***TOWN OF MENASHA***

PLANNING COMMISSION MEETING

WEDNESDAY, MAY 17, 2006 at 5:00 PM

MUNICIPAL COMPLEX - 2000 MUNICIPAL DRIVE

 

CALL TO ORDER: Chairperson Bellmer called the Planning Commission Meeting of May 17, 2006 to order at 5:01 PM.

 

 

PRESENT:       Chairperson:                 Alvin Bellmer

Commissioners:            Dennis Jochman            Kris Koeppe
Terry Buck                   Michelle Schaetz           Michael Van Dyke

Staff:                            George Dearborn, Community Development Director

Mark Mommaerts, Associate Planner

Lucas Telfer, Deputy Assessor

Lori Jencks, Building Inspector

 

EXCUSED:      None

 

 

ABSENT:        1 Commissioner position is vacant

 

 

ALSO PRESENT:       Robert McBriar            Marta Andrew              Tom Shepeck               Scot Grishaber

                                    Russ Handevidt            Bill Degeneffe               Scott Behren                Joe Nemecek

                                    Barb Hanson

 

 

PLEDGE OF ALLEGIANCE:

 

 

APPROVAL OF MINUTES – April 19, 2006

The minutes of April 19, 2006 were reviewed.  Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the minutes of the April 19, 2006 meeting.  Motion carried unanimously.

 

APPROVAL OF MINUTES OF SPECIAL MEETING – May 3, 2006

The minutes of May 3, 2006 were reviewed.  Motion by Chairperson Bellmer, seconded by Commissioner Buck to approve the minutes of the May 3, 2006 meeting.  Motion carried unanimously.

 

COST BENEFIT ANALYSIS

The cost-benefit table for April shows that there is a positive cost-benefit as the commercial & industrial pays for residential developments.

NEW ITEMS OF BUSINESS:

  1. Sign – Jason, Sign Works – Jump ‘N Jive Java – 1575 Plaza Drive – 008-0233-06

Department of Community Development Director George Dearborn introduced the item.

 

Scott Behren of Jump ‘N Jive Java stated that the white in the “Java” will be yellow.

 

MOTION:  Commissioner Jochman, seconded by Commissioner Schaetz to approve the Sign witht eh notice of the change in the sign color  Motion carried unanimously.

 

  1. Certified Survey Map – Leroy Schaefer – 921 Clover Street – 008-1837 & 008-1838

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Buck to approve the Certified Survey Map with the following conditions: 

·        All taxes and assessments shall be paid prior to the Town affixing signatures on the Certified Survey Map.

 

Motion carried unanimously.

 

  1. Variance – Russ Handevidt – 1801 W. Butte des Morts Beach Road – 008-3198

Department of Community Development Director George Dearborn introduced the item.

 

Chairperson Bellmer asked about the ordinary high water mark and if all parties agreed to where that line is located.

 

Director Dearborn stated that the County and the DNR verify the ordinary high water mark and that the Town did not measure the distance between the deck and the ordinary high water mark but the applicant stated in his application that it is 53 feet.

 

Martha Andrews, of Pages Point Road, stated that she had neighbors who prior to building had plans and went through the permit process but were not able to proceed because of the existing rules for setbacks.  She also stated that she believes a violation has been on going since the inspector noticed this over a year and a half ago.  She stated that she believes that last year the County told the applicant to remove the structure.  She also stated that at the time of building the structure, the applicant was a Town Official and knew the ordinances.  She concluded by stating that all Town property owners should be treated equally and in this case no variance should be granted.

