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PC MIN 12-19-2000 PH DALE CREEK GUNDOGS CITY OF MUSKEGO PLAN COMMISSION PUBLIC HEARING MINUTES Tuesday December 19, 2000 7:00 PM Muskego Public Library, Conference Room 5, S73 W16663 Janesville Road PUBLIC HEARING - for a Conditional Use in accordance with Section 6.03 of the City of Muskego Zoning Ordinance for boarding and training kennels for Dale Creek Gundogs, located in the SE ¼ of Section 34 (Tax Key No. 2296.998 / Union Church Road). Present: Mayor De Angelis, Alderman Chiaverotti, Commissioners Hulbert (arrived at 7:25 p.m.), Brodel, Gummer, Plan Director Turk, Assistant Plan Director Wolff and Recording Secretary Asti. Absent: Commissioners Schaumberg and Smith Secretary Asti reported that the meeting was properly noticed in accordance with the Open Meeting Law. Mayor De Angelis declared the Public Hearing open at 7:00 p.m. Plan Director Turk stated that petitioner requesting approval to operate a commercial dog kennel and training facility. Conceptual approval was granted in October to allow for a maximum of fifty dogs, with an annual review of the property. Two buildings are proposed to be constructed on site. One building will house the dogs, and the other will store maintenance equipment. Hours of operation will be from 7:00 a.m. to 7:00 p.m. seven days a week. Exterior lighting proposed for kennel and equipment structures. The Conditional Use Grant cannot be issued until the rezoning of this property has been granted. Mayor De Angelis asked the petitioner if he wished to speak on this matter. Mr. Tom Waite said he would be happy to answer any questions or concerns. Mayor De Angelis asked for members in the audience to address the Commission with their input of concerns, questions, comments, etc. Mr. Thomas Campbell, S103 W14697 Loomis Drive, opposed to kennel in this area. Mr. Campbell stated that between the landfill and firing range, the residents do not need to endure a kennel. Concerned with noise from the dogs barking. Mr. George Sonnentag, S106 W16105 Loomis Drive, operates horse stables, opposes this kennel operation. Mr. Sonnentag has a concern with the dogs getting loose and spooking horses on the trail. Ms. Nancy Petashnic, boards a horse at Mr. Sonnentag’s stable opposes the kennel operation. Ms. Petashnic worries about the dogs and shooting spooking horses. Mrs. Roseann Campbell, S103 W14823 Loomis Drive, opposes the kennel. Mrs. Campbell has concerns with noise from dogs barking, and waste from the dogs. Mrs. Campbell feels that the City should support Mr. Sonnentag as he has been an established resident for many years. Mrs. Campbell stated that residents have to endure the landfill, and shooting range and this kennel would be a noisy bad idea. PLAN COMMISSION PUBLIC HEARING MINUTES (DALE CREEK GUNDOGS), Continued December 19, 2000 Mr. Roy Funk, 22619 Eight Mile Road, opposes the kennel operation. Feels that noise would be an issue. Allowing fifty dogs to be unattended would not preserve the quality of life. Mr. Steve Sobieski, S104 W14949 Loomis Drive, opposes the kennel and has a concern with how the dogs will be watered, about sanitary issues, drainage, noise at night, and who will be there to quiet the dogs. Suggested that the petitioner could share a kennel facility with another owner in an area more suitable for this kind of operation. Mr. Ron Chamness, S110 W16332 Union Church Drive, opposes the kennel. Has a concern with noise from the dogs barking, dogs getting loose, noise discharge from the weapons and value of homes decreasing. Mr. Chamness does not feel that this type of operation would enhance or be of any value in this area. Mr. Ken Pulczinski, S110 W16148 Union Church, opposes this kennel. Mr. Pulczinski spend a lot of time looking for a location for his new home. He would not have chosen this area if he knew that a kennel would be in operation. The residents in this area want peace and quiet of a country setting. Mr. Randy Kastello, 23401 8 Mile Road, opposes this kennel. There are no types of businesses in this area. No one puts up fences in this area; however, this operation would definitely require to be fenced in. Mr. Kastello has concerns with property values and resale. This operation does not add any value to existing properties. Absentee ownership is a big concern. Mr. Wayne Copaleske, 8 Mile Road, opposes the kennel. Concerned with property values, safety and feels this issue should not be allowed in this area. Mr. Dan Laffin, 22723 8 Mile Road, opposes this issue. Number of years ago there was a resident with eight dogs in the same area and became a nuisance to the neighbors. Mr. Laffin stated that being an absentee owner is a big concern. Lighting is another issue. The landfill and firing range are enough concerns for all the residents to contend with. Mr. Mark Rohde, speaking for his father, Elmer Rohde, S110 W15262 Union Church Road, opposes kennel. Mr. Rodhe feels that the proposed chicken wire fence will never hold a loose dog. The landfill and gunshots from the firing range are big enough issues. This operation should not be allowed in this area. Mrs. Alice Kastello, 23401 8 Mile Road, opposes kennel. Mrs. Kastello wants to hear the sounds of wildlife in the evening and not barking dogs. Does not want to hear the sounds of guns for training dogs. People are living in this area for the peace and quiet. Concerned with property values. Mr. Harvey Schweitzer, S110 W14230 Union Church, opposes the kennel. The owner should live on site. The hours should be from 7:00 am – 5:30 pm during the week and 7:00 am – noon on Saturday. Feels the proposed lighting is excessive. The six-foot privacy fence should be replaced with trees and bushes. The five-foot chain link fence should be