Plan Commission Minutes PC-11-03
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
NOVEMBER 3, 1998
Minutes of the Plan Commission held on November 3, 1998, in the Muskego Room, City Hall,
W182 S8200 Racine Avenue.
Alderman Salentine called the meeting to order at 7:00 P.M.
PRESENT:
Alderman Salentine, Engineer Zoppa, Commissioner’s Gummer, Smith, Schaumberg, Hulbert
and Planning Director Sadowski
Secretary reported that the meeting was properly noticed in accordance with the Open Meeting
Law.
MINUTES:
Commissioner Hulbert made a motion to approve the minutes of the October 20, 1998,
meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the
minutes was passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 158-98 -- Approval of an amendment to a Building, Site and
Operation Plan for the St. Leonard Church at the property located at W173 S7743 Westwood
Drive. This resolution was brought back to the floor for discussion. Director Sadowski stated
that petitioner has submitted revised plans decreasing the size of the building to 24 feet by 64
feet; building will have a shingled roof with double four (horizontal) siding. Petitioner also
proposed screening on the east lot line with sixteen (16) arborvitae. Petitioner’s
representative, Mr. Steve Berg, advised Commission that color of the building would be yellow
vinyl siding with white aluminum soffit and facia. Commissioner Hulbert made a motion to
amend resolution to read, THEREFORE BE IT RESOLVED, That the east property line will
be screened with sixteen (16) six (6) foot arborvitae. The roof will be shingled. Siding
will be double four horizontal vinyl color to match existing garage. Service door and
double overhead doors will be facing the west. Commissioner Smith seconded. Upon a
voice vote, Resolution #P.C. 158-98A was Amended. Upon a roll call vote, Amended
Resolution #P.C. 158-98A was Adopted unanimously.
RESOLUTION #P.C. 165-98 -- Approval to amend 100 year flood plain and alter
wetland boundaries for the Ryback property located in the SE ¼ of Section 17. This resolution
was brought back to the floor for discussion. No new submittals have been received. Staff
has made several attempts to contact petitioner by phone and written correspondence with no
reply from petitioner. Upon a roll call vote, Resolution #P.C. 165-98 was Denied without
Prejudice unanimously.
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RESOLUTION #P.C. 168-98 -- Approval of a Conceptual Preliminary Plat for the
Rosewood Estates Subdivision by Glen Miller, located in the NE and NW ¼’s of Section 11.
(Tax Key No. 2202.994). This resolution was brought back to the floor for discussion.
Petitioner is awaiting survey of wetland field delineation. Commissioner Schaumberg made a
motion to defer. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 168-
98 was Deferred unanimously.
RESOLUTION #P.C. 177-98 – Approval of a two (2) lot sketch land division for the
Wiza property located in the NE ¼ of Section 17. (Tax Key No. 2221.010 / W189 S8184 and
S8188 Mercury Drive). This resolution was brought back to the floor for discussion. Director
Sadowski stated that petitioner has not submitted detailed grading plans for Public Works
Committee as previously requested. Engineer Zoppa made a motion to defer this item until the
first Plan Commission in December allowing petitioner time to submit plans for the Public
Works Committee which will met at the end of November. Commissioner Hulbert seconded.
Upon a voice vote, Resolution #P.C. 177-98 was Deferred unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 183-98 --Recommendation of approval of an Extraterritorial
Certified Survey Map for the Jacobson property located in the NW 1/4 of Section 05, Town of
Norway. This resolution was read by title only. Upon a roll call vote, Resolution #P.C. 183-98
was Adopted unanimously.
NEW BUSINESS:
RESOLUTION #P.C. 184-98 – Approval of a Conditional Use for an animal hospital
(more specifically a pet shop) for the Northland Development, Inc., property located at S75
W17321 Janesville Road. Commissioner Hulbert made a motion to approve. Commissioner
Gummer seconded. Petitioner proposing to partition off the western half of the Builder’s
Carpet tenant space and install a pet store in this area. A Conditional Use is required as
animals will be housed here awaiting to be sold. Staff has the following concerns: type of air
handling system to control odors; size of sign on front wall; written description of types of small
mammals; reptiles and fish that will be sold; will there be any grooming or medical care
provided; are there special requirements for handling of animal waste. Petitioner, Mr. Jerry
Hoeft, informed Commission that there will be four ceiling fans and four heppa filters in pet
area to eliminate odors. This area will be cleaned on a daily basis. Mr. Hoeft is having a sign
made that measures approximately 3 x 10 feet and should be less than the 5% as required.