 

Russ Handevidt, the applicant, of W. Butte des Morts Beach Road, stated that incorrect information is being stated by others and that the house was built in 1959 with a deck that was 38’x7’ and that it is not a case of building a deck without a permit.  He stated that in 1984 the deck was removed because of rotting wood.  The floor joists of the house supported the deck and water was getting into the house so the deck needed to be removed to save the house.  He also stated that the Town Building Inspector, Lenny, told him that he could remodel the deck and that a permit was taken out in 1998.  He stated that the permit does not specify the deck because many other item were being remodeled at the same time.  He also stated that Lenny told him what to write on the permit application.  He also stated that the 2000 aerial is wrong because he fell off the roof of his house on the opposite side of the house from the deck in 1998 and the deck was there.  He stated that Lenny inspected the house after the remodeling was done in 1998.  He continued by stating this is a political issue and since 1971 he has never done anything against the Town and he has pulled permits many times.  He stated that this was turned over to Winnebago County for prosecution and was the only property done so out of nearly 6,000 properties and he has had to pay $1500 or double the fee for a variance because the deck is already there and he has paid nearly $2000 for attorney fees and he isn’t done yet.  He continued to state that no one from the Town notified him of the violation and that the Town just turned it over to the County instead.  He stated that the deck does not change the footprint of the house because it is suspended 7-8’ in the air.  He also stated that he has two neighbors who received variances.  One variance was for enclosing stairs for disability purposes and adding a room.  The other was for an extension of a living room and there wasn’t any justification for it.  He stated that he did what he was told to do by Town staff and now he is paying for these errors.  He commented that the DNR allows this as long as it doesn’t increase the value of the property by more than 50%.  He stated that he is trying to rectify errors by Town staff and follow procedures of the Town and that this will also go through the court system. 

 

Chairperson Bellmer asked when the original deck was removed and if there was a permit for a deck in 1998.

 

Mr. Handevidt responded that it was removed in 1984 and that he got information from the County that said that if the deck was cut off then he can’t put it back up.  He clarified that the original deck floor was supported by the floor joists of the house and that they cantilevered out 7 feet.  He also stated that there were too numerous remodeling items to list on the permit.

 

Director Dearborn stated that the files show no permit for a deck, but there was a permit issued for siding and for roofing.

 

Chairperson Bellmer asked if the County required permits for the siding or roofing.

 

Director Dearborn stated that the County requires a zoning permit if anything is be changed to the site or the footprint of the building.  The variance is for a lack of a zoning permit for a deck, not the deck itself and that the County is the final authority.

 

Chairperson Bellmer stated that the photos show what appears to be a 10 foot deck with supports.

 

Mr. Handevidt stated that he cannot cantilever the deck because of the floor joists.

 

Chairperson Bellmer asked why he added the additional 3 feet to the deck.

 

Mr. Handevidt replied that it was so he could use the deck better and place a table and chairs on it.

 

Commissioner Jochman asked about the 1998 permit and if the applicant had a zoning permit or inspection records.

 

Commissioner Schaetz asked who Lenny was.

 

Director Dearborn replied that Len was the former Building Inspector who left in 2001.

 

Commissioner Schaetz stated that the variance is for the shoreland zoning setback, not the deck.

 

Director Dearborn responded that it is a setback issue.

 

Commissioner Schaetz stated that the setback is something that needs to be addressed and that the house is probably grandfathered in.

 

Director Dearborn stated that the Town has choosen to make recommendations to the County for variances, but the County doesn’t have to follow the Town’s recommendation.

 

Mr. Handevidt stated that he followed information given to him by staff and by the County and now he is paying for it.

 

Director Dearborn replied that if there was an error, it is unfortunate, but it does not make it right and that there is no evidence that there was an error as Mr. Handevidt stated.

 

Ms. Andrews asked the Building Inspector how long a permit is good for.

 

Lori Jencks, Town Building Inspector, stated that at that time, permits were good for 2 years.

 

Ms. Andrews stated that there is no evidence that the aerials are wrong.

 

Director Dearborn stated that staff will verify the dates of the aerials.

 

Ms. Andrews stated that the deck should have been completed in 2000 if the permit was pulled in 1998, but the 2000 aerial does not show that.