upgraded to a heavy gauge fence with posts. The signage should be small and non-illuminated. PAGE 2 PLAN COMMISSION PUBLIC HEARING MINUTES (DALE CREEK GUNDOGS), Continued December 19, 2000 Alderman Chiaverotti received a call from Nora Schneider, who owns a horse at the Sonnentag farm, has concerns of dogs getting loose and the sounds from guns spooking horses. Mr. Ken Pulczinski, S110 W16148 Union Church, addressed the Commission for the second time, feels that the Commission members should visit the area in question prior to voting on this item. Plan Director Turk introduced a letter dated December 18, 2000 from Attorney Paul Gagliardi. Attorney Gagliardi owns the land that Mr. Waite’s current kennel is operated on. Attorney Gagliardi states that Mr. Waite runs a very clean operation. The dogs do not make a lot of noise and are very well behaved. In six or seven years there have been only one or two times that a dog has gotten off the premises. There have never been complaints from neighbors and welcomes the Commission to check the Kenosha County Sheriff Department records to verify his statements. Mr. Randy Kastello, 23401 8 Mile Road, again requested that the dog kennel along with firearms not be allowed in this area. Ms. Karen Mawhinney, Investor in the Dale Creek Gun Dogs, addressed Commission that Mr. Waite runs a very clean establishment. Ms. Mawhinney stated that Mr. Waite tried to contact the surrounding neighbors to answer any questions or concerns they may have. Neither Mr. Waite nor Ms. Mawhinney was invited to the neighborhood meetings, although they would have welcomed the opportunity to eliminate concerns. Ms. Mawhinney stated that no one likes change and they understand that, however, they feel this operation would have minimal impact on the neighborhood and a beneficial impact on the land. Mr. Tom Waite, petitioner, stated that he planned to setup a building to house the dogs that would keep the dogs as calm and quiet as possible and indoors after hours. Mr. Waite has not had any complaints about barking dogs in his current location. Not all dogs will be in the field at the same time, Mr. Waite works with a few dogs at one time. Each dog is at a different level in the training process. In seven years he has only had one dog run off the premises and was recovered immediately. Having a fenced area should eliminate dogs from going off the property. Mr. Waite is a wildlife biologist by title and will enhance wildlife species on the property. Mr. Waite is open to suggestions for lighting, signage and fencing and willing to work with the Commission and neighbors to come to an amiable agreement. Mr. Waite stated that the obedience shooting is an end result of the training session. The shooting is very minimal and cap guns not live rounds are used. The shooting training is not constant. Some dogs will be boarded at the facility and the amount of traffic will be minimal. Regarding the waste, holding tanks will be drained as needed and water from the well system will be used for the kennels. Jackie Schweitzer, S110 W14230 Union Church Road, wanted clarification on the meaning of a Conditional Use and the rezoning process. Discussion ensued wherein the Conditional Use goes with the land not the owner and would require an annual review. If a home is built on the property, owners do not need to appear before the Plan Commission. Rezoning from EA, Exclusive Agriculture, to A, Agriculture, takes the owner out of the farmland preservation program. PAGE 3 PLAN COMMISSION PUBLIC HEARING MINUTES (DALE CREEK GUNDOGS), Continued December 19, 2000 Mrs. Roseann Campbell, S103 W14823 Loomis Drive, questioned why petitioner is allowed holding tanks in Agriculture district. Concerned with the clean-up issues on the premises. Would, again, like the Commission to consider the impact on Mr. Sonnentag who has been a long time resident compared in a new person wanting to come into the neighborhood. Mr. Jerry Haines, Union Church Road, questioned if petitioner will eventually will live on the property or will this remain a commercial business with an absentee owner. Mr. Haines is not in favor of a commercial business being located in this area. Residents like the peace and quiet of this area. Ms. Nancy Petashnic, boards a horse at Mr. Sonnentag’s stable, addressed Commission again questioning what happens if a dog is in distress at night. How will the owner be notified to help the animals? Mr. Dan Laffin, 22723 8 Mile Road, addressed the Commission again apologizing to the petitioner for not inviting them to the neighborhood meeting. Mr. Laffin feels that this will be a minimal impact on Mr. Waite not on the owners of properties in the area. Mr. Laffin, also concerned with what happens if a dog is in distress and the owner is absent from the property. Police issues at night, again with an absentee owner, how will things be handled. Questioned whether a perk test has been done for the future residence to make sure that owner plans on building a primary residence. Wendy Koser, 8 Mile Road, requested clarification to number of dogs that would be allowed. How will the barking be addressed if owner is not on the premises, sounds carry long distances in this area and this could become a noise nuisance. They chose this property for the privacy, spaciousness, and wildlife. Mr. Roy Funk, 22619 Eight Mile Road, addressed the Commission asking that the residents who have put time, effort and money into their properties be considered foremost in this matter. Mayor De Angelis stated this matter would be heard through a resolution under New Business later this evening. There being no further questions or comments, the Public Hearing was adjourned at 8:20 p.m. Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 4