Plan Commission Minutes 05-20MIN
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
May 20, 1997
Minutes of the Plan Commission held on May 20, 1997 in the Muskego Room, City
Hall, W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:56 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioner’s Hulbert, Smith, Gummer Vitt
and Director Sadowski.
ABSENT:
Commissioner Schaumberg
Secretary reported that the meeting was properly noticed in accordance with the Open
Meetings Law.
MINUTES:
Alderman Salentine made a motion to approve the minutes from May 06, 1997 meeting.
Commissioner Gummer seconded. Commissioner Hulbert made a motion to amend the
minutes to reflect that the following is added to Resolution #90-97--The Parks Board is
anticipating to see on final plat a pedestrian way from the end of Plum Creek Court to
Lannon Drive. Alderman Salentine seconded. Upon a voice vote, motion to approve
the amended minutes was passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 33-97 -- Recommendation of Approval of a Certified
Survey Map creating a two (2) lot land division for Green Clover Limited Partnership at
the property located in the SE 1/4 of Section 8 and the SW 1/4 of Section 9. This
resolution was brought back to the floor. Discussion ensued wherein this resolution
was deferred from last meeting and was on the floor as a Disapproval. Commissioner
Vitt made a motion to amend the title for Resolution #P.C. 33-97 to read
Recommendation of Approval of a Certified..... Alderman Salentine seconded.
Upon a voice vote, Resolution #P.C. 33-97 was Amended unanimously. Upon a roll
call vote, Amended Resolution #P.C. 33-97 was Adopted unanimously.
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RESOLUTION #P.C. 38-97 -- Approval of a Conceptual Building, Site and
Operation Plan for an assisted living center at the property located at W171 S7260
Lannon Drive. (Lakeview Tavern). This resolution was brought back to the floor.
Director Sadowski researched other communities for input on handling this type of
situation. Results were that this is considered to be multi-family development.
Petitioner’s agent, Mr. Pionek, stated that petitioner will request for the following
changes -- development to be a CBRF with twenty (20) units with no kitchen facilities in
the individual units. Alderman Salentine made a motion to amend the title for
Resolution #P.C. 38-97 to read Approval of a Conceptual Building Site and
Operation Plan for a Twenty (20) Unit CBRF....... and add to the THEREFORE BE IT
RESOLVED, Approval of a Conceptual Building Site and Operation Plan for a
Twenty (20) Unit CBRF. Commissioner Vitt seconded. Upon a voice vote, Resolution
#P.C. 38-97 was Amended unanimously. Upon a roll call vote, Amended Resolution
#P.C. 38-97 was Adopted unanimously.
RESOLUTION #P.C. 70-97 -- Approval of a Conceptual Building Site and
Operation Plan for an Assisted Living Center at the property located on parcel
2228.998 Woods Road (Rausch Property). This resolution was brought back to the
floor. Petitioner’s agent, Mr. Pionek requested a deferral for petitioner to consider
other options. Alderman Salentine made a motion to defer. Commissioner Gummer
seconded. Upon a voice vote, Resolution #P.C. 70-97 was Deferred unanimously.
RESOLUTION #P.C. 80-97 -- Approval of a Two (2) Lot Land Division Sketch
submitted by VID-Com Engrg. Inc., and Jorgen May at the property located in the SE
1/4 of Section 5 -- RECONSIDERATION. Commissioner Gummer made a motion for
Reconsideration of this resolution. Commissioner Hulbert seconded. Upon a roll call
vote, Resolution #P.C. 80-97 was brought back to the floor for Reconsideration.
Discussion ensued wherein petitioner is requesting not to be required to extend the
cul-de-sac to the north end of parcel. Petitioner states that the existing buildings would
be in right-of-way and necessitate to be torn down. Commissioner Hulbert made a
motion to amend Resolution #P.C. 80-97 to read in the THEREFORE BE IT
RESOLVED, ... the Public Works Committee. Extend the right-of-way with a sixty
(60) foot diameter temporary cul-de-sac paved to City standards at the end. The
right-of-way will end forty (40) feet from the Southeast corner of the existing
building with the balance of the temporary cul-de-sac extending no closer than
ten (10) feet to the existing building and to be contained in a temporary
easement. This will be submitted on Certified Survey Map. Commissioner Vitt
seconded. Upon a voice vote, Resolution #P.C. 80-97 was Amended unanimously.
