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Tonight's

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Village Planning Commission. I ask that
you please rise for a pledge of

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allegiance and a moment of silence.
I pledge algiance to the flag of the

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United States of America and to the
republic for which it stands. One nation

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under God, indivisible, with liberty and
justice for all.

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» Thank you everyone. Please be seated.
Jessica, can you get a minute? Could you

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give us roll call, please?

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All right.
Commissioner Libert here.

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» Commissioner Gowski
>> here.

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» Commissioner Belt
>> here.

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» Trusty Roodie
>> here.

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» Commissioner Jaliss
>> here.

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» And President Ken
>> here.

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Okay. Item two are public hearings.
First one is conditional use grant

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request of applicant Christian Brothers
Automotive develop an automotive service

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use in our automobile service use and
only permissible through the issuance of

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a conditional use grant section excuse
me 40.25010.

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This request is located immediately west
of Menard and north of Jill's car wash

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PWV0901984006.

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The proposed development would be part
of this 38.72 acre B1 community business

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district with a planned unit development
overlay and a C2 consery district split

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zoned. The property is owned by Meadow
Creek Limited Partnership and applicant

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is William Bastic, DVA Christian
Brothers Automotive.

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I hear I open up the public hearing. Is
there anybody that would like to speak

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on this particular item?

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Nobody. Okay, we're going to close that
one. Next one is a conditional use grant

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request by the village of Pewwaukee to
establish an expanded lift station

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within railroad right away located north
of 512 Copy Drive Public

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[clears throat and cough]
and or private utility use is only

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permissible through the issuance of a
conditional use grant section 40.2042.

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The railroad rightway is operated by
CPKC and is owned R5 residential

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district detach district, pardon me. I
hereby open up this public hearing.

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Anybody on this one?

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Okay, I'm going to close that one. Item
C, conditional use grant request

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of applicant James Kowski to construct a
6' tall fence. The structure is proposed

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at 0 feet from the rear lot line. A
reduction from the required 5ft offset

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for fencing over 4 1/2 ft tall is
permissible only through the issuance of

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a conditional use grant on a legal
non-conforming lot section 40.2104A

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and this is 0.21 21 acre parcel located
128 park at PWV0896017

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is zoned R5 residential detached
district property owner applicant is Jim

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Scabowski. I will ask for anybody here
that would like to talk about this. Yes

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sir.

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» Hello board. Uh on behalf of myself and
my fiance

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[laughter]
Jim Grabowski, 128 Park Avenue. My

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apologies. Uh on behalf of myself and my
fiance, thank you for taking up this

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agenda item and thank you for the
planner for the consideration in it. Uh

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since I don't know if during the actual
agenda item if applicants are able to

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speak. Uh I will say there are two
elements of this that I'd like

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consideration for amendments. One being
it has me down as a six-foot fence. Um

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whereas my uh neighbor who's also on the
agenda later on is requesting an 8 foot.

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I would like it to be uh same height all
the way across since we're using same

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materials and so that it matches uh also
for added privacy um for reasons I

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stated to the planner both from the
commercial properties in the alley as

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well as from my neighbor who has placed
security cameras and floating quotes

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that point into our yard and refuses to
remove them. So, uh, I request the the

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change in height from six to eight. As
well as as the planner noted in the the

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packet, there is a, um, illegal, um,
abnormality in the description of our

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properties that resulted in a gap
between the two parcels. Um and as we

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found out that was from I think during
the original platting of the uh the

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neighborhood of which sides what corners
they started their their platting from

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and they just never met. Um we have been
maintaining that since I I had purchased

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the house 11 years ago I believe. Um and
I've been maintaining that as well as my

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neighbor's been maintaining that since
he purchased that house. And I would

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request that we are u able to fence that
over that gap so that we do have a full

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uniform security privacy fence along
that back property line. Um so those

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were the two items that I wanted to
bring to your attention. But I am here

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in the audience if you guys have any
questions during the agenda item. So

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thank you.
>> Thank you sir. Any other comments? Yes

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sir. Yeah.

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Lance Miller. I'm here as council for uh
Big Fish Capital, which owns 118 Lake

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Street, the adjacent properties. Um
I don't know procedure proper if I speak

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now or if we take that up during the
discussion.

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» The public hearing is for public
comments. If the board desires in the

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past, they have asked applicants to
bring forward information. But if you

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have comments on behalf of your clients,
now would be the

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» Okay. Sure. Thank you. Uh on behalf of
the big big fish capital, then we'd um

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I just like to um point out the
opposition to really both items, the I

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think item C and D on the agenda. Um
there's really four points I think that

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we'd like to cover and that the issue is
whether or not there's sufficient

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evidence that this commission has to
support the findings for exceptional

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relief from the five foot setback
requirement despite the acknowledged

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impacts on the adjoining property, the
neighbor aesthetics and the future

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precedent. And so I just want to briefly
cover each one of those topics um and go

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through that. Uh, first I think that the
staff report did a pretty good job

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highlighting this point, but this is
does seem to be a case of u first

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impression of
first time an issue like this is before

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the plan commission and I think the
background uh on this as I understand

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there's a a 5- foot setback uh that's
applicable. Uh historically when there's

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been a request to change or shorten that
setback uh that's been addressed through

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a neighborhood consent and so um there's
a request here to eliminate the setback

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and there is not a neighbor consent.
Instead we're going to sort of bypass

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that rule and ask for a a special to use
a special mechanism uh for approval. Um

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and uh the ordinance is specifically uh
uh reference setting precedent for

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future development in the village. And I
think that that's something that this

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plan commission has to has to cons
consider specifically

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um you know if in the future uh folks
want to build an 8oot privacy wall um

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right along the property. I think the
commission has to think about

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identifying a rule that can articulate
uh to distinguish future requests uh for

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orderly development in the future.
That's sort of point one on the

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precedent. Point two is really
aesthetics. The ordinances say that uh

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the requested change has to be in um in
harmony with the areas in which it's

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located and the commission has to
consider area aesthetics in the

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immediate neighborhood. I think here
there's been some discussion uh and in

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one instance I think we're replacing a
zero foot fence with a I think as

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amended an 8ft fence and then in the
other request a 3 and 1/2t fence with an

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eight 8ft fence
um with in both instances really the

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stated goal of interrupting or
disrupting the visual relationship

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between those two properties. And so um
whether or not that 8ft tall wall along,

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you know, the the property line that's
intended just to to shield, um uh the

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visual image between the properties. Um
whether or not that is harmonious with

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the area, you know, I'd suggest that the
that that the answer is no. Um and that

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the commission should deny it on that
ground. Uh third and related, the fence

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ordinance. I don't think this was
touched on by the report, but uh 40.4

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422C1. The fence ordinance generally
prohibits structures that create a

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adverse effect on property value or the
reasonable enjoyment of the surrounding

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property. I think again for the reasons
that I've stated, an 8-ft wall

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intentionally designed to alter that
visual relationship

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uh would be prohibited under that that
ordinance. And then really point number

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four and then we'll move on is the uh
property value or economic impact. Uh my

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client 118 is a rental property. It's
got a lake view. It's marketed and

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advertised and and leased based upon
that lake view.

