PCR2002141RESOLUTION #P.C.141-2002
DETERMINATION OF A NON-SUBSTANTIAL CHACNGE TO THE APPROVED
SARAH ESTATES PLANNED DEVELOPMENT PERTAINING TO OPEN SPACE
FOR THE LORN0 PROPERTY LOCATED IN THE NE % OF SECTION 15
W176 S7970 PARKLAND DRIVE / TAX KEY NO. 2218.063
WHEREAS, Plans were submitted by Jay Lorino for determination of a non-substantial
change to the approved Sarah Estates planned development pertaining to open space
requirements for an individual parcel at the Lorino property located in the NE % of
Section 15 on October 3,2002, and
WHEREAS, The petitioner is proposing to install a paved driveway and sidewalk
measuring approximately 1,854 square feet, and
WHEREAS, Said property is currently zoned RS-2/0PD, Suburban Residence District as
modified by the Planned Development Overlay, and said use is a permitted use by right,
and
WHEREAS, The petitioner’s property measures 18,125 SF, and the RS-2IOPD District
for Sarah Estates requires each property to maintain 15,000 square feet of open space, and
WHEREAS, The residence footprint measures 2,436 SF, and the addition of impervious
surface on the property will total 4,290 SF, resulting in 13,835 SF of open space
WHEREAS, The Public Works Committee and City Engineer require the use of
Technical Release 55 (TR-55): Urban Hydrology for Small Watersheds as
prepared by the US. Department of Agriculture to calculate storm runoff volume,
peak rate of discharge, and storage volumes required for management plans
and facilities, and
WHEREAS, Modeling for stormwater management assumed that this property
would contain approximately 5,438 SF of impervious surface according to TR-55,
and the existing management facility for the subdivision was designed to
accommodate the proposed amount of impervious surface, and
WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the Plan
Commission and Common Council to consider petitions “without specific compliance to
the district regulations as hereinafter provided. ” And as such, the Plan Commission
and Common Council have the discretion within Planned Development Districts to allow
additional impervious surface not in specific conformance with the Code, and
WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and
Common Council to consider amendments to the District as either “substantial” or “non-
substantial” changes. In the event that an amendment is considered substantial, a public
hearing would be held prior to Common Council consideration.
e
e
e THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
installation of a paved driveway and sidewalk not to exceed a total of 1,854 square feet as
submitted by Jay Lorino for the property located at W I76 S7970 Parkland Drive.
BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-
substantial change to the approved Sarah Estates Planned Development District and
recommends to the Common Council that no public hearing shall be required.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspect of this plan as they relate to landscape areas and drainage
shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of
landscaping andor asphalting, a bond, letter of credit or cashiers check equal to twice the
value of said costs must be submitted to the Planning Department.
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: October 15,2002
Defeated:
Deferred:
Introduced: October 15,2002
ATTEST. Sandi Asti, Recording Secretary &A-