TOWN OF
Meeting of 2-25-08
Present: Girman, Ross, Turzynski, Morris
Absent: Houston, Engelking
Also Present: Leair, Herrmann, Friedlein and Jason Fruth from Waukesha County Parks and
Land Use
Meeting called to order at 7:00 PM by Mrs. Leair.
Adjourned Public
Hearing between the Town of
Representative of
Waukesha County Parks and Land Use, Planning Division, to consider the
Conditional Use Request (CU-1113G), Verizon Wireless, 515 Woodfield Road,
#1400, Schaumburg, IL 60173, to allow the addition of a generator and
associated wiring with the existing leased area for an existing communications
tower on property owned by John Galt, LLC, S40 W28027 Hwy. 59, Waukesha, WI
53189.
This hearing was adjourned from the January 28, 2008 Plan
Commission meeting to this meeting because there were unanswered questions
regarding the location of this generator.
The plan submitted by Verizon showed that this generator was going to be
located in the same area that WI Southern Railroad was approved for adding an
antenna, radio equipment and associated equipment shelter. Also the Plan Commission needs a detailed
scale map from the owner of the Tower,
Mr. Fruth explained that he did get a new Site Plan from WI Southern Railroad showing a revised location of their equipment, 16 ½’ further to the north than shown on the original plan. The CU has not been issued yet for WI Southern Railroad, because all the conditions have not been met.
No new plans were received from Verizon and we did not
receive the detailed scale map from
Opened to the floor for comment:
Cathy Piala, S39
No other comments from the floor. Brought back to the table.
There was no one present to answer any questions on behalf of Verizon, therefore, the Plan Commissioners felt the Hearing should be adjourned to allow Verizon to submit the information we requested. They felt the information was necessary to make a decision on this matter.
Motion by Mr. Ross to adjourn the Joint Public Hearing for Verizon Wireless to the April 28, 2008 Plan Commission meeting at 7:00 PM. Motion seconded by Mr. Girman.
Mr. Herrmann said he would investigate this Cellular tower site to determine whose generator is on the site.
Motion carried unanimously.
Adjourned
Discussion/Action on Conditional Use Request of Verizon Wireless to allow the
addition of a generator and associated wiring.
This action will be adjourned to the April 28, 2008 Plan Commission meeting.
Discussion/Action on
approval of final conditions of approval on the Conditional Use request of
James & Kim Horneck, S23 W33769 Morris Road, Oconomowoc, WI 53066 to allow
a taxidermy studio to operate as a Limited Family Business in an existing
building on property which contains a residence and several outbuildings.
Mr. Herrmann explained that Mr. Horneck will have to come back with his Site Plan and Plan of Operation for approval.
Mr. Herrmann referred to his Memorandum dated February 18,
2008:
Memorandum
To: Town of
From: Jeffrey C. Herrmann, Town
Administrator/Planner
Date: 02/18/08
Re: James & Kim Horneck –
Conditional Use (Limited Family Business)
On January 28, 2008, the Town of Genesee Plan
Commission held a joint public hearing with a staff member of the Waukesha
County Department of Parks and Land Use Staff to consider the Conditional Use
request of James & Kim Horneck (the “Applicant”) to operate a “Taxidermy
Studio” as a limited family business in a newly (partially) constructed
accessory building (such building identified in attached Exhibit A, and
referred to herein as the “building”) on their property described as Lot 1 of
Certified Survey Map No. 3519 being a part of the NW ¼ of Section 7, in the
Town of Genesee (the “property”). After
considerable discussion (after the public hearing) the Town of
After reviewing the
Applicant’s request and the comments made at the public hearing, the Town
Planner and Town Attorney recommend the following conditions for the Town of
Genesee Plan Commission’s recommendation to Waukesha County Department of Parks
and Land Use to approve the proposed
request to operate a taxidermy studio as a limited family business in a
partially completed accessory building:
A. Any use not specifically listed as permitted
shall be considered to be prohibited except as may be otherwise specifically
provided herein. In case of a question
as to the classification of use, the question shall be submitted to the Plan
Commission for determination.
B. No use is hereby authorized unless the use
is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to
authorize any public or private nuisance or to constitute a waiver, exemption
or exception to any law, ordinance, order or rule of either the municipal
governing body, the County of Waukesha, the State of Wisconsin, the United
States of America or other duly constituted authority, except only to the
extent that it authorizes the use of the subject property above described in
any specific respects described herein.
This order shall not be deemed to constitute a building permit, nor
shall this order constitute any other license or permit required by Town
ordinance or other law.
