BROWN DEER PLANNING COMMISSION

SEPTEMBER 8, 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 Yvonne Nealy; Commissioners Susan Bellehumeur, John Raffensperger, Gunnar Prawitz, Jim McGuigan, Alan Nees

Excused: Trustee Tim Schilz, Commissioner Frances Ashley-Jordan

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

II. PERSONS DESIRING TO BE HEARD

None.

III. CONSIDERATION OF MINUTES: August 11, 2003 - Regular Meeting

It was moved by Commissioner McGuigan and seconded by Commissioner Bellehumeur to approve the regular meeting minutes of July 14, 2003. The motion carried unanimously, with Commissioner Nees and Trustee Nealy abstaining.

IV. REPORT OF STAFF/COMMISSION MEMBERS

Mr. Pederson discussed the Community Services Department highlights handout, as well as provided an update on the Brown Deer Commerce Center redevelopment project. Mr. Pederson also stated that the Visioning Committee’s final report was presented to the Village Board on August 25 and that the Village Board will be discussing the report in the near future. Mr. Van Gompel added that the report is currently available on the Village’s website.

Mr. Thyes reported on the progress of Badger Fuel’s possible application for a new Conditional Use Permit. Mr. Thyes stated that he spoke with Dave Uttech of Keller Structures, and Mr. Uttech had stated that Mr. Koceja has not finalized any new plans due to financial issues. Mr. Thyes stated that a letter was sent to Festival Foods in an attempt to address the issue of delivery trucks being parked onsite, outside of the stores normal business hours. The letter was accompanied by a copy of the Development Agreement that is applicable to this site. Mr. Thyes also described the proactive property maintenance inspections carried out earlier in the month with the Village Building Inspector, Bob Premo.

Mr. Van Gompel provided an update on the Schroeder Drive traffic signal project, stating that the lights should be operational by mid to late October.

V. UNFINISHED BUSINESS

A) Review the requested additional information for the Conditional Use Permit application for a Children’s Day Care Center, at 7820 N. Teutonia Avenue, requested by Chantell Lockett

Mr. Thyes reviewed the proposal and stated that neither the applicant (Chantell Lockett) nor her architect (Vince Milewski) were present, although Mr. Milewski indicated earlier in the day he would be present at the meeting. Mr. Thyes also pointed out that the Fire Marshall’s report stated the tenant space would be required to have a fire sprinkler system installed pursuant to the Brown Deer Building Code. Commissioner McGuigan expressed concerns with the proposed daycare not having a fire sprinkler system. Commissioner Prawitz also expressed concern over the lack of fire sprinklers in the establishment. Mr. Thyes reviewed the process for the installation of a sprinkler system and the request for variance process from the North Shore Fire Department.

Mr. Van Gompel clarified the issue of building code requirements versus land use issues. Commissioners stated that the applicant should have a chance to address the fire sprinkler issue in person.

It was moved by Commissioner Prawitz and seconded by Commissioner Raffensperger to layover the application until the October 13, 2003, meeting. The motion carried unanimously.

VI. NEW BUSINESS

A) Recommend Approval of an amendment to the Business Planned Development Agreement for Kildeer Court to list “Weight Loss Clinic” under Section 2. a. of the agreement.

B) Recommend approval of a Weight Loss Clinic to be located within the Kildeer Court facility in Suite 220 of 3900 W. Brown Deer Road, requested by Kathy Zwicky, KZ Enterprises, LLC.

Mr. Thyes summarized both proposals for the Planning Commission. President Jaberg initiated a “dual discussion” of both the amendment and the business proposal. Commissioner McGuigan asked if these proposals required a public hearing. Mr. Van Gompel stated that Village staff’s opinion was that the proposed business would not adversely affect the area and as an amendment to the Development Agreement, a public hearing was not required.

Commissioner McGuigan asked the applicant to differentiate between her proposal and a business such as “Curves for Women”. Kathy Zwicky, applicant, discussed the business operation and her business’s differences from “Jenny Craig”, “Weight Watchers”, and “Curves for Women”. Ms. Zwicky also stated that her business, “Inches A-Weigh”, would sell nutritional supplements. President Jaberg inquired about the amount of sales. Ms. Zwicky stated that an estimated ten (10) percent of the business would entail the sale of said supplements. President Jaberg asked Staff for a review of the proposal by the North Shore Health Department. Commissioner Bellehumeur asked how the classification of “weight loss clinic” was derived. Mr. Thyes commented that staff discussion and review led to the creation of this classification as it was felt it best encompasses the proposed operation. President Jaberg asked the applicant if she felt extending the proposed hours of operation would be necessary. Ms. Zwicky indicated that an opening time of 7:00 a.m. instead of the originally proposed 8:00 a.m. may be necessary. The Planning Commission agreed to allow a 7:00 a.m. opening time for the business.

It was moved by Commissioner Raffensperger and seconded by Commissioner Bellehumeur to recommend approval of an amendment to the Business Planned Development Agreement for Kildeer Court to the list “Weight Loss Clinic” under Section 2. a. of the agreement. The motion carried 6 to 1 (opposed Commissioner McGuigan).

It was moved by Commissioner Raffensperger and seconded by Trustee Nealy to recommend approval of a Weight Loss Clinic to be located within the Kildeer Court facility in Suite 220 of 3900 W. Brown Deer Road, requested by Kathy Zwicky, KZ Enterprises, LLC. with an amended opening time of 7:00 a.m. The motion carried unanimously.

C) Review and recommend the Conditional Use Permit issued to James Meldman for a Contractor’s Office and Garage/Storage Use at 7701 N. Teutonia Avenue.

Mr. Thyes stated that the Contractor’s Office and Garage/Storage Use was never issued an Occupancy Permit due to outstanding Code Violations and recommended the Commission lay the matter over until the violations have been resolved.

It was moved by Commissioner Bellehumeur and seconded by Commissioner McGuigan to lay over the review of the Conditional Use Permit for the issuance of an Occupancy Permit. The motion carried unanimously.

D) Review and recommend the Planned Development Agreement entered into with Tony and Julie Reno (Kurt Schultz Deli) for Outdoor Restaurant Seating at 8752 N. Deerwood Drive.

Mr. Thyes stated that the outdoor seating is in compliance with the conditions of the Development Agreement. President Jaberg raised a concern that the color of the umbrellas being used is not consistent with the Original Village setting and asked if a condition may be added to the agreement that would restrict the color scheme of the umbrellas. Mr. Van Gompel stated that additional conditions could not be added since the agreement has already been entered into by both parties, but would inquire with Attorney Dineen for a legal opinion on the matter.

It was moved by Commissioner Bellehumeur and seconded by Commissioner Raffensperger to lay over the review of the Development Agreement for a legal opinion regarding whether or not additional conditions may be placed upon the existing agreement. The motion carried unanimously.

VII. ADJOURNMENT

It was moved by Commissioner Raffensperger and seconded by Commissioner Nees to adjourn at 8:15 P.M. The motion carried unanimously.

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Andrew K. Pederson,

Assistant Village Manager/Community Services Director