Staff will need height of building to determine if the proposed sign is appropriate. Discussion
ensued wherein Builder’s Carpet will also need to reduce their existing signage to comply with
ordinance. Mr. Hoeft stated that the mammals he will have in the pet store would be: gerbils,
hamsters, hedgehogs and chinchillas. No dogs, however, there is a possibility that cats will be
available from time to time. The fish would consist of small tropical types along with goldfish.
Reptiles would be chameleons, geckos, frogs and possibly small snakes. Mr. Hoeft stated that
no veterinarian will be on site. The only service offered would be to clip bird’s wings.
Petitioner was not aware of any special requirement for eliminating animal waste other than
bagging and disposing in the dumpster. Discussion ensued wherein there should be uniform
signage for the two tenants in this building. Builder’s Carpet will need to come to Plan
Commission for sign approval changing the size of existing sign due to loss of store frontage.
Mr. Hoeft voiced that he would contact Builder’s Carpet to possibly have both signs made at
the same time. Staff was directed to check with health department regarding rules or
regulations to the proximity of a pet store to a restaurant. Commissioner Gummer made a
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motion to amend resolution and add in the third WHEREAS, the pet store would include the
..….wild bird seed. No animal care or grooming of animals other than those offered for
sale shall occur. Add to the resolution, THEREFORE BE IT RESOLVED, That pet store will
have their own dumpster, and not share with other tenants. Signage will need to be
submitted for review. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C.
184-98 was Amended. Upon a roll call vote, Amended Resolution #P.C. 184-98 was Adopted
unanimously.
RESOLUTION #P.C. 185-98 – Recommendation of approval to rezone 21 acres of the
North Cape Farms, Inc., property from R-3, Country Home District to RSE/OPD, Suburban
Estate District with a Planned Development Overlay located in the SE ¼ of Section 13. (W126
S8662 North Cape Road). Commissioner Hulbert made a motion to approve. Engineer Zoppa
seconded. Petitioner proposing to rezone 21.086 acres die 22 single family development.
Placing the OPD on the 21 acres preserves the open space. Petitioner was not present at
meeting. Commissioner Gummer made a motion to amend resolution removing the R-3
zoning in the first WHEREAS, A petition ….by Alfred and Joanne Pipke to rezone property
to RSE/OPD Suburban Estates with a Planned Development Overlay District, and in the
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
approval to the Common Council for the rezoning of approximately 21.086 acres to be
rezoned to RSE/OPD Suburban Estate to allow for a 22 lot single family subdivision.
Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 185-98 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 185-98 was Adopted
unanimously.
RESOLUTION #P.C. 186-98 – Recommendation of approval of a conceptual review for
an Extractive Permit for Superior Emerald Park Landfill , property located at W124 S10629 124
Street. Commissioner Hulbert made a motion to approve. Commissioner Gummer seconded.
Staff listed numerous concerns in the supplement for this proposal. Petitioner, Mr. Gene
Kramer, addressed Commission and handed out copies of the existing conditions map along
with clay extraction restoration plan. Mr. Kramer proceeded to answer some of the concerns
by Staff. One concern is trying to keep the highway clean from the clay extraction. Mr. Kramer
explained that they have crews cleaning the highway several times during the week.
Commission felt that this should be done on a daily basis, perhaps several times a day. Mr.
Kramer expressed that the State has given conditions for approval and Emerald Park feels that
the Siting Committee will also give their approval. Engineer Zoppa (also a member on the
Siting Committee) expressed concerns for future highway closures and stated that the Siting
Committee has not made any decisions on this proposal. They have requested that any
approval be contingent upon their review and approval. Mr. Kramer told Commission that he
would like to submit additional data and return to Commission at a later date. Commissioner
Hulbert made a motion to defer. Commissioner Gummer seconded. Upon a voice vote,
Resolution #P.C. 186-98 was Deferred unanimously.
