Plan Commission Minutes PC-08-04
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
AUGUST 04, 1998
Minutes of the Plan Commission held on August 04, 1998, in the Muskego Room, City Hall,
W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:06 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioner’s Gummer, Smith, Schaumberg, Hulbert
and Planning and Zoning Assistant Trejo.
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 of the July 21,1998, meeting.
Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was
passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 21-98 -- Approval of a sketch Preliminary Plat for a subdivision by
Carity Land Corporation, located in the SE ¼ of Section 3 and the NE ¼ of Section 10. This
resolution was brought back to the floor. No new submittals have been received.
Commissioner Schaumberg made a motion to defer. Commissioner Gummer seconded.
Upon a voice vote, Resolution #P.C. 21-98 was Deferred unanimously.
RESOLUTION #P.C. 128-98 -- Approval of a Building, Site and Operation Plan for an
Industrial Warehouse for the Schopf property located at Enterprise Drive. This resolution was
brought back to the floor. Petitioner submitted revised building and site plans. Changes have
been made to address concerns (eight foot masonry band added to east and south elevations.
Steel color band increased to eight feet on the west and north elevations. Asphalt roof.
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Additional landscaping) expressed by Plan Commission at the July 21 meeting. Petitioner
submitted a revised site plan prior to meeting. Discussion ensued wherein the cul-de-sac
encroaches onto the ditch line and pavement. The location of the driveway will need to be
moved. Mr. Brent Ryan, Morton Buildings, explained that there will be no sign on site at this
time. Mr. Ryan also mentioned that evergreen shutters will be placed on windows, along with
wall packs on the building. Alderman Salentine made a motion to amend resolution to read,
THEREFORE BE IT FURTHER RESOLVED, That driveway be moved to the west; shutters
added to all windows; add ventilator to the west elevation with Staff approval; building to
be moved to be in compliance with wetlands. Commissioner Hulbert seconded Upon a
voice vote, Resolution #P.C. 128-98 was Amended. Upon a roll call vote, Amended
Resolution #P.C. 128-98 was Adopted with a 4-2 vote. Commissioner’s Gummer and Smith
voting No.
08-04-98 PC Minutes Page 2
RESOLUTION #P.C. 129-98 -- Approval of amendment to a Building, Site and
Operation Plan for the Ludwig property located at S106 W16440 Muskego Dam Road.
(Ludwig’s Cabinet Shop). After additional research this property has a conditional use. Staff
has recommended to petitioner to rezone the property from A/OHS to B-4/OHS subject to
public hearing. Rezoning would allow the street, side and rear yard offsets to decrease.
Although the zoning change would not bring the property into total compliance, the degree of
non-conformity is decreased. A conditional use would still be required. Planning and Zoning
Assistant Trejo asked for direction from the Commission whether petitioner will need to go to
the Board of Appeals. Consensus of Commission felt that this is an isolated area and with the
parcel being rezoned and the Conditional Use, Plan Commission would be receptive to
granting approval of the decreased offsets and setbacks. Mr. Tom Ludwig, petitioner,
addressed Commission stating that due to safety reasons the landscaping in the front of the
building is kept to a minimum. Mr. Ludwig is willing to plant small shrubs. Commissioner
Hulbert made a motion to amend this resolution as presented with Resolution #P.C. 129-
98A. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 129-98 was
Amended to Resolution #P.C. 129-98A. Upon a roll call vote, Amended Resolution #P.C. 129-
98A was Adopted unanimously.
RESOLUTION #P.C. 130-98 – Approval to a Conceptual Amendment to a Conditional
Use Grant for United Auto Body, Inc. at the property located at S73 W16437 Janesville Road –
RECONSIDERATION. Commissioner Schaumberg made a motion to bring this resolution to
the floor for reconsideration. Alderman Salentine seconded. Upon a roll call vote, motion for
reconsideration of Resolution #P.C. 130-98 fails with a 3-3 vote. Commissioner’s Gummer,
Smith and Hulbert voting No.
RESOLUTION #P.C. 162-97 – Approval of a three (3) lot land division sketch for
Richard Knudsen at the property located in the NW ¼ of Section 8. This resolution was
brought back to the floor. Petitioner has submitted a revised sketch showing only a two lot
land division. The drainage study for the south/east side upstream of Mr. Knudsen’s property
has been completed to the satisfaction of the Public Works Committee. Outbuildings are still a
concern. Discussion ensued wherein a 30 foot wide drainage easement needs to be placed
across the parent parcel, “Parcel 2” indicating that there will be adequate runoff of water going
across property. Commission would like to have petitioner submit a sketch development plan.
Commissioner Hulbert made a motion to amend Resolution #P.C. 162-97 to read, BE IT
FURTHER RESOLVED, That a sketch development plan be submitted. That a 30 foot
drainage easement be placed on sketch. Commissioner Gummer seconded. Upon a voice
vote, Resolution #P.C. 162-97 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 162-97 was Adopted unanimously
CONSENT BUSINESS:
RESOLUTION #P.C. 132-98 – Recommendation of approval of a Extraterritorial
Preliminary Plat for the Clearview Subdivision, located in the NW 1/4 of Section 3, Town of
Vernon. This resolution was read by title only. Commissioner Gummer made a motion to
approve. Alderman Salentine seconded. Brief discussion on the proposed mound system.
