PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday December 12, 2001 for approval at the

1/16/02 meeting

 

 

Chairperson Bellmer called the meeting to order at 5:00 p.m.

 

PRESENT:  Chairperson Bellmer and Planning Commissioners’ Chuck Lewis,

                     Michael Van Dyke, Harold Pelton, Dennis Jochman, and Kris

                     Koeppe. Community Development Director George Dearborn and

                     Associate Planner Jeffrey Smith.

 

EXCUSED:   Commissioner Ratchman

 

ALSO PRESENT:   Clarence Peterson

                                 Robert Mangen

                                             Ed Hooyman

                                             Greg Hooyman

                                             Tom Schein

                                             Doug Hahn

                                             Cormac McInnis

                                             Gary Zahringer

                                             Matt Gehrke

                                             Dennis Kraft

 

 

 

Approval of Minutes – November 14, 2001

 

Motion by Commissioner Van Dyke, seconded by Commissioner Pelton, to approve the minutes of the Planning Commission meeting on November 14, 2001 as submitted. Motion carried with 5 Aye, 2 Excused (Comm. Ratchman & Comm. Lewis).

 

1.  Set 2002 Meeting Dates

 

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the 2002 Planning Commission meeting dates. Motion carried with 6 Aye, 1 Excused (Comm. Ratchman).

 

 

      

2.  Certified Survey Map – McMahon & Associates – Palisades Dr. – (008-1021-01, 008-1021[p])

 

Director Dearborn explained that there were two separate CSM’s that proposed to acquire half of an adjacent vacant lot and attach it to the existing lot. Each CSM requires a separate resolution. In addition, the CSM’s include lakefront outlots across the street. Director Dearborn pointed out that the CSM’s would then eliminate a buildable lot but did understand why the applicants would want to have more land near a lakefront.

 

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to approve the CSM (Vemuri) as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

3.  Certified Survey Map – McMahon & Associates – Palisades Dr. – (008-1022, 008-1021[p])

 

The details of this CSM were specified under agenda item #2. Director Dearborn did explain that this applicant intends on removing his home and rebuilding at a future date.

 

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the CSM (Schein) as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

4.  Conditional Use Permit Modification – Creekside Apartments– Christopher Dr.

 

Director Dearborn briefly discussed the background of how a garage was converted into an office without any building permits. Also, this violated the original CUP that was approved in 1999. Director Dearborn then showed pictures of the converted garage to the Commission. The main concerns pointed out by Director Dearborn included: location near a primary access drive, safety of pedestrians, lack of parking, and inadequate space for traffic access/emergency vehicles. Based on these concerns, Town staff would recommend denial of the CUP modification.

 

Doug Hahn, the attorney for the applicant, then proceeded to show additional pictures of the garage conversion to the Commission. Mr. Hahn admitted that the applicant should have requested a CUP modification before converting the garage into an apartment manager’s office. Mr. Hahn pointed out that Winnebago County issued a letter that approved the modification but the letter did state that that the Town must also approve it. Mr. Hahn explained that the apartment complex had some extra garage stalls so half of one garage was converted into an office. The office would only be used when needed and there would be no specific hours of business. This office was the preferred location to conduct business (e.g. sign leases) as opposed to the apartment manager’s apartment. Finally, Mr. Hahn did not feel that the proposed office location posed the same safety hazards as pointed out by Town staff.

 

Bob Mangen, representing the apartment owner, explained that an architect confirmed that the office conversion would comply with state building codes. Mr. Mangen apologized for making the conversion without permission (e.g. no building permits) and was willing to pay any penalties, such as doubling the permit fees. Mr. Mangen did explain that it was a major inconvenience for the manager to conduct business out of his or her apartment.

 

Commissioner Pelton clarified that the apartment complex had two extra garages.

 

Commissioner Jochman recommended that the dumpsters, which were located next to the office, be removed in order to place necessary parking spaces in that location. Also, Commissioner Jochman stated that another option would be to use the other extra garage for needed parking. Director Dearborn replied by stating that these options would solve only one of the problems (parking) but not the safety/access issues. Director Dearborn then pointed out that the office does not have restrooms and staff would prefer another location for this office.

