Plan Commission Minutes 09-21-99
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
SEPTEMBER 21, 1999
Minutes of the Plan Commission held on September 21, 1999, in the Muskego Room, City
Hall, W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:50 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Smith, Plan Director Turk and
Recording Secretary Asti.
ABSENT:
Commissioners Gummer and Schaumberg
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 September 7, 1999,
meeting. Alderman Salentine seconded. Upon a voice vote, motion to approve the minutes
was approved unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 78-99 – Approval of a Two (2) lot sketch land division for the
Orville Peters property located in the SW ¼ of Section 33. (Tax Key No. 2291.997 / S107
W18677 Muskego Dam Road). This resolution was brought back to the floor for discussion.
Alderman Salentine made a motion to defer this item until the conditional use request, and cell
tower proposal have been resolved. Commissioner Hulbert seconded. Upon a voice vote,
Resolution #P.C. 78-99 was Deferred unanimously.
RESOLUTION #P.C. 100-99 - Approval of Business Site and Operation (BSO) Plan
and Conditional Use Grant for Burke Properties, Inc. for the purpose of operating a gasoline
service station and convenience store, located in the NE ¼ of Section 25. (Tax Key No.
2257.978.003). This resolution was brought back to the floor for discussion. Petitioner has
removed the car wash from this proposal. The resubmittal reflects an agrarian style. The
principal structure has been relocated to the base setback line meeting all dimensional
requirements. There is one traffic aisle to south side of the building intended to be one way.
Petitioner submitted revised landscape plan that is in conformance with requirements.
Petitioner also submitted a revised drawing of building. Mr. Steve Smith, architect from Smith
ODA, described the resubmittal style of building with adhering to the Durham Hill Design
Guide. Glass has been added to the front of the building and masonry has been added to the
east wing. Alderman Salentine questioned why the residents that spoke at the public hearing
prior to this meeting have no objections to this proposal which is similar to the O’Malley
submittal. All the residents that spoke at the public hearing addressed this issue by stating
that their acceptance to this proposal is the location. Discussion ensued wherein grading and
drainage plans need to be submitted along with obtaining approval for the Trans 233, and
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having the final Certified Survey Map approved. Alderman Salentine made a motion to amend
this resolution as submitted by Staff in the revised resolution. Commissioner Smith seconded.
Upon a voice vote, Resolution #P.C. 100-99 was Amended. Upon a roll call vote, Amended
Resolution #P.C. 100-99 was Adopted unanimously.
RESOLUTION #P.C. 102-99 - Recommendation of approval of Legal Lot Status for the
purpose of allowing petitioner to divide a legal non-conforming vacant lot from an adjoining
legal non-conforming lot at W182 S6573 Garnet Drive. (Tax Key No. 2174.949). This
resolution was brought back to the floor for discussion. Staff had reviewed case files from
1963 Zoning Board of Appeals, 1971 Zoning Board of Appeals, and 1976 Plan Commission
and 1984 Common Council deliberations on subject property. Staff recommended denial on
the grounds that (1) Plan Commission and Common Council are not authorized to over-ride
standing decision of the Zoning Board of Appeals. (2) Section 18.23 which provides Common
Council the authority to grant legal lot status is not applicable to this case. Mr. Larry Keller,
petitioner, stated that he is requesting to have this item be deferred until the November 16,
1999, Plan Commission meeting to allow his attorney to review all material. Commissioner
Hulbert made a motion to defer. Alderman Salentine seconded. Upon a voice vote,
Resolution #P.C. 102-99 was Deferred unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 108-99 - Approval of a 12’ X 16’ Accessory Structure for the Duff
property located in the NE ¼ of Section 13 (Tax Key No. 2209.977 / S81 W12895 Hi View
Drive). This resolution was read by title only. Commissioner Hulbert made a motion to
approve. Commissioner Smith seconded. No discussion on this item. Upon a roll call vote,
Resolution #P.C. 108-99 was Adopted unanimously.
RESOLUTION #P.C. 109-99 - Approval of an amendment to a Building Site and
Operation Plan as for the St. Leonard Church at the property located at W173 S7743
Westwood Drive. (SE ¼ of Section 9 /Tax Key No. 2196.945). This resolution was read by title
only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded.
Upon a roll call vote, Resolution #P.C. 109-99 was Adopted unanimously.
RESOLUTION #P.C. 110-99 - Recommendation of continued approval of an
Amendment to the OPD of Champions Village of Country Club Villages for a Community
Marketing Center in a model home by Lakeside Homes, Inc. for Burke Properties. This
resolution was read by title only. Commissioner Hulbert made a motion to approve.
Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 110-99 was Adopted
unanimously.
RESOLUTION #P.C. 111-99 - Approval of a 12’ X 16’ Accessory Structure for the
Schreck property located in the NE ¼ of Section 16 (Tax Key No. 2221.179 / W177 S8173
Brennan Drive). This resolution was read by title only. Commissioner Hulbert made a motion
to approve. Commissioner Smith seconded. No discussion on this item. Upon a roll call vote,
Resolution #P.C. 111-99 was Adopted unanimously.
