Plan Commission Meetings and Agendas

Plan Commission Meeting
May 9, 2024 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

https://www.youtube.com/live/6oTVVo3xgpg?si=kGZ8fAABdCnsxJ30 

1. Call to Order and Roll Call, Pledge of Allegiance, & Moment of Silence
President Knutson called the meeting to order at approximately 6:00 p.m.

Plan Commission members present: Comm. Mark Grabowski; Comm. Theresa Hoff; Comm. Sam Liebert; Comm. Brian Belt; Comm. Katie Jelacic; and President Jeff Knutson.

Also present: Village Attorney, Mark Blum; Village Planner, Mary Censky, Village Administrator, Scott Gosse; and Village Clerk, Casandra Smith.

2. Public Hearings – None.

3. Citizen Comments – None.

4.  Approval of the Minutes

a.  Regular Plan Commission Meeting – April 11, 2024.
Comm. Grabowski motioned/seconded by Comm. Hoff to approve the April 11, 2024, Regular Plan Commission Meeting minutes.
Motion carried 6-0.

5. Old Business

a. Review, discussion, and possible action/recommendation to Village Board to impose certain new design specifications/regulations pertaining to freestanding ground signs in the B-2 Downtown Business District. This matter is Village initiated.
Planner Censky stated that the Plan Commission discussed draft sign changes at the last meeting. Censky reviewed the proposed updates regarding freestanding sides and locations and illumination. Discussion continued regarding the current code and internally lit signs, especially downtown.
Comm. Grabowski motioned/seconded by Comm. Hoff to recommend to Village Board to impose certain new design specifications/regulations pertaining to freestanding ground signs in the B-2 Downtown Business District as presented in the Planning report, including switching the positions of paragraphs C and (i) with one-another.
Motion carried 6-0.

6. New Business

a. Review, discussion, and consultative feedback to applicant/property owner Glen at Pewaukee Lake LLC in c/o John Wahlen and Joe Orendorf, to build a home on Outlot 2 of the Glen at Pewaukee Lake subdivision. This 5,651 sq. ft. (~.13-acres) Outlot is zoned R-5 Single-Family Residential District with Residential Infill-Redevelopment (RIR) Overlay District.
Planner Censky explained that the property in question is an outlot that is not able to meet the standards in the current Residential Overlay District. The Applicant would like the Plan Commission to consider allowing for an exception so this lot can be developed into a buildable parcel. First, the Village must be agreeable to amend the zoning code to allow the ~5,600sq.ft lot with some unique characteristics to allow it to happen. Per the State of Wisconsin, no lot can be less than 6000 sq.ft unless the municipality specifically permits/approves it. The average lot size of the development may need to be assessed to ensure the subdivision is still consistent with the current code in average lot size. The Commission discussed the precedent this would be setting. Joe Orendorf with Cornerstone questioned the right-of-way in front of the property along Quinlan and stated that the lot in question would be consistent with the surrounding neighborhood especially if the property marked for the right-of-way could be dedicated back to that property. The direction of the Commission was to have staff research the ability and code amendments especially if the lot could get closer to 6,000sq.ft.

b. Review, discussion, and possible action on proposed building and site plan modifications at 115 W. Wisconsin Avenue. This .17-acre, B-2 Downtown Business zoned property is owned by Joseph Grasch Development LLC.
Planner Censky explained that at a previous meeting the Plan Commission approved the Daily Dose plan but the applicant was to come back with dumpster location & screening, handicap access-way placement & design, and details regarding any exterior changes. Dumpster placement is currently proposed between the current address and the north property but that would not be able to be approved, as the Plan Commission cannot approve the dumpster/screening location to be over property lines. Exterior building Acceptable primary materials. Primary materials shall be used for at least 70 percent of the solid (non-window) portion of any elevation. Railings are shown in the Village right-of-way and need to get Village Board approval and owner may be required to sign a hold harmless agreement. Once the new CSM is approved it will combine the neighboring property which dissolves lot line. A CUG will be needed to allow for ’mixing of multiple principal uses’ on the one property. The second-floor deck on the north elevation is proposed to extend out further than the lot line which cannot be approved. Planner Censky reviewed the recommendations/conditions.

