Plan Commission Minutes 10-05-99
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
OCTOBER 5, 1999
Minutes of the Plan Commission held on October 5, 1999, in the Muskego Room, City Hall,
W182 S8200 Racine Avenue.
Alderman Salentine called the meeting to order at 7:00 PM
PRESENT:
Alderman Salentine, Commissioners Hulbert, Schaumberg, Smith, Plan Director Turk and
Recording Secretary Asti.
ABSENT:
Mayor De Angelis and Commissioner Gummer
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 September 21, 1999,
meeting. Commissioner Smith seconded. Upon a voice vote, motion to approve the minutes
was approved unanimously.
OLD BUSINESS:
None
CONSENT BUSINESS:
RESOLUTION #P.C. 118-99 - Approval of a 22’ X 24’ Accessory Structure for the
Peroceschi property located at S78 W15524 Foxtail Circle (Tax Key No. 2203.105 / SW ¼ of
Section 11). 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. 118-
99 was Adopted unanimously.
NEW BUSINESS:
RESOLUTION #P.C. 119-99 - Approval of Sketch Preliminary Plat for an eight (8) lot
subdivision by AAA Asphalt Sealing, located in the SW ¼ of Section 25 (Tax Key Nos.
2259.995.003 and 2259.994). Commissioner Schaumberg made a motion to approve.
Commissioner Hulbert seconded. Petitioner proposing to create eight lots on approximately 13
acres. The proposal meets the zoning requirements with the exception of lot #1. Staff
recommends reconfiguration of Lots 1 and 2 to acquire greater conformity. Petitioner will need
10-05-99 PC Minutes Page 2
wetland delineation and navigability determination by DNR. Public Utilities Committee needs
to review proposal. Property in vicinity of Superior Emerald Park which may allow for current
owner’s to receive compensation for negative impact by expansion of operations but will not
allow future lot owners the same protection. Developer may be required to record deed
restrictions and “non-suit” covenants which restrict legal action against the City for approving
developments in proximity to noxious use. Mr. Bryon Hrin, petitioner, asked for direction on
reconfiguration of the Lots 1 and 2, and agreed to revise the parcels. Commissioner Hulbert
made a motion to amend resolution to read, THEREFORE BE IT FURTHER RESOLVED, That
Lots 1 and 2 be reconfigured to achieve greater conformity. Commissioner Smith
seconded. Upon a voice vote, Resolution #P.C. 119-99 was Amended unanimously. Upon a
roll call vote, Amended Resolution #P.C. 119-99 was Adopted unanimously.
RESOLUTION #P.C. 120-99 - Recommendation of Approval of a Preliminary Plat for
the Quietwood Creek Subdivision by Carity Land Corp. located in the SE ¼ of Section 3, and
SE ¼ and NE ¼ of Section 10 (Tax Key No’s 2172.997, 2197.999, 2200.999, and
2200.997.005). Commissioner Smith made a motion to approve. Commissioner Hulbert
seconded. Petitioner submitted preliminary plat for 143 single family residential parcels, one
commercial parcel and common open spaces. The corner lots should illustrate setback
requirement on both street sides. The DNR has determined that the creek is navigable
requiring shoreland offsets to apply (50 foot setback). The street labeled “Quietwood Circle”
was not part of the approved sketch. This street does not meet municipal design standards.
There are plans to realign the Martin Drive / Janesville Road intersection with “Lakes Parkway”
creating a signalized four-way intersection. Staff recommends that this right-of-way be
renamed to Martin Drive.
The bike path route does not conform to the recommendations by the Park Board. Further
discussion needs to take place to determine the best route. Staff has forwarded all review
comments to developer and has met with developer’s design engineer. Mr. Bill Carity,
petitioner, pointed out that the original bike path was to follow the path of the navigable
stream. It has been suggested that the path should be aligned to follow the main street. Mr.
Carity stated that this will be a three phase project with construction beginning at the south end
of the project moving north. Due to the number of revisions pending, Commissioner
Schaumberg made a motion to defer. Commissioner Smith seconded. Upon a voice vote,
Resolution #P.C. 120-99 was Deferred unanimously.
RESOLUTION #P.C. 121-99 - Approval of a Three (3) Lot Certified Survey Map and
Rezoning for the Posbrig property located in the SW ¼ of Section 21 (Tax Key No. 2243.992).
Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded.
Petitioner’s submittal addresses all staff concerns and has been sent to R & M for technical
review. This proposal conforms to sketch submittal which was approved by Plan Commission.
Upon a roll call vote, Resolution #P.C. 121-99 was Adopted unanimously.
RESOLUTION #P.C. 122-99 - Approval of a one (1) lot sketch land division of the
DeBack property, located in the SW ¼ of Section 32 (Tax Key No. 2287.999.001).
Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Petitioner
proposing to subdivide existing property into two parcels. Parcels meet the requirements of
the RS-2 zoning district. Upon a roll call vote, Resolution #P.C. 122-99 was Adopted
unanimously.
10-05-99 PC Minutes Page 3
RESOLUTION #P.C. 123-99 Approval of conceptual rezoning for a Duplex Overlay
District for Lynn Kurer at the property located in the NE ¼ of Section 14 (Tax Key No.
2213.995.001 and 2213.995.001 / W142 S8028 Durham Drive). Commissioner Smith made a
motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to rezone
two properties from RS-2 to RS-2/OD. Petitioner requested identical proposal in June, 1997
which Plan Commission denied. Ms. Lynn Kurer, petitioner, addressed Commission stating
that she does not feel this would be spot zoning due to the numerous zoning districts applied
to this parcel. Petitioner also requested clarification as to the direction of Moorland Road on
this property. Options were discussed such as two single family homes; or a mother-in-law
unit. However Commission felt that approving this request would be considered spot zoning.
Upon a roll call vote, Resolution #P.C. 123-99 was Denied unanimously.
RESOLUTION #P.C. 124-99 – Approval of the construction of a decorative pond for the
Schwab property located at S78 W16679 Spinnaker Drive (Tax Key No. 2199.031 / SW ¼ of
Section 10). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert
seconded. Petitioner proposing to construct a decorative pond in rear yard of his residence.
The proposed area is encompassed within stormwater drainage easement and this proposal
does not obstruct the stormwater storage capacity of basin. All erosion control issues have
been addressed. This proposal has been approved by the Public Works Committee. Upon a
roll call vote, Resolution #P.C. 124-99 was Adopted unanimously.
MISCELLANEOUS BUSINESS:
Thomas Jewelers - Nonsubstantial Change. Staff has approved the removal of bank
tellers window. Replacing with exterior treatment to match balance of facade. No action is
required by Plan Commission this is for informational purposes.
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 7:53 P.M. Commissioner Smith seconded.
Upon a voice vote, motion carried. With no further business t come before the Commission,
the meeting was adjourned.
Respectfully submitted,
Sandra S. Asti
Recording Secretary