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PLAN COMMISSION Packets 063042025CITY OF MUSKEGO PLAN COMMISSION AGENDA 03/04/2025 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 from the January 7, 2025 meeting. Plan Commission Minutes 20250107.pdf CONSENT BUSINESS be C21 of SKEGO RESOLUTION PC 004-2025 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002. PC 004-2025 SUPPLEMENT.pdf PC 004-2025 MAP.pdf PC 004-2025 RESOLUTION.pdf RESOLUTION PC 005-2025 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC. located at W195 S9773 Racine Avenue / Tax Key No. 2274.998. PC 005-2025 SUPPLEMENT.pdf PC 005-2025 MAP.pdf PC 005-2025 RESOLUTION.pdf RESOLUTION PC 006-2025 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Drive / Tax Key No. 2293.996.002. PC 006-2025 SUPPLEMENT.pdf PC 006-2025 MAP.pdf PC 006-2025 RESOLUTION.pdf RESOLUTION PC 007-2025 Approval of an Annual Review for National Auto located at S73 W16730 Janesville Road / Tax Key No. 2198.984.002. PC 007-2025 SUPPLEMENT.pdf PC 007-2025 MAP.pdf PC 007-2025 RESOLUTION.pdf RESOLUTION PC 008-2025 Approval of an Annual Review for North Cape Storage located at W124 S9996 North Cape Road / Tax Key No. 2259.981.002. PC 008-2025 SUPPLEMENT.pdf PC 008-2025 MAP.pdf PC 008-2025 RESOLUTION.pdf RESOLUTION PC 009-2025 Approval of an Annual Review for Muskego Storage located at S66 W19526 Tans Drive / Tax Key No. 2177.932.005. PC 009-2025 SUPPLEMENT.pdf PC 009-2025 MAP.pdf PC 009-2025 RESOLUTION.pdf RESOLUTION PC 013-2025 Approval of a Temporary Garden Center for Andrew Werner of A.W. Greenhouses located at S74 W17009 Janesville Road / Tax Key No. 2199.999.022. PC 013-2025 SUPPLEMENT.pdf PC 013-2025 MAP.pdf PC 013-2025 RESOLUTION.pdf PC 013-2025 SUBMITTAL.pdf OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 003-2025 Approval of an Annual Review for the Loomis Court LLC. property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. PC 003-2025 SUPPLEMENT.pdf PC 003-2025 MAP.pdf PC 003-2025 RESOLUTION.pdf RESOLUTION PC 010-2025 Approval of a one-time review for Fleet Farm located at W195 S6460 Racine Avenue / Tax Key No. 2177.996. PC 010-2025 SUPPLEMENT.pdf PC 010-2025 MAP.pdf PC 010-2025 RESOLUTION.pdf RESOLUTION PC 011-2025 Approval of a Rezoning for John Jewell located at S81 W20871 Russet Court / Tax Key No. 2229.992.006. PC 011-2025 SUPPLEMENT.pdf PC 011-2025 MAP.pdf PC 011-2025 RESOLUTION.pdf PC 011-2025 SUBMITTAL.pdf RESOLUTION PC 012-2025 Approval of a Metal Accessory Structure for David and Wendy Henneberry located at S93 W19753 Henneberry Drive / Tax Key No. 2239.996.007. PC 012-2025 SUPPLEMENT.pdf PC 012-2025 MAP.pdf PC 012-2025 RESOLUTION.pdf PC 012-2025 SUBMITTAL.pdf RESOLUTION PC 014-2025 Approval of the Removal of a Conditional Use Grant (CUG) for William & Kathy Nielsen located at W195 S8482 Plum Creek Boulevard / Tax Key No. 2227.107. PC 014-2025 SUPPLEMENT.pdf PC 014-2025 MAP.pdf K PC 014-2025 RESOLUTION.pdf PC 014-2025 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 AGENDA Cry of 01 /07/2025E 6:00 PMUSKGO Muskego City Hall, W182 S8200 Racine Avenue �]LP 1 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 Bartlett, Cieslak, and Graf and Planner Fahl. Absent: Buckmaster and Oliver. 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 December 3, 2024 meeting. Alderman Kubacki made a motion to approve the December 3, 2024 minutes. Commissioner Bartlett seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the purpose of allowing "auto service/repair" in an existing multi -tenant building located in the Muskego Business Park to be used for an auto repair shop (no auto sales) located at S83 W18390 Saturn Drive / Tax Key No. 2223.001. Planner Fahl explained that a new tenant in the multi -unit building in the industrial park is proposing an auto service and repair. A Conditional Use Grant is required in order to operate such business in the industrial park. The business will be operated as an antique and modern assembly and repair shop on vintage and high -end autos. The unit will be set up with a customer service area in the front with the work being done in the back. Customers will only be there during drop-off and pick-up. There is no outside storage of autos or materials outside. There were no public comments. Public Hearing closed at 6:03. 4 OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 001-2025 Approval of a Conditional Use Grant (CUG) and Building, Site and Operation Plan Amendment for BB Motors LLC. located at S83 W18390 Saturn Drive / Tax Key No. 2223.001. Alderman Kubacki made a motion to approve Resolution PC 001-2025. Commissioner Bartlett seconded. Motion to approve Resolution PC 001-2025 passed unanimously. RESOLUTION PC 002-2025 Approval of a Building, Site and Operation Plan Amendment for BioSource Cultures located at S66 W14328 Janesville Road / Tax Key No. 2165.978. Planner Fahl provided an overview of the project. BioSource installed a large generator on the west side of the building that is very visible from Janesville Road. Plan Commission is typically required prior to installation. The cedar fence will be ten -feet in height and will extend from the building around the generators and back to the building. The fence will be stained to match the building to blend in as much as possible to the building. Commissioner Graf made a motion to approve Resolution PC 002-2025. Commissioner Bartlett seconded. Motion to approve Resolution PC 002-2025 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner 4i City of Muskego Plan Commission Supplement PC 004-2025 For the meeting of: March 4, 2025 REQUEST: Annual Review for Durham Hill Auto S98 W12608 Loomis Drive / Tax Key No. 2257.982.002 NE'/4 of Section 25 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 004-2025 Petitioner seeks approval of the required annual review for the operations at S98 W12608 Loomis Drive. In 2005, the petitioner received CUG and BSO Plan amendments to allow the continued operation of an auto sales business. The BSO included a site plan outlining exact marked parking stalls with areas to be restored to green space (including landscaping). There were additional BSO amendments approved by the Plan Commission under Resolution # P.C. 079- 2006 and # P.C. 067-2007. STAFF DISCUSSION PC 004-2025 An inspection was completed on February 11, 2025 and compliance was not found as there were vehicles found near the intersection of Loomis Drive, throughout the lot and vehicles along Loomis Drive, not matching the originally approved Plan Commission site plan. A letter was sent to the business owner identifying the issue and after a follow up inspection conducted on February 21, 2025 the site was brought into compliance. The resolution is drafted for approval. STAFF RECOMMENDATION PC 004-2025 Approval of Resolution # PC 004-2025 Clliss[* 0 ok 4L NIS I 0 60 120 Feet Pod, Af F RESOLUTION #P.C. 004-2025 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO LOCATED IN THE NE'/4 OF SECTION 25 (S98 W12608 LOOMIS DRIVE / TAX KEY NO. 2257.982.002) WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building, Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto located at S98 W12578 Loomis Drive, and WHEREAS, There were BSO Amendments approved under Resolution P.C. 079-2006 and P.C. 067-2007, and WHEREAS, The property is zoned B-4, Highway Business, and current uses are allowed by right and by Conditional Use Grant, and WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a site plan that showed marked parking stalls for customer and vehicle sales, areas to be restored to green space, and areas of landscaping, and WHEREAS, A site inspection was conducted on February 11, 2025 and there were vehicles found near the intersection of Loomis Drive, throughout the lot and vehicles along Loomis Drive, not matching the originally approved Plan Commission site plan, and WHEREAS, A letter was sent to the business owner identifying the issue and after a follow up inspection conducted on February 21, 2025 the site was brought into compliance. THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for Durham Hill Auto. 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 Department City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager City of Muskego Plan Commission Supplement PC 005-2025 For the meeting of. March 4, 2025 REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC W195 S9775 Racine Avenue / Tax Key No. 2274.998 NW'/4 of Section 29 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski. AICP BACKGROUND PC 005-2025 The Plan Commission originally authorized an annual review for the property for every year in the month of August until further notice. The petitioner received Plan Commission approval per #PC 155-1990 and #PC 012-2004. The provisions of those approvals are discussed below. PLAN CONSISTENCY PC 005-2025 Comprehensive Plan: Zoning: DISCUSSION PC 005-2025 The 2020 Plan depicts the area for agriculture and open lands use. The use as a business existed and is consistent with the Plan. The property is zoned A-1 Agricultural District. The proposal is consistent with the Municipal Code and past petitions. The property has had prior approvals for the snowplowing and grading business since 1990. The property currently has an existing 252' x 60' metal farm pole building of which 40' is used for shop area and the rest used for the agricultural practice of the property. The property also houses an approved 32' x 40' salt storage structure. The previous approved resolutions both state that no outside storage of any equipment or LP fuel tanks be located next to the building, and that the business be limited to 17 drivers. Plan Commission requested the annual review during the approvals of February 2004 to make sure the site does not become unsightly and that the outside storage is outside of the public view and mostly contained in the approved storage buildings. A site inspection was conducted on February 11, 2025 and the