 

Commissioner Koeppe clarified with Director Dearborn that building code issues may not be met regardless of whether the CUP modification was approved. Mr. Hahn then explained that there was an agreement signed with the Town attorney, which stated that the office would be converted back into the garage if the CUP modification was denied or if the state rejected the plan.

 

Commissioner Lewis pointed out that the applicant did not comply with the original notice of non-compliance issued by the Town Building Inspector. Mr. Mangen later stated that the original notice fell off the office and he immediately contacted Town staff when he became aware of the problem. Commissioner Lewis did go on to state that it was the manager’s job to conduct business within his/her own apartment.

 

Mr. Hahn responded to a possible bathroom requirement concern by Commissioner Jochman by stating that the applicant would have to decide if the office would still be feasible if the state required a bathroom.

 

Chairperson Bellmer clarified with Mr. Mangen that potential renters usually park in front of the manager’s apartment.

 

Commissioner Jochman explained that the proposed location of the office was desirable for visibility but Director Dearborn responded by stating that the site plan should have been designed appropriately for this office from the start of the original apartment project. Commissioner Jochman also pointed out that the proposed office may not be the best location for a garage as well.

 

Commissioner Koeppe inquired if a 30 day delay should be recommended in order for the applicant to work out the details and issues addressed by Town staff.

 

Motion by Commissioner Lewis, seconded by Commissioner Pelton, to delay a decision on the CUP modification for 30 days in order for the applicant to address the major issues with Town staff. Motion carried with 5 Aye, 1 Nay, 1 Excused.

 

Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Chairperson Bellmer Nay; Commissioner Ratchman Excused.

 

5. Rezoning – Pat Gambsky Builders Inc. – Manitowoc Rd. – (008-0906)

 

Director Dearborn reported to the Commission that the applicant was proposing a rezoning from R-2 (Single-Family) to R-3 (Two-Family) for the construction of a duplex. Director Dearborn pointed out that this intersection was almost entirely R-3 zoning and the rezoning would then conform to the Comprehensive Plan. Director Dearborn stated that staff received a letter and a phone call objecting to the rezoning.

 

Motion by Chairperson Bellmer, seconded by Commissioner Jochman, to approve the Rezoning from R-2 to R-3 as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

6. Preliminary & Final Plat – Davel Engineering – Dublin Trail – (008-0206)

 

Director Dearborn explained that the final plat was for a section of an apartment complex on Dublin Trail. Winnebago County requires a subdivision or condominium plat for the R-5 zoning district and the applicant decided on the regular subdivision plat. The only condition on the plat was for the approval by all objecting agencies and municipalities.

 

Motion by Commissioner Jochman, seconded by Commissioner Lewis, to approve the Preliminary & Final Plat, with the specified condition. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

7.  Final Plat – Davel Engineering – 1st Addition to High Plain Meadows – Cold Spring Rd. – (008-0169)

 

Director Dearborn described some of the main features of the proposed final single-family subdivision plat. A main feature of the final plat was for an outlot to be dedicated to the Town as open space. Director Dearborn explained that the Park Commission may not be receptive to this dedication. To respond to their concerns, Director Dearborn explained that covenants could be mandated that require native grasses (no mowing and little maintenance required) and for a neighborhood association to be responsible for the upkeep of the outlot. Director Dearborn did explain that the outlot would eventually tie into a trail on Cold Spring Road when that portion is reconstructed. Furthermore, Director Dearborn discussed the fact that studies have shown that high power lines would not pose a serious health hazard for that outlot.

 

Greg Hooyman clarified with Director Dearborn that the future trail would fit into the existing right-of-way.

 

Commissioner Van Dyke inquired if there would be a potential weed problem with the outlot and Director Dearborn replied by stating that the natural vegetation would eliminate this problem.

 

The conditions set forth by staff for the final plat are as follows:

 

1.      Outlot 1 be dedicated to the public for open space. This must be shown on the final plat.

2.      The 25 ft. street setback shown on the final plat must be revised to show 30 ft.

3.      A restriction be placed on Lot 45 stating that no driveway may access Allison Dr. This must be identified on the final plat.

