PC MIN 05-15-2001
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday May 15, 2001
7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor De Angelis called the meeting to order at 7:03 p.m.
PRESENT:
Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel, Smith,
Gummer, Plan Director Turk and Recording Secretary Asti.
Secretary Asti reported that the meeting was properly noticed in accordance with the Open
Meeting Law.
MINUTES:
Alderman Le Doux made a motion to approve the minutes of the May 1, 2001, meeting.
Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was
adopted.
OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION
RESOLUTION #P.C. 032-2001 – Approval of a Building Site and Operation Plan for J&O
Trucking located in the NE ¼ of Section 2 (Tax Key No. 2165.998.003 / W146 S6420 Tess
Corners Drive). This resolution was on the floor and deferred. At this time, the petitioner will
not proceed with this project. Upon a roll call vote, Resolution #P.C. 032-2001 was Denied
unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 046-2001 – Recommendation to Common Council to rezone property
located in the SE ¼ of Section 25 from RSE / A - Residential Suburban Estate District and
Agriculture District to RSE / A / OIP Residential Suburban Estate District and Agriculture
District with Institutional and Public Service Overlay District, and amend the Comprehensive
Plan from medium density residential to institutional, for the Tess Corners Volunteer Fire
Department (Tax Key No. 2260.992 / Loomis Drive). This resolution was on the floor and
deferred. This item has been deferred awaiting petitioner’s assessment of alternative
construction sites. Commissioner Smith made a motion to defer. Commissioner Brodel
seconded. Upon a voice vote, Resolution #P.C. 046-2001 was Deferred unanimously.
RESOLUTION #P.C. 052-2001 – Approval of a sketch preliminary plat of the Benke
property located in the NE ¼ and NW ¼ of Section 20 (Tax Key No. 2237.998 / Woods Road).
This resolution was on the floor and deferred. This item has been deferred until petitioner
submits four alternative site plans. Commissioner Smith made a motion to defer.
Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 052-2001 was Deferred
unanimously.
PLAN COMMISSION MINUTES, Continued
May 15, 2001
RESOLUTION #P.C. 053-2001 – Approval of a Building Site and Operational Plan
amendment for Accurate CAD-CAM property located in the NW ¼ of Section 16 (Tax Key No.
2221.020 / W189 S8224 Mercury Drive). This resolution was on the floor and deferred. This
item has been deferred pending receipt of storm water and photometric plans. Commissioner
Smith made a motion to defer. Commissioner Brodel seconded. Upon a voice vote,
Resolution #P.C. 053-2001 was Deferred unanimously.
RESOLUTION #P.C. 054-2001 – Approval of a Building Site and Operation Plan for six
duplex structures on the Pegarl LLP property located in the SE ¼ of Section 17 (Tax Key No.
2228.998 / Woods Road). This resolution was on the floor and deferred. Petitioner requested
to resubmit revised site plans, grading plans and architectural plans. Commissioner Smith
made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution
#P.C. 054-2001 was Deferred unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 058-2001 – Approval of an accessory structure for the Crouch
property located in the NE ¼ of Section 1 (Tax Key No. 2162.017 / S63 W13292 Windsor
Road). This resolution was read by title only. Commissioner Brodel made a motion to
approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 058-2001
was Adopted unanimously.
RESOLUTION #P.C. 059-2001 – Approval of a fence and retaining wall height exception
for the Corrao property located in the SW ¼ of Section 5 (Tax Key No. 2180.054 / S67
W19043 Tans Drive). This resolution was read by title only. Plan Director Turk mentioned
that petitioner submitted requested written approval from abutting neighbors. Commissioner
Brodel made a motion to approve. Commissioner Smith seconded. Upon a roll call vote,
Resolution #P.C. 059-2001 was Adopted unanimously.
RESOLUTION #P.C. 060–2001 - Approval of an accessory structure for the Nepscha
property located in the SE ¼ of Section 6 (Tax Key No. 2184.017 / S70 W21101 Stonecrest
Road). This resolution was read by title only. Commissioner Brodel made a motion to
approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 060-2001
was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 061-2001 – Approval of a two lot sketch land division of the Switala
property located in the NE ¼ of Section 15 (Tax Key No. 2217.947.001 / W163 S8025 Conical
Lane, and Tax Key No. 2217.947 / W163 S7921 Bay Lane Place). Commissioner
Schaumberg made a motion to approve. Commissioner Smith seconded. Plan Director Turk
stated that petitioner is requesting lot line adjustment not creating additional parcels. Upon a
roll call vote, Resolution #P.C. 061-2001 was Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
May 15, 2001
RESOLUTION #P.C. 062-2001 – Approval of a two lot sketch land division of the Bartz
property located in the NE ¼ and SE ¼ of Section 11 (Tax Key No. 2201.988 / Velva Drive).
Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded.
Petitioner proposing to divide one lot from existing parcel to construct a single family
residence. The proposed parcel abuts Velva Drive which has been dedicated to its full width
by the 2010 Street System Plan. The proposed parcel abuts future extension of Roger Drive.
Should petitioner propose a driveway access from this area, a 60 foot right-of-way would be
required to be dedicated. Exhibit A shows the Moorland Road right-of-way dedication. Upon a
roll call vote, Resolution #P.C. 062-2001 was Adopted unanimously.
RESOLUTION #P.C. 063–2001 – Approval of a sketch land division of the Sonnentag and
Steinhaus properties located in the SW ¼ of Section 34 (Tax Key No. 2296.999 / Loomis
Drive, and part of Tax Key No. 2235.998.001 / Union Church Road). Commissioner Brodel
made a motion to approve. Alderman Le Doux seconded. Petitioner proposing to subdivide
property into three lots and one outlot. The proposed lots meet the code requirements. Mr.
Sonnetag addressed the Commission stating that he has tried to get road right-of-way in the
past and this plan will achieve that goal. Mr. Sonnetag stated that he plans to sell several of
the parcels but will farm the remainder of his land. Mrs. Alice Kastello, neighbor to petitioner,
encouraged Commission to approve this proposal. Mrs. Kastello has no objections to this
request and feels that it is consistent for this area. Upon a roll call vote, Resolution #P.C. 063-
2001 was Adopted unanimously.
RESOLUTION #P.C. 064–2001 - Approval of an underground equipment vault for
Ameritech on the Larson property located in the NE ¼ of Section 13 (Tax Key No.
2212.999.002 / W125 S8330 North Cape Road). Commissioner Schaumberg made a motion
to approve. Alderman Le Doux seconded. Plan Director Turk stated that substantial site
restoration and clean up is required. Berming began on this property and has not been
completed. Removal of commercial vehicles and trailers is required. The proposed
landscaping plan needs to be revised and resubmitted to provide better screening of the vault
from the public view. An easement has been obtained from property owner. Petitioner
proposing a ten foot wide easement to access proposed vault. Commercial driveways require
ten foot separation between access drive and lot line. A revised site plan and easement
documents must be amended to reflect requirements. Commissioner Gummer made a motion
to defer this item allowing petitioner to resubmit revised documentation. Commissioner
Brodel seconded. Upon a voice vote, Resolution #P.C. 064-2001 was Deferred unanimously.
Due to a potential conflict of interest regarding Resolution #P.C. 65-2001, Mayor De
Angelis recused himself and turned the meeting over to Alderman Le Doux.
RESOLUTION #P.C. 065–2001 – Approval of a temporary Building Site and Operation
Plan amendment to permit an outdoor fundraising tent for the Sentry Foods property located in
the SE ¼ of Section 8 (Tax Key No. 2192.973 / W189 S7847 Racine Avenue). Commissioner
Brodel made a motion to approve. Commissioner Schaumberg seconded. Petitioner
proposing a one day fund raiser event. This event will be coexisting with the seasonal garden
center sales operation. Staff considers this proposal a non-substantial change to approval of
outdoor events. Staff’s only concern is that the trash receptacles be properly emptied and
removed from site no later than 8:00 pm on Sunday, May 27, 2001. Upon a roll call vote,
Resolution #P.C. 065-2001 was Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
May 15, 2001
Alderman Le Doux relinquished the chair back to Mayor De Angelis.
RESOLUTION #P.C. 066–2001 - Approval of a Building Site and Operation Plan
amendment for Pinky Electric located in the SE ¼ of Section 17 (Tax Key No. 2228.999.012 /
S84 W19249 Enterprise Drive). Commissioner Schaumberg made a motion to approve.
Commissioner Smith seconded. Petitioner proposing construction of office and maintenance
structure to accommodate a school bus company. Discussion ensued wherein the submitted
landscaping plan should include greater diversity in plantings. Wetlands on property will be
required to be delineated. During the meeting, petitioner submitted plan of the refueling
station along with a color sketch of the proposed structure. Signage will match what is on the
existing building. Mr. Scott Jones, tenant working with Pinky Electric, stated that the oil
company will meet Federal, State, and Local regulations. The operation will be operated by
key card for security. Commissioner Gummer made a motion to defer. Commissioner Smith
seconded. Upon a voice vote, Resolution #P.C. 066-2001 was Deferred unanimously.
