BROWN DEER PLANNING COMMISSION

JULY 8, 2002 MEETING MINUTES

HELD AT THE BROWN DEER VILLAGE HALL

4800 WEST GREEN BROOK DRIVE

The meeting was called to order by Village President Jaberg at 7:30 P.M.

I. ROLL CALL

Present: Village President Jaberg, Trustee Nealy, Trustee Schilz, Commissioners: Frances Jordan, Jim McGuigan, Gunnar Prawitz, John Raffensperger

Also Present: Russell Van Gompel, Village Manager; Mary Kay Buratto, Community Development Director, William P. Dineen, Village Attorney

Excused: Commissioners Susan Bellehumeur and Alan Nees

II. PERSONS DESIRING TO BE HEARD

None.

III. CONSIDERATION OF MINUTES: June 10, 2002, Regular Meeting

It was moved by Commissioner Raffensperger and seconded by Commissioner Jordan to approve the regular meeting minutes of June 10, 2002. The motion carried, with Trustee Nealy abstaining.

REPORT OF STAFF/COMMISSION MEMBERS

None.

V. BUSINESS ITEMS

A) Petition of William and Patricia Tannhaeuser to the Village to Purchase Outlot 1, Brown Deer Estates, for Right-of-Way

This item was sent back to the Plan Commission to afford Attorney Thomas Dolan and the Tannhaeuser’s the opportunity to be at the meeting to explain their request. The Tannhaeuser’s wish to subdivide their existing lot but do not have access to the sewer and water in Donges Lane to serve the new lot. Attorney Dolan opined that the Tannhaeuser’s are prohibited from creating a saleable lot from their existing property because the Village allowed the developer of Brown Deer Estates to create an outlot that lies between the property the Tannhaeuser’s want to divide and West Donges Lane. Attorney Dolan and the Tannhaeuser’s asked the Village to either condemn the outlot using eminent domain, or to purchase the outlot and make it right-of-way so the Tannhaeuser’s can create a saleable lot and increase the tax base.

Commissioner Raffensperger asked the Tannhaeuser’s what they would have done if the Brown Deer Estates Subdivision had not created the extension of Donges Lane that is needed to serve a land division. Commissioner Raffensperger also asked the Tannhaeuser’s how much it would have cost to extend Donges Lane so that they could divide their property. Village President Jaberg and Commissioner Raffensperger suggested that the Tannhaeuser's move the east lot line of the proposed land division to gain access to West Donges Lane and possibly to the sewer and water main. Attorney Dolan asked if the Plan Commission would accept the land division if his client redrew the parcel line. Attorney Dineen stated that if the land division met the ordinance requirements, the Plan Commission would consider it. Mary Kay asked that the Tannhaeuser's determine if redrawing the parcel line makes it feasible to connect to the sewer and water mains in Donges Lane.

Commissioners agreed that the Tannhaeuser’s should consider redrawing the parcel line and then submit a request for land division approval.

No Action Taken.

B) Review and Recommend Conditional Use Permit Approval for a Car Wash at the Badger Fuel Gas Station, 4685 West Bradley Road; Wally Koceja, Owner and Bob Goehner, Mason Building Systems

Mr. Bob Goehner, from Mason Building Systems and the agent for owner Walter Koceja, reviewed the site plan developed after concept approval was given in June of 2002. All of the Plan Commissions comments and concerns are addressed in the final site plan. The suggestions from review by other Village departments have been incorporated as well. The concern about noise from the dryer blowers disturbing adjacent residential property was addressed in the relocation of the car wash building, the direction the blowers face and the timing of the blower shut-off with the opening of the east door to allow access to another auto were addressed to the satisfaction of the Commission.

The North Shore Fire Department issued a variance to the sprinklering requirements contingent upon the dumpster to be located within the enclosure is non-combustible with a non-combustible lid that will be kept closed at all times, and that there is no storage of combustible material within the enclosure between the existing building and the car wash. The lighting plan and photometric plan indicate that there will be no light spillage onto adjacent properties.

