Plan Commission Meetings and Agendas

Village of Pewaukee
Plan Commission Meeting Minutes
October 14, 2021 – 7:00 pm

1. Call to Order and Roll Call
Administrator Gosse called the meeting to order at 7PM and called for nominations for an Acting Chairperson for the meeting.

Comm. Grabowski moved, seconded by Comm. Lange, to nominate Trustee Roberts. No other nominations were presented. Motion carried 6–0.

Plan Commissioners present: Comm. Jim Grabowski, Comm. Theresa Hoff, Comm. Cheryl Mantz, Comm. Ryan Lange, Comm. Brian Belt, Trustee Craig Roberts. President Jeff Knutson was excused.

Also present: Planner Mary Censky, Engineer Tim Barbeau, Village Attorney Mark Blum, and Village Administrator Scott Gosse.

2. Public Hearings.

a. To construct a garage addition to the existing residence at 510 Park Avenue that will be offset 6.3 feet from the east/northeast lot line where 10 feet is ordinarily required by Code. The property owner/applicant is Amanda Donath. The property is zoned R-5 Single-Family Residential District.
No comments were presented.

b. To locate a dine-in, sit down type restaurant use (i.e. First Watch-The Daytime Cafe) including both indoor and outdoor seating space, in the north tenant space of the proposed new multi-tenant Building #4 on Lot #3 of the Shops at Meadow Ridge Planned Unit Development (PUD). The property address is 1466 Capitol Drive. The property owner/applicant is Meadow Ridge Shops LLC in c/o John Thompson. The property is Zoned B-1 Community Business District with PUD Overlay.
No comments were presented.

3. Citizen Comments.
Nick Wellenstein, 409 Park Avenue and co-owner of 227 Sussex Street, stated he was in attendance with his business partner regarding the consultation on the agenda related to 227 Sussex Street.

Lisa Wenger, owner of Healing Haven, 135 Dynex Drive, spoke in favor of handicapped accessible street parking in front of 135 Dynex Drive to provide safe parking for her building.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – September 9, 2021
Comm. Hoff moved, seconded by Comm. Mantz, to approve the September 9, 2021 Plan Commission minutes as presented.
Motion carried 5-0-1 with Comm. Grabowski abstaining.

5. Old Business

a. Review, discussion and possible action/recommendation to the Village Board regarding the Village of Pewaukee Comprehensive Plan update in progress. There may also be discussion regarding its relationship(s)/connectivity to the recently completed Village of Pewaukee Strategic Plan Update.
Planner Censky asked the Commission to review the draft Land Use Plan and be prepared to return in November for any final comments. A date for a public hearing will be reviewed along with reviewing other requirements for the public participation process.

6. New Business.

a. Review, discussion and possible approval of a Sign Code waiver request to place a freestanding sign at zero feet setback from the front lot line at 135 Dynex Drive. The applicant is Lisa Wenger d/b/a Healing Haven. The property owner is Terra Engineering & Construction Corporation. This site is zoned B-2 Downtown Business District.
Planner Censky stated that a freestanding ground sign placed 10’ from the lot line, up to 40 sq. ft. in area, is allowed by code. Censky indicated that the applicant is requesting a smaller sign that that would encroach into the right-of-way adding that the existing building is approximately 8’ from the right-of-way. The applicant desires a freestanding sign that is perpendicular to the road for visibility purposes. Two options are available – 1) waiver of the 10’ setback requirement from the right-of-way line; or 2) a hold-harmless agreement with the Village if the Plan Commission and Village Board were to consider allowing the sign to be placed within the right-of-way.  Discussion ensued with the applicant indicating that she would be okay with the sign being placed on the right-of-way line extending back toward the building.
Comm. Grabowski moved, seconded by Comm. Lange, to approve a zero foot or more setback from the right-of-way inclusive of the following Planner’s recommendations:
1. Sign lighting and landscaping plans shall be subject to review and approval by Village Staff prior to issuance of a Sign Permit; and
2. Applicant to secure a Sign Permit (and any other required permits such as building, electrical, if needed) prior to placement of the sign at this site.
Motion carried unanimously.

