August 14, 2025

08/14/2025 Plan Commission Meeting

Public Hearing and Conditional Use Grant for Drita's Deli, LLC located at 115 Main St and Jill Felch at 360 Evergreen Lane; Denial of Chicken Keeping Permit Appeal at 434 Park Avenue; Consultation for Pewaukee Self Storage LLC located at 227 Sussex Street; and Review and Discussion regarding the Conditional Use Grant review process post 2017 Wisconsin Act 67.

Plan Commission Meeting
August 14, 2025 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

https://www.youtube.com/watch?v=4EIxaznrz58 

1. Call to Order and Roll Call, Pledge of Allegiance, & Moment of Silence
Trustee Rohde called the meeting to order at approximately 6:01 p.m.

Plan Commission members present: Comm. Mark Grabowski; Comm. Katie Jelacic; Comm. Brian Belt; Comm. Sam Liebert; and Trustee Bob Rohde.

Excused: Comm. Theresa Hoff; and President Jeff Knutson.

Also present: Village Attorney, Matt Gralinski; Village Planner, Ben Kohout; Village Administrator, Matt Heiser; and Deputy Clerk, Mackenzie Quigley.

2. Public Hearings –

a.       Conditional Use Grant request of applicant Llazar Konda d/b/a Drita’s Deli, LLC, to develop a restaurant. A restaurant use is only permissible through the issuance of a Conditional Use Grant (Section 40.265(2)). This request is located at 115 Main Street PWV 0899958, is zoned B-2 Downtown Business District. Property owner is Tollefsen Enterprises, LLC and Applicant is Llazar Konda d/b/a Drita’s Deli, LLC – After receipt of any comments, the public hearing will be adjourned for a continued hearing at the September 11, 2025 Plan Commission Meeting.

– No comments.

b.       Conditional Use Grant request of applicant Jill Felch, to construct a 574 sq. ft. attached garage. The accessory structure is proposed at 29.82 feet from the Burrough’s Drive setback which is permissible only through the issuance of a Conditional Use Grant on a legal non- conforming lot (Section 40.210(4)a). This 0.29-acre parcel, located at 360 Evergreen Lane / PWV 0893053, is zoned R-5 Residential Detached District. Property Owner/Applicant is Jill Felch.

Jill Felch (applicant) @ 360 Evergreen Lane, Pewaukee – Presented her findings.

3. Citizen Comments –

Christa Fons (speaking on behalf of the applicants) @ 434 Park Avenue, Pewaukee – Gave an overview of the applicants request and stated that if the chickens were to become bothersome with neighbors or the Village, they would rehome.

4. Approval of the Minutes

a.       Special Plan Commission Meeting – July 1, 2025.

Comm. Grabowski motioned/seconded by Comm. Belt to approve the July 1, 2025, Special Plan Commission Meeting minutes as presented.

Motion carried 5-0.

5. Old Business

a.       None

6. New Business

a.       Review, discussion, and possible action on Conditional Use Grant request of applicant Jill Felch, to construct a 574 sq. ft. attached garage. The accessory structure is proposed at 29.82 feet from the Burrough’s Drive setback which is permissible only through the issuance of a Conditional Use Grant on a legal non-conforming lot (Section 40.210(4)a). This 0.29-acre parcel, located at 360 Evergreen Lane / PWV 0893053, is zoned R-5 Residential Detached District. Property Owner/Applicant is Jill Felch.

Kohout gave a brief overview.

Belt asked for confirmation on the difference in the rear setback.

Kohout stated that the current existing deck is 37.5 ft from the road, the proposed garage would be 29.28 ft. The difference is roughly 8 ft.