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I don't know the exact timing, but my
understanding is my client built a patio

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uh out back so that the residents can
take advantage of that lake lake view.

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Um and there's just no dispute that if
we add this wall uh that lake view is

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going to be eliminated.
And so when you look at the appearance,

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openness, sightliness of the adjoining
property, [clears throat] granting the

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request is going to impair that value of
the adjoining property. And so that

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should be taken into consideration.
So those are really the the four areas I

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wanted to cover. Um you know, on behalf
of my client, I respectfully request

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that the both requests be denied. If
they're not denied tonight, I think a

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continuous um continuence to complete
the record and to consider less

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intrusive options would be the the way
to go. I'll be in the audience. Thank

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you.
>> Thank you.

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» Is there any other comment at this time?
If not, okay, I'm going to close that

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one. Next item is conditional use grant
request of applicant Ken Ward to

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construct an 8 foot tall fence. The
structure is proposed at 0 feet from the

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rear lot line, a reduction from the
required 5T offset for fencing over 4

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and 1/2 ft tall is permissible only
through the issuance of a conditional

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use grant on an legal non-conforming lot
section 40.2104A.

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This 0.1 acre parcel located at 124 Park
PWV0896018

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is zoned R5 residential detach district.
Property owner applicant is Ken Ward. I

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open up the public hearing. Is there any
comments or anything on this particular

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item? Yes, sir.

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[snorts]
>> Good evening. and I'm Ken Ward, 124 Park

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Avenue, Wisconsin licensed uh
professional engineer E26647.

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Um [snorts]
for the same reasons as uh stated by uh

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Jim, uh we would like to see the 8oot
fence. Um also would like if we could

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put it across what is called the gap
realistically is not a gap based under

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actual survey standards. It was platted
that way uh for whatever reason in the

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original plat. It does not state that it
was for public use. does not state that

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it's a walkway. It was just a 6 foot
wide area because that area has been uh

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maintained by both Jim and myself. Uh
Jim for 11 years, myself for the pa past

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nine. Um you know, at some point we
could do a certified survey map and

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create that, but the reality is um we
are utilizing that parcel at this time.

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Uh with respect to the comments that
were made by uh Mr. Miller. Um I don't

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know that this necessarily has an
exceptional impact uh on the parcel next

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to us or not. If you take a look at the
drawings immediately to the northeast of

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me, um I have um a commercial use and I
did get a sign off from that person last

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year before building that 6ft fence. Um
however, we still have light glare from

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the bar and the area across the alley.
So that's why we're asking for the 8ft

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fence there on our east lot line which
is adjacent to 118 lake which is the

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parcel uh that Mr. Miller is
representing. One of the items that we

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have there is two years ago a garage was
built on that parcel. When that garage

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was built that parcel was raised 2 feet.
There is approximately a 10-ft wall on

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the side of the garage. So it was made
for commercial uses. As far as I'm aware

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right now, it is not part of the rental
of that parcel for the home and we

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believe that is being used for
businesses as I have talked to the

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people that are parking trailers
immediately adjacent to our lot line and

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that it is being used for commercial
purposes for businesses that Big Fish

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may own or maybe he's renting the space
someone else. I'm actually not positive

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on that. So, I don't know if there's an
impact there with the respect to the

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aesthetics of the fence. The reality is
the siding that's on the um garage is a

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vertical siding. The the fencing that we
have picked is also vertical in nature.

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So we are very compatible with the look
of what that garage would be. Even with

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that at an 8ft fence from our rear
yards, we will still see portions of his

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building and we will just barely be
blocking the trailer that's currently

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parked out there. So we will even at 8
ft, we will still have that portion

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right there. Additionally, the patio
that was pointed out by Mr. Miller is up

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against the house. If you look at Mr.
Grabowsk's application, he does not have

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the fence necessarily going all the way
across his lot line. Any view that is

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established from that patio will be able
to be seen through the parking lot of

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the commercial area to Park Avenue to
this villages commercial parking lot

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that's across the street and then is
blocked any view of the lake due to the

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old Smoky's bait shop that's there. So
realistically, I don't believe that

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there's any denial of uh aesthetic use
because you can't see the lake from that

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portion or if you could, it's very small
and there will be no fence within that

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area. Um I I think that the statement
that our fence is not harmonious with

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the area. If you take a look at to the
um uh south of Jim's parcel, it's

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commercial. To the northeast of mine,
it's commercial. behind us is now have

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become, if you will, a rental property
and is commercial. So, the fact of

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having a fence there should really
doesn't take away from what might be the

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ability of someone to live in that house
or as a renter to be in there. Um, are

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there any questions that the board may
have for me?

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» Thank you.
>> Thank you, sir.

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» Is there anyone else that would like to
make a comment?

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Just I'm not going to repeat myself.
Just for the record to be clear that

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» please restate your name and address for
the record. Just

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» Lance Miller appearing on behalf of Big
Fish uh Capital, the owner of 118 uh

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Lake Drive. Again, not to repeat myself.
I incorporate the same comments if you

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will.
>> Thank you.

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» Okay. Thank you, sir. Is there anyone
else?

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Okay. Then we close that public hearing.
>> Item E. Conditional

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use grant and plan of operation request
of Lake Country Barge to locate a boat

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lift and pierce sales service repair and
boat storage use and boat related use is

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only permissible through the issuance of
a conditional use grant section 40.3169.

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This request is located at 400 Sussex
Street PWV0897993.

