Plan Commission Minutes PC-04-07
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
APRIL 7, 1998
Minutes of the Plan Commission held on April 7, 1998, in the Muskego Room, City Hall, W182
S8200 Racine Avenue:
Mayor De Angelis called the meeting to order at 7:03 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioner’s Hulbert, Schaumberg, Vitt, Gummer
and Assistant Planner Trejo.
ABSENT:
Commissioner Smith
Secretary reported that the meeting was properly noticed in accordance with the Open
Meetings Law.
MINUTES:
Commissioner Vitt made a motion to approve the minutes of March 17, 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 for discussion. There has been nothing new
submitted by petitioner. Alderman Salentine made a motion to defer. Commissioner
Schaumberg seconded. Upon a voice vote, Resolution #P.C. 21-98 was Deferred
unanimously.
RESOLUTION #P.C. 27-98 Approval of a Conceptual Building, Site and Operation
Plan for Planned Unit Development at the property located in the SW ¼ of Section 2 in the SE
¼ of Section 3 (near the NE corner of Moorland Road and Janesville Road). This resolution
was brought back to the floor for discussion. The building area has been decreased and
there are now equal 40’ parking setbacks on Janesville and Moorland. The elderly housing
units have also been decreased from 242 to 150. The wooded area has been preserved along
with a 101 foot buffer strip adjoining existing residential development. The Comprehensive
Plan would need to be amended along with the rezoning of 45.8 acres if this conceptual plan is
adopted. Petitioner’s representative, Mr. Stuart Wangard, addressed Commission that
petitioner is looking for another developer to handle the elderly housing area. Mr. Wangard
mentioned that portions of the conceptual plans may be changed depending on the needs of
the new developer. After lengthy discussion, Commissioner Vitt made a motion to defer this
item for petitioner to resolve concerns with changes that were mentioned during discussion.
Commissioner Hulbert seconded. Upon a roll call vote motion to defer fails with a tie vote.
Commissioner’s Gummer, Vitt and Hulbert voting Yes. Mayor De Angelis, Alderman Salentine
and Commissioner Schaumberg voting No. Upon a roll call vote, Resolution #P.C. 27-98 failed
with a tie vote. Mayor De Angelis, Alderman Salentine and Commissioner Schaumberg voting
Yes. Commissioner’s Gummer, Vitt and Hulbert voting No.
04-07-98 PC Minutes Page 2
RESOLUTION #P.C. 33-98 –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 brought back to the
floor for discussion. No improvements have been seen on site, however, petitioner has until
April 21 to come into compliance. Commissioner Gummer made a motion to defer until the
next Plan Commission meeting on May 5. If petitioner has not complied, action should be
taken at that time. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 33-98
was Deferred unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 38-98 – Approval of a 36’ X 54’ Accessory Structure for the
Zimmer property located at S74 W20976 Field Drive. This resolution was read by title only.
Commissioner Vitt made a motion to approve. Commissioner Gummer seconded. Upon a roll
call vote, Resolution #P.C. 38-98 was Adopted unanimously.
RESOLUTION #P.C. 39-98 – Approval of a 14’ X 16’ Accessory Structure for the
Hebron property located at W152 S10327 Thode Drive. This resolution was read by title only.
Commissioner Hulbert made a motion to approve. Commissioner Schaumberg seconded.
Upon a roll call vote, Resolution #P.C. 39-98 was Adopted unanimously.
RESOLUTION #P.C. 40-98 – Approval to renew permit for dog kennel for the Shane
property located at S92 W19918 Henneberry Drive. This resolution was read by title only.
Commissioner Hulbert made a motion to approve Commissioner Schaumberg seconded.
Upon a roll call vote, Resolution #P.C. 40-98 was Adopted unanimously.
RESOLUTION #P.C. 41-98 – Approval of a 352 square foot Accessory Structure for the
Krauss property located at W186 S6774 Jewel Crest Drive. This resolution was read by title
only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded.