b. To construct a garage addition to the existing residence at 510 Park Avenue that will be offset 6.3 feet from the east/northeast lot line where 10 feet is ordinarily required by Code. The property owner/applicant is Amanda Donath. The property is zoned R-5 Single-Family Residential District.
Planner Censky reviewed the request indicating that there was a steel shed at the end of the existing driveway and the owner now desires to construct an attached garage to the house which, by code, should have a 7.5’ offset from the side lot line. The proposed setback is 6.3’. Planner Censky noted that the adjacent property has a reduced setback for the house and that if there is not a 10’ separation between structures there may be a need for additional building code requirements for the new structure for fire safety. The materials for the addition match the existing building, will be a single stall garage, and will be facing the street. Engineer Barbeau stated that there will be a swale between the garage and adjacent house within the 6’ offset area and that a plan should be submitted to assure it gets accomplished as part of the project.
Comm. Grabowski moved, seconded by Comm. Lange, to approve the Conditional Use Grant request for 510 Park Avenue as follows:
1. Applicant to comply with any extra-ordinary building design/materials requirements as may be required by the Building Inspections Department in their review for Building Permit, owing to the limited separation between this proposed garage addition and the neighboring residence to the east.
2. Applicant to provide, for Village Staff review and approval prior to building permit issuance, survey evidence of the actual building separation between the proposed addition and the existing residence to the east.
3. Applicant to provide, for Village Staff review and approval prior to building permit issuance, survey evidence that with the addition in place, and considering the removal of the old shed, this site is either compliant with the 30% minimum open space requirement and maximum 30% building footprint area (or no more nonconforming than existing conditions) on the lot.
4. Village Engineer review and approval of a grading/drainage plan for the site as will ensure that the proposed garage addition will not adversely impact surrounding properties in terms of stormwater flow/management given the narrow distance to the lot line.
5. Issuance of a building permit prior to start of any work toward constructing the proposed garage addition.
Motion carried unanimously.

c. To locate a dine-in, sit down type restaurant use (i.e. First Watch-The Daytime Cafe) including both indoor and outdoor seating space, in the north tenant space of the proposed new multi-tenant Building #4 on Lot #3 of the Shops at Meadow Ridge Planned Unit Development (PUD). The property address is 1466 Capitol Drive. The property owner/applicant is Meadow Ridge Shops LLC in c/o John Thompson. The property is Zoned B-1 Community Business District with PUD Overlay.
Planner Censky reviewed the application indicating that the parcel in question is Lot #3, Building #4, of the Shops at Meadow Ridge PUD. The PUD allows up to a 7,200 sq. ft. building for this parcel with the original approval granted for a tire store with any other uses allowed by code also permitted. The proposed building footprint is 6,200 sq. ft. with the proposed Café occupying 4,200 sq. ft. Proposed hours are 7AM – 2:30PM seven days per week with 35 tables inside and 8 tables for outside dining. There is no drive-thru proposed. The proposed architecture of the building is similar to the two buildings west of Chick-fil-A. Discussion took place regarding the site layout and parking. Planner Censky stated that signage, if not code compliant, would need to return to the Plan Commission for consideration of a sign code waiver.
Comm. Mantz moved, seconded by Comm. Grabowski, to approve the Conditional Use Grant for the proposed dine-in, sit down type restaurant use in the proposed multi-tenant building on Lot #3 Shops at Meadow Ridge as follows:
1. Building shall be constructed as presented at the October 14, 2021 Plan Commission meeting;
2. Hours shall be 7AM – 2:30PM as presented in the application;
3. Seating shall be subject to plans presented at the October 14, 2021 Plan Commission meeting;
4. Village Staff review and approval of all tables, chairs, umbrellas, lighting, and any other fixture, materials, equipment, or supplies to be placed in the outdoor seating area, prior to use/occupancy of the outdoor seating area;
5. Applicant to secure sign permits for any permitted signs and Plan Commission Sign Code waiver for any other signs prior to permit issuance.
Motion carried unanimously.

