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PCm20200604APPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES Cry o'f 06/02/2020 Muskego PM MdUSKEGO Muskego City Hall, W182 S8200 Racine Avenue V PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will be held electronically at 6:00 PM on Tuesday, June 2, 2020, via an online Zoom meeting. This meeting will not be held at Muskego City Hall. This is in efforts to protect the health of the public, City leaders and staff due to the fact that the City of Muskego has declared a state of emergency as a result of the COVID-19 virus pandemic. The Plan Commission meeting will however be available to the public for live streaming via the City of Muskego channel at www.youtube.com . Any comments which the public wishes to make regarding an item on the Plan Commission agenda may be communicated to the city via email at citizencomments(@cityofmuskego.org or via phone at 414-376-8022. Any email and phone comments for this must be received by 5:30 PM on the date of the meeting. All received comments will be read to the Plan Commission as part of the agenda item. Interested parties may also observe in the meeting directly by downloading the ZOOM app located at http://zoom.us and utilize this unique ID to join: 825 5495 5302. CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Kubacki Commissioners Oliver, Bartlett, Jacques, Buckmaster, Planner Trzebiatowski. Absent: Commissioner Graf. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws APPROVAL OF THE MINUTES Approval of the Minutes of the May 5, 2020 meeting. Commissioner Jacques made a motion to approve the May 5, 2020 meeting minutes. Commissioner Buckmaster seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 032-2020 Approval of a Two -Lot Certified Survey Map for Eric Rusdahl located at S94 W 14358-60 Ryan Drive / Tax Key No. 2252.943. RESOLUTION PC 033-2020 Approval of the sale of Fireworks for TNT Fireworks at the Walmart Property located at W 159 S6530 Moorland Road / Tax Key No. 2169.999.003. Plan Commission Agenda 6/2/2020 6:00:00 PM 2 RESOLUTION PC 035-2020 Approval of the sale of Fireworks for Freedom Fireworks, LLC. at the Pick-n-Save property located at S74 W17005 Janesville Road / Tax Key No. 2199.999.065. RESOLUTION PC 038-2020 Approval of a Final Plat for the Muskego Lakes Estates Subdivision from Burback Builders located along Ryan Drive / Tax Key No. 2261.999. Alderman Kubacki made a motion to approve the consent business engross. Commissioner Jacques seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 034-2020 Approval of a Building, Site and Operation Plan Amendment for Vintage Grounds located at S74 W16825 Janesville Road / Tax Key No. 2199.999.063. Planner Trzebiatowski explained the project is a site amendment to add outdoor seating. They have previously added outdoor seating directly outside of the storefront. Now they would like to add additional seating outdoors especially during the pandemic issue. They have worked with the landlord to move the seats for lawn maintenance. The applicant has tried this temporarily and are now formally coming forward for an amendment for seasonal operations of the outdoor seating. Commissioner Jacques agrees with the staff recommendation. Commissioner Oliver also agrees but has a concern with the driveway for many other businesses. He suggests markings on the pavement for customers. Alderman Kubacki wanted confirmation that the two tables will be across the driveway. Planner Trzebiatowski said it was and also noted that Jimmy Johns put in a communal seating area across the parking lot, but is rarely utilized. Mayor Petfalski added that it is no more of a risk than walking to their vehicle. Commissioner Jacques asked if the Plan Commission can recommend the markings. Mayor Petfalski would lean toward suggestion for the pavement markings. Agreed by Commissioners Oliver and Buckmaster. Commissioner Jacques made a motion to approve Resolution PC 034-2020. Commissioner Oliver seconded. Commissioner Buckmaster made a motion to amend the resolution to add a suggestion that the applicant work with the landlord to add striping as a crosswalk to identify the walkway to the additional outdoor seating area. Commissioner Jacques seconded. Motion to amend Resolution passed unanimously. Motion to approve Amended Resolution PC 034-2020 passed unanimously. RESOLUTION PC 036-2020 Approval of a Building, Site and Operation Plan Amendment for Jewell Homes LLC. located at W 173 S7600 Westood Drive / Tax Key No. 2196.031. Planner Trzebiatowski provided an overview of the project of Jewell Homes using an existing building behind Jerome Drugs for business and personal storage. The building was previously used as the City Post Office as well as a plumbers shop. The business storage would be leftover materials, equipment and tools from job sites. There will not be any customer visits and will not be used as a showroom for customers. There are two phases of improvements to the property. The first phase is fixing the existing building with phase two Plan Commission Agenda 6/2/2020 6:00:00 PM 3 being an addition off the back of the building. The addition would include a gable roof, siding and overhead doors. The site cleanup would be part of the second phase. There was an email received by Jerry Hulbert, who lives immediately south of the property. They have two concerns with the project. The first relates to the existing southern wall. The concern is that there is paint over the CMU wall and they were hoping that there would be siding to fit the residential neighborhood. The second concern was landscaping. There is a break in the landscaping and they are asking that break to be filled in a little to provide screening. There is no signage, lighting or refuse container proposed, where if needed in the future would require City approval. The lot is not currently curb and gutter, which is typically required, but Jewell is looking to repair portions of the lot. If they repave the property, curb and gutter would be required at that time. Parking stalls are not identified as the intent is pick up/drop off and leave, without staying on site. The addition as phase 2 is approximately 2,700 square feet with normal business hours. Alderman Kubacki said it was a vast improvement. Mr. Jewell explained they proposed the paint on the south side of the building for the masonry requirements, but they agree with the neighbor that siding would look better with brick banding. Commissioner Buckmaster said that being a transition to residential area usually some landscaping is needed. Mr. Jewell explained his discussion with the neighbor included plantings for screening and that if the neighbors want arborvitae that would be fine. Planner Trzebiatowski said that resolution could be amended to include landscaping be worked out between the applicant and the