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The proposed development on a 4.23 23
32 acre B5 light industrial district

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00:19:41,760 --> 00:19:50,480
zone property. The property is owned by
Capital Acquisition LLC and the

209
00:19:47,440 --> 00:19:53,679
applicant is Lake Country Barge. I will
open up the public hearing on this

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00:19:52,080 --> 00:19:57,880
particular item. Is there anybody here
that would like to speak on this?

211
00:20:00,799 --> 00:20:09,200
» John Sappro. I'm across the street to
the west. technically no address, so

212
00:20:06,240 --> 00:20:14,960
I'll call it 401. Um, I support them
going in there. My concern is that with

213
00:20:12,640 --> 00:20:19,200
the tree planting that's described in
the right in writing, not in a print,

214
00:20:17,919 --> 00:20:23,360
I'm worried that they're going to raise
the water table up further yet, which

215
00:20:21,520 --> 00:20:27,200
everybody coming down the street has
destroyed our property because the water

216
00:20:25,520 --> 00:20:32,559
table just keeps coming up. We can't
even get a mower out there anymore.

217
00:20:30,720 --> 00:20:40,880
» So, that's my only concern. So, how do
we find out where the trees are going to

218
00:20:35,520 --> 00:20:46,799
go or are they going to be raising the
>> raising raising the the terrain?

219
00:20:44,080 --> 00:20:50,640
» That should be discussed during the
regular meeting. And if you have any

220
00:20:48,640 --> 00:20:54,159
questions again, we will ask the board
if you're allowed to ask.

221
00:20:51,919 --> 00:20:59,240
» Okay. Okay. Thank you all.
>> Thank you, sir. Are there any other

222
00:20:56,240 --> 00:20:59,240
comments?

223
00:20:59,440 --> 00:21:07,760
» Hello. Uh my name is Matthew Quest, 153
Park Avenue. Um I am the owner of the

224
00:21:05,600 --> 00:21:12,320
property, Aaron Stapleton of Lake
Country Barge. Uh I will be the

225
00:21:09,600 --> 00:21:18,559
occupant. Um wanted to let you know I'm
here to answer questions. I believe I

226
00:21:14,400 --> 00:21:23,120
provided a packet that shows um general,
you know, in terms of improvements to

227
00:21:20,960 --> 00:21:27,760
the property. There's not much in really
anything in new structures. What we're

228
00:21:24,799 --> 00:21:33,280
looking at is, you know, updating a lot
of issues with the property, new paint,

229
00:21:30,799 --> 00:21:38,640
new roofs, cleaning it up, new
landscaping. To answer your question,

230
00:21:35,760 --> 00:21:43,120
when we get to the point, the the trees
were really something that were from

231
00:21:40,720 --> 00:21:48,480
past experience, you guys like trees, so
I said we could do it. Um, so those are

232
00:21:45,919 --> 00:21:54,640
all open staff level. No intent to
raise. It doesn't help us to raise the

233
00:21:50,559 --> 00:22:00,320
water level there either. So, um, in
terms of the current occupancy with

234
00:21:56,880 --> 00:22:06,960
Center Point and the new occupancy,
um, it will be le a lot less traffic.

235
00:22:04,559 --> 00:22:13,039
There still will be a level of outdoor
storage there, but um, Center Point,

236
00:22:11,360 --> 00:22:17,440
I've bought boats there, but they've
used a lot of that property and some of

237
00:22:15,120 --> 00:22:23,200
your property. Uh, we won't be using any
of that. Everything will be behind the

238
00:22:19,360 --> 00:22:30,480
fences. Um, so we're open to suggestions
on how you guys want that improved, but

239
00:22:26,799 --> 00:22:35,039
we will be, you know, doing new paint,
some landscaping that will just the

240
00:22:32,880 --> 00:22:39,600
aesthetic portion of it, try to improve
the screening, new roofs, I think a few

241
00:22:37,600 --> 00:22:43,440
other things. So, we are available for
questions as you guys discuss it and

242
00:22:41,679 --> 00:22:47,919
look forward to working with you.
>> Thank you, sir. Is there anyone else

243
00:22:45,919 --> 00:22:54,080
that would like to make a comment as it
relates to this particular item?

244
00:22:51,200 --> 00:22:59,280
Okay, I will close that one.
The next item on the agenda is citizen

245
00:22:56,720 --> 00:23:03,679
comments. This is an opportunity for
citizens to share their questions with

246
00:23:01,120 --> 00:23:08,000
commission members on any topic they
choose. However, due to Wisconsin open

247
00:23:05,600 --> 00:23:12,240
meeting laws, the commission is not able
to answer questions or respond to your

248
00:23:09,919 --> 00:23:16,559
comments. All comments should be
directed to the commission and comments

249
00:23:14,880 --> 00:23:20,400
are limited to three minutes per
speaker. Speakers are asked to please

250
00:23:18,720 --> 00:23:24,559
use the podium and state their name and
address for the record. Is there anybody

251
00:23:22,880 --> 00:23:28,679
here that would like to make a comment
as to anything?

252
00:23:32,640 --> 00:23:40,080
Ken Ward, 124 Park Avenue. Um just
something I left out before, but you

253
00:23:37,360 --> 00:23:44,080
gave me open the door here. Um Oh boy.
>> Yes. [laughter]

254
00:23:41,440 --> 00:23:51,039
So with respect to the 6 foot wide area,
both Jim and I would agree that um it

255
00:23:48,559 --> 00:23:55,919
could be an issue if you approved it uh
on that gap. However, we would be more

256
00:23:54,320 --> 00:24:02,000
than willing to have written into the
conditional use grant because um uh the

257
00:23:58,960 --> 00:24:06,000
way that conditional uses work that we
if we were allowed to install the fence,

258
00:24:04,000 --> 00:24:11,679
if at some point in the future it was
determined that the 6 foot wide area was

259
00:24:09,200 --> 00:24:16,320
ownership of a third party, we would
then remove the fence and that could

260
00:24:13,600 --> 00:24:17,360
become part of that conditional use.
>> Okay.

261
00:24:16,799 --> 00:24:24,320
» Thank you.
>> Thank you, sir.

262
00:24:19,679 --> 00:24:30,080
There's any other comments or questions?
Okay, then we're going to move on to old

263
00:24:26,960 --> 00:24:34,240
business, which we have none.
Item five is new business. Review

264
00:24:32,640 --> 00:24:38,159
discussion and possible action on
conditional use grant request of

265
00:24:35,679 --> 00:24:40,960
applicant Christian Brothers Automotive.
>> What's that?

