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Plan Commission Minutes 05-04-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES MAY 4, 1999 Minutes of the Plan Commission held on May 4, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:01 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Gummer, Smith, Schaumberg, Hulbert, Acting Plan Director Wolff and Recording Secretary Asti. Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Commissioner Gummer made a motion to approve the minutes of the April 20, 1999, meeting. Commissioner Schaumberg seconded. Commissioner Gummer made a motion to amend the minutes under Consent Business; Resolution #P.C. 36-99 add …..State Statue directs regulation in this instance. Under State Statue, Plan Commission may not deny or modify use of this regulation. Alderman Salentine seconded. Upon a voice vote, minutes from the April 20, 1999 Plan Commission Meeting were Amended unanimously. Upon a voice vote, motion to approve the amended minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 37-99 – Approval of a 20’ X 36’ Accessory Structure for the Hayden property located at S78 W18225 Lions Park Drive (Tax Key No. 2195.939.001). This resolution was brought back to the floor for discussion. Petitioner proposing to construct a 720 square foot accessory structure. The proposed outbuilding will be 14 feet in height and have vinyl siding. All offsets and setbacks exceed the requirements for the district. Petitioner requested clarification on expiration of approval. Mr. and Mrs. Hayden plan on constructing this proposed structure in the Spring of 2000. Plan Commission approval would expire May 4, 2000, however, petitioner would be allowed to request an extension. Upon a roll call vote, Resolution #P.C. 37-99 was Adopted unanimously. RESOLUTION #P.C. 40-99 – Approval of Conditional Use Grant for the sale and service of snowmobiles, motorcycles, personal watercraft and ATV’s at the property located at S83 W18410 Saturn Drive for Arthur Graves. This resolution was brought back to the floor for discussion. No new information has been provided and petitioner has requested to be deferred until the May 18, 1999 Plan Commission meeting. Commissioner Gummer made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 40-99 was Deferred unanimously. 05-04-99 PC Minutes Page 2 RESOLUTION #P.C. 44-99 – Recommendation of Approval of a Certified Survey Map for a two (2) lot land division for the Buechel property located in the NE ¼ of Section 9. (W175 S7171 Lake Drive / Tax Key No. 2193.998.00A). Due to potential conflict of issues, Mayor De Angelis recused himself from this item with Alderman Salentine acting as Chair for this resolution. This resolution was brought back to the floor for discussion. The City’s lengthy legal and engineering review has indicated that this proposed parcel meets the very minimum requirements for the zoning district. However, the proposed lot violates the intent of the Ordinance and may result in the future subdivision of lake properties. Staff does not advocate this type of division around the lake based on intent of ordinance, however, Staff cannot recommend denial without legal foundation. As such, Staff will make no recommendation to avoid sending the message that such land divisions are encouraged in the City. Petitioner’s representative, Attorney Don Murn, addressed the Commission stating that their engineer has worked with Ruekert & Mielke to workout engineering concerns. Attorney Murn feels that this proposed division meets requirements of code and requests that Commission approve. Discussion ensued wherein Commission members felt that this could set a precedent for future division of lake properties and questioned the feasibility of good land use. If a certified survey map is submitted, petitioner would be required to raze the outbuildings, and address Ruekert & Mielke’s certified survey map revised comments. Upon a roll call vote, Resolution #P.C. 44-99 was Defeated with a 3-2 vote. Commissioner’s Gummer, Smith and Hulbert voting No. Alderman Salentine and Commissioner Schaumberg voting Yes. Mayor De Angelis did not participate in discussion or voting of this resolution. Alderman Salentine turned the Chair back to Mayor De Angelis. CONSENT BUSINESS: RESOLUTION #P.C. 50-99 – Approval of a 20’ x 20’ Accessory Structure for the Schmidt property located at W151 S7916 Mystic Drive (Tax Key No. 2214.993). This resolution was read by title only. Commissioner Smith made a motion to approve. Alderman Salentine seconded. Petitioner proposing to construct a 400 square foot accessory structure. The proposed outbuilding will be 12.5’ in height and have vinyl siding to match the residence. All offsets and setbacks exceed the requirements for the district. Upon a roll call vote, Resolution #P.C. 50-99 was Adopted