C. This conditional use hereby authorized
shall be confined to the subject property described, without extension or
expansion other than as noted herein, and shall not vary from the purposes
herein mentioned unless expressly authorized in writing by the Plan Commission
as being in compliance with all pertinent ordinances.
D. Should the permitted conditional use be
abandoned in any manner, or discontinued in use for twelve (12) months, or
continued other than in strict conformity with the conditions of the original
approval, or should the Applicant be delinquent in payment of any monies due
and owing to municipality, or should a change in the character of the
surrounding area or the use itself cause it to be no longer compatible with the
surrounding area or for similar cause based upon consideration of public
health, safety or welfare, the conditional use may be terminated by action of
the Plan Commission, pursuant to the enforcement provisions of this Conditional
Use Order.
E. Any change, addition, modification,
alteration and/or amendment of any aspect of this conditional use, including
but not limited to an addition, modification, alteration, and/or amendment to
the use, premises, structures, lands or owners, other than as specifically
authorized herein, shall require a new permit and all procedures in place at
the time must be followed.
F. Unless this conditional use permit
expressly states otherwise, plans that are specifically required by this
conditional use order may be amended upon the prior approval of the Plan
Commission if the Plan Commission finds the plan amendment to be minor and
consistent with the conditional use permit.
Any change in any plan that the Plan Commission feels, in its sole
discretion, to be substantial shall require a new permit, and all procedures in
place at the time must be followed.
G. Should any paragraph or phrase of this
conditional use permit be determined by a Court to be unlawful, illegal or
unconstitutional, said determination as to the particular phrase or paragraph
shall not void the rest of the conditional use and the remainder shall continue
in full force and effect.
H. If any aspect of this conditional use
permit or any aspect of any plan contemplated and approved under this
conditional use is in conflict with any other aspect of the conditional use or
any aspect of any plan of the conditional use, the more restrictive provision
shall be controlling as determined by the Plan Commission.
22. Applicant shall, on demand,
reimburse the Town of Genesee for all costs and expenses of any type that the
Town incurs in connection with this conditional use permit, including the cost
of professional services incurred by the Town of Genesee (including
engineering, legal, planning and other consulting fees) and for the review and
preparation of the conditional use permit or attendance at meetings or related
professional services for this application, as well as for any actions that the
Town of Genesee is required to take to enforce the conditions in this
conditional use permit due to a violation of these Applicant shall, on demand,
reimburse the Town of Genesee for all costs and expenses of any type that the
Town incurs in connection with this conditional use permit, including the cost
of professional services incurred by the Town of Genesee (including
engineering, legal, planning conditions.
All fees due and owing at the time shall be paid prior to the issuance
of the conditional use permit, and such fees coming due following the issuance
of the conditional use permit shall be paid within thirty (30) days of billing.
23. Payment of Charges.
Any unpaid bills owed to the Town by the Subject Property Owner or his
or her tenants, operators or occupants, for reimbursement of professional fees
(as described above); or for personal property taxes; of for real property
taxes; or for licenses, permit fees or any other fees owed to the Town; shall
be placed upon the tax roll for the Subject Property if not paid within thirty
(30) days of the billing by the Town, pursuant to Section 66.0627, Wisconsin
Statutes. Such unpaid bills also
constitute a breach of the requirements of this conditional approval that is
subject to all remedies available to the Town, including possible cause for
termination of the conditional approval.
Mr. Girman questioned condition #5, “The Taxidermy
Studio shall be prohibited from manufacturing or assembling products”. After
discussion the commissioners felt that when Mr. Horneck works on mounts, this
could be considered assembling.
Therefore, they decided to eliminate the “or assembling” from
condition #5.
Mr. Herrmann said State approved plans will be forth
coming, then Mr. Horneck will have to start all over with getting permits. The permit fees will be doubled, for permits
issued by the Town. To avoid this
situation from happening again, we should also ask the County to consider a
penalty to Mr. Horneck under their ordinance.
Motion by Mr. Ross to recommend to the County
approval of the conditions of approval on the request of James & Kim
Horneck to allow a taxidermy studio to operate as a Limited Family Business
subject to our Town Planners Memorandum dated February 18, 2008, as modified
tonight, eliminating the words “or assembling” in condition number
5. Also the Planner should send a letter
to the County asking them to consider some fine under their ordinance. Motion seconded by Mr. Morris. Motion carried unanaimously.
Discussion/Action-Request
for Hobby Kennel Permit, Michael & Michelle Krebsbach, S51
Mr. & Mrs. Krebsbach were present. They explained that the dogs that they have
are English Bull Dogs. They will breed
the dogs and they were informed of the Standard Hobby Kennel condition that
they are allowed no more than two litters of puppies being born per year and
such dogs being sold or otherwise removed from the property within six month of
their birth. They didn’t have a problem
with that. They have 2 kennels, one attached to the garage and the other one is
by the barn.