Upon a roll call vote, Amended Resolution #P.C. 80-97 was Adopted unanimously.
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 Mutli-Family Portion of the Lake
Forest Planned Development in the SE 1/4 of Sec. 8 and the NE 1/4 of Section 17 (Ann
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K. Chandler). This resolution was brought back to the floor. Mayor De Angelis read a
letter from petitioner requesting to defer this item until the first Plan Commission meting
in June, 1997. Commissioner Hulbert made a motion to defer. Alderman Salentine
seconded. Upon a voice vote, Resolution #P.C. 83-97 was Deferred unanimously.
RESOLUTION #P.C. 90-97 -- Approval of Final Plat for Deer Creek Addition No.
1 by Premier Development for the property located in the SW 1/4 of Section 10. This
resolution was brought back to the floor. Discussion ensued wherein issues will need
to be reviewed and resolved after meeting with the Public Works and Utilities
Committees. Commissioner Gummer made a motion to defer. Commissioner Hulbert
seconded. Upon a voice vote, Resolution #P.C. 90-97 was Deferred unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 96-97 -- Approval of temporary signs and stand for sale of
fireworks for Lynn Sorce at the northeast corner of the Sentry parking lot in the
Muskego Center Shopping complex. (S74 W16890 Racine Avenue). This resolution
was read by title only. Commissioner Vitt made a motion to approve. Commissioner
Hulbert seconded. Discussion ensued wherein there will be an overlap in time for the
plant sales and fireworks on the same property. Commissioner Smith made a motion to
defer this item until Staff has an opportunity to contact the owner of the plant stand to
determine if the plant sales will be gone by the proposed June 24 start date for the
fireworks sales. Commissioner Gummer seconded. Upon a voice vote, Resolution
#P.C. 96-97 was Deferred unanimously.
RESOLUTION #P.C. 97-97 -- Approval of a second garage for Harold M.
Swanto, III at the property located at S76 W18234 Janesville Road. This resolution was
read by title only. Alderman Salentine made a motion to approve. Commissioner Vitt
seconded. Upon a roll call vote, Resolution #P.C. 97-97 was Adopted unanimously.
RESOLUTION #P.C. 98-97 – Approval of a free standing sign for So-Lite Signs
at the property located at S81 W18463 Gemini Drive. (Marek Lithographics). This
resolution was read by title only. Commissioner Hulbert made a motion to approve.
Commissioner Gummer seconded. Upon a roll call vote, Resolution #P.C. 98-97 was
Adopted unanimously.
NEW BUSINESS:
RESOLUTION #P.C. 99-97 -- Approval of Building, Site and Operation plan for
Conditional Use for Cathy Zmudzinski for a multi-screen movie theater at the 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 Gummer
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seconded. After lengthy discussion, petitioner’s architect, Frank Richardson
addressed the Commission with a color rendering, informed the Commission of
changes such as flat roof over lobby; rooftop HVAC will not be visible from roadway;
trees have been added along north elevation and within the parking field and perimeter;
brick has been added to east and west elevations. Traffic flow is the major concern
and, again, after lengthy discussion petitioner is willing to remove one driveway on
Tans and get easement on Racine. Record to show that this property is surrounded by
business zoning North and South. Much discussion regarding the building appearance
and whether the concrete block should be painted or color integrated in the block.
Commissioner Hulbert made a motion to amend resolution title to remove conditional
use and multi-screen and replace with APPROVAL OF A BUILDING, SITE AND
OPERATION PLAN FOR CATHY ZMUDZINSKI FOR A FOUR (4) SCREEN
THEATER...Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 99-97
was Amended unanimously. Commissioner Hulbert made a motion to amend resolution
to read, There will be a boulevard entrance and exist onto Racine Avenue. The
two driveways onto Tans Drive will be deleted off site plan subject to Fire
Department approval. Excel and decel lanes will be added on East and West side
Racine Avenue. Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C.
