BROWN DEER PLANNING COMMISSION

JULY 14, 2003 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 Margaret Jaberg, Trustee Tim Schilz, Trustee Yvonne Nealy, Alan Nees, John Raffensperger, Gunnar Prawitz, Jim McGuigan

 

Excused:           Susan Bellehumeur, Frances Ashley-Jordan,

 

Also Present:      Russell Van Gompel, Village Manager; Andy Pederson, Assistant Village Manager/Community Services Director; Jesse Thyes, Planning/Zoning Specialist; Larry Neitzel, Public Works Superintendent

 

II.        PERSONS DESIRING TO BE HEARD

           

None.

 

III.       CONSIDERATION OF MINUTES:        May 12, 2003 - Regular Meeting

 

It was moved by Mr. Raffensperger and seconded by Trustee Nealy to approve the regular meeting minutes of May 12, 2003.  The motion carried unanimously, with Jim McGuigan and Gunnar Prawitz abstaining.

 

IV.              REPORT OF STAFF/COMMISSION MEMBERS

 

Mr. Pederson stated that staff was working to formulate goals and an organizational structure for the newly created Community Services Department and is excited to be part of the Village of Brown Deer organization.  Mr. Thyes also expressed enthusiasm to be part of the Village of Brown Deer organization and discussed his priorities for the position.

 

Mr. Van Gompel reported that Mr. Walter Koceja has expressed a desire to revise the recently approved Conditional Use Permits regarding his property on Bradley Road.  Mr. Van Gompel also noted that with being fully staffed, the Village would be more proactive in Code Enforcement issues.  Mr. Van Gompel provided the Commission with updates regarding the recent acquisition of Rainbow Foods by Festival Foods and the forthcoming closure of the Kohl’s Food Store on Bradley Road.

 

Mr. McGuigan inquired whether the Village Code could be placed on the Village web site in a PDF format.  Mr. Van Gompel and Mr. Pederson explained to the Commission that the Village Code is currently in the process of being reconciled and recodified with the intent of being placed on the web site once completed.  Mr. Pederson indicated that this is a high priority and staff is currently working on this project and that staff would be meeting with representatives on Thursday to discuss a process for recodification.

 

The Commission discussed the possibility of establishing an ordinance requiring properties to be demolished after they have been vacant for a period of one year.  Mr. Van Gompel stated that staff would examine the issue but raised concern about the constitutionality of such an ordinance.

 

V.         UNFINISHED BUSINESS

 

None.

 

 

VI.       NEW BUSINESS

 

A)                 Recommend Approval of a Conditional Use Permit for Single Family Residence within the B4-Commercial Zoning District, adjacent to 4494 West Bradley Road, requested by Chris Smerz

 

Mr. Thyes reviewed the proposal and discussed the possibility that a storage shed currently on the property.  Mr. Thyes stated that he visited the site and did not see a shed, but in the event it did exist, it would need to be removed.  The Commission discussed the proposed square footage of the home and Mr. Thyes reviewed the square footage of the surrounding properties homes.  The Commission discussed the proposed conditions.  Mr. Pederson stated that the proposed home meets all setback requirements, and that the Village would require an as-built survey due to the fact the home meets the minimum set back requirement on the west side of the property.

 

It was moved by Mr. McGuigan and seconded by Trustee Nealy to recommend approval of a Conditional Use Permit for Single Family Residence within the B4-Commercial Zoning District, adjacent to 4494 West Bradley Road, requested by Chris Smerz . The motion carried unanimously.

 

B)                 Review and recommend an amendment to the Conditional Use Permit to allow the relocation of Curves for Women Exercise Salon to a larger tenant space within the Bradley Village Shopping Center, 4311 West Bradley Road.

 

Mr. Thyes reviewed the proposal and stated that staff had not received any complaints regarding the Curves for Women business at its previous location within the Bradley Village Shopping Center.  Mr. Prawitz inquired whether the proposal met all Building Code requirements, specifically regarding entrances and exits.  Mr. Prawitz suggested that the Building Board or Building Inspector review the proposal to ensure all applicable Building Codes are met.  The Commission discussed the fact that the Applicant should be the property owner and not the tenant when the Amendment is presented.  President Jaberg suggested that a letter of support from the landlord be submitted with the proposal.

 

The Commission determined that the proposal was a not major change, and in doing so, recommended that there was not a need to schedule an additional public hearing on the proposed change. 

 

It was moved by Mr. Prawitz and seconded by Mr. Raffensperger to recommend an amendment to the Conditional Use Permit to allow the relocation of Curves for Women Exercise Salon to a larger tenant space within the Bradley Village Shopping Center, 4311 West Bradley Road with the following conditions: the Building Board or the Building Inspector approve all interior modifications and the business meet all requirements regarding entrances and exits; and a letter of support from the Landlord regarding this proposal shall be submitted.  The motion carried unanimously.

 

C)        Review and recommend the Discontinuance of the portion of Cloverleaf Lane that lies west of North 67th Street.

 

Mr. Thyes and Mr. Neitzel reviewed the proposal and previous processes which resulted in the current review of the Discontinuance.  Mr. Thyes indicated that the process was being started over due to the expiration of the original deadlines.  Mr. Thyes reviewed letters of support received from the affected homeowners and outlined their concerns, including: the possibility of increased assessments with the additional property; the desire to ensure the costs for the Discontinuance do not exceed the proposed $1,500; and that landscaping and seeding be completed in a thorough and satisfactory manner.

 

Mr. Van Gompel stated that staff examined the possibility of creating an additional lot from the portion of property within the Discontinuance but that it would not be considered a viable option within any zoning district.

 

Trustee Schilz inquired whether the residents were aware of potential impacts related to assessments.  The Commission and property owners discussed potential assessment impacts.  Trustee Schilz requested that the Village Assessor be contacted in the attempt to provide an estimate of additional taxes provided the circumstances.

 

The Commission and property owners discussed the maintenance of the property with regard to the responsibility of the Village ensuring the proposed drainage facilities operate functionally and the responsibility of the property owners to provide for the day-to-day maintenance of the property.  Mr. Neitzel stated that the drainage facilities were to be constructed to hold a 25 year rain event.

 

Mr. Van Gompel indicated that this was the first step in the Discontinuance process that may also include the Finance and Public Works Committee and ultimately the Village Board.

 

It was moved by Mr. Raffensperger and seconded by Mr. McGuigan recommend the Discontinuance of the portion of Cloverleaf Lane that lies west of North 67th Street.  The motion carried unanimously.

 

VII.      ADJOURNMENT

 

It was moved by Mr. Raffensperger and seconded by President Jaberg to adjourn at 8:43 P.M.  The motion carried unanimously.

 

 

 

 

                                                                                                    ________________________________

                                                                                                    Russell Van Gompel, Village Manager