site was in compliance. Any larger trucks were parked way back by the building or in the building. STAFF RECOMMENDATION PC 005-2025 Approval of Resolution PC 005-2025 9 UTION #PC 005-2025 Supplemental Map F� Schaefer Snowplowing and Grading LLC. W195 S9773 Racine Avenue Q Agenda Item(s) !,\ &V, CV w MUSKEGO Right -of -Way Properties 0 250 500 Feet () I I I Prepared by City of Muskego Planning Department bhlmtk*� Ili r 10 RESOLUTION #P.C. 005-2025 APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING AND GRADING LLC LOCATED IN THE NW'/4 OF SECTION 29 (W195 S9775 RACINE AVENUE / TAX KEY NO. 2274.998) WHEREAS, The Plan Commission approved a Building, Site and Operation Plan for Schaefer Snowplowing and Grading LLC at the property located at W195 S9775 Racine Avenue per Resolution #P.C. 155-1990, and WHEREAS, The Plan Commission approved an amended Building, Site and Operation Plan for Schaefer Snowplowing Resolution #P.C. 012-2004, and WHEREAS, Conditions of approval included the following: 1. No outside storage of any equipment, LP fuel tanks be located next to the building, and the business be limited to 17 drivers, and 2. Annual Plan Commission review, and WHEREAS, The yearly review was moved to March of each year, with the other annual reviews, so that the site can be viewed more easily due to the crops not growing on that property at that time of the season, and WHEREAS, Staff met with Mr. Schaefer in early 2009 to discuss the ongoing cleanup of the site and it was agreed that Mr. Schaefer would begin to remove any storage of vehicles that exist on the east side of the main accessory structure to the southern and western sides of the structure to further reduce outside storage, unless the vehicles are being actively used on that day for business purposes, and WHEREAS, Upon a site inspection on February 11, 2025, Planning Division staff found the site to be in compliance with the approvals. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the Building, Site and Operation plan for Schaefer Snowplowing and Grading LLC at the property located at W195 S9775 Racine Avenue. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 11 City of Muskego Plan Commission Supplement PC 006-2025 For the meeting of: March 4, 2025 REQUEST: Annual Review for Frey Auto S106 W16301 Loomis Drive / Tax Key No. 2293.996.002 NE '/4 and SE '/4 of Section 34 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 006-2025 Petitioner received an amended approval in Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #PC 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4 and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • Signage and banners displayed on vehicles for sale is prohibited, except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as required by State Law. STAFF DISCUSSION PC 006-2025 An inspection was completed on February 11, 2025 and compliance was not found. The issue/violations included cars and flatbed trucks double parked and/or parallel parked in locations that they are not allowed and vehicle parts being stored outside. A letter was sent to the business owner identifying the issues and a follow inspection was conducted on February 21, 2025 and the site was found to be in compliance. STAFF RECOMMENDATION PC 006-2025 Approval of Resolution PC 006-2025 `V RESOLUTION #P.C. 006-2025 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY LOCATED IN THE NE'/4 & SE'/ OF SECTION 34 (TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD) WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road (Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C. 055-2014, and WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the approval, and WHEREAS, Approved plans permit the following: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • Signage and banners displayed on vehicles for sale is prohibited, except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as required by State Law, and WHEREAS, A site inspection was conducted on February 11, 2025 and there were issues/violations found on site, and WHEREAS, The issue/violations included cars and flatbed trucks double parked and/or parallel parked in locations that they are not allowed and vehicle parts being stored outside, and WHEREAS, A letter was sent to the business owner identifying the issues and a follow-up inspection was conducted on February 21, 2025 and the site was found to be in compliance at that time. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto, subject to compliance with all Conditional Use Grant conditions of approval and those found below. BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the Building Department and 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 Department City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski, Planning Manager 14 City of Muskego Plan Commission Supplement PC 007-2025 For the meeting of. March 4, 2025 REQUEST: Annual Review for National Auto S73 W16730 Janesville Road / Tax Key No. 2198.984.002 NW '/4 of Section 10 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 007-2025 The petitioner seeks approval of the required annual review for the operations of National Auto at S73 W16730 Janesville Road. In 2023 the Plan Commission approved a BSO and CUG for the auto sales and service facility and authorized an annual review for the property for every year in the month of March until further notice via Resolution PC 018-2023. The provisions of those approvals are discussed below. PLAN CONSISTENCY PC 007-2025 Comprehensive Plan: The 2020 Plan depicts the area for commercial. The use is consistent with the Plan. Zoning: The property is zoned B-4 Highway Business District. The proposal is consistent with the Municipal Code. DISCUSSION PC 007-2025 Although the approvals were in 2023, the building additions and site work were completed for occupancy in 2024, when National Auto opened for business. All conditions related to the site work and building construction were completed prior to occupancy of the building. Ongoing conditions that are reviewed during the annual reviews include: - Customer parking is located on the southern side of the building near the entry doors. - Vehicles for sale are located on the east side of the building along with the parking stalls closest to Janesville Road. - Vehicles for service are located on the western side of the building. Additionally, no junked, wrecked, damaged, unrepairable or inoperable vehicles are not allowed to be stored on site. - All vehicles must be in marked parking stalls. - All signage must be permitted via a separate sign permit. A site inspection was conducted on February 11, 2025 and compliance was not found as there were vehicles not parked in marked parking stalls and there was unapproved signage on the dumpster enclosure. A letter 15 was sent to the business owner identifying the issue and after a follow up inspection conducted on February 21, 2025 the site was brought into compliance. The resolution is drafted for approval. STAFF RECOMMENDATION PC 007-2025 Approval of Resolution PC 007-2025 16 RESOLUTION #P.C. 007-2025 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES AT NATIONAL AUTO LOCATED IN THE NE'/4 OF SECTION 10 (S73 W16730 JANESVILLE ROAD / TAX KEY NO. 2198.984.002) WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and Operation Plan on April 5, 2023 for an automobile sales and service lot for National Auto via Resolution PC 018-2023 located at S73 W16730 Janesville Road, and WHEREAS, The property is zoned B-4 Highway Business District, and current uses are allowed by right and by Conditional Use Grant, and WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a site plan that showed marked parking stalls for customer, service and vehicle sales and areas of curbing and landscaping, and WHEREAS, A site inspection was conducted on February 11, 2025 and there were vehicles found along the eastern drive aisle and vehicles not within marked parking spaces not matching the originally approved Plan Commission site plan in addition to unapproved signage on the dumpster enclosure, and WHEREAS, A letter was sent to the business owner identifying the issue and full compliance was found at the follow up inspection conducted on February 21, 2025. THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for National Auto. 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 Department City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 18 City of Muskego Plan Commission Supplement PC 008-2025 For the meeting of: March 4, 2025 REQUEST: Annual Review for North Cape Storage W124 S9996 North Cape Road / Tax Key No. 2259.981.002 SE '/4 of Section 25 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski. AICP BACKGROUND PC 008-2025 Petitioner received approval for a Building, Site and Operation Plan (BSO) and Conditional Use Grant (CUG) via Resolution PC 038-2022 on June 7, 2022 to construct and operate an indoor mini -storage use at W124 S9996 North Cape Road. PLAN CONSISTENCY PC 008-2025 Comprehensive Plan: Zoning: DISCUSSION PC 008-2025 2020 Plan depicts the area for commercial. The use is consistent with Plan. The property is zoned B-4 Highway Business District. The proposal is consistent with the Municipal Code. The approval included many of the standard conditions of approval related to the construction and site work to be completed prior to obtaining occupancy. There was an additional condition of approval listed that does not allow any outdoor storage whatsoever on the site. A site inspection was conducted on February 11, 2025 and compliance was found. STAFF RECOMMENDATION PC 008-2025 Approval of Resolution PC 008-2025 19 RESOLUTION #PC 008-2025 Supplemental Map North Cape Storage W124 S9996 North Cape Road !,\ &V, Cv w MUSKEGO Q Agenda Item(s) Right -of -Way Properties 0 100 200 Feet I I I Prepared by City of Muskego Planning Department RESOLUTION #P.C. 008-2025 APPROVAL OF AN ANNUAL REVIEW FOR NORTH CAPE STORAGE LOCATED IN THE SE'/4 OF SECTION 25 (W124 S9996 NORTH CAPE ROAD / TAX KEY NO. 2259.981.002) WHEREAS, The Plan Commission approved a Building, Site and Operation Plan (BSO) and Conditional Use Grant (CUG) via Resolution PC 038-2022 on June 7, 2022 for North Cape Storage to construct and operate an indoor mini -storage use located at W124 S9996 North Cape Road, and WHEREAS, The approval included many of the standard conditions of approval related to the construction and site work to be completed prior to obtaining occupancy, and WHEREAS, There was an additional condition of approval listed that does not allow any outdoor storage whatsoever on the site, and WHEREAS, A site inspection was conducted on February 11, 2025 and compliance was found. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the Building, Site and Operation plan for North Cape Storage located at W124 S9996 North Cape Road. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 21 City of Muskego Plan Commission Supplement PC 009-2025 For the meeting of. March 4, 2025 REQUEST: Annual Review for Muskego Storage S66 W19526 Tans Drive / Tax Key No. 2177.932.005 NE'/4 of Section 5 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 009-2025 Petitioner received approval for a Building, Site and Operation Plan (BSO) and Conditional Use Grant (CUG) via Resolution PC 003-2023 on February 7, 2023 to expand the existing mini -storage business with eight (8) new buildings north of the existing mini -storage buildings. The property with the existing mini -storage business was combined with the property with the new construction to allow for seamless drive aisles between the new and older mini -storage units. PLAN CONSISTENCY PC 009-2025 Comprehensive Plan: The 2020 Plan depicts the area for commercial. The use is consistent with the Plan. Zoning: The property is zoned B-3 General Business District. The proposal is consistent with the Municipal Code. DISCUSSION PC 009-2025 The approval included many of the standard conditions of approval related to the construction and site work to be completed prior to obtaining occupancy. Although a building permit has been obtained for five of the eight storage buildings, they have not all been completed with temporary occupancy granted for the completed buildings. One condition of approval does not allow any outdoor storage on -site. A site inspection was conducted on February 11, 2025 and compliance was found. Where the buildings have not been completed there the concrete pad for the next buildings has been poured. �� �_1 d � 7 xd�lu I ��i I �►1 �7_ti �[�]►� Id�h>~�'T�Y� Approval of Resolution PC 009-2025 0 RESOLUTION #PC 009-2025 Supplemental Map e Q W U ;y t G x y r i4 , is 5 /* 9 ` 7 1 a� Muskego Storage S66 W19526 Tans Drive Q Agenda Item(s) Right -of -Way Properties t 90,Cgo, PIF SKEGO x 0 150 300 Feet () I I I Prepared by City of Muskego Planning Department or 23 RESOLUTION #P.C. 009-2025 APPROVAL OF AN ANNUAL REVIEW FOR MUSKEGO STORAGE LOCATED IN THE NE'/4 OF SECTION 5 (S66 W19526 TANS DRIVE / TAX KEY NO. 2177.932.005) WHEREAS, The Plan Commission approved a Building, Site and Operation Plan (BSO) and Conditional Use Grant (CUG) via Resolution PC 003-2023 on February 7, 2023 for Muskego Storage to expand the existing mini -storage business with eight (8) new buildings north of the existing mini -storage buildings located at S66 W19526 Tans Drive, and WHEREAS, The property with the existing mini -storage business was combined with the property with the new construction to allow for seamless drive aisles between the new and older mini -storage units, and WHEREAS, The approval included many of the standard conditions of approval related to the construction and site work to be completed prior to obtaining occupancy, and WHEREAS, Although a building permit has been obtained for five of the eight storage buildings, they have not all been completed with temporary occupancy granted for the completed buildings, and WHEREAS, One condition of approval does not allow any outdoor storage on -site, and WHEREAS, A site inspection was conducted on February 11, 2025 and compliance was found. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the Building, Site and Operation plan for Muskego Storage located at S66 W19526 Tans Drive. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 24 City of Muskego Plan Commission Supplement PC 013-2025 For the meeting of. March 4, 2025 REQUEST: Approval of a Temporary Seasonal Outdoor Garden Center Tax Key No. 2199.999.022 / S74 W17009 Janesville Road (in the parking lot) NW & SW '/4 of Section 10 PETITIONER: Andrew Werner (A.W. Greenhouses) INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 013-2025 The petitioner is proposing a temporary greenhouse structure for the sale of plants and flowers for 2025-2027. The petitioner is A.W. Greenhouses, who Plan Commission last approved to house their greenhouse operations in the Pick-n-Save parking lot in 2022. The temporary garden center is proposed within the parking lot in front of Preferred Fitness. The merchandise will be sold in a 20' x 30' greenhouse. Outside the greenhouse will be a 20' x 60' garden area. This area will be fenced in with an all wood handmade picket fence and a wood arbor at the entrance. Wood tables will be inside the fenced area for flower display. Proposed signage will be similar as used in past years and will be placed on the fence. Greenhouse operations are proposed from approx. May 1th — July 3th, from 9:00 am to 7:00 pm daily. Permission has been granted for the use of this portion of the site from the property owner and the use of the Water Store's restroom facilities. DISCUSSION PC 013-2025 The proposal is consistent with operations of other vendors in Muskego. There have been no issues with this business in the past. The petitioner is requesting this approval for a three-year period and staff is recommending said request and the resolution is drafted as such. A transient merchant license must be obtained from the City Clerk's Office and an electrical permit and inspection will be required by the Building Inspection Department for any electricity hookup if needed. STAFF RECOMMENDATION PC 013-2025 Approval of Resolution #PC 013-2025 25 RESOLUTION #PC 013-2025 Supplemental Map eel, A.W. Greenhouses S74 W17009 Janesville Road !,\ &V, cV w MUSKEGO Q Agenda Item(s) Properties 0 150 300 Feet I I I Prepared by City of Muskego Planning Department R 26 RESOLUTION #P.C. 013-2025 APPROVAL FOR THE SALE OF PLANTS AND FLOWERS FOR ANDREW WERNER (A.W. GREENHOUSES) NEAR PREFERRED FITNESS LOCATED IN THE NW & SW'/ OF SECTION 10 (S74 W17009 JANESVILLE ROAD / TAX KEY NO. 2199.999.022) WHEREAS, A request has been submitted by Andrew Werner (A.W. Greenhouses) to locate a temporary greenhouse in the parking lot in front of Preferred Fitness building located at S74 W17009 Janesville Road, and WHEREAS, The request for outdoor plant sales is for Spring/Summer of 2025-2027, and WHEREAS, One 20' x 30' greenhouse and surrounding tables will be used to display the plant and flower merchandise, and WHEREAS, The proposed display area around the greenhouse will be 20' x 60' and a fence will enclose the display area, and WHEREAS, The fence will be a handmade wood picket fence with a wood arbor at the entrance, and WHEREAS, Proposed signage will be similar as used in past years and will be placed on the fence and greenhouse, and WHEREAS, A site plan has been filed for staff review and that proof of sanitary facility accommodations have been provided, and WHEREAS, An electrical permit and inspection may be required by the Building Inspection Department for the electricity hookup if it is required, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerk's Office THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand in the parking lot in front of Preferred Fitness for plant and flower sales for Andrew Werner (A.W. Greenhouses) subject to the following conditions: 1. Dates of operation approved from approx. May 1st to July 3rd 2025, 2026, and 2027, and 2. Hours of operation permitted only from 9 am to 7 pm daily, and 3. A letter of approval from the property owner has been submitted to the Planning Division approving rental space and letter has been provided allowing restroom facility usage, and 4. Applicable permits must be obtained from the Building Inspection Department prior to any site work on the property if electrical is required, and 5. Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. BE IT FURTHER RESOLVED, That no outdoor storage/display of products, supplies, racks, garbage bins, or materials are allowed outside of the fenced area at any time. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 4A r j • r t'�' i 28 rn N Andrew Werner 19 March 2022 AW Greenhouses Retail Stand The plan that I am proposing is a retail greenhouse selling stand that would be located in the Preferred Fitness parking lot on Janesville Road. Upon completion of this review, I would wish to renew this proposal every three years. I will be selling an array of annual flowers. Most of them will be in four, six, ten, and twelve inch pots as well as hanging flower bags. The greenhouse itself will be 20' wide, I I' high, and 30' long. Outside of the greenhouse will be a 20' wide, 60' long "garden area". This area will be fenced in with an all wood, handmade, picket fence (I have provided pictures). The stand would be open from May 151 through July 3)' at the latest. The hours would be 9 a.m. to 7 p.m. seven days a week. With the exception of some holidays such as Mother's Day, 4" of July, and Memorial Day, there will typically only be one person working at the stand. The only plug in device that will be used is a cash register, which is run off of a battery charged by a small solar panel. I look forward to selling at this location, and I am also excited to sell flowers in Muskego that were grown solely in Muskego. SeeK.in� �ppr;val rU act I� �'�po�a�- �eilirj S�anr� ftr 1Yt.2 0 Vvn vn of mrw1..