neighbor. Commissioner Oliver explained the he had a discussion with the neighbor and he is looking for some 6' arborvitae to be planted and putting them in line and on the neighbor's property would be the right thing to do. Commissioner Oliver asked about the timing of adding the siding to the existing building. Mr. Jewell thought they could add the siding to the southern wall right away and tie in the siding on the addition during phase 2. Commissioner Jacques asked about the driveway behind the business to the existing house and whether or not this would be closed off. Mr. Jewell stated that once the addition is constructed the access would essentially block the drive anyway. Commissioner Bartlett asked about the 50 percent masonry requirement applies to this project. Planner Trzebiatowski explained that yes, it applies to all commercially zoned property. It applies more to new buildings and additions and if this addition was toward the front it may be looked at differently. The east side of the building, or the back of the building, is where overhead doors would be located, but the Plan Commission could require the 50 percent masonry. Commissioner Bartlett just wanted clarification and to make sure there was a good reason that the masonry requirement wouldn't be required. Planner Trzebiatowski stated that this may be looked at differently as this is a retrofit/remodel. Additionally the front of the building is masonry and the addition is tying in with character including the masonry beltline. Additionally, the masonry may take away from the residential character or feel from the adjacent residential uses. Commissioner Bartlett asked if another motion is needed to amend the resolution regarding removing the drive to the property toward the east. Planner Trzebiatowski explained that the site plan already shows the drive being removed and landscaping being restored. Plan Commission Agenda 6/2/2020 6:00:00 PM 4 Alderman Kubacki made a motion to approve Resolution PC 036-2020. Commissioner Buckmaster seconded. Commissioner Buckmaster made a mode to amend Resolution PC 036-2020 to include the masonry beltline along the southern side of the building and that the applicant will add landscaping to help screen to the south with locations agreed upon by the applicant and resident to the south. Alderman Kubacki seconded. Motion to amend Resolution PC 036-2020 passed unanimously. Motion to approve Amended Resolution PC 036-2020 passed unanimously. RESOLUTION PC 037-2020 Approval of a Building, Site and Operation Plan Amendment for Alliance Construction & Design, Inc. located at S73 W16555 Janesville Road / Tax Key No. 2198.978. Planner Trzebiatowski explained that this project was in front of the Plan Commission in March. As part of the approval, the wall on the northeast side is within the offset, thus making this legal non -conforming. The applicant at the time was going to move the wall the needed two inches, but is now finding this option cost prohibitive and would like to seek a variance. The way the approval was written, the applicant does not have the ability to go to the Zoning Board of Appeals and ask for a waiver. The applicant is merely asking to amend the approval providing them the opportunity to seek a variance for the offset. Planner Trzebiatowski also explained a special exception rather than a variance and believes that a special exception does not apply. Commissioner Bartlett asked whether there was a masonry veneer cultured stone on the east side wall. Planner Trzebiatowski explained that if the wall remains there is no issue as the wall is masonry now. Commissioner Bartlett asked if the applicant will need to come before the Plan Commission again after Board of Appeals. Planner Trzebiatowski said they will not. Commissioner Bartlett asked if the Plan Commission should provide comments or recommendation. Planner Trzebiatowski said that if the Plan Commission is inclined to, they certainly can provide comments. Commissioner Bartlett explained that if this were to come up at the Plan Commission, he would be inclined to allow the wall to stay. Commissioner Buckmaster said that the Plan Commission has sent a recommendation to the Board of Appeals on other matters, but he agrees with Commissioner Bartlett that the wall should be able to stay. Planner Trzebiatowski said he will include the Plan Commission recommendation, but it is still up to the applicant to prove a hardship. Commissioner Oliver asked if there was any consideration of purchasing a bit of land from for the property to the east. Planner Trzebiatowski explained that there are not any dimension on the survey, but it doesn't appear as if there is any additional land available. The remainder of the Plan Commission concurs unanimously regarding location of the eastern wall. Commissioner Jacques made a motion to approve Resolution PC 037-2020. Alderman Kubacki seconded. Motion to approve passed unanimously MISCELLANEOUS BUSINESS ** Temporary Outdoor Seating Plan Commission Agenda 6/2/2020 6:00:00 PM 5 Planner Trzebiatowski explained that there have been multiple discussions regarding adding outdoor seating options and was looking for suggestions from the Plan Commission regarding a process to allow temporary outdoor seating areas. Mayor Petfalski explained that there are a number of communities looking at this to allow businesses the opportunity to attract customers, specifically restaurants. Alderman Kubacki said that as long as this can be done safely and temporarily. Commissioner Bartlett said he has seen this in other communities and believes staff can handle this rather than going before the Plan Commission. Commissioner Jacques agrees with Commissioner Bartlett. Staff can handle this rather than waiting a month to go to Plan Commission as long as safety is a priority. Planner Trzebiatowski explained this could be a Zoning Permit without a fee so there is a tracking mechanism with guidelines such as private property, ample parking and whether it can be done safely and not blocking driveways. Mayor Petfalski said that tracking is a good idea, especially since liquor license issues. Also, submitting something so there is a plan and not changing daily. Planner Trzebiatowski asked for a deadline of the end of 2020 is reasonable. Mayor Petfalski agreed and if this extends beyond 2020, the Plan Commission can review this again. Commissioner Bartlett explained that there may be building codes or occupancy concerns of 180 days where building inspection would become involved. Planner Trzebiatowski explained he will look into this. Planner Trzebiatowski mentioned that we will be having a July Plan Commission meeting on July 21, 2020. ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Jacques seconded. Motion to adjourn passed unanimously. Meeting adjourned at 6:50PM. Respectfully Submitted, Aaron Fahl Associate Planner