266
00:24:39,360 --> 00:24:45,400
» The minutes.
>> Oh, I'm sorry. I forgot that one.

267
00:24:45,600 --> 00:24:51,360
» I have the that was up here. I couldn't
see it.

268
00:24:49,440 --> 00:24:55,919
» Planning Commission approval of the
planning commission meeting July 9th,

269
00:24:53,919 --> 00:25:00,159
2026.
Are there any questions, comments

270
00:24:58,559 --> 00:25:04,320
as the way they are presented this
evening?

271
00:25:02,559 --> 00:25:07,840
» Libert I'd make a motion to approve the
plan commission meeting minutes of July

272
00:25:06,000 --> 00:25:13,200
9th, 2026.
>> Second.

273
00:25:10,000 --> 00:25:19,120
» Okay, we have a motion and a second. Any
further discussion? All in favor say I.

274
00:25:16,480 --> 00:25:23,679
I I opposed.
Minutes are hereby adopted. Now we'll go

275
00:25:21,679 --> 00:25:29,039
to old business which we have none and
new business. Review and discussion and

276
00:25:26,960 --> 00:25:33,440
possible action on conditional use grant
request of applicant Christian Brothers

277
00:25:31,440 --> 00:25:37,760
Automotive to develop an automotive
service use and automotive service use

278
00:25:36,000 --> 00:25:42,559
is only permissible through the issuance
of a conditional use grant section

279
00:25:40,159 --> 00:25:47,120
40.250-10.
The request is located immediately west

280
00:25:44,960 --> 00:25:50,120
of Bernard and north of Julie Car Wash
PWV0901984006.

281
00:25:51,520 --> 00:25:59,440
The proposed development would be part
of this 38.72 acre B1 community business

282
00:25:57,360 --> 00:26:06,320
district with a planned unit development
overlay and a C2 consery district split

283
00:26:03,600 --> 00:26:10,960
zone. The property is owned by Metal
Creek Limited Partnership and applicant

284
00:26:08,159 --> 00:26:15,840
is William Bostic, DBA Christian
Brothers Automotive. Um, I hope

285
00:26:13,679 --> 00:26:21,760
everyone's had a chance to go over this.
Are there any questions, comments, or

286
00:26:19,919 --> 00:26:28,080
corrections as to the way this is
presented evening this evening? Um,

287
00:26:25,279 --> 00:26:34,240
» this is just a re a renewal, right?
>> Pretty much so. Yeah.

288
00:26:30,320 --> 00:26:37,120
» Nothing's changed. I just finally got
storm water figured out.

289
00:26:35,679 --> 00:26:40,720
» Yep. Yep.
>> Had John Manard to get there with the

290
00:26:38,559 --> 00:26:43,440
shovel and dig it out.
>> So, if there are no questions or

291
00:26:42,159 --> 00:26:46,840
comments, someone would like to take
make a motion.

292
00:26:47,679 --> 00:26:54,593
» Uh I'll make a Grabowski make a motion
to uh approve the conditional use grants

293
00:26:52,960 --> 00:26:59,440
of the applicant of Christian Brothers
[clears throat] Automotive

294
00:26:56,480 --> 00:27:07,039
uh with the same uh conditions as
previously approved.

295
00:27:02,640 --> 00:27:12,080
Second, Rodel. Go ahead.
>> Okay.

296
00:27:09,360 --> 00:27:16,480
Okay. We have a motion and a second. Any
further discussion? All in favor say I.

297
00:27:15,760 --> 00:27:20,320
» I.
>> Opposed.

298
00:27:18,000 --> 00:27:25,200
Motion is hereby granted. Conditional
use is in play.

299
00:27:22,799 --> 00:27:29,440
Item B, review discussion of possible
action on conditional use grant request

300
00:27:27,039 --> 00:27:34,159
by the village of Pewwaukee to establish
an expanded lift station within the

301
00:27:31,520 --> 00:27:39,360
railroad right ofway located north of
512 Copy Drive. Public and/or private

302
00:27:37,039 --> 00:27:44,080
utility use is only permissible through
the issuance of a conditional use grant

303
00:27:41,279 --> 00:27:50,960
section 40.2042.
The railroad rightway is operated by

304
00:27:46,159 --> 00:27:55,039
CPKC and is zoned R5 residential VATS
district. I hope everyone again has read

305
00:27:53,679 --> 00:28:00,640
this thoroughly. Are there any
questions, comments as they have might

306
00:27:57,760 --> 00:28:05,600
have on this particular item.
>> So again another reapproval.

307
00:28:03,200 --> 00:28:10,720
» It is this is the land use approval
related to the project. um the the

308
00:28:08,640 --> 00:28:14,159
village and the railroad have finally
come to an agreement on the

309
00:28:12,000 --> 00:28:18,399
authorization for the actual project at
that location. Uh but our code requires

310
00:28:16,480 --> 00:28:22,320
a land use approval which was given in
May of last year and we're in the same

311
00:28:20,480 --> 00:28:28,480
position Christian Brothers was that
this actually did expire. So we do need

312
00:28:24,320 --> 00:28:31,440
a reapproval by this commission.
>> There are any other questions or

313
00:28:29,919 --> 00:28:35,120
comments?
Can I get a motion then? I'll make a

314
00:28:33,600 --> 00:28:42,480
motion the village of Milwaukee
commissioner use grant for the new lift

315
00:28:36,960 --> 00:28:46,240
station um with prior approvals.
>> Growski second.

316
00:28:44,240 --> 00:28:53,760
» We have a motion and a second. Any
discussion? All in favor say I. I

317
00:28:50,240 --> 00:28:57,200
» opposed. Motion is hereby adopted. Item
C, review discussion of possible action

318
00:28:55,600 --> 00:29:02,559
on a conditional use grant request of
applicant James Kowski to construct a

319
00:28:59,919 --> 00:29:07,440
6-ft tall fence. The structure is
proposed at zero feet from the rear lot

320
00:29:05,120 --> 00:29:11,840
line. The reduction from the required
five foot offset for fencing over four

321
00:29:09,360 --> 00:29:16,159
and a half feet tall is permissible only
through the issuance of a conditional

322
00:29:13,279 --> 00:29:19,799
use grant and illegal non-conforming lot
section 40.2104A.