Commissioners asked if the hours of operation for the car wash were the same as those for the other two car washes in the Village. Mary Kay found in her research that the other two sites had similar hours of operation. Commissioner Raffensperger complimented Mason Building Systems and Bob Goehner for the quality of the site planning.

It was moved by Commissioner McGuigan and seconded by Commissioner Jordan to recommend approval of the conditional use permit for a car wash to Badger Fuel Company. Motion carried unanimously.

C) Review and recommend an amendment to the Conditional Use Permit to allow changes to the Antennae on the Brown Deer Water Tower, requested by US Cellular; Ron Zechel of INT Access, Consultant.

Mary Kay informed the Commission that US Cellular is requesting to add the remaining six antennae on the water tower mounting frame that were approved with the conditional use permit issued last year. The size of the antennae has changed from 4 feet high to 8 feet high. The applicant will also add three more cabinets to the approved concrete pad within their easement area. The Village was informed last year when the original installation was improved that the additional leased space in their enclosure would accommodate up to three more boxes in time. The amendment is needed for the antennae only.

It was moved by Commissioner Raffensperger and seconded by Trustee Nealy to recommend approval of the amendment to the conditional use permit for US Cellular.

Attorney Dineen interjected that based on his review of the existing conditional use permit and lease agreement, the submittal did not appear to include six additional antennae or three additional cabinets. Based on the language in the existing conditional use permit drafted by Mary Kay last year, he could find no mention of the additional boxes. Mary Kay pointed out that the site plan approved with the original conditional use permit showed the potential layout of additional cabinets and the space set aside for the six additional antennae.

Village Manager Russell Van Gompel stated that the amendment, like the original permit, should be done in resolution form to avoid confusion. Mary Kay agreed to redraft the Conditional Use Permit.

After much discussion about the item, the initial motion to approve was withdrawn by the Commissioner who made the motion and the second. By consensus, Commissioners agreed to hold the item over to give US Cellular the opportunity to resubmit their proposal clarifying the equipment being proposed and its correct location along with a copy of the original approved site plan for comparison.

D) Consultation Requested by Mr. Peter Wittenberg to Discuss Expanding his Business to the Diderrich Property on North Deerwood Drive in the Original Village

Mr. Wittenberg presented Commissioners with a hand-drawn sketch of the buildings he proposed to construct on the adjacent Diderrich property for expansion of his rapidly growing business. Commissioner McGuigan stated that he was in favor of the use because the original site has a residential feel. Trustee Schilz suggested that Mr. Wittenberg move forward to prepare a concept plan of the site and the proposed development and bring it back to Commission when it was ready for review.

No Action Taken

VI. PLAN COMMISSION MATTERS

A) Presentation of the Southeastern Wisconsin Regional Freeway Reconstruction Study by Representatives of the Southeastern Wisconsin Regional Plan Commission

Mr. Patrick Pittenger and Mr. Bob Bieglinger from the Southeastern Wisconsin Regional Plan Commission (SEWRPC) presented the preliminary findings of the Southeastern Wisconsin Regional Freeway Reconstruction Study. Commissioners received copies of the Power Point presentation for future reference. The presentation provided information on the study and its findings and provided Commissioners an opportunity to ask questions. The item of greatest interest is the question about where a much-touted east-west by-pass would be located: in Brown Deer on Brown Deer Road, or in another community in Southeastern Wisconsin.

Mr. Pittenger stated that the study group looked at whether an east-west by-pass would relieve the congestion on I-94, I-894 and I-43. They looked at Good Hope Road, Brown Deer Road and Pioneer Road as potential locations, but the study found that an east-west by-pass, no matter where located, will have any effect on traffic conditions on the interstate system. The need for additional lanes on the existing system did not change.

Commissioners were told that all materials pertaining to the study were available on the SEWRPC website, www.sewrpc.org.

VII. ADJOURNMENT

It was moved by Commissioner Raffensperger and seconded by Trustee Nealy to adjourn at 10:01 P.M. The motion carried unanimously.

 

 

Mary Kay Buratto

Director of Community Development