Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
June 9, 2022 – 7:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 7:00 p.m.
Plan Commission members present: Comm. Mark Grabowski, Comm. Theresa Hoff, Comm. Belt, Comm. Cheryl Mantz, Comm. Ryan Lange, Trustee Craig Roberts, and President Jeff Knutson.

Also present: Village Planner, Mary Censky; Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse.

2. Public Hearings

a. On a Conditional Use Grant request of property owner/applicant Steven Anderson to construct a carport addition to his principal residence with a setback from the Lake Street public right-of-way line of zero (0) feet where approximately 17.5 would be required by Code.

Terry Conley, 210 Park Avenue, stated she is opposed to the proposal as it would block a portion of her lake view and would have a negative impact on her property value due to the decreased lake view.  She stated Lake Street provides the Fire Department access to Pewaukee Lake.  She said this is a small lot and it has a garage already.  She stated she is concerned as the car port could be used for storage and that many years ago there was a variance that was denied for this property.

b. On a Conditional Use Grant request of applicant/business operator Mathaeus Christian Myga to operate a walk-up window service type restaurant, (i.e. Schnitzelbunker) at 145 Park Avenue.  The owner of this .24-acre, B-2 Downtown Business District zoned property is Laimon Family Limited Partnership.

Jim Grabowski, 128 Park Avenue, spoke in support of the application.  He stated he feels this is a good idea and will bring additional traffic to the downtown area and it does not need parking accommodation for inside seating as there is none.  He further stated that he does not have an issue with the additional foot and car traffic it may bring to the community.

Terry Conley, 210 Park Avenue, stated she is in support of this application.  The proposed location for this business was the original location for Park Avenue Pizza and the proposed use will bring more diversity for food options.

3. Citizen Comments: None.

4. Approval of the Minutes – Regular Plan Commission Meeting – May 12, 2022

 a. Comm. Belt motioned, seconded by Comm. Grabowski to approve the minutes of the May 12, 2022, Regular Plan   Commission meeting as presented.
 Motion carried unanimously.

5. Old Business

a. Review and discussion regarding possible updates to the Village’s ‘Off-Street Parking Requirements’ as setforth in Chapter 40, Article VII, Division 2. of the Village Code.

President Knutson stated that this matter will be deferred to the next meeting.

6. New Business

a. Conditional Use Grant request of property owner/applicant Steven Anderson to construct a carport addition to his principal residence with a setback from the Lake Street public right-of-way line of zero (0) feet where approximately 17.5 would be required by Code.  This .13-acre property is located at 201 Park Avenue, and it is zoned R-5 (LO) Single-Family Residential with Lakefront Overlay District.

Planner Censky stated that there is a provision in the code for owners of non-conforming lots to apply to the Plan Commission for a Conditional Use Grant (CUG) for a waiver from setbacks and offsets from the lot lines.  Censky stated that the front of this house faces Park Avenue and the driveway and garage face Lake Street.  The garage currently has a very small setback from the Lake Street property line – approximately 1.2 feet.  The code allows for an addition to a nonconforming structure as long as it would not make the structure more nonconforming.  In this case currently before the Plan Commission the proposed setback for the carport is depicted as a one-foot setback but the property owner has said verbally that he would like zero feet if possible.  The property owner is proposing other changes to the house; however, those changes do not require Plan Commission approval.  The carport would be connected to the garage and the house and the garage would be changed to a flat roof from a pitched roof.

Comm. Hoff questioned the height of the garage with the proposed change and its impact on the lake view.  Bryan Tom, representative for the property owner, stated that the current height of the garage is 13.5 feet and the proposed height to the top of the railing would be 15 feet.

Comm. Grabowski stated that there is a storm sewer outfall on Lake Street with a catch basin in Park Avenue that runs adjacent to the subject property and proposed carport location in the Lake Street right-of-way.

President Knutson stated that he is not too against the carport as long as it is at least one foot back from the right-of-way.  Knutson questioned the setback of the existing garage with proposed deck to the lake.  Planner Censky stated that the applicant is not changing the garage setback to the lake with the change to the garage.

Comm. Grabowski stated he is fine with reducing the setback and he said the storm sewer pipe is not a deep pipe – maybe up to approximately two feet deep.  Trustee Roberts asked if there could be a waiver from liability if the Village would ever need to go in and maintain the pipe in the future.  Comm. Grabowski stated he would be comfortable approving subject to Director Naze’s review and consent that it is not a conflict with the storm sewer pipe maintenance.

Discussion continued related to whether or not there are other carports in the Village and the type of material for the carport.  Trustee Roberts inquired of the setback of the garage from the lot line.  Planner Censky stated per a 1996 survey on file the distance in 1.2 feet.  Trustee Roberts stated he does not want to make the structure more nonconforming and would like the carport to be at least 1.2 feet back.  President Knutson stated he would like it to be at least 1.5 feet back.  Attorney Gralinski stated that the Commission cannot go more than 1.2 feet which is the current structure setback.