Petitioner proposing to raise existing residence and build new home. Cindy Krauss explained
to the Commission that although the accessory structure is legal non-conforming, it has a
sound structure and is used to store vehicles. Petitioner plans to have the structure match the
new residence and redo landscape areas. If the internal area is redone and exceeds 50% of
assessed value the building would have to be in conformance. Commissioner Vitt made a
motion to amend resolution to read, BE IT FURTHER RESOLVED, That petitioner has sixty
(60) days to pull building permits or raze the accessory structure. Commissioner Gummer
seconded. Upon a voice vote, Resolution #P.C. 41-98 was Amended unanimously. Upon a
roll call vote, Amended Resolution #P.C. 41-98 was Adopted unanimously
RESOLUTION #P.C. 42-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map creating a two (2) lot land division for the Norway Business Park, LLC
property located in the SE ¼ of Section 12, Town of Norway. This resolution was read by title
only. Commissioner Hulbert made a motion to approve. Commissioner Schaumberg
seconded. Upon a roll call vote, Resolution #P.C. 42-98 was Adopted unanimously.
RESOLUTION #P.C. 43-98 -- Recommendation of approval of An Extraterritorial
Certified Survey Map creating a two (2) lot land division located in the SE 1/4 of Section 12,
Town of Norway. This resolution was read by title only. Commissioner Hulbert made a motion
to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 43-
98 was Adopted unanimously.
04-07-98 PC Minutes Page 3
NEW BUSINESS:
RESOLUTION #P.C. 44-98 -- Approval of Conditional Use Grant for the purpose of
continued mining and processing sand and gravel, extension of the accessory use (portable
asphalt plant) located in the NW corner of Crowbar Road and Janesville Road (CTH L).
Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Site
inspection revealed petitioner to be in compliance. Plan Department has not received
complaints over past year. Petitioner had no comments for Commission. Upon a roll call vote,
Resolution #P.C. 44-98 was Adopted unanimously.
RESOLUTION #P.C. 45-98 – Recommendation of Approval to rezone the Anton and
Francke properties located in the NE 1/4 of Section 5, from B-2, Local Service Center District
to B-3, General Business. (Tax Key Nos. 2177932, 2177.933.002 and 2177.934.001).
Alderman Salentine made a motion to approve. Commissioner Vitt seconded. Discussion
ensued wherein there is a concern for time limitation of the building site and operation
approval and having construction begin as soon as possible. Petitioner’s representative, Bill
Seemeyer of AMCON, addressed Commission stating that he will be submitting building plans
in the next couple of days. Mr. Seemeyer has no problem with 12 month restriction.
Commissioner Vitt made a motion to amend resolution to read, BE IT FURTHER RESOLVED,
That Plan Commission recommend to Common Council not to rezone until conditional
use permit is granted and that a time limitation of twelve (12) months be placed on the
rezoning if project does not move forward. Commissioner Hulbert seconded. Upon a voice
vote, Resolution #P.C. 45-98 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 45-98 was Adopted unanimously.
RESOLUTION #P.C. 46-98 -- Approval of amendment to a Building, Site and Operation
Plan for the Farve property located at S102 W19570 Kelsey Drive. (Broke Spoke). Alderman
Salentine made a motion to approve. Commissioner Schaumberg seconded. Discussion
ensued wherein petitioner is proposing to expand parking area an additional sixty (60) feet to
the north. Complaints by neighbor to the north regarding drainage is a concern. Staff would
like to see drainage plans submitted along with area being hard surfaced. Commissioner
Hulbert made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That
grading and drainage plans be submitted with drainage to be onto Kelsey Drive, all areas
need to be hard surfaced with hot mix asphalt not concrete or recycled asphalt and
paving not take place until Public Works Department has reviewed and approved grading
and drainage plans. Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 46-
98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 46-98 was
Adopted unanimously.
RESOLUTION #P.C. 47-98 – Approval of a Mother-in-law/Two-Family Unit for the Pufal
property located at S78 W18155 Lions Park Drive. Alderman Salentine made a motion to
approve. Commissioner Hulbert seconded. Petitioner’s proposal meets all requirements for
Moth-In-Law/Family unit. Staff recommends that attic and basement plans be submitted when
applying for permits. Alderman Salentine made a motion to amend resolution, in the
THEREFORE BE IT RESOLVED, That the Plan commission approves of ……..parcel of
S78 W18155 Lions Park Drive subject to non lockable door being installed between the
kitchen and garage hallway. Upon a voice vote, Resolution #P.C. 47-98 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 47-98 was Adopted
unanimously.