323
00:29:19,840 --> 00:29:27,960
This.21 acres parcel located at 128 Park
Avenue. PWV0896017

324
00:29:28,000 --> 00:29:36,799
is zoned R5 residential detached
district. Property owner applicant is

325
00:29:33,840 --> 00:29:42,799
Jim Kowski. Again, I hope everyone's had
a chance to read this over. Uh the

326
00:29:38,720 --> 00:29:48,320
applicant as stated before in the um
public hearing would like to go to 8

327
00:29:44,880 --> 00:29:53,919
feet. Um but I would like um our
attorney to address some of the issues

328
00:29:51,440 --> 00:29:58,559
that we heard this evening.
>> Sure. So as far as the the oral

329
00:29:56,880 --> 00:30:02,480
amendments to the application that was
made by the applicants that that is no

330
00:30:00,799 --> 00:30:06,240
issue. Um if the applicant is
representing that he would like an 8oot

331
00:30:04,080 --> 00:30:12,320
fence now as part of the application
that's fine. Even though it's agendaized

332
00:30:08,320 --> 00:30:17,039
as a a six-foot fence that's not the
subject matter of the conditional use

333
00:30:13,919 --> 00:30:20,480
grant. the conditional use grant is for
um reduction of the setback if the the

334
00:30:19,620 --> 00:30:25,120
[cough] commission feels [clears throat]
that's appropriate. Um the comment I

335
00:30:22,960 --> 00:30:30,320
would have as to the the issue of the
gap parcel. While I appreciate what the

336
00:30:27,600 --> 00:30:36,640
applicants are saying, um staff has
reviewed this and I agree with the what

337
00:30:33,760 --> 00:30:41,039
the planner has recommended that we
can't give approval. This commission

338
00:30:38,480 --> 00:30:46,000
can't give approval for a land use when
we don't have knowledge of who even the

339
00:30:43,840 --> 00:30:50,880
owner is. And while I appreciate the
applicants have been maintaining it, um

340
00:30:48,320 --> 00:30:55,279
you know, they may have a case that they
have ownership rights one or the other

341
00:30:52,960 --> 00:30:59,600
or some sort of joint ownership, it
hasn't not been confirmed by this survey

342
00:30:57,200 --> 00:31:02,960
or any any title report that we've seen.
If it comes in the future, the planner

343
00:31:01,440 --> 00:31:07,760
has said we'll build that into the
conditional use and if proof is provided

344
00:31:05,840 --> 00:31:12,080
to staff, that approval will be
incorporated. But that's as far as I

345
00:31:10,320 --> 00:31:17,039
would recommend this commission go. I
would not recommend that you grant any

346
00:31:14,960 --> 00:31:22,000
sort of approval to a parcel where we
don't know who the the owner is at this

347
00:31:18,880 --> 00:31:25,440
point. Um, just to create a a good
record for this and for the subsequent

348
00:31:24,320 --> 00:31:29,679
application, I'm going to ask the
planner to just summarize the staff

349
00:31:27,120 --> 00:31:32,679
report as well if you could please.
>> Sure.

350
00:31:33,360 --> 00:31:40,480
» There we go.
So again, as we talked about during the

351
00:31:37,519 --> 00:31:46,399
the public hearing, um this is not the
typical process for a fence. Typically,

352
00:31:43,120 --> 00:31:54,640
we look at the fence code portion of the
the ordinance for that. Um but you know,

353
00:31:50,399 --> 00:31:59,200
there there is this pathway. Um there's
nothing that says you can't apply for

354
00:31:56,480 --> 00:32:04,480
something like this for a fence. And so
through the conditional use process, um

355
00:32:02,080 --> 00:32:08,880
you can apply any types of conditions
that you want that are reasonable and

356
00:32:06,240 --> 00:32:15,679
measurable to this type of request. But
I agree with the village attorney that

357
00:32:11,360 --> 00:32:20,720
um for the area that is unknown as far
as its ownership. There'll need to be

358
00:32:18,000 --> 00:32:26,159
some type of survey work, title work,
something to

359
00:32:22,720 --> 00:32:29,600
figure that out on the side. Um, I don't
recommend granting any kind of approval

360
00:32:27,919 --> 00:32:36,159
for that given the that there's a
question mark as far as that portion of

361
00:32:31,519 --> 00:32:40,080
the site. Um, as far as the
uh overall process, we've now held the

362
00:32:38,240 --> 00:32:45,200
public hearing. You've heard the
evidence given and the testimony as part

363
00:32:42,080 --> 00:32:50,880
of that. The
plan commission can

364
00:32:48,320 --> 00:32:54,960
make a determination of of how you feel
you want to proceed.

365
00:32:53,039 --> 00:33:00,720
the
as as far as

366
00:32:57,840 --> 00:33:06,880
staff review goes, you've got draft
conditions of approval in there. You can

367
00:33:04,559 --> 00:33:11,360
add anything you'd like that's again
reasonable, measurable

368
00:33:09,279 --> 00:33:16,720
um that you feel would be appropriate
should you want to um given any of the

369
00:33:15,120 --> 00:33:23,200
information that you've heard this
evening. And so the

370
00:33:20,799 --> 00:33:31,360
again the overall
view of the parcels is here. Um the

371
00:33:28,720 --> 00:33:35,919
as far we we talked about the the height
of the fence

372
00:33:33,200 --> 00:33:38,720
being different than what was proposed.
That's okay because you have the

373
00:33:37,279 --> 00:33:44,240
authority to grant that additional
height as part of this CG grant. And so

374
00:33:43,039 --> 00:33:48,480
it's going to be six foot. If it's going
to be 8 foot, you can decide if you want

375
00:33:46,000 --> 00:33:53,120
to approve the 8 feet as part of this
request.

376
00:33:50,000 --> 00:33:59,519
Again, there there are certain things to
consider as as far as a CG. If you

377
00:33:56,799 --> 00:34:03,120
looked at the conditional use criteria,
we ask that you consider that in making

378
00:34:01,200 --> 00:34:08,639
your determination.
Um,

379
00:34:04,880 --> 00:34:13,359
typically you you don't have to
go through that and answer each of

380
00:34:10,879 --> 00:34:17,960
those. Just keep those in mind when when
making any motions.

