PC MIN 07-17-2001 PH GORENC CBRF
CITY OF MUSKEGO
PLAN COMMISSION PUBLIC HEARING MINUTES
Tuesday July 17, 2001
7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
PUBLIC HEARING for a Conditional Use in accordance with Section 6.03 of the City of Muskego Zoning
Ordinance for the operation for a 9 bedroom community based residential facility for the elderly to be
located on the Gorenc property in the SE ¼ of Section 10 (Tax Key No. 2197.203 / W158 S7462
Quietwood Drive).
PRESENT: Mayor De Angelis, Alderman Le Doux, Commissioners Schaumberg, Brodel,
Smith, Plan Director Turk, Recording Secretary Asti and Attorney Timothy Feeley.
ABSENT:
Commissioners Hulbert and Gummer
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 is requesting to construct and occupy a community
based residential facility with 9-15 occupants plus staff. Property is Zoned RS-3/OPD.
According to Code, this is a permitted use by Conditional Use Grant. Petitioner is seeking
license for a Class C non-ambulatory facility. The Commission has been provided a copy of
the operation plan for this facility. Petitioner will provide two indoor and three outdoor off-street
parking spaces. Staff will use the indoor parking, except during 30 minute shift changes when
employee vehicles will be located temporarily in the driveway. The petitioner believes that
trash removal will be comparable to residential service. All refuse containers will be placed
inside the garage. City Staff feels that volume of trash may require additional midweek pick-
ups. Medical waste would be taken to pharmacy for disposal and exchanges. City Staff does
not have experience with this type of procedure and requests additional time to research
safety and effectiveness of this procedure.
Plan Director Turk explained the system used for calculating the floor area ratio. Plan Director
Turk mentioned that the plans submitted by petitioner are incomplete and a Staff
recommendation can not be made at this time. Staff is requesting sprinkler system plans; heat
loss calculations; truss calculations; and retaining wall plans and specifications. Raised panel
garage doors are recommended to improve the aesthetics of the building.
Mayor De Angelis asked the petitioner if she wished to speak on this matter. Ms. Gorenc
addressed Commission stating that she is requesting a 9-15 bed Class C non-ambulatory
facility. Her proposed plan meets all code requirements. Ms. Gorenc stated that she held an
information meeting with the neighbors in the Quietwood Creek Subdivision and would like to
answer some of the concerns that were mentioned. Parking should not be a problem as there
is ample space for the staff. Visiting hours for the facility will be from 10:00 am – 8:00 pm. Ms.
Gorenc stated that residents in this type of facility do not receive many visitors. All refuse will
be stored in sealed containers and disposed of properly. The grocery shopping will be done
by the CBRF staff. Class C residents do not require more than three hours of medical care per
day. Ms. Gorenc read general questions and answers taken from a survey from surrounding
PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued
July 17, 2001
CBRF facilities. This documentation is attached. Ms. Gorenc stated that she would be
receptive to have restrictions placed on the Conditional Use Grant.
Mayor De Angelis asked for members in the audience to address the Commission with their
input of concerns, questions, comments, etc.
Attorney Michael Orgeman, represents Mrs. Jilek and a number of residents of the Quietwood
Creek Subdivision. Attorney Orgeman stated that the neighbors he is representing are
adamantly opposed to the proposed facility. Attorney Orgeman stated that the Commission
has the discretion to deny the facility and submitted written documentation of research he has
done examining the law relating to this proposal. Attorney Orgeman requested that this
documentation be placed on record, and is attached to the Public Hearing Minutes.
Mrs. Kathy Cannestra, owner of lot 98 in Quietwood Creek Subdivision, is opposed to the
request for a Conditional Use Permit. Mrs. Cannestra stated several issues of concern such
as building size; grade; and property value. Mrs. Cannestra submitted written documentation
to be placed on record, this documentation is attached to the Public Hearing Minutes.
Mr. Mike Sharafinski, owner of lot 28 in Quietwood Creek Subdivision, is opposed to the
proposed Conditional Use Permit, however would have no objection to eight or fewer
residents. Mr. Sharafinski discussed parking and traffic issues. Mr. Sharafinski conducted an
informal parking study of the Bristlecone CBRF along with obtaining police emergency and
non-emergency call records made to this facility. Mr. Sharafinski stated that the proposed
CBRF will be 2 ½ times larger and asked the Commission to consider these issues before
granting approval. Mr. Sharafinski also requested that Ms. Gorenc be required to conduct a
traffic study in this area. Mr. Sharafinski submitted written documentation to be placed on
record, this documentation is attached to the Public Hearing Minutes.
Mrs. Nada Stojadinovic, owner of lot 94 in Quietwood Creek Subdivision, is opposed to the
proposed Conditional Use Permit. Mrs. Stojadinovic did research on various CBRF facilities in
the surrounding area and also contacted the Safety Bureau of Quality Assurance. Mrs.
Stojadinovic feels that the proposed number of employees is not realistic for this size facility.