-,J�iv� fUK To VIkX1 -VV-u vctrs, 0 TH I S A GRE YfF-,7'--JT a.s of A nri I i 4z '202—r; liv Muskm��-U rfe�ve'�-- [-t f, I J.CA r, f Y, C! 11 _F- .......... _4Q Ifni S .-:I: ... r tl- MCE T 1 A I CCfio' A, ij - u i_' :11 T h e --f, -,q- - -- " -.' #- III e ll I1LNI : U.L.- U; � � - -- , - - - - I - - - I -. - -. .- - - '. -" z- '. - , --- -, - --i siis -- -, -V - - ­- - -- --- si I A Vc# Licer'SO., -2 Ac. ;cc. -3. ----------- i iNFF Waive-N ii i iN i-311,ui :oul lul —n!l A—v —A I. .... I zl ............ .... .... eyllr, 1.11 Or ?'Dollir- 1-inf- Of! M.1--zvn P.- StM.-v -.I . I rea I -cer, -1. LA 1. H I ILI _g -H!ify v�r v infjl ,H Fif; tv vi co-S-unle-U. U-cell-see. I- --hir� 7 Pq rki n-, 1 nri -lipl ;vp ripr I.irpncz-.r- A nd if- q nd nl' ;7,- v Lirvwmw I ............ ... I_ I: z:; It - 11 1 W 1 ... ... 2W i czp rwm— n;lr- -I A-, r M 9. Merchandises Licensee shall warehouse, store, and stock in the License Area only such merchandise as Licensee intends to offer for sale at retail in the License Area 10. Maintenance_ Licensee shall keep and maintain the License Area and the surrounding area, including any equipment serving the License Area, neat dean, and free of debris and trash, and in good order and repair. Licensee shall also police the other portions of the Shopping Center's common areas on, a daily basis to pick up any papery fliers, another debris originating from Licensee's business. Licensee shall supply and install in the License Area trash containers of adequate size;.ai range for disposal of trash and debris, and police the area around the trash containers. Licensee shall empty the trash containers as often as necessary (daily) to avoid overloading, leakage; spjllage, pest and rodentprobiems, and unsanitary conditions. Licensee shall not burn any trash or debris of any kind in or aboutthe Shopping Center. 11. Prohibited Uses_ Licensee shall not engage in any activities in the License Area, including without limitation, the sale of tickets for, or the staging of, transportation or entertainment events, that would result in the use of the Shopping Centerparking area for commuter parldng; long-term parking for excursion trips, or purposes other than routine customer parking or thatwould interfere with the normal business of the other stores in the Shopping Center. Licensee shall not display, distribute, sell, or store any alcoholic beverages or any dangerous materials without the prior written consent of Licensor. 12. Surrender_ On the Expiration Date or earlier termination of this License, Licensee shall quitand surrender the License Area in good order and condition, and at Licensee's sole expense shall remove its equipment and any other property, and repair any and all damages caused by such removal. Any equipment or property not removed shall he deemed abandoned; however, Licensee shall remain liable for the cost of removal and disposal. 13. No Lease_ Neither this Agreement nor any of Licensee's rights in connection with this Agreement shall constitute a lease, whether of the License Area or otherwise. Licensee shall not bring any action against Licensor or interpose any defense against Licensor based upon the theory that this Agreement constitutes a lease. Licensee waives any substantive or procedural rights that Licensee may have that are predicated upon this Agreement being treated as a lease_ The Foregoing Provisions notwithstanding, however, if this Agreement is deemed by any court; governmental authority, or quasigovernmental authority to constitute a lease, then Licensor shall have all of the rights and remedies of a Licensor of real estate available at applicable law - LICENSOR: C. V. Zillig Muskego, LLC By: �'�'z-4 nri Y�e1SO5n��C� �.1Cxfntc��YL (Print name and title) I it LICENSEE: AW Greenhous ,LLC By. (Print name and rirrp'I Z-v'L3-shay i w -,Uzb. M M City of Muskego Plan Commission Supplement PC 003-2025 For the meeting of. March 4, 2025 REQUEST: Annual Review for the Loomis Court LLC. Property (Mini -Storage and Auto Repair) S98 W12575 Loomis Court & W125 S9912 North Cape Rd. (USH 45) / Tax Key No 2257.973.001 NE'/4 and SE'/4 of Section 25 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 003-2025 This parcel is located off of Loomis Court and North Cape Road (USH 45). In past years the Annual Review was based on the southern portion of the site that contains two buildings. This year the northern portion of the site that is fenced was added to the review based on the conditions of approval of Resolution PC 029-2024 that required site work near the wetlands. The southern building contains mini -storage units and an office/retail space, currently used by Badgerland Auto. The northern building contains mini -storage units, one auto repair and sales businesses and a construction management company. These two building locations were on two separate parcels at one time but when the northern building was built, the two parcels were joined into one. The BSO and CUG approvals for this site were approved under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, #P.C. 025-2007, W.C. 033-2014, #P.C. 065-2017 and W.C. 024- 2019. An annual review is required. The basic conditions of the approvals are as follows: 1. Two auto sales and repair businesses may operate off the northern building on the site. 2. Auto sales and detailing can occur from the southern building on site. 3. There can be no more than five (5) vehicles for sale on this property in the pre -approved locations near the northwest corner of the northern building for the first auto repair business. 4. For the second auto repair business there can be no more than eight (8) vehicles (six (6) vehicles for sale) on the northern side of the north building and no more than three (3) vehicles parked on the east side of the northern building. 5. The southern building's office area is limited to only five (5) small motor vehicles for outdoor display. These displays can only be out during business operating hours. 6. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 7. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern portion of the site. The fencing of this area must include brown colored privacy slats. 8. There shall be no unapproved ancillary signage on the property for any reason. 9. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times within the fenced area at the northeastern part of the site, with the exception of three vehicles parked east of the newer building. 34 STAFF DISCUSSION PC 003-2025 A site inspection was completed on February 11, 2025 and the site was found to be mostly in compliance. The items found to not be in compliance were the number of vehicles and location of said vehicles present that exceeded the number approved during the BSO and CUG on the northern side of the property where Elegant Auto is located. Additionally, on the eastern side of the newer building there were more than the three allowable parked vehicles. A violation letter was sent to the tenants with the owners copied and a follow-up inspection was completed on February 21, 2025. Upon this site inspection the additional vehicles were removed and the site was compliance at that time. The northern outdoor storage area is required to install a barrier along the edge of the wetland protection offset throughout the entire fenced area as well as remove all gravel or recycled asphalt from the wetland protection offset area as well as remove anything being stored from the same area. This has not been completed at this time and the owner has stated that they plan on commencing this work in spring also including the 2"d drive access along the western side of the fenced area. STAFF RECOMMENDATION PC 003-2025 The resolution is drafted for approval, but staff recommends a deferral of Resolution PC 003- 2025 for six months until the September 2, 2025 Plan Commission meeting to allow time for the permits to be obtained and the project to be completed for the area by the outdoor storage lot. 35 RESOLUTION #PC 003-2025 Supplemental Map 114 1 �L o 'I 0, O o r ,, . Loomis Court LLC. S98 W12575 Loomis Court Q Agenda Items) W125 S9912 North Cape Road Right -of -Way Properties — T T C w 0 100 200 Feet M U SKEGO i I I 36 Prepared by City of Muskego Planning Department RESOLUTION P.C. 003-2025 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI -STORAGE WAREHOUSES AND AUTO SALES/REPAIR FOR THE LOOMIS COURT LLC. PROPERTY LOCATED ON LOOMIS COURT AND NORTH CAPE ROAD (TAX KEY NO. 2257.973.001) WHEREAS, The property contains a Conditional Use Grant and Building, Site and Operation plan that was adopted by the Plan Commission for one mini -storage warehouse building with office space and for a building with mini -storage warehouses and an auto repair business for the property located on Loomis Court and on North Cape Road (USH 45), most recently under Resolutions PC 053a-2003, PC 067-2004, PC 050-2005, PC 025-2007, PC 033-2014, PC 065-2017 and PC 024-2019, and WHEREAS, This year the northern portion of the site that is fenced was added to the review based on the conditions of approval of Resolution 029-2024 that required site work near the wetlands, and. WHEREAS, The site conditions of approval included: 1. Two auto sales and repair businesses may operate out of the northern building on the site. 2. Auto sales and detailing can occur from the southern building on site. 3. There can be no more than five (5) vehicles for sale on this property in the pre -approved locations near the northwest corner of the northern building for the first auto repair business. 4. For the second auto repair business there can be no more than eight (8) vehicles (six (6) vehicles for sale) on the northern side of the north building and no more than three (3) vehicles parked on the east side of the northern building. 5. The southern building's office area is limited to only have five (5) small motor vehicles for outdoor display. These displays can only be out during business operating hours. 6. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 7. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern portion of the site. The fencing of this area must include brown colored privacy slats. 8. There shall be no unapproved ancillary signage on the property for any reason. 9. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times within the fenced area at the northeastern part of the site, with the exception of three (3) vehicles parked east of the newer building, and WHEREAS, A site inspection was completed on February 11, 2025 and the site was found to be mostly in compliance, and WHEREAS, One item found to not be in compliance was the number of vehicles and location of said vehicles present that exceeded the number approved during the BSO and CUG on the northern side of the property where Elegant Auto is located, and WHEREAS, Also, on the eastern side of the newer building there were more than the three allowable parked vehicles, and WHEREAS, A violation letter was sent to the owners and a follow-up inspection was completed on February 21, 2025 and the additional vehicles were removed and the site was compliance at that time, and WHEREAS, The northern outdoor storage area is required to install a barrier along the edge of the wetland protection offset throughout the entire fenced area as well as remove all gravel or recycled asphalt from the wetland protection offset area as well as remove anything being stored from the same area, and WHEREAS, The work on the northern outdoor storage area has not been completed at this time and the owner has stated that they plan on commencing this work in spring also including the 2"d drive access along the western side of the fenced area. THEREFORE BE IT RESOLVED, The Plan Commission approves of the Annual Review for the Conditional Use Grant and the Building, Site, and Operation plan for Loomis Court LLC. BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the March meeting of every calendar year. 37 BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the imposition of fines of $100 per day per violation, the initiation of legal action or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 38 City of Muskego Plan Commission Supplement PC 010-2025 For the meeting of. March 4, 2025 REQUEST: Annual Review for Fleet Farm W195 S6460 Racine Avenue / Tax Key No. 2177.996 NE'/4 of Section 5 PETITIONER: Planning Division INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 010-2025 The petitioner seeks approval of the required annual review for the operations of the Fleet Farm store as well as the Fleet Farm gas station/convenience store located at W195 S6460 Racine Avenue. Fleet Farm obtained Plan Commission approval for a Building, Site and Operation (BSO) for the site and main operations of the store via Resolution PC 023-2022 and a Conditional Use Grant (CUG) for the operations of a car repair/service use and gas station/convenience store via Resolution PC 025-2022 in 2022. Resolution PC 023-2022 authorized the annual review. PLAN CONSISTENCY PC 010-2025 Comprehensive Plan: The 2020 Plan depicts the area for commercial. The use is consistent with the Plan. �oning: The property is zoned B-3 General Business District. The proposal is consistent with the Municipal Code. DISCUSSION PC 010-2025 Although the approvals were in 2022, the building additions and site work were mostly completed for temporary occupancy in 2023, when Fleet Farm opened for business. Fleet Farm is still operating under a temporary occupancy and still has a couple minor items that still must be completed for full occupancy of the site. Ongoing conditions that are reviewed during the annual reviews include: - Outdoor storage/sales of LP and ice are limited to the containers and locations as noted in this resolution (one ice bin and one LP bin) with the exterior of all containers to be painted to match the building and no with no other outdoor sales being allowed in front of the gas station building (firewood, etc.). - Outdoor merchandise sales of salt and washer fluid is limited to the area between the pumps only (not on the end caps of the pumps) and must be raised on a curbed surface and maintained neatly at all times in a confined area. Fleet Farm made the decision during construction of the 39 gas station/convenience store that they were not going to add a curbed area around the pumps to allow for the outdoor sales between the pumps. Therefore, no outdoor sales are allowed between the gas pumps. The seasonal outdoor garden sales greenhouse, shade structure and movable shed must be removed from the parking lot while the seasonal sales are not occurring and taken off site or located within the store or in the screened outdoor storage area. Any outdoor sales, display and/or storage by the main store is limited to the specifically identified area noted on the site plan and no additional outdoor storage or display of products is allowed at any time on site, unless further Plan Commission approvals are sought. All signage must be permitted via a separate sign permit. A site inspection was conducted on February 11, 2025 and compliance was not found as there was an ice bin and LP cage/bin outside of the store that have not been painted to match the exterior or the building. Additionally, there was outside sales of salt between the gas pumps, which are not allowed due to the decision to exclude the concrete curb during construction. Behind the building was a long row of carts, pallets, product and a garbage dumpster being stored in violation of the conditions of approval. Lastly, a trailer for rent was located near the southwest corner of the building. All outdoor sales, storage and display of product is to be located in specific locations generally in front of the northwestern corner of the building and in front of the outdoor yard. A letter was sent to the store manager and corporate office identifying the issues. A follow up inspection conducted on February 21, 2025 showed no improvement to the site and there was additional product located behind the building. STAFF RECOMMENDATION PC 010-2025 Contact was made with Alderman Madden who was going to discuss the issues with a store manager. Therefore, staff recommends Deferral of Resolution PC 010-2025 for one month to allow time for the store to take appropriate measures to resolve the issues on -site. The original Resolution stated that an annual review will occur on this property for the first year after the building has been in operation and if no problems are found the annual review could be reconsidered by the Plan Commission. Because problems exist, staff recommends at least one additional annual review prior to removing the annual review requirement. 40 RESOLUTION #P.C. 010-2025 APPROVAL OF AN ANNUAL REVIEW FOR THE FLEET FARM STORE AND GAS STATION/CONVENIENCE STORE LOCATED IN THE NE'/4 OF SECTION 5 (W195 S6460 RACINE AVENUE / TAX KEY NO. 2177.996) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan on March 1, 2022 and a Conditional Use Grant for a gas station convenience store and an automobile service area for Fleet Farm via Resolutions PC 0023-2022 and PC 025-2022 located at S195 W6460 Racine Avenue, and WHEREAS, The property is zoned B-3 General Business District, and current uses are allowed by right and by Conditional Use Grant, and WHEREAS, Although the approvals were in 2022, the building additions and site work were mostly completed for temporary occupancy in 2023, when Fleet Farm opened for business, and WHEREAS, Fleet Farm is still operating under a temporary occupancy and still has a couple minor items that must be completed for full occupancy of the site, and WHEREAS, Ongoing conditions that are reviewed during the annual reviews include: - Outdoor storage/sales of LP and ice are limited to the containers and locations as noted in this resolution (one ice bin and one LP bin) with the exterior of all containers to be painted to match the building and no with no other outdoor sales being allowed in front of the gas station building (firewood, etc.). - Outdoor merchandise sales of salt and washer fluid is limited to the area between the pumps only (not on the end caps of the pumps) and must be raised on a curbed surface and maintained neatly at all times in a confined area. Fleet Farm made the decision during construction of the gas station/convenience store that they were not going to add a curbed area around the pumps to allow for the outdoor sales between the pumps. Therefore, no outdoor sales are allowed between the gas pumps. - The seasonal outdoor garden sales greenhouse, shade structure and movable shed must be removed from the parking lot while the seasonal sales are not occurring and taken off site or located within the store or in the screened outdoor storage area. - Any outdoor sales, display and/or storage by the main store is limited to the specifically identified area noted on the site plan and no additional outdoor storage or display of products is allowed at any time on site, unless further Plan Commission approvals are sought. - All signage must be permitted via a separate sign permit. WHEREAS, A site inspection was conducted on February 11, 2025 and compliance was not found, and WHEREAS, Specific violations included an ice bin and LP cage/bin outside of the store that have not been painted to match the exterior or the building, outside sales of salt between the gas pumps, which are not allowed due to the decision to exclude the concrete curb during construction, a long row of carts, pallets, product and a garbage dumpster being stored behind the building, and a trailer for rent was located outside of the allowable outdoor sales/storage areas, and WHEREAS, A letter was sent to the store manager and corporate office identifying the issues and a follow up inspection conducted on February 21, 2025 showed no improvement