381
00:34:19,200 --> 00:34:25,720
» Are there any questions or comments from
commission?

382
00:34:25,919 --> 00:34:36,560
» I have one question. I don't know if I
should go to Matt or or planner. Um,

383
00:34:33,520 --> 00:34:40,960
as it relates to the 6-foot no man's
land,

384
00:34:38,240 --> 00:34:47,440
if the board or if the commission so
desires, can they

385
00:34:43,359 --> 00:34:51,040
approve it as it's stated here as an 8ft
fence?

386
00:34:49,440 --> 00:34:58,000
But
if the applicants come back let's say a

387
00:34:55,839 --> 00:35:04,880
week, two weeks or 3 weeks or whatever
it is and are able to show that they are

388
00:35:01,440 --> 00:35:13,280
able to put that section in that section
that 6ft section in. Can it be granted

389
00:35:09,200 --> 00:35:17,200
that the be part of the conditional use
that staff they show it to staff and

390
00:35:15,599 --> 00:35:21,680
staff is able to approve that?
>> Yes. And that's how the the planner in

391
00:35:19,359 --> 00:35:26,160
his staff report has drafted it. It
would that's how it would be deferred to

392
00:35:23,760 --> 00:35:29,119
staff, but the onus is on the property
owners to provide that proof.

393
00:35:28,119 --> 00:35:32,000
[clears throat] What we're saying is you
don't have to come back for an

394
00:35:30,320 --> 00:35:36,000
additional conditional use, but there
needs to be proof provided that

395
00:35:33,920 --> 00:35:40,480
establishes ownership of the gap parcel.
If that occurs, it will be incorporated

396
00:35:38,480 --> 00:35:45,040
into the conditional use. Yes.
>> Okay. And then just the only other thing

397
00:35:42,320 --> 00:35:48,400
is stating it's a eight foot fence, not
a six.

398
00:35:45,839 --> 00:35:52,960
» Yes. and the the applicant has made an
oral amendment to his application here

399
00:35:50,079 --> 00:35:57,920
that's on the record. Um that's his
request that can as the planner said um

400
00:35:56,240 --> 00:36:04,160
be approved in that manner because
really the conditional use here is the

401
00:36:00,240 --> 00:36:07,839
setback not the height difference.
>> Are there any other questions or

402
00:36:05,520 --> 00:36:12,160
comments?
>> If not someone like

403
00:36:09,040 --> 00:36:18,240
» I guess Oh, that's fine. I guess for me
my my biggest concern is the zero flick

404
00:36:14,400 --> 00:36:25,520
setback. um going from five five to
zero. um what's the what's the earnest

405
00:36:21,680 --> 00:36:30,880
on you know the property owners um or
the adjacent property for you know

406
00:36:28,000 --> 00:36:39,040
maintaining that zero setback right so
it's his it's it's the property owner's

407
00:36:33,599 --> 00:36:45,119
fence right so weeds rubbish maintenance
of the fence things like that um he's

408
00:36:42,960 --> 00:36:48,720
going to have to go on the neighbor's
property to maintain that whether that's

409
00:36:47,280 --> 00:36:53,359
weed whacking whether that's staining
clean the back side of the fence, things

410
00:36:51,200 --> 00:37:01,520
like that, there's no there's no access
for him, right? And then if the adjacent

411
00:36:58,640 --> 00:37:05,760
property owner is mowing the lawn, his
lawn up to the property line, weed

412
00:37:03,520 --> 00:37:11,119
whacking whatever, then there's the
concern of damage to that fence

413
00:37:07,119 --> 00:37:16,640
potentially. So the not necessarily
opposed to the fence as a whole, but I

414
00:37:13,680 --> 00:37:25,400
think a zero setback seems
like there could cause some other issues

415
00:37:19,200 --> 00:37:25,400
or concerns within that that system.

416
00:37:26,240 --> 00:37:32,320
» I think you run into those problems with
any fence.

417
00:37:28,880 --> 00:37:36,560
» Yeah. But if it's five foot, right, then
you have the ability to be on both

418
00:37:33,920 --> 00:37:42,880
sides. Five a five foot setback as with
many of our properties in the village

419
00:37:39,119 --> 00:37:45,680
here is based on our normal lot sizes,
>> right?

420
00:37:43,200 --> 00:37:49,440
» And all the this this property along
with many of the other ones up and down

421
00:37:47,760 --> 00:37:55,359
Park Avenue are all non-conforming
smaller than usual park. So a 5 foot

422
00:37:52,320 --> 00:38:00,720
setback when you have a 75 ft out your
back door is not a big deal. When you

423
00:37:57,520 --> 00:38:05,520
have 15 feet out your back door
totally understand,

424
00:38:02,800 --> 00:38:08,160
» no, I agree. I just think there's,
>> you know,

425
00:38:06,000 --> 00:38:12,560
» I think also too, you know, to the
points there, as you've seen that that

426
00:38:10,079 --> 00:38:19,200
garage was built with
very limited with the minimal setback to

427
00:38:16,960 --> 00:38:23,119
lot. So with the height and the
distance, I think it's, you know, I

428
00:38:21,839 --> 00:38:26,119
don't think we're asking too much for
this.

429
00:38:26,320 --> 00:38:32,839
» I'm just for the record in this area
that we are in

430
00:38:34,800 --> 00:38:44,079
whatever it is. Um there is currently no
fence setback and actually on the other

431
00:38:40,320 --> 00:38:49,200
side of the 18 main street that fence
isn't able to be on the property line

432
00:38:46,720 --> 00:38:56,480
because the 118 driveway is actually
over the property line into the other

433
00:38:51,599 --> 00:39:01,599
parcel. So across 118 from us where the
garage is that fence is on the property.

