Public hearings on 311 Oakton and 125 Oakton Ave, Conditional Use Grants 311 Oakton and 125 Oakton Ave, possible action on rear yard reduction for the Glenn at Pewaukee, meeting etiquette.
PLAN COMMISSION MINUTES
July 14, 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. Belt, Comm. Theresa Hoff, Comm. Cheryl Mantz, Trustee Craig Roberts and President Jeff Knutson. Excused: Comm. Ryan Lange and Comm. Mark Grabowski.
Also present: Village Planner, Mary Censky; Village Attorney, Matt Gralinski; Village Clerk, Casandra Smith and Village Deputy Clerk/Treasurer Jenna Peter.
2. Public Hearings - None.
3. Citizen Comments – None.
4. Approval of the Minutes:
a. Regular Plan Commission Meeting – June 9, 2022
Comm. Hoff motioned, seconded by Comm. Belt to approve the minutes of the
June 9, 2022, Regular Plan Commission meeting as presented.
Motion carried unanimously.
5. Old Business - Item 5.a. was discussed after New 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.
Planner Censky provided an update regarding the Village’s parking requirements for all business zoning districts as it relates to the apparent decline in brick-and-mortar retail shopping and the continuing practice of working remotely – away from office environments. Of particular interest is the potential for excessive parking allocations displacing underutilized otherwise usable/developable space in the Village’s business area. Censky reports she has spoken with a couple of business/property owners in the area so far, including Jim Forester of Meadow Creek Market and Jimmy Rosen of the Shops at Meadow Ridge, to get initial opinions and thoughts. Censky will have more information on the subject available next month.
6. New Business
a. Review and possible action on the Conditional Use Grant request of applicant/property owner Lisa Nguyen, d/b/a Shekhinah Spa, to establish a mixed principal use (i.e. first floor spa/salon w/ second floor residence) on her .31 acre, B-2 Downtown Business District zoned property located at 311 Oakton Avenue.
Planner Censky explained Lisa Nguyen would like to convert the existing first floor residential use into a commercial use – Shekhinah Spa, and continue the existing second floor residential use of the property. Nguyen proposes essentially a “per existing conditions” site plan, the exception being that the existing driveway will be paved. Nguyen may power wash and repaint the existing building if/as needed, and she will clean up the perennial plants, weed and add where necessary, wood chips and appropriate weed barrier. The lawn will be seeded where there are bare spots in the grass. The spa will accommodate 3 part-time employees serving no more than 2 clients simultaneously at the site at any time. Censky stated the proposed parking appears to be adequate based on this proposed level of use. The question was asked if the upstairs will be rented out. Nguyen stated it would not be rented out but rather she would be living there herself.
Village Planner Recommendations:
1) Applicant to secure all required Building Inspections approvals as to the occupancy types proposed within this structure;
2) Applicant to secure any/all building, electrical, plumbing and similar permits prior to the start of any modifications to the building;
3) Asphalt paving of the driveway shall be completed prior to the start of business operations at this site and the paving shall abide by the 3-foot side yard offset requirement of the B-2 District;
4) Landscaping improvements as described above shall be completed prior to the start of business operations at this site;
5) The Planning Commission finding that the site can adequately accommodate the multiple uses with respect to such matters as, but not limited to, the dimensional standards of the district, site access and parking, and further provided such mixing of uses are mutually compatible and synergistic and will not be detrimental to the surrounding area and/or generate adverse impacts individually or collectively upon the public health, safety and welfare;
6) Drafting, signatures and recording of the Conditional Use Grant document prior to the start of business at the site.
Comm. Mantz motioned, seconded by Comm. Belt to approve the Conditional Use Grant to establish a mixed principal use (i.e. first floor spa/salon w/ second floor residence) in an existing building; to approve the Village Planner’s recommendations and to make the correction to recommendation 6) as follows: “Drafting signatures and recording of the Conditional Use Grant document prior to the start of business at the site.”