Comm. Grabowski motioned, seconded by Comm. Belt to approve a 1.2 foot setback subject to approval from Director Naze as it relates to the proximity of the storm sewer pipe and the Planner’s recommendations in the staff report.

Attorney Gralinski stated that he would be more comfortable with the matter coming back to the Plan Commission at a future meeting to allow Director Naze time to review for any concerns he may have.

Comm. Grabowski withdrew his motion and Comm. Belt withdrew his second on the motion on the floor.

Comm. Mantz motioned and Trustee Roberts seconded to table this item pending a review by Director Naze.  Motion carried 6-0-1 with Comm. Hoff abstaining.

b. Conditional Use Grant request of applicant/business operator Mathaeus Christian Myga to operate a walk-up window service type restaurant, (i.e. Schnitzelbunker) at 145 Park Avenue.  The owner of this .24-acre, B-2 Downtown Business District zoned property is Laimon Family Limited Partnership.

Planner Censky stated that the tenant space to be used for this proposal will be on the left side when entering the building.  They will be serving food out of the window facing Park Avenue.  The application did not include plans for the interior space use or the service window and any awning that may be added.  The property has approximately 12 shared parking spots on the east side of the building.  There is no indoor or outdoor seating proposed.  Planner Censky then reviewed the proposed conditions listed in her staff report.

Discussion occurred with the applicant, Mr. Mathaeus Myga, regarding business hours with the consensus to look at a window for hours of operation from 9AM – 9PM Sunday – Saturday.  Discussion then took place related to the plans for the possible window awning and other possible exterior changes and whether the changes should be presented for Plan Commission approval or deferred to staff for approval subject to Plan Commission review for any staff related concerns.  The consensus of the Commission was to allow for staff review and approval with any staff concerns referred for Plan Commission review and action.

Comm. Mantz inquired about the location of any exhaust fan with Mr. Myga stating that piping already exists in the building it would be placed on the roof.  Trustee Roberts stated that there is a requirement for screening of the exhaust fan that the applicant should keep in mind.

Trustee Roberts motioned, seconded by Comm. Lange to approve the Conditional Use Grant to operate a walk-up window service type restaurant, (i.e. Schnitzelbunker) at 145 Park Avenue with the following conditions:

1) Hours of operation shall be Sunday – Saturday from 9AM – 9PM;

2) Staff review and approval as to detailed plans to be prepared and submitted by the applicant for the window, awning, exterior lighting, exhaust hood and partially screened outdoor storage area (i.e., size, location, style,…) discussed/proposed as a part of this use with such approved detailed plans to be exhibited to the Conditional Use Permit.  Staff shall refer any matters of concern submitted by the applicant to the Plan Commission for review and approval;

3) If an outdoor dumpster(s) and/or similar waste containment equipment needs to be placed at this site in support of this proposed new use, the Village Staff must be consulted for review and approval of plans as to the location and screening of such equipment prior to its placement at the site;

4) Final drafting and recording of the Conditional Use Grant prior to issuance of any building, electrical, plumbing, and similar… permits in support of the interior and/or exterior changes planned/necessary to implement this use.

Motion carried unanimously.

c. Review, discussion and possible action/recommendation to the Village Board regarding a proposed amendment to the rear yard requirements as set forth in the Residential Infill-Redevelopment Overlay District (i.e. Division 18.5 Section 40.367.7) pertaining to lots with rear yards abutting, principally, the rear yard of other newly platted lots and/or outlots within the same development.  The applicant is Cornerstone Development in c/o Joe Orendorf and John Wahlen, and Alan Peters of True Vine Development.  This property is zoned Residential Infill-Redevelopment Overlay District.

Planner Censky stated that the Plan Commission considered a version of this language in consultation form at its meeting last month.  The proposed language would allow reduced yards for open air decks on select lots meeting certain conditions stated in the draft ordinance language.  Trustee Roberts stated that this language would be applicable to other types of developments with similar zoning which was confirmed by Planner Censky.

Motion by Comm. Belt, seconded by Comm. Mantz, to recommend to the Village Board the proposed amendment to the rear yard requirements as set forth in the Residential Infill-Redevelopment Overlay District (i.e. Division 18.5 Section 40.367.7) pertaining to lots with rear yards abutting, principally, the rear yard of other newly platted lots and/or outlots within the same development.  Motion carried unanimously.

7. Citizen Comments – None.

8. Adjournment
Trustee Roberts motioned, seconded by Comm. Lange to adjourn the June 9, 2022, Regular Plan Commission meeting at approximately 8:01 p.m.
Motion carried 7-0.

Respectfully submitted,

Scott Gosse

Village Administrator