Owner of the building, Joe Grasch stated the building is over 150 years old and doesn’t have square, straight walls, therefore he would like to be able to keep vinyl siding. The front cement porch and railings are strategically placed due to the existing joints, and he is agreeable to signing a hold harmless agreement to the limited extent the railing will be in the Village right-of-way. Discussion continued regarding the deck on the north side and parking for residents.
Comm. Grabowski motioned/seconded by Comm. Belt to approve the site plan modifications at 115 W. Wisconsin Avenue as presented with the following recommendations:
1)  The proposed new raised concrete and related railings at the front/street side of the project shall be pulled back into the private property unless that Village Board shall first approve a permissive use and hold harmless agreement with the property owner to allow such permanent improvements to be located in the Village right-of- way.
2)  The dumpster enclosure structure may not be constructed until such time as the applicant has secured final approval and recorded a certified survey map (see attached draft CSM submitted by the applicant for consideration at the June 13th Planning Commission meeting) combining this parcel with his adjacent parcel at 119 W. Wisconsin Avenue such that the violation as to offset/placing a structure upon the lot line violation is resolved. Note that the proposed/draft CSM, will trigger review and approval through Conditional Use Grant (CUG) because combining these two lots results in “a mixing of multiple principal uses (from among those uses identified in sections 40.263 and 40.265) and/or multiple principal buildings upon a single lot” which requires CUG approval by the Planning Commission upon their finding that the site can adequately accommodate the multiple uses and/or buildings with respect to such matters as the dimensional standards of the B-2 zoning district, site access and parking, and further provided such mixing of uses and/or buildings 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. NOTE – that the dumpster and enclosure being finished and available at this site was attached as a condition of occupancy in the CUG approval given to the Daily Dose Café.
3)  Colors of the proposed new building materials at the front/street side of the building shall be consistent with the color image presented by the applicant in his support materials with this request.
4)  Placement of any signs at this site shall be subject to full compliance with the terms of Chapter 70 of the Village Code – “Signs”, despite any notes to the contrary as may be depicted on the site or building plans.
5)  The proposed new deck with railing depicted on the second floor of the north building elevation is not permitted until these two lots are eventually approved to be combined by the Village Board. As proposed under the current lot line configuration, this deck would extend over the north lot line. This proposed deck must also meet any building/fire codes with respect to building separation distances. If the owner is eventually approved in combining the two lots, the proposed deck and railing may be allowed.
6)  The plans appear to depict a southside building addition that would not just extend closer to the south lot line  than the existing building sits back from that lot line, but it would extend over the lot line. This proposed addition is not permitted.
7)   Detailed plans, including a drawing of the proposed materials, colors, height, and door system for the dumpster enclosure shall be subject to review and approval by the Village staff prior to issuance of a building permit for same.
8)   To the extent the existing doorway overhang/eave is to be reconstructed at the southeast corner of the building,  it must be brought back to extending no further out/south than the limits of this property. Express written  approval and offsetting easement from the neighboring land owner may be an optional solution in order to  compensate for any such overhang.
9)   Applicant to provide building materials samples, in the proposed selection of colors, for review and approval by Village Staff the Planning Commission, prior to issuance of any building permits.
10)  Applicant to provide a greenspace calculation for the site pre and post site modifications. The Code required minimum in the B-2 District is 5%. Per existing conditions may be also be allowed but a reduction would require a variance or approval within the context of a CUG.
11) The Planning Commission is willing to permit use of vinyl siding on the building because of its age which results in walls that are not square and straight so a more flexible product is beneficial.
12)  Planning Commission determination, pursuant to Section 40.275(7) of the Code, whether existing overhead  utility, communications and similar transmission/communication lines, wires, facilities and any related support  appurtenances, and any new utility, communications and similar transmission/communication lines, wires and  facilities shall be buried underground at this site as a condition of the proposed building and site modifications.  Current assessed value of improvements on this site is $181,700.00.
Motion carried 6-0.

c. Review, discussion, and possible action on the proposed ‘development-wide swimming pool permissions and restrictions plan’ for the new 36-lot Riverside Preserve subdivision, an R-5 Single-Family Residential with Residential Infill-Redevelopment Overlay zoned neighborhood located at the southwest corner of Ridgeway Drive and Riverside Drive. The applicant/property owner is MK/SS LLC in c/o Mike and Jordan Kaerek.
Planner Censky explained that the Residential Overlay District has a provision regarding neighborhood fencing and swimming pools due to the small lot size and the offsets that can be at 0 ft. The Plan Commission discussed the offsets and that open-type fencing be required.
Comm. Belt motioned/seconded by Comm. Liebert to approve the proposed ‘development-wide swimming pool permissions and restrictions plan’ for the new 36-lot Riverside Preserve subdivision, an R-5 Single-Family Residential with Residential Infill as drafted in the Planning report:
Section 4.21 “Swimming Pools: In-ground swimming pools are allowed, but must comply with all Village of Pewaukee code requirements including electrical/wiring and be approved by the ACC prior to installation. Above ground swimming pools are not permitted unless they are portable/inflatable wading pools not to exceed 30" in depth and placed no more than 10' from the home on a concrete slab in the backyard in such a way as to not disturb the quality of life or quiet enjoyment of the adjacent homes. In addition, any such Portable/Inflatable pools should be up for not more than 2 consecutive weeks at a time between Memorial Day and Labor Day; and may only be in place or in use in between said dates.”  No swimming pool or related equipment or utilities may be placed in  the front/street yard of any lot. No swimming pool or related equipment or utilities, may be placed closer  than 15 feet to any side or rear lot line nor closer than 5 feet to any easement. Any fencing required to be  installed in association with a swimming pool shall comply with the fencing regulations as setforth in Section  4.C of these Restrictions and Covenants.
Motion carried 6-0.

7. Citizen Comments – None.

8. Adjournment -
Comm. Liebert motioned/seconded by Comm. Grabowski to adjourn the May 9, 2024, Regular Plan Commission meeting at approximately 7:26 pm.
Motion carried 7-0.

Respectfully submitted,

Casandra Smith
Village Clerk