Upon a roll call vote, Resolution #P.C. 132-98 was Adopted with a 5-1 vote. Commissioner
Gummer voting No.
08-04-98 PC Minutes Page 3
RESOLUTION #P.C. 133-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map for the Kastello, Kau, and Himes property located in the NE 1/4 of
Section 3, Town of Norway. 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. 133-98 was Adopted unanimously.
RESOLUTION #P.C. 134-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map for the Kastello, Kau, and Himes property located in the NE 1/4 of
Section 3, Town of Norway. 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. 134-98 was Adopted unanimously.
RESOLUTION #P.C. 135-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map for the Kastello, Kau, and Himes property located in the NW 1/4 of
Section 3, Town of Norway. 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. 135-98 was Adopted unanimously.
RESOLUTION #P.C. 136-98 – Approval of a main identification ground sign for Swatek
Sales Corporation at the property located at S75 W17226 Janesville Road. (New Marathon
Gas Station). This resolution was read by title only. Commissioner Schaumberg made a
motion to approve. Alderman Salentine seconded. Petitioner proposing to replace an
identification sign to indicate new vendor. Proposed sign exceeds permitted square footage
for zoning district. The location of existing sign and proposed new sign are in the vision
triangle. Location of structures are limited in this area for public safety. Petitioner proposes a
pole sign, while Downtown Design Guide promotes monument signs. Petitioner handed out
revised example of the sign being proposed. Petitioner would like to utilize ground mount that
is currently on site. Commissioner Hulbert made a motion to defer allowing petitioner to
resubmit a scaled drawing of site. Alderman Salentine seconded. Upon a voice vote,
Resolution #P.C. 136-98 was Deferred unanimously.
RESOLUTION #P.C. 137-98 – Approval of a 26’ X 35.5’ Accessory Structure for the De
Angelo property located at W126 S6384 Coleridge Court. This resolution was read by title
only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded.
Petitioner has submitted two locations for accessory structure. One plan is in conformance
with the zoning district, while the other is too close to the side and rear lot lines. The proposed
structure is within the ordinance requirements, however will eliminate future use a shed,
additional garage, etc. Alderman Patterson addressed the Commission that he has received
numerous calls of concern regarding this structure and the effect it will have on the
neighborhood. Items that need to be addressed are proposed size; setbacks; drainage issues,
and visibility. Alderman Patterson requested that due to the concerns of the neighbors this
item be deferred. Mr. Dave Lewandowski, neighbor, opposes this structure. Mr. Lewandowski
purchased home in this area because of the openness with no fences or outbuildings. Feels
this may set a precedent to new neighbors moving in that large structures are acceptable. Mr.
Lewandowski requested deferral for all parties involved to come to some type of resolution.
Mr. Tom Anderson, neighbor, also expressed opposition to this structure. Mr. Anderson asked
the Commission to review the number of signatures presented on petition in opposition, and
informed Commission that due to lack of time, he was unable to get the entire subdivision of
170 homes to sign. While going through the subdivision, Mr. Anderson counted four
accessory structures. Only one has a permit as a garage, the other three are sheds. Mr.
Anderson questioned the deed restrictions by new developers and whether they are aware
that the City does not enforce the restrictions. Commissioner Hulbert made a motion to defer
allowing all parties to come to an understanding and/or allowing parties to understand their
08-04-98 PC Minutes Page 4
legal rights. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 137-98 was
Deferred unanimously.
RESOLUTION #P.C. 138-98 –Approval of an Annual Conditional Use Grant Review to
allow two (2) mini storage warehouses for George Alex at the property located at S98
W12682/86 Loomis Road. Tax Key No. 2257.984. 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. 138-98 was Adopted unanimously.
NEW BUSINESS:
RESOLUTION #P.C. 139-98 – Recommendation of approval to rezone the Stefaniak
properties located in the NW ¼ of Section 21, from B-1, Neighborhood Convenience District to
RSM/OIP, Multiple Family Residence with an Institutional and Public Service Overlay (Tax Key
Nos. 2242.984 and a portion of 2241.999). Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Plan Commission has granted conceptual
approval subject to increase in lot area; this has been done and owners need to rezone
property. Upon a roll call vote, Resolution #P.C. 139-98 was Adopted unanimously.