 

Mr. Handevidt stated that he does not have any evidence that a permit was taken out, but that he does not lie and he stated that he took out a permit.  He stated that Lenny told him that he could do it.  He also stated that he can bring witnesses to confirm the 1998 completion date.

 

Commissioner Jochman noted the correspondence dated November of 2004, January of 2005 and February of 2005 from the County stating that a variance must be applied for by March of 2005 and asked what happened to that.

 

Mr. Handevidt responded that hey was told that a variance was not doable because it was in County Court action.  He stated that he was told by George not to file a variance.  He stated that his attorney told him that if the Town denied the variance, then the Town will be in court as well.

 

Director Dearborn stated that staff has no knowledge of County Court action and that staff will advise applicants of dates and refer them to the County, not tell them not to file.

 

Mr. Handevidt stated the he received forms passed on by the Town Clerk and the Clerk told him that George said he should not apply for a variance.

 

Commissioner Jochman stated that maybe some of the neighbors should come in to discuss this.

 

Chairperson Bellmer asked staff if there were any neighbor comments that emailed or phoned in.  He also stated that he could understand repairing the original 7 foot deck and can understand the use, but that some liberty was taken by adding 3 feet.  If the deck stayed at 7 feet, then it would be easier to approve.

 

Commissioner Schaetz asked if the existing deck meets regulations.

 

Director Dearborn stated that it has not been inspected.

 

Mr. Handevidt stated that the application that was filed states 10 feet because of what was already built.  He also stated that this is not official, but it appears the County would allow a deck at 7 feet.  He also stated that the deal was not discussed until after the variance was filed, which is why the application states 10 feet for the deck.

 

Commissioner Jochman asked if the County will accept the deck at 7 feet.

 

Director Dearborn replied that staff is unaware of any deals and that the Town can only act on this application that was submitted.  He also stated that once a structure is removed and it is gone for more than 1 year, then if it is rebuilt it has to follow current codes. 

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Jochman to deny the Variance as the Variance does not meet all the criteria for a Variance.

 

Bill Degeneffe, of Palisades Properties, asked how this variance would affect anyone else.

 

Commissioner Schaetz responded that if there was an exception for one person, then why not the next.  There has to be a precedent set.

 

Motion carried unanimously.

 

  1. Town B-5 Conditional Use Permit – Scot Grishaber, Mainstreet Partnership – Retail Center – 1395 West American Drive – 008-0239

Department of Community Development Director George Dearborn introduced the item.

 

Commissioner Jochman asked the applicants if they were aware of the conditions.

 

Director Dearborn responded that they were notified.

 

Barb Hanson, Lakeshore Drive, asked about the other tenants.

 

Director Dearborn stated Tom’s Drive In is the only tenant staff is aware of at this time.

 

MOTION:  Commissioner Jochman, seconded by Commissioner Koeppe to approve the B-5 Conditional Use Permit with the following conditions: 

·        A landscaping Plan be submitted to and approved by the Department of Community Development

·        A 5-foot concrete sidewalk shall be constructed along West American Drive with a pedestrian connection from the sidewalk to the building.

·        All roof-top mechanical equipment shall be screened from view from traffic on Hwy 10.

·        The applicant shall submit to Community Development the uses of the tenant spaces for staff review of appropriateness in the zoning district.  Uses deemed questionable by staff shall be brought before the Plan Commission for approval.

·        If the drive-thru intends to use speakers then they shall be designed to not direct any sound to the adjacent properties.  No sound from the operations of any speakers used at the drive thru, or for any other purpose, shall be heard beyond the property lines.  For the purpose of enforcement, any decibel reading taken at the property lines of the development shall not exceed the ambient decibel readings found at the property lines.

·        Detailed Site Plan – A detailed site plan meeting the requirements of the Town of Menasha Site Plan Review Ordinance & WCTCZO Chapter 17.13-B shall be submitted to the Community Development. The proposal must meet WCTCZO Chapter 17.13-B in its entirety including the following:

 

Architecture

·        Elevations – All architectural facades shall meet WCTCZO 17.13-B.  Architectural elevations, floor plans, material samples, and color samples shall be submitted to the Department of Community Development for approval and shall meet WCTCZO 17.13-B in its entirety. 

