PLAN COMMISSION Packets 10012024CITY OF MUSKEGO
PLAN COMMISSION AGENDA
10/01 /2024
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the Minutes of the September 3, 2024 meeting.
Plan Commission Minutes 09032024.pdf
PUBLIC HEARING
be C21 of
SKEGO
Public Hearing for a Conditional Use Grant (CUG) in accordance with the Muskego Zoning
Ordinance Section 400-159G. (Reasonable Accommodations for the Disabled) for the purpose of
allowing a handicap access ramp on the front of an existing home, which would encroach
approximately two (2) feet into the required front setback located at S86 W13803 Priegel Drive /
Tax Key No. 2253.998.002.
PH20241001_PattersonRampCUG.pdf
OLD BUSINESS FOR CONSIDERATION
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 054-2024 Approval of a Conditional Use Grant (CUG) for Rita Patterson located
at S86 W13803 Priegel Drive / Tax Key No. 2253.998.002.
PC 054-2024 SUPPLEMENT.pdf
PC 054-2024 MAP.pdf
PC 054-2024 RESOLUTION.pdf
PC 054-2024 SUBMITTAL.pdf
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES �� Cry of
03/2024 6:0j� USKEGO
6: 00 PM l�l
Muskego City Hall, W182 S8200 Racine Avenue VAUII
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 Cieslak, Graf and Oliver and Planner
Trzebiatowski.
Absent: Bartlett and Buckmaster.
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 August 6, 2024 meeting.
Alderman Kubacki made a motion to approve the August 6, 2024 minutes. Commissioner Oliver seconded.
Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 050-2024 Approval of a Building, Site and Operation Plan for a Mother -in -
Law unit located on a vacant parcel along Woods Road / Tax Key No. 2224.995.002.
Planner Trzebiatowski provided an overview of the project. The in-law suite cannot be greater than 800
square feet, has its own kitchen, bath, den and bedroom that cannot be rented or leased and also has a non -
lockable door to the remainder of the house and a separate door to the outside. Lastly, the occupants of the
in-law suite must be related through blood, marriage or adoption to the host family. This is for a house that will
be proposed to be built. All neighbors within 100 feet have been notified.
Alderman Kubacki made a motion to approve Resolution PC 050-2024. Commissioner Graf seconded.
Motion to approve Resolution PC 050-2024 passed unanimously.
RESOLUTION PC 051-2024 Approval of a Building, Site and Operation Plan Amendment
for Biocut, LLC. located at W160 S6550 Commerce Drive / Tax Key No. 2169.993.009.
3
Planner Trzebiatowski explained that the request is for a back-up generator due to their business operations
requiring climate controls. The proposal is a masonry block structure with three sides that will enclose the
existing transformer and the new generator. The height of the fence will cover the mechanical units and will
look like the dumpster enclosure on the site.
Commissioner Graf made a motion to approve Resolution PC 051-2024. Commissioner Oliver seconded.
Motion to approve Resolution PC 051-2024 passed unanimously.
RESOLUTION PC 052-2024 Approval of a Building, Site and Operation Plan Amendment for
MTI Motion located at S82 W19275 Aoollo Drive / Tax Kev No. 2225.999.006.
Planner Trzebiatowski provided an overview of the minor site modifications including adding fencing in two
areas adjacent to the building. The first area in the back of the building is a chain link fence that faces the
Utilities building and the DPW yard. The small fenced area in the front is proposed with a decorative
aluminum fence.
Alderman Kubacki made a motion to approve Resolution PC 052-2024. Commissioner Graf seconded.
Motion to approve Resolution PC 052-2024 passed unanimously with Commissioner Oliver recused himself.
CLOSED SESSION
Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Plan
Commission will meet to vote on a motion to convene in Closed Session for discussion/action relative
to: Bryon Hrin vs. City of Muskego Plan Commission et al, Case No: 2024CV000331, State of
Wisconsin, Waukesha County Circuit Court.
A Closed Session for the above purpose is authorized pursuant to the provisions of Wis. Stats. §
19.85(1)(g),Conferring with legal counsel for the governmental body who is rendering oral or written
advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely
to become involved.
Upon conclusion of the Closed Session, the Plan Commission will convene in Open Session to
consider its public agenda, including motions to recommend approval or rejection of the above -listed
deliberations or any of the public agenda items that have not been acted upon.
Alderman Kubacki made a motion to enter closed session. Commissioner Oliver seconded. Motion to begin
closed session passed unanimously with a roll call vote.
OPEN SESSION
Alderman Kubacki made a motion to reconvene in open session. Commissioner Oliver seconded. Motion to
reconvene in open session passed unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 053-2024 Re -approval of a Conditional Use Grant for Bryon Hrin located at
S99 W20523 Parker Drive / Tax Key No. 2280.999.021.