RESOLUTION #P.C. 187-98 --Approval of a Mother-In-Law/Family Unit for the Hyke
property located at Lot #24 in the Park Estates Subdivision. (north of W204 S8208 Pasadena
Drive). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert
seconded. Staff had concerns with the design of this mother-in-law unit in that it could easily
be converted into a separate living unit resulting in a duplex. The basement is proposed to be
partitioned off by a concrete wall with a door. There is a separate door from the mother-in-law
unit that provides access to basement. Another bathroom is proposed for some time in the
future to be located in the basement. This would increase the living area of the mother-in-law
unit to 1,627 square feet. The Ordinance limits the mother-in-law unit to one each for a kitchen,
bath, den and bedroom. The Ordinance does not permit dedicated basement areas or second
baths. Other concerns were how the utilities would be handled. The Ordinance requires the
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mother-in-law unit to be dependent upon the main unit for such facilities. Another issue of
concern was the foyer has potential for being a lockable passage way from garage to the
mother-in-law unit, thus separating the main unit. Petitioner will also need to submit grading
plan for the exposed basement. Mr. and Mrs. Hyke addressed Commission and handed out
revised layout plans for the main level and basement. Mr. and Mrs. Hyke felt that the revisions
made would eliminate all questions and concerns from the Staff. One of the main reasons for
the original design of this unit was to keep the family and mother-in-law house pets (cats)
separated. Mr. and Mrs. Hyke stated that all utilities would be in the main unit. Doors in foyer
would not be lockable. Basement stairs have been changed in the mother-in-law unit to adjoin
with main unit stairs. The supporting wall in basement has been revised so there is open
space throughout the basement. Commissioner Smith made a motion to amend resolution in
the first BE IT FURTHER RESOLVED, That no independent access from the mother-in-
law/family unit….. review prior to application for a building permit. Commissioner Hulbert
seconded. Upon a voice vote, Resolution #P.C. 187-98 was Amended unanimously. Upon a
roll call vote, Amended Resolution #P.C. 187-98 was Adopted unanimously.
RESOLUTION #P.C. 188-98 -- Approval of a Building, Site and Operation Plan for E M
Corporation at the property located at Lot #15 in Park Estates. (northwest corner Pasadena
and Janesville). Commissioner Schaumberg made a motion to approve. Commissioner
Hulbert seconded. Director Sadowski stated concerns for this proposed duplex: the east and
south elevations should be bricked on the first floor level. Brick belt should be along the north
side and west side of garage. Site plan needs to be submitted to determine alignment of
driveways. Some decorative element on south elevation gable end along with shutters around
upper windows on south elevation. Architectural approval from subdivision association
required when applying for building permits. Petitioner’s representatives, Mr. Wayne
Salentine and Mr. Reno Berg, addressed Commission that all brick conditions were acceptable
to petitioner. Mr. Salentine stated that there would be one driveway off of Pasadena meeting
the fifty foot setback requirement. Commissioner Smith made a motion to amend resolution
adding, BE IT FURTHER RESOLVED, That shutters be added around upper windows on
the south elevation. Brick will be added as stated in supplement. Decorative element on
south elevation gable end. One driveway with access to Pasadena Drive upon Staff
review of site plan. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C.
188-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 188-98
was Adopted unanimously.
RESOLUTION #P.C. 189-98 -- Recommendation of approval of a Certified Survey Map
for the two (2) lot land division for the North Cape Farms property located in the SE 1/4 of
Section 13. (Tax Key No. 2212.999 / W126 S8662 North Cape Road). Commissioner Hulbert
made a motion to approve. Commissioner Gummer seconded. Director Sadowski advised
that these two (2) lots received sketch approval through the preliminary plat for North Cape
Farms Subdivision. Concerns are that one driveway needed for both properties. Survey
needs to show 50 foot setback from North Cape Road, and grading and drainage plans
required prior to issuance of building permits. Petitioner was not present at the meeting.
Commissioner Hulbert made a motion to amend resolution to read, THEREFORE BE IT
FURTHER RESOLVED, That there will be a shared driveway for both parcels. Survey
needs to show 50 foot setback from North Cape Road. Commissioner Smith seconded.
Upon a voice vote, Resolution #P.C. 189-98 was Amended unanimously. Upon a roll call
vote, Amended Resolution #P.C. 189-98 was Adopted unanimously.
MISCELLANEOUS BUSINESS:
None
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ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 8:44 P.M. Commissioner Gummer
seconded. Upon a voice vote, motion carried. With no further business to come before the
Commission, the meeting was adjourned.
Respectfully submitted,
Sandra S. Asti
Recording Secretary