RESOLUTION #P.C. 140-98 – Approval of a conditional use for a homed for the aged,
more specifically a 24 unit facility for elderly residents. (Tax Key Nos. 2242.984 and a portion
of 2241.999). Alderman Salentine made a motion to approve. Commissioner Gummer
seconded. Staff concerns for this development are not enough above ground parking;
increasing base band on first floor to just above windows; location and materials of dumpster
enclosure; lighting on plans shows metal halite fixtures; fencing; grading and drainage plans
need to be submitted; and no signage is shown. Petitioner, Mr. Bill Seno addressed
Commission stating that after speaking with architect, putting brick band to windows would not
be keeping with the Prairie style of the building; expressed that the 19 stalls for parking will be
sufficient due to the age limit of residents; the dumpster enclosure would be of brick and
stucco; age limit of residents will be 55 years and older. Petitioner further mentioned that if off
street parking becomes a problem at the facility, he would be willing to increase the amount of
above ground stalls and that this facility will not be tax exempt. Commissioner Gummer made
a motion to amend resolution to read, BE IT RESOLVED, That brick corner and return
treatment will be placed on building. The age of residents will be 55 years and older.
Mechanical grill with architectural material to be used. Additional fencing. Dumpster
enclosure will be same material as building. High pressure sodium vapor lighting will be
installed. Additional parking spaces provided on site plan for future stalls. Upon a voice
vote, Resolution #P.C. 140-98 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 140-98 was Adopted unanimously.
RESOLUTION #P.C. 141-98 -- Recommendation of approval of a Certified Survey Map
for the redelineation of two (2) lots for the Wiza/Inpro property located in the NE 1/4 of Section
17 and the NW ¼ of Section 16. (Tax Key No. 2221.006 and 2221.012). This resolution was
read by title only. Commissioner Schaumberg made a motion to approve. Commissioner
Gummer seconded. Discussion ensued wherein Staff has concerns with the outlot not
meeting minimum area requirements of the I-1 District and requires a note be placed on the
CSM restricting the use of outlot. Commissioner Gummer made a motion to amend resolution
to read, BE IT RESOLVED, That a note be placed on the Certified Survey Map stating that
if outlot one is ever conveyed back to the parent parcel, the outlot should be required to
be deed restricted back to Parcel 2. Commissioner Hulbert seconded. Upon a voice vote,
Resolution # P.C. 141-98 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 141-98 was Adopted unanimously.
08-04-98 PC Minutes Page 5
RESOLUTION #P.C. 142-98 -- Approval of amendment to a Building, Site and
Operation Plan for the Oschmann property located at S79 W15851 Aud Mar Drive. This
resolution was read by title only. Commissioner Schaumberg made a motion to approve.
Commissioner Gummer seconded. Petitioner is proposing an expansion to the residence
located above the existing supper club. The proposal represents an expansion of an existing
conditional use. Staff suggests that this is a nonsubstantial change not requiring a conditional
use public hearing. Upon a roll call vote, Resolution #P.C. 142-98 was Adopted unanimously.
RESOLUTION #P.C. 143-98 -- Approval of amendment to a Building, Site and
Operation Plan for the Tudor Oaks property located at S77 W12929 McShane Road.
Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioner
is proposing an addition of 8400 square foot skilled nursing facility. This addition will not result
in an increase of living units. Staff had concerns over the grading and drainage plan and that
Public Works Committee review might be necessary. Petitioner notified Commission that they
are a nonprofit organization and do pay real estate and property taxes. Upon a roll call vote,
Resolution #P.C. 143-98 was Adopted unanimously.
RESOLUTION #PC 144-98 – Approval of a Building, Site and Operation Plan for a
Public Library for the City of Muskego at the property located at S73 W16663 Janesville Road.
Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Plans
have been revised to address staff comments during conceptual phase. Discussion ensued
wherein the location of dumpster is a concern and needs to match building in materials and
colors; fencing is a concern from the residents to the east. Neighbors wanted solid fence to
guard against people cutting across their lawns. Petitioner proposing aluminum fence. Prairie
grass is being proposed around the parcel. The color scheme of building and roofing was
discussed and suggestions were made for more subdued colors to be used. Members of the
Library Board commented that they were in favor of the bold colors being presented.
Alderman Chiaverotti expressed that she, too, was in favor of the bold colors. Commissioner
Hulbert made a motion to amend resolution to read, BE IT RESOLVED, That front yard be
changed to a mowed lawn. Petitioner to submit to Plan Commission alternate colors for
the building. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C.
144-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 144-98
was Adopted unanimously.
At 10:09 P.M. Mayor De Angelis called for a recess. The meeting reconvened at 10:15 P.M.
MISCELLANEOUS BUSINESS:
Rozman True Value –Lighting and Landscaping – petitioner requesting time to convert
the lighting from halite to the high pressure sodium vapor. Commission granted thirty days to
convert lighting. Mr. Rozman planted evergreens between the tree line. After site review, Staff
feels that landscaping is within the standards required.
Select representative for Capital Budget Committee – Mayor De Angelis asked for a
volunteer for this committee. Commissioner Schaumberg requested to be considered for
nomination. With no objections from the Commission, Commissioner Neome Schaumberg
was selected as the representative for Capital Budget Committee.
08-04-98 PC Minutes Page 6
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 10:26 P.M. Commissioner Smith
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