·        Setbacks – All buildings shall meet the required setbacks per WCTCZO Chapter 17.13-B.

Landscaping and Screening

·        Landscaping – A landscaping plan shall be submitted by the applicant that meets or exceeds the standards of the Town of Menasha Municipal Code Chapter 29 and WCTCZO Chapter 17.13-B. 

·        Refuse Storage – Dumpster enclosures shall meet WCTCZO Chapter 17.13-B and shall be submitted to the Department of Community Development.

·        Services – Air conditioning, gas and electric units shall be identified and screened.

·        Fences – No fences are identified.  All fences require separate application and review. 

·        Roof Mounted Equipment –  Applicant shall identify RMEs, if any exist, and provide detail on how they will be screened from view.

·        Open Space – The applicant shall meet WCTCZO 17.13-B regarding 30% open space. 

·        FAR (Building Floor to Site Area Ratio) – The applicant shall meet the requirement for FAR per WCTCZO 17.13-B and submit information to determine the FAR on the site.

·        Outside Storage –No outside storage of materials shall be allowed.  All business, servicing, processing, and storage shall be conducted within completely enclosed buildings per WCTCZO 17.13-B.

Traffic and Access

·        Parking – Parking shall meet the requirements of WCTCZO 17.26 and 17.13-B.

·        Access – Driveway curb cuts shall require an excavation permit and escrow through the Street Department.

Streets and Improvements

·        Improvements – All improvements shall meet the Town of Menasha Standard Specifications for Storm Sewer and Street Construction.

Lighting

·        Lighting – All fixtures including exterior building fixtures shall be direct cut-off fixtures.  Lighting requirements shall meet WCTCZO 17.13-B.

Stormwater and Erosion Control

·        Stormwater and Erosion Control – A Stormwater and Erosion Control Plan shall meet WCTCZO 17.13-B and Town of Menasha Municipal Code Chapter 31 in its entirety.

General

·        Signs –  Any proposed signs require separate application and review. 

·        Accessory Structures – Any future accessory structures or additions will require a new Town B-5 Conditional Use Permit.

·        Radio and Television Antennas – No antennas are indicated.  Radio and Television Antennas shall meet WCTCZO 17.13-B.

·        Satellite Dishes – No satellite dishes are indicated.  Satellite dishes shall meet WCTCZ 17.13-B.

·        Noxious uses - Uses that are offensive due to odor, smoke, fumes, dust, noise, vibration, radioactive emissions, pollution, or excessive danger of fire or explosion shall not be allowed, per WCTCZO 17.13-B.

Fire Protection

·        Fire Protection – The applicant shall meet all requirements of Town Ordinances on Fire Projection and all other applicable fire codes.

Utilities

·        Utilities – The location of all utilities shall be submitted by the applicant.  The applicant shall meet all requirements of the Town of Menasha Utility District Ordinances and Regulations.

 

Commissioner Schaetz asked if the developer was going to supply bike racks.

 

Director Dearborn stated that the Commission could condition that bike racks be provided.

 

Scot Grishaber, of Mainstreet Partnership, stated that they could provide bike racks near the Tom’s end of the building and possible some other spots as well.

 

Chairperson Bellmer asked if the shared driveway lines up with the Express driveway across the street.  He also asked the developer if they were going to extend the shared driveway to the southern property as well.

 

Mr. Grishaber stated that would depend on the type of development to the south.

 

Commissioner Jochman suggested that the developer should reconsider the dumpster location if they plan to extend the driveway.

 

Motion carried unanimously.

 

  1. Final Plat – Davel Engineering – Jacobsen Meadows – Jacobsen Road between Irish Road & Clayton Avenue – 008-0215-01, 008-0552-08, 008-0550, 008-0545-06, 008-0545-06-01 & 008-0543

Department of Community Development Director George Dearborn introduced the item.