434
00:38:59,680 --> 00:39:04,720
That's the zero set back on that one.
You go up and down part. It's all zero

435
00:39:04,000 --> 00:39:08,079
setbacks.
>> Yeah. And and furthermore, as I don't

436
00:39:06,480 --> 00:39:13,599
think it was made very clear, this fence
is only going

437
00:39:10,240 --> 00:39:18,960
» where where the
>> sir, can I finish? Uh it's [snorts] only

438
00:39:16,400 --> 00:39:22,560
going where the
uh adjacent property owner and this is a

439
00:39:20,800 --> 00:39:27,520
commercial property. Basically, this
this guy is a he he owns the guy that

440
00:39:25,680 --> 00:39:30,640
owns these lots has has owned owned
properties all over the place. and he

441
00:39:28,560 --> 00:39:34,079
built a garage there for his own use and
then rents out the front house. So, he

442
00:39:32,240 --> 00:39:37,119
doesn't even live there. So, the garage
is not going to block any patio or even

443
00:39:35,760 --> 00:39:44,880
come close to where the house is, where
the renters are. So, an adverse effect

444
00:39:39,839 --> 00:39:51,400
on um property values or whatever for
with with regard to the house or the

445
00:39:46,640 --> 00:39:51,400
rental is an absolute mood point.

446
00:39:52,000 --> 00:40:00,079
» Are there any other questions or
comments?

447
00:39:56,240 --> 00:40:04,079
I um I have a different view. I I have a
fence on my property which is I believe

448
00:40:01,920 --> 00:40:09,200
only five or six inches off but it's
been there since

449
00:40:06,800 --> 00:40:15,760
40 years ago
and um never had an issue with any of

450
00:40:12,480 --> 00:40:22,320
the weeds or anything like that. But uh
if it was a structure like a garage or a

451
00:40:19,520 --> 00:40:28,240
shed or something like that, I may be
looking at this differently. But when it

452
00:40:25,040 --> 00:40:33,839
comes to a fence and putting it on a
zero lot line or putting it right on the

453
00:40:30,720 --> 00:40:39,839
lot line, I have no problem with that at
all. I I think that's you got to

454
00:40:36,640 --> 00:40:45,359
differentiate between the two. And I've
seen over the years

455
00:40:42,640 --> 00:40:50,320
that when fences or even buildings are
built

456
00:40:47,119 --> 00:40:55,760
off the property line, there's a problem
maintaining on the other side for

457
00:40:53,200 --> 00:41:00,480
between the two properties. So, I think
there'd be less of an issue building it

458
00:40:58,079 --> 00:41:06,240
on the property line and building it
further up. Plus, again,

459
00:41:03,359 --> 00:41:11,200
the size of the lots, you're just you're
just not there's nothing left when you

460
00:41:08,880 --> 00:41:19,000
put the fence up.
So, I'm I'm fine with doing the zero lot

461
00:41:15,280 --> 00:41:19,000
line on this one.

462
00:41:19,760 --> 00:41:23,240
Any other comments?

463
00:41:23,520 --> 00:41:29,800
Well, then if there are no more
comments, would someone like to make a

464
00:41:26,800 --> 00:41:29,800
motion?

465
00:41:30,000 --> 00:41:37,839
like to make a motion to approve the
conditional use grant request uh by

466
00:41:34,319 --> 00:41:42,720
James Grabowski for the property on 128
Park Avenue uh with the conditions

467
00:41:40,640 --> 00:41:50,520
pointed out uh in the staff
recommendation and also making the

468
00:41:44,800 --> 00:41:50,520
change uh to allow the 8ft high fence.

469
00:41:52,240 --> 00:42:02,160
» Okay, we have a motion and a second. Is
there any further discussion?

470
00:41:57,359 --> 00:42:07,599
All in favor say I. I opposed. Motion is
hereby carried.

471
00:42:04,640 --> 00:42:11,760
Item D, review discussion and possible
action on conditional use grant request

472
00:42:09,599 --> 00:42:16,560
of applicant Ken Ward to construct an
8ft tall fence. The structure is

473
00:42:14,160 --> 00:42:22,240
proposed at 0 feet from the rear lot
line. A reduction from the required 5-ft

474
00:42:20,000 --> 00:42:27,760
offset for fencing over 4 and 1/2 ft
tall is permissibly permissible only

475
00:42:25,839 --> 00:42:34,040
through the issuance of conditional use
grant and legal non-conforming lot

476
00:42:30,480 --> 00:42:34,040
section 40.2104A.

477
00:42:34,240 --> 00:42:42,800
This 0.1
acre parcel located at 124 Park Avenue

478
00:42:40,079 --> 00:42:48,880
PWV0896018
is zoned R5 residential detach.

479
00:42:46,160 --> 00:42:54,400
Property owner applicant is Ken Ward.
Again, this is the same situation we had

480
00:42:51,359 --> 00:42:57,520
in the prior one. So, I'll ask the
commission, are there any questions,

481
00:42:55,920 --> 00:43:02,400
comments as it relates to this
particular item? Seems like everything

482
00:43:00,160 --> 00:43:06,880
that was stated
uh for the previous one by the planner

483
00:43:04,480 --> 00:43:12,640
is in this conditional use.
>> Is that true, planner? This this staff

484
00:43:10,000 --> 00:43:17,359
report is substantially similar to the
prior agenda item, right?

485
00:43:15,280 --> 00:43:21,839
Okay.
So, what's is there any question? Other

486
00:43:19,680 --> 00:43:28,000
questions or comments?
Do I have a motion? Then I'll make a

487
00:43:24,319 --> 00:43:33,440
motion to uh commission to approve the
conditional use grants application of

488
00:43:30,000 --> 00:43:39,760
Ken Ward's construct 8oot fence. Uh with
all the

489
00:43:35,599 --> 00:43:43,119
uh planners comments being applicable
second.

490
00:43:40,800 --> 00:43:47,920
» Okay, we have a motion and a second. Any
further discussion? All in favor say I.

491
00:43:46,960 --> 00:43:53,760
» I.
>> Opposed. Motion is hereby carried. Item

492
00:43:51,520 --> 00:43:58,240
E, review discussion and possible action
on conditional use grant and plan of

493
00:43:55,520 --> 00:44:03,760
operation request of Lake Country barge
to locate a boat lift and pure sale

494
00:44:00,319 --> 00:44:08,800
service repair and boat storage use and
and boat related use is only permission

495
00:44:07,200 --> 00:44:13,240
permissible through the issuance of a
conditional use grant section 40.3169.

496
00:44:13,440 --> 00:44:20,040
This request is located at 400 West
Sussex Street PWV0897993.

497
00:44:20,640 --> 00:44:29,760
The proposed development on a 4.32 acre
B5 light industrial district zone

498
00:44:26,960 --> 00:44:35,119
property. The property owned by Capital
Acquisition LLC and applicant is like

499
00:44:32,319 --> 00:44:39,839
country barge. I'll ask the board. I
hope everyone again has read through

500
00:44:36,800 --> 00:44:46,920
this. Are there any questions, comments
or corrections as to the way this has

501
00:44:42,319 --> 00:44:46,920
been presented this evening to you?