to the site and there was additional product located behind the building, and THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for Fleet Farm. i y: 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 Department City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 43 City of Muskego Plan Commission Supplement PC 011-2025 For the meeting of. March 4, 2025 REQUEST: Rezoning from RS-2 Suburban Residence District to PD Planned Development District for the Apple Hills Development S81 W20871 Russet Court / Tax Key No. 2229.992.006 NE'/4 of Section 18 PETITIONER: John Jewell INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 011-2025 The petitioner has submitted a rezoning request from RS-2 Suburban Residence District to PD Planned Development District. A Preliminary Plat was approved for this property in November 2021 under the RS- 2 Suburban Residence District zoning. Since that time the ownership of the property has changed and the engineering has continued for the development. PLAN CONSISTENCY PC 011-2025 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential uses (1.0 2.99 units / acre). The proposal is consistent with the plan with a density of 1.45 units/acre. Zoning: The property was rezoned to RS-2 Suburban Residence District in September 2021 (pending final plat approval). The zoning being requested is PD Planned Development District based on the characteristics of the RS-2 Suburban Residence District. Park and Conservation Plan: The 2017-2021 Plan does not depict any park areas on this property nor any trails on this property. The petitioner has identified a wetland area on the property that is proposed to be filled. Street System Plan: All interior right-of-ways are proposed to be built to City standards and dedicated to the City. Adopted 208 Sanitary Sewer Any future development will be served by municipal sewer. The Service Area: proposal is consistent with the Plan. Water Capacity Assessment -This area will be served by municipal water. The proposal is consistent ,District: 1with the Plan. Stormwater Management Stormwater is shown to be accommodated in the outlot in the Plan: development. DISCUSSION PC 011-2025 The site of this rezoning and newly proposed subdivision is approximately 6.9 acres in size total for the subdivision which is still proposed to be ten (10) lots and one outlot. The outlot would be for stormwater management. 44 The proposed rezoning request consists of a plan with ten (10) single-family lots, which is the same as the current zoning and the approved Preliminary Plat. Each of the lots would follow the general zoning characteristics of the RS-2 zoning district (lots of at least 20,000 square feet and at least 110 feet in width, when sewered) with the exception of two lots (lot 9 and lot 10), which is the impetus of the requested PD Planned Development rezoning request. There is no density bonus being requested, but just a reduction of the setback on one lot and a minimum size reduction on one other lot. The two lots are adjacent to the Summerfield Lane right-of-way extension that extends to the property line towards the south. Lot 9 is a corner lot with an existing house abutting Russet Court and Sommerfield Lane. This lot would have the allowed setback abutting Sommerfield Lane reduced from forty (40) feet to thirty (30) feet with the right-of-way being shifted towards the west. The existing house would still be setback from Russet Court more than 81 feet. Lot 10 would also be shifted towards the west along with the property line between Lot 10 and the outlot to make the outlot larger for proper storm water management. Lot 10 would be reduced from 20,147 square feet on the Preliminary Plat to 19,932 square feet, or 68 square feet less that the required 20,000 square feet. A public hearing for this request was held in front of the Common Council at the February 25, 2025 meeting. There were five residents that spoke at the Public Hearing. The comments include the following: - Nancy Horwath, W208 S8253 Hillendale Drive, has concerns about the water along Hillendale. Water often surrounds their house and the City comes when needed in to clean the culvert below Fireside Drive. Their sump pumps run all the time when the ground is saturated. The water from Hillendale ends up into the Fireside subdivision detention pond. The concern is putting in driveways and houses will add to the water issues. - Ed Horwath, W208 S8253 Hillendale Drive, said they have water issues with big storms since they built the house. No problem with the number of houses but concerned about the water coming down Hillendale and any additional water from the development. - Nick Wegner, W208 S8119 Hillendale Drive, is opposed to the rezoning change. Since the rezoning change to RS-2 in 2021 nothing has happened. Next, the Council should not consider a specific development, but rather whether the types of use of the property and what would be permitted within the planned development district. The development must be compatible with the surrounding area. The council has skipped this when the agenda says the rezoning is for the purpose of allowing a 10-lot subdivision. This doesn't have to be ten lots. He was told when he purchased his lot that the property would only be developed as five lots. He was also told that his lot was for one home only. Next, the City ordinances must be consistent with the Comprehensive Plan and who benefits from the development. The proposed rezoning fails to mention these requirements and if they are met. Next, there are wetlands on the property where there is a home planned. Wetlands provide an environmental benefit but also help with stormwater of surrounding areas, which includes his property. City staff provided the new set of plans to him. He is concerned for the new homeowners. By allowing a dense development to occur, there is a irreversible impact to the surrounding area and he and neighbors will be prohibited from enjoying their property. Additionally, the culverts on Hillendale are inadequate and engineering has not been done properly. The water from the Sommerfield Lane road extension needs to be evaluated. He questions allowing the setbacks to be changed and why the road extension can't be shifted. Lastly, there is no reason to relax the zoning standards on this property. - Tenille Goodhue, W208 S8241 Hillendale Drive, said she would like to know the City's plans for the property between the road stub and proposed road stub. They have dealt with water issues repeatedly on their property. When the County rebuilt Janesville Road a drain tile was damaged, and the City helped raise the elevation of their property. Then the subdivision to the south was developed and the ground was raised for the homes. The new lots are smaller than the rest in the area. Five houses make sense. The location of the retention pond is not where the water naturally drains. The pond on top of the hill normally holds water for three quarters of the year and now there will be a home on it. Why is the City making an exception to something that is already an exception to the area. A planned development in Wisconsin is supposed revitalize and area or enhance the community. This doesn't do any of those. Would love to stay in the area but if you put ten houses there, the City if forcing her out. - Nancy Czerwinski, W208 S8151 Hillendale Drive, is worried about the water and runoff. Who is going to be responsible if their yards flood. Questions if this will be an HOA responsible for the retention pond. The reduced setback is an unjustified exception for the benefit of someone else. 45 Below are some answers/comments to the addressable comments/question noted at the public hearing: - Regarding the stormwater issue from the residents, it sounded like many of the stormwater issues relate directly to Hillendale Drive and areas adjacent to Hillendale Drive. This development is separated from Hillendale Drive by residential uses and would not add any additional stormwater to that area. Additionally, grading and run-off will have to be designed appropriately by the engineering design team to manage the stormwater from this development. The City will also review said plans to ensure all drainage/run-off is handled properly to ensure the surrounding areas are not impacted by any future development. All MMSD and DNR stormwater regulations will need to be met for this site. Their regulation look to reduce the speed of flow of water off the site and improve the quality of the water flowing offsite. - Regarding the density, this entire area has been planned to be medium density residential in the future land use plans since at least 2000 (25 years). This is likely due to the fact that municipal sewer and water are present and typically areas with municipal sewer and water available are developed more densely than areas that do not have the utilities to support such development. Overall, the request for a Planned Development in this instance is to maintain the existing number of lots that were previously approved while reducing the second street yard setback for one lot and making a minor adjustment to the minimum lot size for one lot to ensure that the stormwater from this development is being managed properly. The rezoning approval documents are subject to approval of a Final Plat. STAFF RECOMMENDATION PC 011-2025 Staff recommends Approval of Resolution PC 011-2025 - Subject to approval of the Final Plat for development of this land. 46 RESOLUTION #PC 011-2025 Supplemental Map IF! John Jewell S81 W20871 Russet Court !,\ &V, Cv W MUSKEGO 7 r r z, 7., mi M I i m �.