Village Planner Recommendations:

The Village of Pewaukee Plan Commission Approves the Conditional Use Grant Request Jill Felch for the property located at 360 Evergreen Lane, subject to the following conditions:

    1. That all conditions made by the Plan Commission at their meeting of August 14, 2025 are met.
    2. That this conditional use allows a new attached garage on the above referenced property to be as close as 29.28’ feet from the South property line.
    3. This approval is subject to the Petitioner complying at all times with the plans and documents presented to the Village of Pewaukee Plan Commission. 
    4. The Petitioner shall satisfy all comments, conditions, and concerns of the Village of Pewaukee Plan Commission, Village Engineer and Village Planner for the site plan, and other documentation.
    5. Building Inspection. The Petitioner and/or Property Owner shall comply with any and all recommendations by the Village Building Inspector (or designee) prior to the issuance of an occupancy & use permit for the subject property.  Approval by the Village Building Inspector, if granted, shall be solely for the benefit of the Village of Pewaukee, and shall not be relied upon by the petitioner or others as proof of structural integrity or safety of any structure on the property, or as proof of compliance with any particular construction standard that would apply to new construction. The petitioner shall independently determine the suitability of all structures on the property for the petitioner’s intended uses.
    6. This approval is granted for the express conditions stated herein. Changes or alterations including, but not limited to, a change in use, premises, lands, or ownership of the property in question shall require a new conditional use approval with all the zoning procedures at the time being followed. The allowed uses of the property must at no time be hazardous, harmful, obnoxious, offensive, or a nuisance by reasons of appearance, noise, dust, smoke, odor, or other similar factors. Any use not specifically listed, as permitted, shall be considered to be prohibited, except as may be otherwise specified herein.
    7. The Property Owner shall allow Village of Pewaukee representatives to inspect the premises following a 24-hour notice for the purposes of determining compliance with this approval. 
    8. The Petitioner and/or Property Owner shall obtain the appropriate permits from the Village of Pewaukee.
    9. The Petitioner and/or Property Owner shall, on demand, reimburse the Village of Pewaukee for all costs and expenses of any type incurred by the Village  in connection with the review and approval of this application, including, but not limited to, the cost of professional services incurred by the Village for the review and preparation of required documents, attendance at meetings or other related professional services as well as to enforce the conditions in this approval due to a violation of these conditions.

Comm. Liebert motioned/seconded by Comm. Grabowski to approve the Conditional Use Grant request for the property located at 360 Evergreen Lane subject to Planner and staff recommendations.

Motion Carried 5-0.

b.       Review, discussion, and possible action on the appeal of the denial for a Chicken Keeping Permit located at 434 Park Avenue. This 0.155-acre parcel, located at 434 Park Avenue / PWV 0896106, is zoned R-5 Residential Detached District. The property Owner/Applicant is Kory Fons.

Heiser gave a brief overview.

Discussion was held by the commission as to the positions of the adjacent neighbors, the substandard lot, and the letter of support received. Further discussion was held as to the precedent set by granting an appear for similar situations where offset, setback, and other requirements are met, but minimum lot size is not.

Comm. Belt motioned/seconded by Comm. Liebert to approve the chicken keeping permit for 434 Park Avenue based on the information provided by the applicant, staff and that the property owner meets all criteria minus acreage.  

Motion Carried 5-0.

c.       Review, discussion, and consultative feedback to applicant Pewaukee Self Storage LLC regarding a concept to amend the previously approved PUD for climate-controlled storage at 227 Sussex Street PWV 0898999001. The proposed development would be part of this 16.194- acre, B-5 Light Industrial District with a Planned Unit Development Overlay, owned by Pewaukee Self Storage LLC.

Kohout gave a brief overview.

For clarification – the second portion of this has already been approved for cold storage.
Original approval was for 8 buildings in two phases (approved in 2022).

Discussion was held between the Commission and the applicants.

The Commission as a whole came to the conclusion that they are all in favor of the indoor/climate controlled storage but are against the outdoor storage.

d.       Review and discussion regarding the Conditional Use Grant (CUG) review process post 2017 Wisconsin Act 67.

Gralinski reminded the Commission that they need to be aware of the requirements by the state when it comes to Conditional Use Grants, as there is limited action that can be taken by the Commission. For a CUG to be denied, or conditions to be attached, there needs to be substantial evidence.

7. Citizen Comments –

Jeff Bublitz @ 423 Hickory Street, Pewaukee – shared his concerns about Pro2Pave at 462 Hickory Street, Pewaukee.  

8. Adjournment

Comm. Grabowski motioned/seconded by Comm. Liebert to adjourn the August 14, 2025, Regular Plan Commission meeting at approximately 6:53 p.m.

Motion carried 5-0.

Respectfully submitted,

Mackenzie Quigley
Deputy Clerk

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