04-07-98 PC Minutes Page 4
RESOLUTION #P.C. 48-98 -- Approval of amendment to a Building, Site and Operation
Plan for the M. W. Marine property located at S63 W13951 College Avenue. Commissioner
Vitt made a motion to approve. Commissioner Schaumberg seconded. Discussion ensued
wherein concerns for drainage to the south needs to be addressed. Plans should be on file
showing how this issue will be handled. Lighting needs to be addressed requiring high
pressure sodium vapor no higher than 15 feet. Commissioner Schaumberg made a motion to
amend resolution to read, BE IT FURTHER RESOLVED, That site drainage plans are to be
submitted and approved prior to building permits being issued. Additional lighting must
be submitted for approval by Staff. Hot asphalt installed on access drive path in parking
areas by building. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C.
48-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 48-98
was Adopted unanimously.
RESOLUTION #P.C. 49-98 --Approval of a one (1) lot sketch land division for the
Badertscher property located in the NE ¼ of Section 7. (Tax Key No. 2185.999). Alderman
Salentine made a motion to approve. Commissioner Schaumberg seconded. Discussion
ensued wherein poor planning and circulation were major concerns. The proposed lot should
be full width to access easement accommodating future development. Mr. Al Badertscher’s
daughter addressed the Commission that it is Mr. Badertscher’s wish to have this property
remain in the family. Any future development would be for family members. Commissioner
Hulbert made a motion to amend resolution to read, THEREFORE BE IT RESOLVED, That a
note be placed on the face of the certified survey map and the parent parcel stating that
any future land divisions more than one adjacent to the road reservation will cause
construction of full width street. Upon a voice vote, Resolution #P.C. 49-98 was Amended
with a 5-1 vote. Commissioner Gummer voting no. Upon a roll call vote, Amended Resolution
#P.C. 49-98 was Adopted with a 5-1 vote. Commissioner Gummer voting No.
RESOLUTION #P.C. 50-98 – Approval of a one (1) lot sketch land division for the King
property located in the SE ¼ of Section 19 (NE corner of Crowbar and Henneberry).
Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. The
Staff felt the ordinance does not permit such a division request although the Commission has
granted such requests in the past. Mr. Jack King addressed Commission that he has
contacted the State and there should not be a problem as long as parcel is being conveyed to
family member or family member to work the land. It was noted that if that condition changed
the property would become nonconforming. Upon a roll call vote, Resolution #P.C. 50-98 was
Adopted unanimously.
RESOLUTION #P.C. 51-98 – Approval of a Mother-in-law/Two-Family Unit for the
Slamann/Hitz Property located at W200 S10771 East Shore Drive. Alderman Salentine made
a motion to approve. Commissioner Schaumberg seconded. Assistant Planner Trejo gave a
brief history on this property. Two “stop work permits” have been issued to owners for doing
interior remodeling beyond the scope of the issued permit. Mr. Mike Slamann addressed the
Commission speaking on behalf of his parents, and requested a sixty (60) day deferral to have
both families come to an agreement regarding the property. Mr. Hitz had no objection.
Alderman Salentine made a motion to defer this item for sixty (60) days. Commissioner
Hulbert seconded. Upon a voice vote, Resolution #P.C. 51-98 was Deferred unanimously.
RESOLUTION #P.C. 52-98 -- Approval of amendment to a Building, Site and Operation
Plan for the Muskego-Norway School property located at W147 S6800 Durham Drive (Tess
Corners Elementary). Commissioner Hulbert made a motion to approve. Alderman Salentine
seconded. Discussion ensued wherein several items of concern were drainage, turning lanes
along Durham, and interior circulation patterns seem confusing. Landscaping and lighting
04-07-98 PC Minutes Page 5
areas need to be addressed. Mr. Gary Rosploch from Muskego-Norway Schools and Mr. Dan
Roehrdanz of Inspec Inc. addressed Commission commenting that they feel this plan meets
the needs of safety issues for children and less congested areas for parent and bus pick-up
and drop-off. Mr. Rosploch stated that the drainage issue would be designed according to the
Plan Commission suggestions along with landscape and lighting Commissioner Vitt made a
motion to amend the resolution to read, BE IT FURTHER RESOLVED, That drainage plans
for site be submitted for staff approval. The drainage should run toward the Durham
Road ditch if possible. Landscaping and lighting to be reviewed by staff. Commissioner
Schaumberg seconded. Upon a voice vote, Resolution #P.C. 52-98 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 52-98 was Adopted
unanimously.