unanimously. RESOLUTION #P.C. 51-99 – Approval of a 36’ x 60’ Accessory Structure for the Treba property located at W188 S10411 Kelsey Drive (Tax Key No. 2285.999.008). This resolution was read by title only. Commissioner Smith made a motion to approve. Alderman Salentine seconded. Petitioner proposing to construct a 2,160 square foot pole building on a 5 acre parcel. The outbuilding will be approximately 20 feet in height. All offsets and setbacks exceed the requirements for the district. The existing outbuildings will be razed to accommodate the proposed structure. Upon a roll call vote, Resolution #P.C. 51-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 52-99 – Recommendation of approval to rezone the Luedke/Ludwig-Strampe properties located in the SE ¼ of Section 3 and the NE ¼ and SE ¼ of Section 10 from RS-3, Suburban Residence District and RS-2, Suburban Residence District to RS-3/OPD, Suburban Residence District with a Planned Development Overlay, RS-2/OPD, Suburban Residence District with a Planned Development Overlay and B-3/OPD, General Business District with a Planned Development Overlay. (Tax Key Nos. 2172.997, 2197.999, 2200.992.004, 2200.992.005 and 2200.999). Alderman Salentine made a motion to approve. 05-04-99 PC Minutes Page 3 Commissioner Schaumberg seconded. Petitioner’s previous proposal for an OPD was rejected by Common Council following zoning public hearing. The main concern for disapproval was the proposed multifamily and duplex units. Petitioner is now proposing single- family development with an expanded business use along Janesville Road. This new proposal has eliminated all duplex and multi-family units while increasing the business area from 16.4 acres to 22.5 acres. The road layout is consistent with conceptual plan which Plan Commission had previously approved. Petitioner has indicated that there are no prospective plans for the business area at this time. Staff recommends that business area be rezoned to B-3/OPD to match the area on the north side of Janesville Road. All proposed development plans for this area would be required to appear before Plan Commission and require a Public Hearing. This proposed conceptual plan conforms with the 2005 Comprehensive Plan. Petitioner’s representative, Mr. Ken Servi, addressed Commission that this is the same plan that had been approved previously without the multi-family units. Upon a roll call vote, Resolution #P.C. 52-99 was Adopted unanimously. RESOLUTION #P.C. 53-99 – Approval of a one (1) lot sketch land division for the Schweitzer property located in the NE ¼ of Section 13 at W124 S7975 North Cape Road. (Tax Key No. 2209.999). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposes to divide one lot off a 68 acre parcel. Proposed parcel would contain 10 acres and 643 foot minimum width. Access is available for both parcels from North Cape Road City water is not available and are serviced by sewer. Commissioner Hulbert made a motion to amend resolution to state, THEREFORE BE IT FURTHER RESOLVED, That Plan Commission waive the request to have the 68 acre remnant parcel surveyed. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 53-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 53-99 was Adopted unanimously. RESOLUTION #P.C. 54-99 -- Approval of a conceptual amendment to an existing Conditional Use for Jacob Frey at the property located at S107 W16311 Loomis Road. (Tax Key No. 2296.996). Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioner proposing to amend previously approved conditional use and building, site and operation plan to expand the sales portion of the existing business. Staff suggests that the proposed fenced-in gravel area is too large and should be used for storage only, no sales of vehicles should be permitted in this area as all parking area for sale vehicles are required to be paved. The submitted plan does not indicate how and where vehicles are to be located. Lighting plans need to be submitted. Discussion ensued wherein the fenced in area needs to be marked off with the exact number of vehicles to be stored. Suggestion was made that the fencing should be decorative nearest the right-of-way. In addition, the parking layout in the vehicle sales area should be illustrated. Commission needs to decide if this request is substantial change which would require a public hearing. Mr. Jacob Frey addressed Commission that he is asking for more spaces than needed at this time. He plans to have his business increase in the future and this would allow him the availability of expansion without returning to Plan Commission. Mr. Frey stated that he would not be selling automobiles from the fenced in area; the vehicles stored in this area will be for repair, service and customer pickup. Alderman Salentine made a motion to amend resolution to remove the first WHEREAS. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 54-99 was Amended unanimously. Commissioner Hulbert made a motion to defer this item allowing petitioner time to submit requested parking and lighting plans. Commissioner Smith seconded. Upon a voice vote, Amended Resolution #P.C. 54-99 was Deferred unanimously. RESOLUTION #P.C. 55-99 -- Approval of an amendment to a Building, Site and Operation Plan for the Woods Road Senior Village property located at Racine Avenue and Woods Road. (Tax Key No. 2242.984 and a portion of 2241.999). Alderman Salentine made 05-04-99 PC Minutes Page 4 a motion to approve. Commissioner Schaumberg seconded. Petitioner is requesting to alter previously approved building materials for the facade. The dry-vit band at top of structure will be removed and replaced with siding. The brick placement will be adjusted, however, comparable amount of brick will be used on building. Other proposed changes are: exterior stairwells are removed and incorporated inside building; a four-season sunroom will be constructed at rear of building; ramp leading to underground parking has been relocated to the other side of building; landscaping similar to the previous approval and petitioner will need to submit a grading plan. Mr. Bill Seno addressed Commission that due to cost overruns requested changes were created. Mr. Seno explained the proposed changes to the building. Discussion ensued wherein petitioner was given several suggestions by Commission to help improve the look of the building be more acceptable to the standards previously approved. Commissioner Gummer suggested that two different widths of horizontal siding could be incorporated; additional dormers; or shutters to help break the mass of the structure. Commissioner Gummer made a motion to defer this item allowing petitioner to resubmit alternative plan. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 55-99 was Deferred unanimously. RESOLUTION #P.C. 56-99 – Approval of a one (1) lot sketch land division for the Pellman property located in the NW ¼ Section 15 at S78 W16312 Woods Road. (Tax Key No. 2218.990). Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Petitioner has requested to create a 12 acre parcel from the existing 34 acre property. The outbuildings retained on small lot on north side of Woods Road are associated with remainder of property on south side of roadway and meet the code requirements. Petitioner would require approximately 13 acres to support the outbuildings. Commissioner Hulbert made a motion to amend resolution in the third WHEREAS, changing zoning to RS- 2….lot size of 20,000 square feet and an average minimum width of 110 feet… Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 56-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 56-99 was Adopted unanimously. RESOLUTION #P.C. 57-99 – Approval of a two (2) lot sketch land division for the Lang property located in the SW ¼ Section 21 on Racine Avenue. (Tax Key No. 2243.991). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing a two lot land division from an existing 13 acre parcel on Racine Avenue, one lot will be approximately 5 acres and the other will be approximately 6.24 acres. Both lots meet the requirements of the R-1 district. Upon a roll call vote, Resolution #P.C. 57-99 was Adopted unanimously. RESOLUTION #P.C. 58-99 – Approval of an amendment to the Park and Open Space Plan for the City of Muskego Parks and Recreation Department. Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. The SEWPRC Parks and Open Space Plan denotes a future park in the area of the Rosewood Estates outlot. The Park and Recreation Board has decided not to require a park dedication from the subdivision as the outlot is primarily wetland and will not be developed. The Rosewood Estates Subdivision cannot receive SEWPRC approval until such time as the City notifies them that the park requirement has been removed from the subdivision. Commissioner Hulbert stated that in the third Whereas of Resolution #P.C. 58-99 it states …required to be dedicated to the City… this was not the intent to have this property dedicated, instead this property would have been purchased. At the time of the April 12 Park and Recreation Board meeting, it was the intention of the Board not to purchase this wetland area. After discussion regarding this entire open space park land and if the City should be looking into acquiring the entire parcel, Alderman Salentine made a motion to defer this item to allow the Park and Recreation Board to discuss this item at their May 10 meeting. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 58-99 was Deferred unanimously. 05-04-99 PC Minutes Page 5 MISCELLANEOUS BUSINESS: None ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 8:45 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