�el Q Agenda Item(s) Properties 0 150 300 Feet I I I Prepared by City of Muskego Planning Department or 47 RESOLUTION #P.C. 011-2025 RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RS — 2 SUBURBAN RESIDENCE DISTRICT TO PD — PLANNED DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED IN THE NE 1/4 OF SECTION 18 (S81 W20871 RUSSET COURT / TAX KEY NO. 2229.992.006) WHEREAS, A petition to rezone properties from RS — 2 Suburban Residence District PD Planned Development District for the Apple Hills development was submitted by John Jewell located at S81 W20871 Russet Court / Tax Key No. 2229.992.006, and WHEREAS, The property was rezoned to RS-2 Suburban Residence District in September 2021 (pending Final Plat approval), and WHEREAS, The development would be served by municipal sanitary sewer and municipal water, and WHEREAS, The 2020 Comprehensive Plan identifies this area for medium density residential uses consistent with a density of between 1.0 and 2.99 units/acre and the proposal is 1.45 units/acre which meets this requirement, and WHEREAS, There is no density bonus being requested as part of the Planned Development request, and WHEREAS, A preliminary plat was approved for this property in November 2021 under the RS-2 Suburban Residence District zoning, and WHEREAS, The proposed rezoning request consists of ten (10) single-family lots, which is the same as the current zoning and the approved Preliminary Plat, and WHEREAS, Each of the lots would follow the general zoning characteristics of the RS-2 zoning district (lots of at least 20,000 square feet and at least 110 feet in width, when sewered) with the exception of two lots (lot 9 and lot 10), which is the impetus of the requested PD Planned Development rezoning request, and WHEREAS, The two lots are adjacent to the Summerfield Lane right-of-way extension that extends to the property line towards the south, and WHEREAS, Lot 9 is a corner lot with an existing house abutting Russet Court and Sommerfield Lane where the setback from Russet Court will be more than 81 feet and the allowed second street yard setback would be reduced from forty (40) feet to thirty (30) feet, and WHEREAS, Lot 10 would be shifted towards the west along with the property line between Lot 10 and the outlot to make the outlot larger for proper storm water management and Lot 10 would be reduced to 19,932 square feet, or 68 square feet less that the required 20,000 square feet, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on February 25, 2025 and five (5) residents spoke with concerns about the proposed development/rezoning, and WHEREAS, Public Hearing comments generally dealt with stormwater, wetlands, and density. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for rezoning of the Jewell property to PD — Planned Development (S81 W20871 Russet Court / Tax Key No. 2229.992.006). BE IT FURTHER RESOLVED, That the rezoning approval is subject to approval of the Final Plat for development of this land. 48 BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building 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 City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 49 2174 LOT S 0038 S \ \ 046 AC o, o SF 0 6 AC IL— ,wY 1 OT7--� 23, M 0 AC / LOT 8 2S55 AC / LOT 4 / v l zoo.a �z9.t' I 204I5ACP / ro / � l EA�MENT� / LOT 3 28F 052AC/ 2LOT 8,M5 6F D,,S AC / -110,0'� N RVSSFT m ��UR7- $ �JJ4o•, / / \ l pan P \ Sax s snx sax sw w —� aaeR y / 3q.1' 20.0' , J 30�58F/� / 1fp' bp. SEE WALL DETAIL a' 0.10 AC / LOT 10 I SHEET C506 W I / 19.2Aff I R A O / FENCE/RAIMNG, hP. I J MY I 147.3' 0 154.0' 182.Y 59.0' ,II�III PROPOSED BUILDING SETBACK I I PROPOSED LOT LINES 1 FILENAME: P:\Shared\1 --j—\2021\21.0029 - John M-1, - S81 w20811 Russel Court - M.-go - TX 10 MSKC 2229992006\CAD\Sheets\21.0029 SP. Ewg � Nv W J O 0 ~ N Q Z a w U < N J N - O r D 3 w N N Z >rf ao 00 N z U z n N � E L mo d W Z i 00 rc� OM ISSUED FOR REVIEW PLAN DATE 09.24.24 DESIGNED BY DEM 0 40' SCALE PROJECT NO. 21.0029 SHEET NO. C101 PLOT DATE: 2/3/2D25 4:08 PM LYNCH & ASSOCIATES ENGINEERING CONSULTANTS, LLC February 3, 2025 Dear Planning Commission: The rezoning request aims to maintain the existing RS-2 zoning standards with two specific exceptions. 1. The side yard setback requirement on the east side of the corner lot 9 (existing house) adjacent to Sommerfield Lane would be reduced from 40 feet to 30 feet, while maintaining the full 40-foot setback to the north adjacent to Russet Court. 2. The minimum lot size for Lot 10 would be adjusted to 19,932 square feet, below the standard 20,000 square feet. These modifications are necessary to accommodate the stormwater management facility on the adjacent Outlot to the East of Lot 10. The site presents a unique challenge due to the steep slopes, which have complicated stormwater management. During the preliminary plating stage, the stormwater facility was sized but did not account for the additional real estate needed to grade the steep slopes effectively. As a result, the current layout cannot adequately service the subdivision without requiring deed restrictions on impervious surfaces for each individual lot. The proposed changes represent a balanced solution, allowing for the necessary space to construct a properly functioning stormwater facility while preserving the overall intent of the RS-2 zoning standards. We respectfully ask the planning commission to approve the requested 30-foot side yard setback on Lot 9 and the reduction of its minimum lot size from 20,000 square feet to 19,932 square feet. Thank you for your time and consideration. Sincerely, Tom Miles Associate Project Manager LYNCH & ASSOCIATES - ENGINEERING CONSULTANTS, LLC 440 Milwaukee Avenue Burlington, WI 53105 262.402.5040 LW www.lvnch en ineerin .corn 5482 S. Westridge Drive New Berlin, WI 53151 262.402.5040 51 City of Muskego Plan Commission Supplement PC 012-2025 For the meeting of. March 4, 2025 REQUEST: Metal Accessory Structure S93 W19753 Henneberry Drive / Tax Key No. 2239.996.007 SW '/4 of Section 20 PETITIONER: David & Wendy Henneberry INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 012-2025 The petitioner proposes to construct a new accessory structure on site that measures 40' x 72' with an 8' x 72' overhanging porch (3,456 square foot total). This building will be clad in metal with a metal roof. Plans are attached for your review. Plan Commission may waive the architectural requirements for accessory structures when any of the following are met: 1. The structure is screened from view, 2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications to an accessory structure, 3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the property or its surroundings, 4. When the area is found not to be predominately residential. Plan Commission may approve the materials as submitted, or require modifications prior to release of building permits. PLAN CONSISTENCY PC 012-2025 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential land use. The proposal for this residential outbuilding is consistent with the Plan. The property is zoned RCE Country Estate District. Accessory structures more Zoning: than 13,000 square feet are permitted on the subject property based on the size of the property. The current proposal measures 3,456 square feet in area. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 012-2025 The petitioner is seeking approval of a metal accessory structure. Within the structure the petitioners would like to raise two horses and two cows as well as house equipment for raising some crops. The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. The petitioner is proposing a steel siding and a steel roof on the accessory structure with colors to match the house. The structure will include wainscoting that would also match the colors and characteristics of the house. The roof will be a light aspen color that will match the color of the roof on the house. A cupola will be on the center of the roof with a weather vane above. Windows are located on three sides of the structure with an overhead door on one side and barn doors on the opposite side. Another overhead door, two windows and a service door are below the 52 porch overhang to offer a residential feel of the structure. Additionally, overhangs are included to match those of the house. Planning Commission approval is being sought due to the difference of materials. The accessory structure would be located adjacent to the house which is behind other residences and more than 450 feet from Henneberry Drive. The accessory structure will be offset forty (40) feet from a property towards the east meeting the setback and offset requirements. The proposed height of the building to the midpoint is approximately 20 feet as measured by the Code, which is within the allowable height of an accessory structure with a property this size. As this is a residentially zoned property, this structure and/or the property cannot be used for any business or commercial storage or use. The proposal also identifies the floor of the structure to be dirt. Per the Code, only those areas where domesticated animals and livestock are to be quartered can be dirt floor while the remainder must have a finished floor of concrete or asphalt. The Resolution states the following items: BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for business storage. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific portion is only to be used by animals, which need specific City approvals. BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the main home. BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home STAFF RECOMMENDATION PC 012-2025 Approval of Resolution #PC 012-2025, if the Plan Commission feels the proposal metal structure meets the typical waiver requirements to allow metal siding and roofing. 53 UTION #PC 012-2025 Supplemental Map A ..