99-97 was Amended unanimously. Commissioner Gummer made a motion to amend
resolution to read, photometric study be done with 1/2 ft. candle on property line.
Street lights needs to be placed in right-of-way in boulevard entrance on Racine
avenue. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 99-97
was Amended unanimously. At this time, Mr. Wayne Salentine, agent for property
owner, Mary Thomas, addressed the Commission that Ms. Thomas will be willing to
work with the City regarding the comprehensive storm drainage plans. Discussion
ensued wherein the location of the retention pond and drainage issues will be deferred
to the Public Works Committee. Discussion ensued wherein it will be written on the
Certified Survey Map that any future expansion will require a Conditional Use Public
Hearing. Commissioner Vitt made a motion to defer this resolution until after the
Public Works Committee meeting on June 23. Commissioner Hulbert seconded. Upon
a voice vote, Amended Resolution #P.C. 99-97 was Deferred unanimously.
RESOLUTION #P.C. 100-97 – Approval of a conceptual Building, Site and
Operation plan at the property located at the southeast corner of Loomis Road and
North Cape Road (USH 45) for Jay Erdman. Alderman Salentine made a motion to
approve. Commissioner Smith seconded. Discussion ensued wherein petitioner has
requested to park moving vans across the street from his business. Petitioner will work
with Staff on the number of vehicles to be parked on site along with hard surfacing the
ingress and egress areas of property. Per petitioner’s request, Commissioner Hulbert
made a motion to amend resolution’s title to read, APPROVAL OF ........NORTH CAPE
ROAD (USH 45) FOR ERDMANN BROTHERS INC. BY DALE ERDMANN. In the
first WHEREAS, Erdmann Brothers Inc. by Dale Erdmann submitted... Alderman
Salentine seconded. Upon a voice vote, Resolution #P.C. 100-97 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 100-97 was Adopted
unanimously.
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RESOLUTION #P.C. 101-97 -- Approval of a Sketch creating a four (4) lot parcel
land division in the NW 1/4 of Section 13 of the Fitzsimmons property. (Northside of Hi
View Drive, east of Durham Road). Commissioner Gummer made a motion to
approve. Alderman Salentine seconded. Petitioner’s agent, Attorney T. Michael
Schober addressed the Commission that after discussion with Director Sadowski, an
alternative lot configuration to avoid flag lots and private street may be appropriate.
Petitioner’s representative, Attorney T. Michael Schober, explained that their original
proposals, as well as staff’s proposals present too great a cost or risk. As such, his
client would not object to limiting the proposal to two lots. Commissioner Hulbert made
a motion to amend title of resolution to read, APPROVAL OF A SKETCH CREATING
A TWO (2) LOT LAND DIVISION..... Commissioner Vitt seconded. Upon a voice
vote, Resolution #P.C. 101-97 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 101-97 was Adopted unanimously.
RESOLUTION #P.C. 102-97 -- Approval of a Certified Survey Map creating a
two (2) lot land division for Rufus & Merle Lowe at the property located at W208 S8151
Hillendale Drive. Commissioner Vitt made a motion to approve. Commissioner Smith
seconded. Director Sadowski advised that the submittal is in compliance.
Commissioner Hulbert made a motion to amend resolution to read, THEREFORE BE
IT RESOLVED, That petitioner has sixty (60) days from adoption of resolution by
Plan Commission to decrease the size of the pole barn to no larger than 1065
square feet with a possible 10% variance (1171.5 square feet). This amendment
will be placed on Certified Survey Map. Alderman Salentine seconded. Upon a voice
vote, Resolution #P.C. 102-97 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 102-97 was Adopted unanimously.
RESOLUTION #P.C. 103-97 -- Approval of a Sketch creating a two (2) parcel
land division in the NE 1/4 of Section 13 of the Serfort property. (Tax Key No.