Opened to the floor for comment. There were no comments from the floor, so
brought back to the table.
No further comments.
Motion by Mr. Ross to approve the Hobby Kennel
request of Michael and Michelle Krebsbach for any three (3) dogs, subject to
the Standard Hobby Kennel Conditions.
Motion seconded by Mr. Morris.
Motion carried unanimously.
Discussion/Action-Request
for Special Events –
Mr. Herrmann explained that
Saturday,
April 5, 2008 - National Sporting Clays Association
registered shoot.
Saturday,
April 12, 2008 – Open Shooting
Friday,
Sunday, June 8-10, 2008-The Miller Lite Sporting Clays Championship
Saturday, July 26,2008 –
The Great Cancer Shootout
Motion by Mr. Morris to approve the request of
Discussion/Action-Amend
Site Plan and Plan of Operation to allow covered outside store and one (1) Open
House Event per year, normally in spring-Genesee Mechanical Service, William
Wachendorf S49
Mr. Wachendorf was not present.
Mr. Herrmann referred to his Report and
Recommendation dated February 18, 2008:
.
TOWN
OF
PLANNER’S
REPORT & RECOMMENDATION
SITE
PLAN/PLAN OF OPERATION
PROJECT
NAME:
DATE: February
18, 2008
TAX
KEY NUMBER: GNT
1546.993
OWNER/APPLICANT: William & Neenah Wachendorf
d/b/a
S49
LOCATION OF PROPERTY:
A part of the SE ¼ of the NW ¼ of
Section 27, T6N, R18E, Town of Genesee.
The property is located on the northeast corner of S.T.H. 83 and
PRESENT
ZONING:
B-3 General Business District.
PRESENT
LAND USE:
Sales, Repair and Service of Outdoor
Power Equipment.
PLANNER’S ANALYSIS:
The property is approximately 24,845 square feet in size and contains a 90.2 ft. x 40 ft. one (1) story, L-shaped building, a 30 ft. x 37 ft. residential building and a 20.4 ft. x 20.3 ft. accessory building.
The Applicant is attempting to legalize a 40.2 ft. x 24 ft. roofed structure constructed over an existing storage area. The roofed structure was not permitted and the actual construction of the roof structure may not comply with all location requirements of the ordinance. In addition to the roof structure, the Applicant is proposing to have one (1) open house event per calendar year, usually in the spring.
No other changes in the use of the property, the existing landscaping or lighting is proposed. A private on-site waste disposal system and private well serve the property.
TOWN PLANNER RECOMMENDATION:
Based on the above information, the Town Planner recommends the Town Plan Commission approve the proposed request subject to the following conditions:
7. Subject to the property being in compliance with all Federal, State, County and local laws, ordinances, codes, rules and regulations.
8.
An up-to- date
Plan of Operation must be on file, at all times, with the Town of
9.
Subject to the
applicant allowing the premises to be available for inspection by the Town of
10. Subject to all activities on the subject property herein may not in anyway become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor.
11. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area. The Town Plan Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area.
expenses of any type that the Town incurs in connection with this Plan of Operation,
including the cost of professional services incurred by the Town (including engineering,
legal, planning and other consulting fees) for the review and preparation of required
documents or attendance at meetings or other related professional services for this
application, as well as to enforce the conditions in this conditional approval due to a violation
of these conditions.
13. Payment of Charges. Any unpaid bills owed to the Town by the subject Property Owner or
his or her tenants, operators or occupants, for reimbursement of professional fees (as
described above); or for personal property taxes; or for real property taxes; or for licenses,
permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the
subject property if not paid within thirty (30) days of the billing by the Town, pursuant to
Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the
requirements of this conditional approval that is subject to all remedies available to the
Town, including possible cause for termination of the conditional approval.
Respectfully Submitted,
Jeffrey C. Herrmann, AICP
Town Administrator/Planner
Mr. Wachendorf added a 40.2’ x 24’ storage area and has now roofed the structure and needs Plan Commission approval. The ordinance setback requirement is 50’. If it didn’t meet the 50’ minimum setback, the building would have to be torn down. The roofed structure is setback 50.2’, so it complies with the ordinance.
Motion by Mr. Girman to approve the amendment to the Site Plan and Plan of Operation for William & Neenah Wachendorf, d/b/a Genesee Mechanical Services, to allow a 40.2’ x 24’ roofed structure for storage and also one (1) open house per calendar year subject to the conditions of our Town Planner in his Report and Recommendation dated February 18, 2008. Motion seconded by Mr. Ross. Motion carried unanimously.