- ,a77 z w s? s b David & Wendy Henneberry S93 W19753 Henneberry Drive Q Agenda Items) Properties 1 t-06 C W 0 200 400 Feet SKFGO I I I Prepared by City of Muskego Planning Department RESOLUTION #P.C. 012-2025 APPROVAL OF A METAL ACCESSORY STRUCTURE FOR THE HENNEBERRY PROPERTY LOCATED IN THE SW 1/4 OF SECTION 20 (S93 W19753 HENNEBERRY DRIVE / TAX KEY NO. 2239.996.007) WHEREAS, A survey and building drawings were submitted to construct a 3,456 square foot accessory structure on the property located at S93 W19753 Henneberry Drive / Tax Key No. 2239.996.007, and WHEREAS, The property is zoned RCE Country Estate District, and WHEREAS, The proposal does not meet the Plan Commission's standards for administrative approval of residential accessory structures as metal exterior materials being proposed on the accessory structure, and WHEREAS, The total square footage for accessory structures allowed on this property exceeds 13,000 square feet based on the size of the property, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The petitioner proposes to construct a new accessory structure on site that measures 40' x 72' with an 8' x 72' overhanging porch, and WHEREAS, The accessory structure will be used for raising horses and cows, equipment for growing crops and personal storage only, and WHEREAS, The structure will have steel siding and a steel roof on the accessory structure with colors to match the house along with a wainscoting that would also match the colors and characteristics of the house, and WHEREAS, Windows are located on three sides of the structure with an overhead door on one side and barn doors on the opposite side along with another overhead door, two windows and a service door are below the porch overhang to offer a residential feel of the structure, and WHEREAS, The accessory structure would be located adjacent to the house which is behind other residences and more than 450 feet from Henneberry Drive, and WHEREAS, The accessory structure will be offset forty (40) feet from a property towards the east meeting the setback and offset requirements, and WHEREAS, The proposed height of the building to the midpoint is approximately 20 feet as measured by the Code, which is within the allowable height of an accessory structure with a property this size, and WHEREAS, The accessory structure will have overhangs to match those of the house. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 3,456 square foot accessory structure for the Henneberry property located at S93 W19753 Henneberry Drive / Tax Key No. 2239.996.007. BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home. BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for business storage. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific portion is only to be used by animals, which need specific City approvals. BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the main home. 61.1 BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 56 i N LOT 1 CSM 12357 N 88022'41" E 264.11' 7/8" RBR 7/8" RBR N 8W 2'41" E 140.00 S 01 °35'39" E N 01 *37'19" W S gg°22'41" W 140.00 9.20 9.2 0 0 � aCn coo UNPLATTED `�$ LANDS Z J j iv W G W. 129.98' m v s 72 40.00' c 142.56" 09 CD EXISTING N y DWELLING PROPOSED 62.49" POLE BARN Part of Lot 2, Certified Survey Map Number 12357 located in the Southeast 1/4 of the Southwest 1/4 of Section 20, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin. Beginning at the Southeast corner of lot 1 of Certified Survey Map No. 12357; Thence South 01 °35'39" East along the East line of said Lot 2, a distance of 9.20 feet; thence South 88022'41" West, a distance of 140.00 feet; thence North 01°37'19" West, 9.20 feet to a point on the South line of said Lot 1; thence North 88022'41" East, along said south line of said Lot 1 a distance of 140.00 feet to the point of beginning Said Lands Contain 1,288 Square Feet 0.030 Acres 50 0 50 100 scale 25 feet LOT 2 CSM 12357 57 It is our wish to carry on our family history. The Henneberry family raised horses, cows, and pigs. We would like to carry on the tradition and raise 2 horses, and 2 cows. We also plan on raising some crops. The Henneberry's were one of the first farmers to settle in Muskego. We would like to keep the generations going and keep the Henneberry name strong. The pole barn will be the same colors as the house. There will be a wainscotting type look on the bottom as on our house. The roof will be light aspen steel as on our house. Design ;;: 319556540816 estimate #;: 19013 Store: FRANKLIN EN�►Rvs Elevation Views A 42 Post Frame Building Estimate Date: Feb 7, 2025, 3:00:07 PUI For other design systems search "Design & Buy" on Menards.corn Page 2 of 11 City of Muskego Plan Commission Supplement PC 014-2025 For the meeting of. March 4, 2025 REQUEST: Approval of a Termination of a Conditional Use Grant W195 S8482 Plum Creek Blvd / Tax Key No. 2227.107 SE '/4 of Section 17 PETITIONER: William & Kathy Nielsen INTRODUCED: March 4, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 014-2025 In 1995, the petitioner obtained a Conditional Use Grant for an in-law suite in their home. Now, the petitioner who is the same homeowner that requested the CUG is now requesting that the CUG be terminated since the space is no longer being used as an in-law suite and will not be used as an in-law suite in the future. The City building inspectors have visited the residence and confirmed the area in question is not being used as an in-law suite. The resolution states that if the second formal kitchen has not been modified and/or removed, that will need to be completed as a condition of this approval, before the formal CUG removal can be recorded. As for the process, the Code states "When the owner of the property/business is requesting the termination willingly, due to the use being discontinued, a public hearing is not required. Building, site and operation plan amendment review is still required by the Plan Commission to terminate said use in this circumstance." Therefore, in order to terminate the existing CUG Plan Commission approval is required. STAFF RECOMMENDATION PC 014-2025 Approval of Resolution #PC 014-2025 60 G 4 � b-i-w William & Kathy Nielsen W195 S8482 Plum Creek Blvd. !,1 &V, cV w MUSKEGO UTION #PC 014-2025 Supplemental Map Q Agenda Item(s) Properties 0 60 120 Feet 1 1 1 Prepared by City of Muskego Planning Department Q.. RESOLUTION #P.C. 014-2025 APPROVAL FOR THE TERMINATION OF CONDITIONAL USE GRANT FOR WILLIAM & KATHY NIELSEN LOCATED AT W195 S8482 PLUM CREEK BLVD / TAX KEY NO. 2227.107 WHEREAS, A request has been submitted by William & Kathy Nielsen to terminate a Conditional Use Grant for an in-law suite at their home located at W195 S9482 Plum Creek Blvd, and WHEREAS, In 1995, the petitioner obtained a Conditional Use Grant for an in-law suite in their home, and WHEREAS, Now, the petitioner who is the same homeowner that requested the CUG is now requesting that the CUG be terminated since the space is no longer being used as an in-law suite and will not be used as an in-law suite in the future, and WHEREAS, The City building inspectors have visited the residence and confirmed the area in question is not being used as an in-law suite, and WHEREAS, Because the petitioner is initiating the termination for a CUG willingly, a public hearing is not required but Plan Commission review remains applicable. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for to terminate the Conditional Use Grant for an in-law suite for William & Kathy Nielsen located at W195 S8482 Plum Creek Blvd / Tax Key No. 2227.107. BE IT FURTHER RESOLVED, If the second formal kitchen has not been modified and/or removed, that will need to be completed as a condition of this approval, before the formal CUG removal can be recorded. 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 City of Muskego Adopted: Defeated: Deferred: Introduced: March 4, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 62 M t0 February 18, 2025 RE: Request to remove Conditional Use designation for Tax Key MSKC2227107 To Whom It May Concern, We are requesting the removal of the Conditional Use designation for our home located at W195S8482 Plum Creek Blvd. The Conditional Use designation was originated when we built the house in 1995 as it included space to be used as an in-law suite for Kathy's parents. Both parents are now deceased (2014 and 2023) and this space is no longer being used as an in-law suite nor will it in the future of our ownership of the home. Kindly, William & Kathy Nielsen Iq co Print Application Cry BUILDING, SITE, AND OPERATION PLAN APPLICATION ''' M, , SKEGO PLANNING SERVICES - COMMUNITY DEVELOPMENT Applicant (Please Print or Type) Date: /18/25 Name: illiam & Kathy Nielsen Business Name: Address: 195S8482 Plum Creek Blvd City: FMuskego State: F Zip Code: 53150 Phone Number: 2626130173 Fax Number: Mobile Number: 2626130173 E-mail Address: knielsen@wi.rr.com Property Owner (Please Print or Type) This section can be left blank if the same as above. Name: Business Name: Address: City: F State: F Zip Code: Phone Number: Fax Number: Mobile Number: E-mail Address: Please fill out the information below regarding the proposed BSO. Location/Address: 195S8482 Plum Creek Blvd Muskego WI 53150 Tax Key Number(s): IMSKC2227107 Project/Development Name (If Applicable): Zoning: Conditional Use Grant (CUG) Required? r Yes F- No NOTE: If Yes, the CUG information must also be filled out and submitted with the BSO submittal. Page 1 of 9 �i Intended Use: If this form has been filled out electronically, please click on the "Print Application" button on the top of page 1 or to the right of this text. I Print Application Once the application is printed/filled out it can be submitted to the Planning Services Division along with any applicable information required for your submittal. Please see the attached sheet to ensure that the proper supporting documents are submitted along with this completed form. I HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE BUILDING, SITE, AND OPERATION PLAN PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE PLAN COMMISSION. Signature of the Property Owner: f / J Prin Name: 1 /U� Date: J ) Signature of the Applicant (working as "Agent" for the owner): Print Name: Date: For Planning Services Use Only Submittal Date: Staff Signature: Fees Paid: F- Yes No Page 2 of 9