RESOLUTION #P.C. 53-98 -- Approval by the Plan Commission to Amend the 2005
Comprehensive Landuse Plan for the City of Muskego for an expansion of a commercial
district, and the increase in residential density of lands found in the SW ¼ of Section 2 and the
SE ¼ of Section 3, or as more generally described as lands at the northeast corner of
Janesville Road (CTH “L”) and Moorland Road (CTH “O”). This resolution was read by title
only. Commissioner Schaumberg made a motion to approve. Commissioner Vitt seconded.
Discussion ensued wherein this item should be deferred because conceptual plan was not
approved. Commissioner Vitt made a motion to defer. Commissioner Gummer seconded.
Upon a roll call vote, Resolution #P.C. 53-98 was Deferred with a 4-2 vote. Alderman
Salentine and Commissioner Schaumberg voting No.
RESOULTION #P.C. 54-98 -- Recommendation of Approval to rezone 45.8 acres on
the northeast corner of Janesville Road (CTH “L”) and Moorland Road (CTH “O”) from RS-1,
RSE and B-3 to B-3/RSM/OPD (Balistreri). This resolution was read by title only.
Commissioner Vitt made a motion to approve. Commissioner Gummer seconded. Discussion
ensued wherein this item should be deferred because conceptual plan was not approved.
Commissioner Hulbert made a motion to defer. Commissioner Gummer seconded. Upon a
roll call vote, Resolution #P.C. 54-98 was Deferred with a 4-2 vote. Alderman Salentine and
Commissioner Schaumberg voting No.
RESOLUTION #P.C. 55-98 – Recommendation of Approval to rezone the properties
located in the NE and SE 1/4 of Section 13 for the North Cape Road and Schaefer Drive
sewer extension. This resolution was read by title only. Alderman Salentine made a motion to
approve. Commissioner Hulbert seconded. Discussion ensued wherein petitioner’s entire
parcel is not in the sewer project. Mr. Alfred Pipke’s home is not included in the sewer
extension but wishes to have it included in the rezoning. Commissioner Vitt made a motion to
amend resolution to DELETE THE WORDS THE NORTHERN 2,100 FEET FROM THE THIRD
PARAGRAPH TITLED FROM R-3 TO RSE Alderman Salentine seconded. Upon a voice
vote, Resolution #P.C. 55-98 was Amended. Upon a roll call vote, Amended Resolution #P.C.
55-98 was Adopted unanimously.
MISCELLANEOUS BUSINESS:
Amendment to BSO for DKCLM, Ltd. at the property located at S82 W18848 Gemini
Drive -- petitioner is requesting to add two additional overhead doors to the east end of the
building rather than the center of the building. Commission did not have a problem with this
change.
04-07-98 PC Minutes Page 6
Waukesha Medical Clinic – added parking area light. Petitioner proposing to place a
new light along western entry off of Janesville Road. This fixture would be consistent with
existing fixtures on parcel grounds. Commission would like to see new fixture adhere to
present standards with a zero degree tilt.
Lakeview Tavern - Revised elevations and landscape Plan. Mr. Lucht and Mr. Lang
presented a drawing showing the newly installed windows and doors. Petitioner is planning on
putting cedar on the front of the building. The north side of building would remain the same
with horizontal and vertical siding. Commission would like to see the building painted a
uniform color, remove the horizontal siding and replace with consistent siding on north side of
building. Cedar siding to be installed on front of building. Mr. Lucht and Mr. Lang agreed to
suggestions from Commission.
ADJOURNMENT:
Alderman Salentine made a motion to adjourn at 10:26 P.M. Commissioner Hulbert 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
NEXT PLAN COMMISSION MEETING WILL BE TUESDAY, MAY 5, 1998