d. Review, discussion and consultative feedback to the applicant, Wellspring Construction Group LLC (in/c/o Tim Knepprath), to add the use “mini-warehousing” to the list of conditional uses that can be considered for approval in the B-5 Zoning District in order to make that use available to themselves for possible development on the lands located just north of and adjacent to the existing uses/building located at 227 Sussex Street. The property is Zoned B-5 Light Industrial.
Planner Censky reviewed the request for feedback on the conceptual use of the property for a mini-warehousing type of use. Censky noted the layout of the property and the area proposed for consideration of the mini-warehouse use. Reference was made to the geotechnical report which indicated that lightweight buildings are a possible building type for this property given subsoil conditions which leads to the property owner requesting consideration of the mini-warehouse use of the property. The question to the Plan Commission is whether there is a desire to add the proposed use to the B-5 Zoning District as a Conditional Use which would allow for the use to be considered for any property zoned B-5. Censky noted that the Village Code does have a definition of warehousing in the B-5 District which is distinct from mini-warehousing. In response to a question from Comm. Grabowski, Censky confirmed that mini-warehousing is the same use as storage units. Discussion continued regarding the desire to allow mini-warehousing in certain B-5 zoned areas of the Village and not others; however, it was understood that if the use is added to the B-5 District that the use would be open to all areas with like zoning. Nick Wellenstein, property owner, advised the Commission the he has owned the property for 18 months and pursued plans for a 60,000 sq. ft. building. There were no leads on a sale of the property due to the limitations of the soil conditions and the difficulty to construct a 60,000 sq. ft. building on the existing soils. Tim Knepprath, co-owner of the property, further added that soil borings and test pits were conducted which confirmed the soil conditions were poor. Attorney Blum advised the Plan Commission that if there is an interest in pursuing the proposed use on the property that one option to consider might a Planned Unit Development (PUD) for this specific site with conditions and regulations for this specific site. Commissioners expressed a desire to pursue this option to determine if it was feasible.

e. Review, discussion and possible approval of the building, site and operating plans for the proposed accessory use “veterans memorial tower with related walking paths, seating/reflection area, lighting, landscaping, and shelter” to be located in the southeast quadrant of Kiwanis Village Park located at 325 Capitol Drive. The property is zoned P-1 Park & Recreation District. The property owner is the Village of Pewaukee.
Planner Censky reviewed the revised plans submitted for the memorial indicating that the design included a bell that could be rung manually with the rope being removable. The proposed location is in the same area previously shown to the Plan Commission at a prior meeting. Administrator Gosse advised the Commission that the Joint Park & Recreation Board approved the proposed memorial location at its meeting last night; however, approved the location of the proposed pavilion in a location closer to the parking lot so it is located outside of the sand volleyball courts. Trustee Roberts advised the Commission that the Village Board reviewed this concept at its meeting last week with a favorable response to the idea by the Village Board. Censky advised that the lighting proposed for the memorial would need to contain shielding to prevent spillover and would need to be screened from surrounding properties.  Cheri Enters, representing the Bell Tower Memorial Group, advised the Commission that the Park & Recreation Director desired to have the proposed pavilion moved to the east end of the parking lot so the Group is exploring a smaller pavilion as well as other options related to a possible future building at the east end of the parking lot and the impact it may have on a pavilion. Ms. Enters advised that the Group would withdraw the pavilion from the Plan Commission agenda at this time given the need to work with the Joint Park & Recreation Board on a new location. Discussion took place regarding the memorial and the pavilion. Attorney Blum advised the Commission that it could take action to approve the location of the memorial given the action of the Joint Park & Recreation Board. Attorney Blum further stated that the Village Board would make a final decision on the location of the memorial and possible pavilion as it would need to approve an agreement for these items. Further discussion took place regarding the location of the memorial.
Comm. Belt moved, seconded by Comm. Mantz, to approve the site plan for the proposed memorial, excluding the pavilion, as submitted and as outlined in the Planner’s recommendation.
Motion carried 5 – 1 with Comm. Hoff voting nay.

7. Citizen Comments. – No comments.

8. Adjournment
Comm. Hoff moved, seconded by Comm. Grabowski, to adjourn. Motion carried unanimously at 8:40PM.

Respectfully submitted,

Scott Gosse
Village Administrator