Planner Trzebiatowski provided an update on the CUG for the rustic structure designation. This resolution is
very similar to the resolution approved previously. There were a few clarifications on dates or timing when
certain aspects must be completed, but overall it is very similar.
4
Commissioner Graf made a motion to approve Resolution PC 053-2024. Alderman Kubacki seconded.
Motion to approve Resolution PC 053-2024 passed unanimously.
MISCELLANEOUS BUSINESS
Discussion of moving November 5, 2024 Plan Commission meeting due to elections.
November Plan Commission is tentatively rescheduled for November 6, 2024.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Oliver seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
41
CITY OF MUSKEGO
M M A
NOTICE OF PUBLIC HEARING
w�
Q
PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at6:00
PM, or shortly thereafter, on Tuesday, October 1, 2024, at Muskego City Hall, W 182 S8200 Racine Avenue,
following:
to
to consider the
Upon the petition of Rita Patterson shall the following property known as:
Q
Tax Key No. 2253.998.002 / S68W 13803 Priegel Drive
Be granted a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance Section
i
P
400-159G. (Reasonable Accommodations for the Disabled) for the purpose of allowing a handicap access
ramp on the front of an existing home, which would encroach approximately two (2) feet into the required
front setback.
The petitioner's application is available for public inspection at the City of Muskego Planning Division. All
I'
interested parties will be given an opportunity to be heard.
Plan Commission
City of Muskego
Publish in the Waukesha Freeman Newspaper on September 11, 2024 and September 18, 2024.
Dated this 41h day of September, 2024.
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLYA QUORUM OF MEMBERS OF OTHER GOVERNMENTAL
BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING AND GATHER
INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
�\
NOTICE
"Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
,
through appropriate aids and services. For additional information or to request this service, contact the Planning
Division at City Hall, W 182 S8200 Racine Avenue. (262) 6794136."
Legend
aAffected Area
-0
® Properties within 300 ft
1 MP Municipal Boundary
0 Right -of -Way
❑ Parcels
Structures
Ryan Dr.
Lake
0 287.5 575 1,150 Feet
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Scale: r r r
City of Muskego
Plan Commission Supplement PC 054-2024
For the meeting of: October 1, 2024
REQUEST: Conditional Use Grant - Reasonable Accommodations for the Disabled (Wheelchair Ramp)
S86 W13803 Priegel Drive / Tax Key No. 2253.998.002
NE'/4 of Section 24
PETITIONER: Rita Patterson
INTRODUCED: October 1, 2024
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 054-2024
Plans were submitted by the petitioner to build a wheelchair ramp from a deck to the driveway that will be within the
front setback under the "Reasonable Accommodations for the Disabled" provision of the Zoning Code. A permit
was obtained to construct a deck on the front of the home extending five feet from the house along with a three-foot
by three-foot bump -out on the end of the deck to attach the wheelchair ramp. The applicant has stated that the
ramp is needed to assist with the 93-year old mother and disabled husband who need the ramp to maneuver
outside. The Zoning Code allows, via a Conditional Use Grant (CUG), waivers to a dimensional zoning regulation
that are needed to offer reasonable accommodations for a person with disabilities.
CONSISTENCY PC 054-2024
The 2020 Plan depicts the area to be used for Low Density Residential Uses.
Comprehensive Plan: The request is allowed due to the CUG option listed in the Zoning Code. There
is no conflict with the Plan.
The property is zoned RC-2 Country Residence District. "Reasonable
[Zoning: Accommodations for the Disabled" can be allowed with the approval of a
Conditional Use Grant (CUG). As such the proposed use can be allowed based
on Plan Commission approval.
STAFF DISCUSSION PC 054-2024
As is stated above the homeowner needs a ramp in order to assist transporting her mother in a wheelchair and
disabled husband. This month the petitioner obtained a permit for a deck in the front of the home that included a
three-foot by three-foot bump out for the wheelchair ramp to connect to the deck.
The zoning for this district (RC-2 - Country Residence District) requires a 40-foot front setback from front property
line. The deck is five -feet wide from the front of the home along with the three-foot by three-foot bump out
extending eight feet from the front of the home. The bump -out of the deck that was approved will be 40.1 feet from
the front property line meeting the required 40-foot setback. The ramp from the deck will extend in a straight line to
a sidewalk and driveway and will then encroach into the setback by approximately two feet due to the position of
the home. The bump -out of the deck was positioned at the furthest east end of the deck to allow for the ramp to
extend parallel to the house extending to the driveway providing the needed pitch of the ramp.
7
The petitioners reviewed the only other option to have a ramp installed without the CUG would be in the garage.