4.      A drainage plan is approved by the Town Engineer for the final plat.

5.      Approval of all agencies and all other governmental entities with authority to object to a plat.

 

Motion by Commissioner Pelton, seconded by Commissioner Lewis, to approve the Final Plat, with the specified conditions. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

8.  Certified Survey Map – Carrow Land Surveying – Edward Hooyman – Cold Spring Rd. – (008-0173-02)

 

Director Dearborn stated that the CSM would split one lot into two newly created lots. Since the property owner has to hook up to water and sewer, the Town proposed that the applicant pursue the CSM in order to greatly reduce the impact fee for the new residential lot. Director Dearborn also explained that the new Lot 2 would still be buildable even with a navigable stream running through it.

 

Greg Hooyman, representing the applicant, briefly discussed the history of the connection requirement and pointed out the high price involved with it. Also, Mr. Hooyman talked about the CSM process as the solution offered by the Town to help alleviate the impact fee. Mr. Hooyman did feel that Lot 2 would not realistically be buildable.

 

Jeffrey Smith, Associate Planner, then explained that Winnebago County recently notified the surveyor to point out that the County would not sign off on the CSM unless the barn was removed from Lot 2 (cannot have an accessory use without a principal use) and the residence lot was rezoned to R-1 (Rural Residential). Mr. Smith indicated that Town staff would prefer an R-2 rezoning since the lot was now sewered. Director Dearborn later stated that the Town would meet with the County to help resolve these issues. In addition, Director Dearborn and Commissioner Jochman both agreed that there would be limitations on the new Lot 2 but a structure (home) could still be built on it.

 

Motion by Commissioner Lewis, seconded by Commissioner Van Dyke, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

9.  Certified Survey Map – Carrow Land Surveying – Clarence Peterson – Lakeshore Dr. – (008-0112-13, 008-0112-06)

 

Director Dearborn reported to the Commission that the CSM would combine two lots into one newly created lot. The CSM would then give the property owner more flexibility with building additions or adding accessory structures to the new lot.

 

Motion by Commissioner Jochman, seconded by Commissioner Koeppe, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Koeppe Aye; Commissioner Ratchman Excused.

 

 

OLD ITEMS OF BUSINESS

 

1. Certified Survey Map – Thomas Fishel – 1072 Timber Run Dr. – (008-5046, 008-0456-01, 008-0456-01-01)

 

Director Dearborn explained that the surveyor recently informed staff that a new state statute would allow the combination of a lot located within a platted subdivision with a plat outside of one. Therefore, the surveyor provided a new CSM that combined all three lots into one newly created lot. The new state statute was provided to staff and the Commission. Director Dearborn did state that there has still been no answer on how Mr. Fishel was able to purchase an outlot that was supposed to be attached to a different lot as a result of a CSM approved in 1994.

 

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

 

Chairperson Bellmer and Commissioners’ Lewis, Van Dyke, Pelton, Jochman, Koeppe Aye; Commissioner Ratchman Excused.

 

OTHER BUSINESS

 

Dennis Kraft, 124 Anton Ct., addressed the Commission again on the lighting problem in his neighborhood. Director Dearborn explained that he visited the site but went on to state that it would be difficult to regulate Mr. Kraft’s lighting problem since there are many similar lights in the area. Mr. Dearborn explained that an ordinance has to be enforceable and applicable on a town-wide basis as opposed to a case-by-case basis. Some Commissioners stated an interest in visiting the site to examine the issue.

 

Director Dearborn pointed out that the Commissioners have received a schedule of meeting dates in order to address the specific elements of the Comprehensive Plan Update.

 

ADJOURNMENT:

 

Motion by Commissioner Pelton, seconded by Commissioner Koeppe, to adjourn the meeting at 6:28 p.m. Motion carried with 6 Aye; 1 Excused (Comm. Ratchman).

 

 

                                                                                   Respectfully submitted,

 

 

 

 

                                                                                    Jeffrey Smith

                                                                                    Associate Planner