RESOLUTION #P.C. 067–2001 – Approval of a Building Site and Operation Plan
amendment and Conditional Use Grant amendment for Pioneer Auto located in the (Tax Key
No. 2196.989 / W179 S7714 Pioneer Drive). Commissioner Gummer made a motion to
approve. Alderman Le Doux seconded. Petitioner proposing to operate an auto sales
business. Plan Commission previously approved a conditional use grant for Pioneer Auto at
this location. The sales and repair of small engines is also permitted on this site. Staff
recommends the existing conditional use grant be re-recorded to allow transfer to Mr. Holtz
and to update recorded documentation at the Waukesha County Court House. Discussion
ensued wherein there is a concern with dual usage on this property. Commissioner Smith
made a motion to defer this item to allow petitioner, who was not present at the plan
commission meeting, to understand concerns of the Commission. Commissioner Hulbert
seconded. Upon a voice vote, Resolution #P.C. 067-2001 was Deferred unanimously.
RESOLUTION #P.C. 068–2001 – Approval of a conceptual Building Site and Operation
Plan and Conditional Use Grant for a guest house on the LaFratta property located in the NE
¼ of Section 5 (Tax Key No. 2217.944.002 / S82 W15900 Bass Bay Lane). Commissioner
Schaumberg made a motion to approve. Alderman Le Doux seconded. Petitioner proposes to
construct a 1200-1300 square foot guesthouse. This proposal meets all code requirements. A
public hearing will be required but has not been scheduled at this time. Property accesses
Bass Bay Lane by a private drive. Currently there are four homes utilizing this private drive. It
is policy of the Public Works Committee to permit only three homes on a private drive. It was
suggested to the petitioner to attend the next Public Works Committee meeting for
consideration of waiving the construction of a roadway and granting petitioner access to the
private road. Commissioner Hulbert stated that there are more homes utilizing the private
road than allowed and he would be in favor of a mother-in-law unit rather than another home.
Upon a roll call vote, Resolution #P.C. 068-2001 was Adopted with a 6-1 vote. Commissioner
Hulbert voting No.
RESOLUTION #P.C. 069–2001 – Approval of a conceptual Building Site and Operation
Plan and Conditional Use Grant 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). Commissioner Gummer made a motion to approve.
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PLAN COMMISSION MINUTES, Continued
May 15, 2001
Commissioner Schaumberg seconded. If petitioner proposed eight or fewer residents this use
is permitted by right without plan commission approval. However, petitioner is requesting nine
– fifteen residents which require conditional use grant and plan commission approval.
Discussion ensued regarding the building mass and scale. Petitioner has proposed nine
bedrooms of which two are located in the front of the house in a false garage area. This will
provide for one indoor parking space. The Deed Restrictions require a minimum of a two car
garage. Off street parking is an issue of concern. Another concern is the 8/12 roof pitch,
Staff suggests that this be modified to reduce overall height and appearance of great mass.
A Public Hearing will be scheduled when action is taken.
Mrs. JoAnne Gorenc addressed Commission stating that there will be two caregivers on the
premises during the day and one at night. The residents do not receive visitors very often so
the parking should not be an issue. Mrs. Gorenc will provide grocery shopping and delivery of
medications.
Staff received correspondence from the developer stating concerns with the mass of the
proposed structure. Mr. Carity feels that the proposed structure will overpower and dwarf the
adjoining homes. Another concern is parking requirements for visitors, employees, and pick-
up and delivery. Mr. Carity will require the bedrooms in the false garage to be removed to be
consistent with the two car garage requirement in the Deed Restrictions. Mr. Carity has
requested that the City respect the conditions of the Deed Restrictions. Safety and operations
of this proposal need to be clarified.
Mrs. Carol Jilek, adjoining neighbor, addressed the Commission with a number of issues. The
size and magnitude of the structure. Other concerns are parking, traffic, lighting, safety and
the quality of life for the surrounding neighbors. Another issue of concern is, if this venture
fails, and the conditional use grant goes with the land, what will the future hold for this
residential property. Mrs. Jilek stated she represented a number of neighbors that object to
the size of this proposal.
Commissioner Gummer made a motion to defer pending resolution of issues of parking and
architecture. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 069-2001
was Deferred unanimously.
MISCELLANEOUS BUSINESS
Plan Director Turk announced that on Thursday, May 24, 2001 the Conservation Committee
will hold a public hearing to release the Conservation Plan Management and Acquisition plans.
After the Conservation Committee has incorporated comments from the public hearing, the
plan will be presented to the Plan Commission in July.
ADJOURNMENT
Commissioner Gummer made a motion to adjourn at 9:10 p.m. Commissioner Hulbert
seconded. Upon a voice vote, motion carried. With no further business to come before the
Commission, the meeting adjourned.
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PLAN COMMISSION MINUTES, Continued
May 15, 2001
Respectfully submitted,
Sandra S. Asti
Recording Secretary
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