However, with the existing location of the door and staircase along with the length needed to safely install the ramp,
the ramp would have needed to extend through the entire garage into the side yard, thus not feasible. There aren't
any other exterior doors on the house to consider a safe passage out with a wheelchair.
The Conditional Use Grant (CUG) portion of the Zoning Code has a section (400-159 (G)) that was specifically
added to allow waivers to a dimensional zoning regulation that are needed to offer reasonable accommodations for
a person with disabilities. This section also allows the Plan Commission the ability to place conditions on said
CUG. As such, the current resolution states the following condition of approval:
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the medical need for the
ramp ceases, then the ramp must be removed at that time and the conditional use grant would be removed.
The Plan Commission can decide if they would like to keep that condition in the resolution of if they would like to
remove it before approving the resolution.
STAFF RECOMMENDATION PC 054-2024
Approval of Resolution # PC 054-2024, citing that the ramp being built is to accommodate access outside
of the home for residents who is disabled.
RESOLUTION #PC 054-2024
Supplemental Map
Rita Patterson
S86 W13803 Priegel Drive
SKEGO
PRIEGEL DR
ANJIL
i
Q Agenda Item(s)
Right -of -Way
Properties
0 60 120 Feet
1 1 1
Prepared by City of Muskego Planning Department
RESOLUTION #P.C. 054-2024
APPROVAL OF A CONDITIONAL USE GRANT FOR THE PATTERSON PROPERTY
LOCATED IN THE NE'/4 OF SECTION 24
(S86 W13803 PRIEGEL DRIVE / TAX KEY NO. 2253.998.002)
WHEREAS, Plans were submitted by Rita Patterson, for a Conditional Use Grant (CUG) for the
allowance of a wheelchair ramp into the front setback under the "Reasonable Accommodations
for the Disabled" provision of the Zoning Code at the property located at S86 W 13803 Priegel
Drive / Tax Key No. 2253.998.002, and
WHEREAS, Said property is currently zoned RC-2 Country Residence District, and said
accommodation is a permitted use by Conditional Use Grant, and
WHEREAS, 400-159 (G) governs "Reasonable Accommodations for the Disabled" and that
section can allow waivers to a dimensional zoning regulation to be granted through a Conditional
Use Grant to offer reasonable accommodations for a person with disabilities, and
WHEREAS, The applicant has stated that they have medical issues that require the use of a
wheelchair and access to the outside is difficult due to the steps to get from the doorway to grade,
and
WHEREAS, A permit was recently obtained for a deck in the front of the home that included a
three-foot by three-foot bump out for the wheelchair ramp to connect to the deck, and
WHEREAS, The deck is five -feet wide from the front of the home along with the three-foot by
three-foot bump out extending eight feet from the front of the home, and
WHEREAS, The bump -out of the deck that was approved will be 40.1 feet from the front property
line meeting the required 40-foot setback, and
WHEREAS, The ramp from the deck, extending in a straight line to a sidewalk and driveway, will
encroach into the setback by approximately two feet due to the position of the home, and
WHEREAS, The bump -out of the deck was positioned at the furthest east end of the deck to allow
for the ramp to extend parallel to the house extending to the driveway providing the needed pitch
of the ramp, and
WHEREAS, The petitioners reviewed other options and the only other option to have a ramp
installed without the CUG which would be in the garage but that option was not feasible.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for Reasonable Accommodations for the Disabled for a wheelchair ramp to be built within
the front setback at the property located at S86 W 13803 Priegel Drive / Tax Key No.
2253.998.002.
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the
medical need for the ramp ceases, then the ramp must be removed at that time and the
conditional use grant would be removed.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspects of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
10
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: October 1, 2024
ATTEST: Adam Trzebiatowski AICP, Planning Manager
11
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PLAT OF SURVEY
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Office of Register of Deeds for 1 DR4-County, Wisconsin on July 27, 1979, in Volume
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28 of Certified Survey Maps, Page 17, as Document No. 1100537, in the Northeast One -
quarter (1/4) of Section Twenty-four (24), Township Five (5) North, Range Twenty (20)
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Address : S86 W13803 Priegel Drive
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We are requesting a conditional use grant to build a 5' deck with
a 3' removeable ramp at our property on Priegel Drive to assist
my 93-year-old mother and disabled husband. The current steps
make it difficult to transport my mother in a chair, leading to
missed doctor appointments and preventing visits from elderly
relatives. We have considered all options and determined that a
ramp at the front entrance is the only viable solution due to the
impracticality of building one in the garage. (picture below of
garage stairs). We would like the conditional access for the
ramp only since the deck falls into the guidelines set by the City
of Muskego. We would like the conditional access until we sell
the property since my husband is disabled. Thank you!