2209.934.002). Commissioner Gummer made a motion to approve. Alderman
Salentine seconded. Discussion ensued wherein the property will be rezoned after
sewer project is completed. Upon a roll call vote, Resolution #P.C. 103-97 was
Adopted unanimously.
RESOLUTION #P.C. 104-97 -- Approval of a Sketch creating a two (2) parcel
land division and a one (1) lot reconfiguration and expansion in the SE ¼ of Section 31
of the Brodel property. Alderman Salentine made a motion to approve. Commissioner
Gummer seconded. Petitioner is creating a conforming lot out of a non-conforming lot.
Upon a roll call vote, Resolution #P.C. 104-97 was Adopted unanimously.
At 11:00 P.M. Chairman De Angelis called for a short recess. Meeting was called back
to order at 11:05 P.M.
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RESOLUTION #P.C. 105-97 -- Recommendation of Approval of a
Nonsubstantial change to Planned Unit Development of Villages of Muskego Lakes by
Lakeside Homes, Agent for Villages at Muskego Lakes. This resolution was read by
title only. . Alderman Salentine made a motion to approve. Commissioner Gummer
seconded. Director Sadowski informed Commission that Staff’s interpretation of height
ordinance is being challenged at the Board of Appeals. Alderman Salentine made a
motion to defer this item. Commissioner Vitt seconded. Upon a roll call vote,
Resolution #P.C. 105-97 was Deferred unanimously.
RESOLUTION #P.C. 106-97 -- Approval of a conceptual Building, Site and
Operation Plan for a middle school for the Muskego-Norway Schools at the property
located in the NW ¼ of Section 31. Commissioner Vitt made a motion to approve.
Commissioner Hulbert seconded. Discussion ensued where the middle school will be
located on the southeast corner of Kelsey Drive and Crowbar Drive. Dr. Drury advised
the Commission that this location would be an opportunity for the City and School to
work together for the good of the community. Dr. Drury explained that the open areas
would be seeded and be a good buffer from the school and residential area. Mr. Terry
Higgins, Bray Associates, gave a description of parking for staff, drop-off and special
evening events and explained the layout of school and surrounding areas. Mr. Ray
Christenson, President of Lake Denoon Association welcomed the idea of having the
school at this location compared to a residential area. Mr. Christenson also expressed
concern of having the City and School work together on a siltation pond proposal. At
this time, Ms. Kim Gabriel, Vice President of the Lake Denoon Association, wanted the
Commission to be aware that a 100/2 year plan design recommended by the
Stormwater Advisory Committee and a large sedimentation area would be needed in
this area. Upon a roll call vote, Resolution #P.C. 106-97 was Adopted unanimously.
RESOLUTION #P.C. 107-97 – Recommendation of approval to the Common
Council for rezoning the property located in the NW ¼ of Section 31 from RS-2,
Suburban Residence District to a RS-2/OIP, Suburban Residence District with an
Institutional Public Service Overlay. (Muskego-Norway Schools). Commissioner
Hulbert made a motion to approve. Alderman Salentine seconded. Upon a roll call
vote, Resolution #P.C. 107-97 was Adopted unanimously.
*RESOLUTION #P.C. 108-97 – Approval of a Conditional Use Grant for a two
(2) family residence for Robert M. Leichtfuss for the property located at W124 S8085
North Cape Road. Alderman Salentine made a motion to approve. Commissioner
Gummer seconded. Upon a roll call vote, Resolution #P.C. 108-97 was Adopted
unanimously.
MISCELLANEOUS BUSINESS:
Delaney - relief from bond (re: berm) -- due to snow removal, the salt used is
killing trees. After discussion, Plan Commission felt that the berm should be installed
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as proposed in the approved landscape plan.
Hayrides, etc. clarification of code enforcement -- Plan Commission will not be
looking to review seasonal events, such as hayrides, corn roasts, haunted houses, etc.
The general rule being if no fee is charged or the organization is non-profit/charitable.
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 11:57 P.M. Commissioner Vitt
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