Motion carried unanimously.
b. Review and possible action on the Conditional Use Grant request of tenant occupant Mary Eckl, d/b/a Big Guy’s Magic, to establish a temporary outdoor retail use/seasonal structure which may exceed two consecutive days or three days cumulatively in any 30-day period and which may not comply with the setback and offset requirements of the B-2 Downtown Business District it’s located in. This 0.10 -acre lot is located at 125 Oakton Avenue, and it is owned by Donn Droegkamp.
Planner Censky explained that Big Guy’s Magic would like to place a 10-foot x 20-foot tent on the front grassy area of the site in a location that may not meet the 15-foot setback requirement of the B-2 Downtown Business District. The applicant proposes to place the tent approximately 5 – 10 feet back from the edge of the concrete area in the front of the building. The tent will not have side walls and would remain in place no later than October 31, 2022. The hours of operation (i.e. retail sales) in the tent would mirror the hours that the brick & mortar portion of the business is open at this same address. Censky went on to explain that all products will be removed from the tent on a nightly basis and it will not have lights.
Questions arose about providing insurance if the tent were to blow away; this would be covered under the business’s insurance.
Village Planner Recommendations:
1) The tent shall be maintained in good repair and securely fastened against the weather at all times;
2) No part of the tent and/or it’s supporting appurtenances may be located closer than 5 feet to the concrete walk/seating area located in front of this building;
3) Other details, such as hours of operation, operating characteristics, lighting, duration and location of tent placement and no sidewalls, shall be as represented above;
4) The Planning Commission finding that this use and location are suitable for temporary use approval through conditional use grant on the basis that this lot, uniquely, has a sufficiently sized and landscaped front yard as will accommodate this tent, as compared to most other sites in the B-2 Downtown Business District, and that the use does not appear to present a hazard to the public or create undue pressure upon the public services (such as creating new or excessive parking demand);
5) Drafting, signatures and recording of the Conditional Use Grant document prior to the placement of the tent at this site
Trustee Roberts motioned, seconded by Comm. Hoff to approve the Conditional Use Grant to establish a temporary outdoor retail use/seasonal tent on an annual basis ending on October 31st and to work with the staff of Big Guy’s Magic to establish a start date.
Motion carried unanimously.
c. Review, Discussion and possible action on the request for rear yard reduction applicable to open air decks to 10 feet for nine lots (i.e. Lots 6 – 10 and Lots 38 – 41) in the Glen at Pewaukee Lake Subdivision Plat. The applicant is Cornerstone Development in c/o Joe Orendorf and John Wahlen, and Alen Peters of True Vine Development. This 14-acre neighborhood is zoned R-5 Single-Family Residential with Residential Infill-Redevelopment Overlay District.
Planner Censky explained the applicant requests relief from the rear yard requirement - granting permission to place attached open-air decks as close as 10 feet to the rear lot line on Lots 6 – 10 and Lots 38 – 41of the Glen at Pewaukee Lake subdivision development.
Trustee Roberts stated that the Village Board approved the Code change that allows the Planning Commission to grant such reductions, but were concerned that the lots are smaller to begin with in this District and they don’t want excessive encroachment into the neighboring lots. It was determined that this would not impact any existing homes. Comm. Mantz asked if there had been any correspondence received from the neighboring properties and there has been none received.
Comm. Mantz motioned, seconded by Comm. Hoff to approve the rear yard reductions as presented.
Motion carried unanimously.
d. Discussion Regarding Meeting Etiquette.
President Knutson went over proper etiquette for committees and boards.
7. Citizen Comments – None.
8. Adjournment
Comm. Mantz motioned, seconded by Comm. Belt to adjourn the July 14, 2022, Regular Plan Commission meeting at approximately 7:36 p.m.
Motion carried unanimously.
Respectfully submitted,
Jenna Peter
Deputy Village Clerk/Treasurer