502
00:44:47,119 --> 00:44:52,960
It's already a boat storage lift
facility. You might as well leave it

503
00:44:51,200 --> 00:44:56,240
that way.
>> Okay. If there's no further Yes.

504
00:44:55,760 --> 00:45:00,319
Question.
>> So, these trees that aren't shown on the

505
00:44:58,400 --> 00:45:04,560
plan but are in the writing,
>> can they be shown to the staff before

506
00:45:02,079 --> 00:45:07,680
they
start planning them so we know actually

507
00:45:06,480 --> 00:45:11,920
where they are? Doesn't have to come
back here, but

508
00:45:10,720 --> 00:45:16,720
» review like where they're actually
located. Yeah, we've got condition four

509
00:45:15,280 --> 00:45:19,599
that says landscaping, fencing, and
outdoor storage layout shall be

510
00:45:18,079 --> 00:45:24,880
submitted to village staff for review
and approval prior to recording of the

511
00:45:21,119 --> 00:45:29,440
CU grant. Okay, thank you.
>> Are there any other questions or

512
00:45:26,240 --> 00:45:33,920
comments? Um, I'll just go ahead and uh
I'll make a motion that the village plan

513
00:45:31,680 --> 00:45:38,800
commission approve the conditional use
request for Lake Country Barge the

514
00:45:36,400 --> 00:45:44,960
property located 400 Sussex subject to
the conditions presented [clears throat]

515
00:45:40,800 --> 00:45:49,520
uh by staff in the agenda and packet.
>> Kowski second.

516
00:45:46,319 --> 00:45:53,680
» Okay, we have a motion and a second.
Any discussion?

517
00:45:51,599 --> 00:45:58,079
All in favor say I. I
>> I

518
00:45:54,400 --> 00:46:03,520
» opposed. Motion is hereby adopted.
Review discussion and possible action on

519
00:46:00,160 --> 00:46:09,599
certified map survey map proposed to
consolidate and reconfigure the existing

520
00:46:05,920 --> 00:46:18,839
two contiguous lots 851 East Wisconsin
Avenue into one lot. These 0.33

521
00:46:14,400 --> 00:46:18,839
acre parcels are PWV09000061

522
00:46:19,680 --> 00:46:24,440
and PWC 09000064

523
00:46:24,640 --> 00:46:34,079
and are currently zoned R5 residential
detach and FW floodway district. The

524
00:46:31,839 --> 00:46:39,599
applicants property owners are Dale and
Mary Stalber. Again, commission, I hope

525
00:46:38,000 --> 00:46:43,280
you've had a chance to read through
these. Are there any questions,

526
00:46:41,760 --> 00:46:48,560
comments,
corrections as the way these are

527
00:46:44,960 --> 00:46:53,160
presented this evening to the planner,
attorney or staff?

528
00:46:53,912 --> 00:46:58,640
» [cough]
>> The only comment I would have is um

529
00:46:56,880 --> 00:47:04,960
there's a signature block for village
board approval on this and I do not

530
00:47:01,520 --> 00:47:08,960
believe that this certified survey map
is dedicating any public improvements to

531
00:47:07,119 --> 00:47:13,440
the village which under your code would
be the only reason it has to go to the

532
00:47:10,640 --> 00:47:18,480
board. Um so just for the record and for
the applicant's knowledge this does not

533
00:47:16,160 --> 00:47:23,760
have to go to the board that oh
signature block can actually be removed.

534
00:47:21,839 --> 00:47:27,359
Okay. So, we can approve the survey map
and not have to.

535
00:47:24,880 --> 00:47:30,400
» Correct. If this commission approves it
unless the planner has other

536
00:47:28,800 --> 00:47:35,839
information. I don't believe there's any
improvements being dedicated here.

537
00:47:34,240 --> 00:47:39,880
» Then your code allows plan commission
approval for a certified survey.

538
00:47:40,240 --> 00:47:46,960
» Are there any other questions or
comments? Thank you, ma'am.

539
00:47:44,319 --> 00:47:52,480
Then I'll look for a motion.
I'll make a motion to approve the lot

540
00:47:48,880 --> 00:47:58,400
accommodation request at 4 or 851 East
Wisconsin for the planners comments.

541
00:47:56,640 --> 00:48:02,720
» Second.
>> Second, Ro. [cough]

542
00:48:01,359 --> 00:48:07,359
» All right, we have a motion and a
second. Are there any comments?

543
00:48:05,440 --> 00:48:12,400
All in favor say I.
>> I.

544
00:48:08,319 --> 00:48:15,520
» Oppos. Motion is hereby carried. Citizen
comments. This is an opportunity for

545
00:48:14,000 --> 00:48:19,839
citizens to share their opinions with
commission members on any topic they

546
00:48:17,359 --> 00:48:23,200
choose. However, due to Wisconsin open
meeting laws, the commission is not able

547
00:48:21,440 --> 00:48:26,960
to answer questions or respond to your
comments. All comments should be

548
00:48:25,200 --> 00:48:30,880
directed to the commission. Comments are
limited three minutes per speaker.

549
00:48:29,119 --> 00:48:34,400
Speakers are asked to please use the
podium and state their name and address

550
00:48:32,480 --> 00:48:39,160
for the record. Is there anybody here
that would like to make a comment at

551
00:48:35,920 --> 00:48:39,160
this time?

552
00:48:40,079 --> 00:48:45,240
Okay, then we're going to go right to
item seven, adjournment.

553
00:48:45,280 --> 00:48:49,760
» I move to adjourn. [laughter]
>> Okay, what are we doing?

554
00:48:48,800 --> 00:48:52,160
» I didn't think about it.
>> Got the game. I was going to get back.

555
00:48:50,960 --> 00:48:55,839
» Do we have a second?
>> Growski second.

556
00:48:53,440 --> 00:49:00,079
» Okay, we have a motion and a second. All
in favor say I.

557
00:48:57,599 --> 00:49:05,680
» I opposed.
>> We are hereby ajourn. Thank you everyone

558
00:49:02,559 --> 00:49:09,520
for your time this evening and comments.
>> Thank you to the commission.