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NEW BUSINESS:
RESOLUTION #P.C. 112-99 - Approval of Business Site and Operation (BSO) Plan
and Conditional Use Grant for a Gasoline Service Station and Convenience Store for the
O’Malley Investments, Inc. parcel located at the Northeast corner of STH 45 and STH 36 in the
NE ¼ of Section 25 (Tax Key Nos. 2257.978.004 and 2257.997 and part of adjacent WEPCO
right-of-way). Commissioner Hulbert made a motion to approve. Alderman Salentine
seconded. A Public Hearing on this item was held prior to Plan Commission meeting.
Petitioner proposing to construct a gasoline service station and convenience store. Petitioner
has agreed to restricted hours of operation with closure from 11:00 pm to 5:00 am and the
prohibit outdoor storage and sales. The proposed building is agrarian in nature and will
accommodate a convenience store and food outlet. Plans have indicated a drive-thru pizza
facility for the food outlet. The building is constructed of split face fieldstone, board and batten
cedar and dimensional asphalt shingles. The building location meets the requirements of the
Durham Hill Design Guide. Proposed plan provides for a tree line along north and east edge
of parking/drive area. The proposed plantings around the building and detention pond are
adequate. There is one access indicated on CTH 00 which is subject to Waukesha DOT
approval. The parking and lighting proposals have meet the requirements. Signage has been
revised to conform to code requirements. Grading and utility plans have not been provided
and will need approval by the Public Works and Public Utility Committees. Attorney Paul
Piaskoski stated again that he feels this item could be approved with contingent requirements.
Discussion ensued wherein the Plan Commission agreed that the engineer’s traffic report
should be submitted and reviewed. Commissioner Hulbert made a motion to defer this item
pending receipt of the engineering report. Commissioner Smith seconded. Upon a voice vote,
Resolution #P.C. 112-99 was Deferred unanimously.
RESOLUTION #P.C. 113 -99 - Approval of Conditional Use Grant and Building, Site
and Operation Plan for a 190 foot tall monopole telecommunications tower for the Walter
Group at part of the property located at S107 W18677 Muskego Dam Road (Tax Key No.
2291.997). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded.
A Public Hearing on this item was held prior to Plan Commission meeting. Petitioner proposing
to construct a 190 foot tall monopole telecommunications tower. Site requires rezoning to
include the OIP District. Property currently abuts WEPCO towers. No engineering analysis of
proposed structure has been provided to indicate if co-location of multiple users is possible.
No analysis has been submitted indicating if location within WEPCO tower which is located
approximately eighty (80) feet to the east is possible. No required documentation from
approving State and Federal agencies has been submitted. Commissioner Hulbert made a
motion to defer this item allowing petitioner time to submit documentation needed to review
this proposal. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 113-99
was Deferred unanimously.
RESOLUTION #P.C. 114-99 - Recommendation of Approval to conceptually rezone
the Peters property from A, Agricultural to A/OIP, Agricultural with the Institutional Public
Service Overlay District, located in the SW ¼ of Section 33. (Tax Key No. 2291.997 / part of
S107 W18677 Muskego Dam Road). This resolution was read by title only. Alderman
Salentine made a motion to approve. Commissioner Hulbert seconded. Commissioner Smith
made a motion to defer this item until previous issues related to this resolution are resolved.
Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 114-99 was Deferred
unanimously.
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RESOLUTION #P.C. 115-99 - Approval of a one lot sketch land division for the Scholbe
property, located in the NW ¼ of Section 30 (Tax Key No. 2277.997 / NE corner of Parker
Road and Crowbar Road). Alderman Salentine made a motion to approve. Commissioner
Smith seconded. Petitioner proposing to divide 3.2 acres from the balance of the farm land to
construct a single family home. Parcel is zoned EA, Exclusive Agricultural and petitioner
proposing to rezone property to A, Agricultural. Land meets all necessary requirements.
Upon a roll call vote, Resolution #P.C. 115-99 was Adopted unanimously.
RESOLUTION #P.C. 116-99 – Recommendation of approval of a Certified Survey May
for a Two (2) Lot Land Division for the Mercer property located in the NE ¼ of Section 9. (Tax
Key No. 2193.998.001 / W175 S7201 Lake Drive). Commissioner Smith made a motion to
approve. Alderman Salentine seconded. The garage on parcel 1 must be removed at time of
lot sale or no more than one year from recording the survey. Staff received report from
Ruekert and Mielke stating that the meander lines need to be illustrated on the certified survey
map along with the existing well location. Upon a roll call vote, Resolution #P.C. 116-99 was
Adopted unanimously.
RESOLUTION #P.C. 117-99 – Recommendation of approval of a Certified Survey Map
for a Two (2) Lot Land Division for the Sobczak property located in the NE ¼ of Section 8 (Tax
Key No. 2189.073 / W190 S7238 Lochrest Blvd.). Commissioner Smith made a motion to
approve. Commissioner Hulbert seconded. Petitioner received legal lot status for vacant
property by Common Council Resolution #127-99. The street name should be amended to
Lochrest Blvd. The name of the street was the only issue in the engineering review. Upon a
roll call vote, Resolution #P.C. 117-99 was Adopted unanimously.
MISCELLANEOUS BUSINESS:
None.
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 8:55 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