Traffic is another concern and Mrs. Stojadinovic would like a traffic study done. The disposal
of biohazard material should be addressed. A safety study should be conducted especially
relating to the pond.
Mrs. Donna Robinson, owner of lot 99 in Quietwood Creek Subdivision, asked the Commission
to deny the Conditional Use Permit based on zoning code of Muskego as it relates to
conditional use grants. The Code asserts that the Plan Commission shall base their
determination on the effect on the health, general welfare and safety specifically of the
immediate neighborhood. Mrs. Robinson has great concern for the health of her son which
suffers from severe asthma. Mrs. Robinson submitted written documentation to be placed
on record, this documentation is attached to the Public Hearing Minutes.
Mrs. Carol Jilek, owner of lot 96 in Quietwood Creek Subdivision, is opposed to the proposed
conditional use permit. Mrs. Jilek stated that some of her concerns are: trash; nuisance noise;
deed restrictions and building codes and safety. Mrs Jilek also referenced data regarding
Wisconsin Administrative Code and Wisconsin Statute. Mrs. Jilek submitted written
documentation to be placed on record, this documentation is attached to the Public Hearing
Minutes.
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PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued
July 17, 2001
Mrs. Kimberly Schrank, owner of lot 28 in Quietwood Creek Subdivision. Mrs. Schrank is
opposed to this Conditional Use Permit as it seems out of place in this area. Safety for her
children; property value of the neighborhood; and the possibility of Ms. Gorenc going out of
business are all major concerns. Mrs. Schrank submitted written documentation to be placed
on record, this documentation is attached to the Public Hearing Minutes.
Mr. Glen Lewinski, Community Development Block Grant Administrator for Waukesha County.
Mr. Lewinski addressed the Commission with statistics on the number of elderly in this area
and felt that the neighbors have not been very compassionate towards the elderly in this
community. Mr. Lewinski stated that the elderly do not have a negative effect on
neighborhoods. The proposed facility would not decrease property values. This facility would
give quality of life to the elderly. The proposed CBRF will be regulated by the State.
Alderman Wichgers, District #3. Alderman Wichgers appeared and stated he has been an
impartial observer. This is a very emotional argument and felt that the neighbors have done a
considerable amount of research and expressed legitimate concerns. Alderman Wichgers
asked the Commission to protect the rights of the 142 neighbors in the Quietwood Subdivision.
Mr. Jay Kopplin, owner of lot 92 in Quietwood Creek Subdivision, is opposed to the proposed
Conditional Use Permit. Mr. Kopplin purchased his lot because it was located in a single family
residential area. Mr. Kopplin asked the Commission to deny the petitioner’s request for a
Conditional Use Permit, however he would support an eight bed facility.
Mr. Bill Carity, developer of Quietwood Creek Subdivision. Mr. Carity stated that the proposed
Conditional Use Permit would be misplaced in this area. An eight bed CBRF would be
acceptable. Mr. Carity submitted documentation from the City of New Berlin denying a
Conditional Use for a Twenty resident CBRF facility. This written documentation has been
attached to the Public Hearing minutes.
Mr. Greg Cavanaugh, resident of Muskego, stated that Ms. Gorenc should be thanked for her
efforts in trying to help the elderly. However, safety must be considered when proposing to
have fifteen people in a small space. This facility should be located on a larger piece of
property.
Mr. Robert Rammer, Quietwood Creek resident, requested the Commission to deny the
Conditional Use Permit. This is not the area for this type of facility.
Ms. JoAnne Gorenc, petitioner. Ms. Gorenc believes that the elderly have the right to quality
of life and residing in a home atmosphere. The cost of living in a CBRF is one-third of a
nursing home. The submitted house plans meet City requirements. Mrs. Gorenc has
contracted for snow removal which will assist all the neighbors in the winter. There will be an
internal alarm system installed that will not be heard outside. At this time, Ms. Gorenc has not
decided whether she will live in this facility. Ms. Gorenc plans to serve the elderly and frail.
The proposed CBRF is classified as a medium size facility. Ms. Gorenc requested a copy of all
written documentation so she will be able to answer the neighbor’s concerns. Ms. Gorenc
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PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued
July 17, 2001
stated that she has no objections to the Commission placing restrictions on the Conditional
Use Permit.
Plan Director Turk mentioned that Staff has received letters from Mr. and Mrs. Ed Schmidt,
owners of lot 95, and Messrs. Steven Mark and John Schloegl, from Superior Homes Limited.
The correspondence is opposed to the Conditional Use Permit. Both documents have been
placed on record and attached to the Public Hearing Minutes.
Mr. Mike Sharafinski, owner of lot 28 in Quietwood Creek Subdivision, stated that he told Ms.
Gorenc that Class C may have 9-20 beds and is considered a medium size CBRF facility. This
size facility will have major parking issues on a single family lot in a single family subdivision.
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 9:21p.m.
Respectfully submitted,
Sandra S. Asti
Recording Secretary
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