 

Chairperson Bellmer stated that it looks like the Preliminary Plat.

 

Director Dearborn stated that there are minor revisions to Jacobsen Road, which is not apart of the subdivision plat, and that the road will bend around the wetlands.

 

MOTION:  Chairperson Bellmer, seconded by Commissioner Van Dyke to approve the Final Plat called Jacobsen Meadows with the following conditions:

·        All taxes and assessments shall be paid prior to the Town affixing signatures on the Final Plat.

·        The Developer’s Agreement shall be executed prior to the Town affixing signatures on the Final Plat.

 

Motion carried unanimously.

 

  1. Revision of Conditional Use Permit – Bill Degeneffe – Palisades Condos – O’Connor Way & Stanton Circle – 008-1796, 008-0040 & 008-0040-03

Department of Community Development Director George Dearborn introduced the item.

 

Chairperson Bellmer asked if the berm will be on the condo property.

 

William Degeneffe, of Palisades Properties, stated that the berm will be on the commercial property (property to the south of the condos).

 

MOTION:  Commissioner Jochman, seconded by Commissioner Schaetz to approve the Conditional Use Permit revision with the following conditions: 

·        A berm easement shall be provided along the northern portion of parcel 008-0040-01, for the area of the berm, to ensure that proper screening will be in place if the property is ever sold. 

·        An attractive fence, with a gate, shall be constructed along the gap of the berm to provide screening between the two developments.

 

Robert McBriar, of Baldwin Court, asked if there was a break in the berm.

 

Mr. Degeneffe responded yes, but not where it is now.  The berm will start about 20’ from the west property line and then continue through the property to the east.  The break in the berm is so that the Fire Department has access to within 150’ of all sides of the condos.

 

Chairperson Bellmer asked if this was the only condo that has this problem.

 

Mr. Degeneffe responded that there are more and that fire lanes will be used to resolve those problems.

 

Mr. McBriar asked if a fence could be put on the berm to stop kids from riding their bikes over the berm.

 

Mr. Degeneffe stated that he has no trespassing signs posted and the berm will provide the best screening.

 

Chairperson Bellmer asked about maintenance of the berm.

 

Mr. Degeneffe stated that the commercial property will maintain the berm.

 

Motion carried unanimously.

 

  1. Condominium Plat – Carow Land Surveying – 1196 & 1194 Blake’s Way – Lot 10 of Airport Grove Subdivision

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Commissioner Van Dyke, seconded by Commissioner Jochman to approve the Condominium Plat with the following conditions: 

  • All taxes and assessments shall be paid prior to the Town affixing signatures on the Condominium Plat.

 

Motion carried unanimously.

 

 

OLD ITEMS OF BUSINESS:

  1. Ordinance – Chapter 6: Land Division Control Ordinance

Department of Community Development Director George Dearborn introduced the item.

 

MOTION:  Commissioner Jochman, seconded by Commissioner Schaetz to approve the latest draft of the amendment to the Land Division Control Ordinance, Chapter 6 of the Municipal Code.  Motion carried unanimously.

 

 

OTHER BUSINESS:

  1. Development Report – Roehl, Ogden Development & Winding Creek Estates are looking to extend utilities.  The utilities will be extended across the Secura property.  Directional signage for Portside has be put up.
  2. Building Permit Report - Single-family home construction is slowing, but the Commission just approved the plat for Jacobsen Meadows and Winding Creek Estates is starting construction.  The commercial development is also starting to pick up.

 

 

COMMUNICATIONS:

None for this meeting.

 

 

ADJOURNMENT:

MOTION:  Chairperson Bellmer, seconded by Commissioner Koeppe to adjourn the meeting of Mary 17, 2006 at 6:38 PM.  Motion carried unanimously.

 

 

 

 

Mark J. Mommaerts

Recording Secretary