 182-97 was Adopted unanimously. RESOLUTION #P.C. 183-97 -- Approval of an Amended Building, Site and Operation Plan for Greg Boehm at the property located at S84 W17488 Woods Road. Commissioner Hulbert made a motion to approve. Alderman Salentine seconded. Director Sadowski described the petitioner’s request for new building. Discussion ensued wherein Mr. Greg Boehm and his daughter, Pam, felt that they should not have appeared before the Plan Commission. Director Sadowski cited Section 6.11(1) of Chapter 17 and Resolution #P.C. 36-96 which clearly give the Commission the 09-16-97 PCMinutes Page 5 authority to review this item. Due to concerns on this site in the past, the Commission wanted to know how this building will be utilized and that the equipment stored onsite will be used for the hatchery business not petitioner’s construction business. Mr. Boehm stated that equipment is used for the hatchery. Mr. Boehm also stated that he sells in excess of 10,000 pounds of fish annually. Alderman Salentine made a motion to amend the resolution to remove the third, fourth, and fifth WHEREAS paragraphs. In the THEREFORE BE IT RESOLVED, remove and/or rezoning. Add to resolution, BE IT FURTHER RESOLVED, That building will not be used for commercial purposes, and construction equipment stored on site is used for agricultural purposes 90% of the time. Commissioner Hulbert seconded. Commissioner Vitt abstained from voting on this resolution. Upon a voice vote Resolution #P.C. 183-97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 183-97 was Adopted unanimously. RESOLUTION #P.C. 184-97 -- Approval of a Building, Site and Operation Plan for Wiza Investments at the property located in the SE corner of Apollo and Mercury Drive. Alderman Salentine made a motion to approve. Commissioner Smith seconded. Discussion ensued wherein petitioner will need cross access agreement along with drainage easement along Mercury Drive. Dumpster location not addressed on site plan. Signage will need to be submitted. Alderman Salentine made a motion to amend resolution to state, BE IT FURTHER RESOLVED, That dumpster located on the eastern edge of property. Additional landscaping to east property line approval by Staff. Lighting in rear of buildings need to be shielded. Future signage plans to be submitted to Plan Commission for approval. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 184-97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 184-97 was Adopted unanimously. RESOLUTION #P.C. 185-97 – Recommendation of Approval of a Certified Survey Map creating a two (2) lot land division for the Thomas property located in the SE 1/4 of Section 5. (Southeast corner of Racine Avenue and Tans Drive). Alderman Salentine made a motion to approve. Commissioner Smith seconded. Director Sadowski stated that the Certified Survey Map meets all zoning regulations but needs to have items added: drainage and utility easements; location of test wells; limits of landfill; cross access easements; access restrictions need to be shown on Tans Drive; and no access to Hillendale permitted. Parcel 2 needs landscaping buffer along Hillendale. Petitioner’s representative, Mr. Wayne Salentine, stated that there will be no problem in getting items placed on the Certified Survey Map, after appearing at the Public Works Meeting on September 22, 1997. Alderman Salentine made a motion to amend resolution to state, BE IT FURTHER RESOLVED, That this Certified Survey Map will not go to Common Council until all changes have been made. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 185-97 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 185-97 was Adopted unanimously. 09-16-97 PCMinutes Page 6 MISCELLANEOUS BUSINESS: Director Sadowski requested that the issue of caretakers residents/residential units as applied to an RS-2/OHS zoning district be brought to the floor for discussion; specifically Tootmeisters at W191 S6409 Hillendale. This property has had a residence on site in the past but has not received a conditional use. Staff looking for direction as ordinance seemed to offer opposing direction. Plan Commission was in agreement that property would not need conditional use to resume residential use. ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 10:15 P.M. Alderman Salentine seconded. Upon a voice vote, motion carried. With no further business to come before this Commission, the meeting was adjourned. Respectfully submitted, Sandra S. Asti Recording Secretary