Discussion/Action-Amend Site Plan and Plan
of Operation-Sunset Portable Restrooms, now
Arnold
Environmental Services leases property owned by Robert & Caryl
Parchem. Building D is occupied by both
Interstate Tree and Arnold Environmental.
Building E is 60’ x 176’ and
The Parchem’s, R. C. Properties, will be on the March 24, 2008 Plan Commission Agenda to amend their Site Plan and Plan of Operation.
PLANNER’S REPORT & RECOMMENDATION
TAX KEY NO.: GNT 1526.998.001
3031 Highway 33
W304
ZONING CLASSIFICATION: M-1 Limited Industrial District
PRESENT LAND USE: Interstate Tree Landscaping Company and
PROPOSED REQUEST:
The property is located on the south side of the Wisconsin
& Southern railroad tracks and west of
The business employs up to seven (7) full-time and part-time employees. The days and hours of operation are Monday through Saturday from 7:00 a.m. to 5:00 p.m. Parking is located at various on the site. The business requires a minimum of seven (7) parking spaces. The site
contains over 40 parking spaces, therefore the site has adequate parking for the intended uses. No signage is proposed for the site and no other changes are being proposed.
TOWN PLANNER RECOMMENDATION:
Based on the above information, the Town Planner recommends the Town Plan Commission approve the proposed request for a portable restroom storage and distribution center subject to the conditions the following conditions:
1. Documentation shall be submitted to the Town Planner that Waukesha
County Department of Parks and Land Use has approved the Site Plan and Plan of
Operation. Any and all conditions
established by
2. Subject to the Waukesha County Department of Parks and Land Use, Environmental Health Division reviewing and approving the existing septic system and well for the proposed use and
the Applicant providing proof of the same to the Town Clerk, prior to the issuance of a
Plan of Operation/Use Permit.
4. All outside storage of equipment or materials be contained in the area adjacent to the eastern portion of Building E and shall be consistent with the application packet (site plan) dated received by Parks and Land Use October 22, 2007.
5. All waste from the portable restrooms shall be disposed of properly in accordance with all applicable laws and regulations. No waste shall be disposed of on the subject property.
Respectfully submitted,
Jeffrey C. Herrmann, AICP
Town Administrator/Planner
Motion by Mr. Morris to approve the Amendment to the Site Plan and Plan of Operation for Arnold Environmental Services (formerly Sunset Portable Restrooms) subject to our Town Planner’s Report and Recommendation dated February 18, 2008. Motion seconded by Mr. Ross. Motion carried unanimously.
Discussion/Action-Request
for extension of CSM submittal to combine three (3) lots-Catherine’s Corner
Shops – Hwy. 83.
On July 23, 2007,
the Town of
Motion by Mr.
Ross to approve the request of Catherine’s Corner Shops for an extension to
June 1, 2008 to submit their CSM combining the three (3) lots, subject to no
businesses being operated in this location until the CSM has been submitted,
reviewed and approved by the Town of
Status Reports:
A. Neighborhood Services – Bruce
Fleischmann-One Year CU review.
Mr. Fleischman was present and reported that everything is the same. He said he has been doing less and less. A friend of his passed away and he has been helping out with that business. If there are any changes in his operation, he will notify the Town.
Motion by Mr. Girman to place the report in the file. Motion seconded by Mr. Ross. Motion carried unanimously.
B. Huolihan/Gardipee – One Year CU review –
In-law unit.
Gerald and Linda Gardipee sent a letter stating that they are living there as well as their son Christopher and Mr. Gardipee’s mother, Myrtle Huolihan.
Motion by Mr. Ross to place the letter on file. Motion seconded by Mr. Turzynski. Motion carried unanimously.
Review of Pending – Everyone copied
Approval of Minutes from the Regular Plan
Commission meeting of January 28, 2008.
Motion by Mr. Girman to approve the minutes from the January 28,2008 Plan Commission meeting. Motion seconded by Mr. Ross. On abstention, Mr. Turzynski. Motion carried.
Correspondence :
Smart Growth, Land Use Plan meeting will be March 12, 2008 at 6:30 PM. Mr. Herrmann will prepare the paperwork and it will be e-mailed to the Plan Commissioners.
Motion by Mr. Ross to adjourn. Motion seconded by Mr. Girman. Motion carried unanimously.
Meeting adjourned at 7:50 PM.
Respectfully submitted,
Elizabeth Friedlein
Deputy Clerk/Designated Representative