PCR2003052RESOLUTION #P.C. 052-2003
DETERMINATION OF A NON-SUBSTANTIAL CHANGE TO THE APPROVED
DEER CREEK ADDITION NO. 1 PLANNED DEVELOPMENT PERTAINING TO
OPEN SPACE FOR THE WINCHELL / COUILLARD PROPERTY LOCATED IN
THE SW ¼ OF SECTION 10
S76 W16922 DEER CREEK COURT / TAX KEY NO. 2199.110
WHEREAS, Plans were submitted by Ray Winchell and Peggy Couillard 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
Winchell / Couillard property located in the SW ¼ of Section 10 on April 14, 2003 ,
and
WHEREAS, The petitioner is proposing to install a paved driveway measuring
approximately 1,600 square feet, and
WHEREAS, Said property is currently zoned RS-2/OPD, 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 18,001 SF, and the RS-2/OPD
District for Deer Creek Addition No. 1 requires each property to maintain 15,000
square feet of open space, and
WHEREAS, The residence footprint measures 2,573 SF, and the addition of
impervious surface on the property will total 4,173 SF, resulting in 13,838 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 U.S. 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 5,400 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.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
installation of a paved driveway not to exceed a total of 1,600 square feet as
submitted by Ray Wincell and Peggy Couillard for the property located at S76
W16922 Deer Creek Court.
BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a
non-substantial change to the approved Deer Creek Addition No. 1 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 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: May 6, 2003
Defeated:
Deferred:
Introduced: May 6, 2003
ATTEST: Sandi Asti, Recording Secretary