Plan Commission

Minutes Village of East Troy Plan Commission & Architectural Review Board October 9, 2017 1. Call to order – President Seager called the meeting to order at 6:30 pm 2. Verification of open meeting notice - Administrator Suhm verified the meeting had been posted according to open meetings laws. 3. Roll call Present: President Seager, Commissioners Edward Arendt, John Grudnowski, Roger Hayes, Erin Seaverson, Benny Stichmann Excused: Trustee Renucci Others: Zoning Administrator Tim Schwecke, Building Inspector Scott Johnson and Administrator Suhm Youth in Government Representatives – Matt Kisting, Nick Schwall 4. Approve Plan Commission minutes of September 11, 2017 A correction to the adjourn time was noted, the time should state 6:52 p.m. Motion by President Seager, second by Commissioner Arendt to approve the minutes with the noted correction to the adjourn time. Motion carried. 5. Citizen participation Ron Biwer, 1891 Fremont St, stated he lives on the northwest corner of highway 20 and Freemont. He received a letter in the mail about parking on the grass. He distributed pictures to the Commission. He stated he believes it is a gravel area and he should be grandfathered because he has been parking there for many years and it has never been an issue. Mr. Biwer also discussed the increase in Booth Lake prices for fishing, stating it is too much and should be free for Veterans. His final topic to discuss was the increase in traffic on Highway 20. He suggested the Village look at a bypass, like the one in Mukwonago. Dale Slowik, 2944 Autumn Lane, stated when he moved into the Brookstone Subdivision there were no fences allowed, they could not park semis, etc. When he put in a concrete slab he needed to go through a process that he does not see being done now. He stated if there are ordinances that need to be complied with, tickets should be issued. He expressed concern that unless a neighbor tells on somebody, they can build whatever they want without any permit. He also discussed the parking of vehicles and numerous homes he observes where there is a vehicle parked in the driveway impeding on the Plan Commission Minutes October 9, 2017 Page 2 of 6 sidewalk area. Mr. Slowik mentioned the Booster Club meetings are on Mondays as well and he likes to attend both. He suggested the Village work with them to make sure meetings are not on the same dates. Steve Helm, 2913 Autumn Lane, stated he would like to discuss the application for an outbuilding in his subdivision, which will be somewhere around 750 square feet. He stated he was opposed because the lots are not large enough to accommodate this size of an outbuilding, it will be at the entrance of the subdivision and detracts from it, and the individual requesting it has several cars all parked on the road and does not use the existing garage. He stated he feels like an outbuilding of that size would make the property seem more like a commercial property. Kelly Jaeck, 2959 Autumn Lane, stated her home was the first occupancy in the subdivision out of 53 homes. She stated they had to go through a process to construct a 4x5 shed at that time and since then numerous fences and sheds have been constructed. She also stated her main concern is the items parked along the road are at the beginning of the subdivision or entrance. She explained every child needs to walk to the beginning of the subdivision for the bus stop. There are trailers parked near the entrance that make it difficult at times to see the kids that are crossing the roads. She also questioned how they would get vehicles to the outbuilding without driving across the grass. Administrator Suhm clarified there is not an application for an accessory building on the agenda. She stated the Commission would be reviewing the ordinance related to accessory buildings and garages. As the current ordinance is written, the accessory building is allowed and would not be reviewed by the Commission. She also stated the restrictions they are referring to such as fences being prohibited could have been related to homeowner’s association regulations. Ryan Stoychoff, 2897 Autumn Lane, stated his concern is a decision like this can result in a building that could impact property values in the neighborhood and that should be taken into consideration because these property owners pay taxes and have become frustrated with it. 6. Recommendation to the Village Board regarding temporary zoning for property to be annexed to the Village of East Troy pursuant to Section 66.0217(8) of the Wisconsin Statutes; East Troy Area Emergency Service District, applicant A. Possible recommendation by the Plan Commission to the Village Board Zoning Administrator Schwecke explained the property to be annexed is a portion of the East Troy Emergency Services District property. The Plan Commission Minutes October 9, 2017 Page 3 of 6 purpose of the annexation is to square up the property line between the McKone property and Emergency Services District property. The Plan Commission will need to recommend zoning of the property to the Village Board. He also clarified the detachment from the McKone property will remove that property from the Village. Motion by President Seager, second by Commissioner Seaverson to recommend to the Village Board that the property described in the annexation petition submitted by East Troy Area Emergency Service District be temporarily classified as Highway Business under the Village’s zoning regulations. Advisory vote – Motion carried. Plan Commission Vote – Motion carried. 7. Amendment of previously approved site plan for a detached garage and a new landscape plan for the elementary school located at 2131 Townline Road; East Troy Community School District, applicant; Robert Ellis, agent (application 2017-27) A. Possible action by the Plan Commission Robert Ellis, Director of Buildings and Grounds for East Troy Community Schools, explained they would like to add a 21’ x 24’ garage. It will be built out of excess stock from the Little Prairie School building project with a metal roof. The peak will not exceed 12’ and there will be an overhead and man door to the building. He also went over some modifications to the original landscaping plan. The purpose of the garage will be district storage including snow removal equipment storage. Motion by Commissioner Arendt, second by President Seager to approve the site plan including the landscaping plan as submitted. Commissioner Seaverson expressed hesitancy stating she wanted to see elevations prior to final approval. Commissioner Stichman stated he would be comfortable due to location not being highly viewed. The Commission discussed the building will be built from excess building materials for the adjacent building. Advisory vote – Motion carried. Plan Commission Vote – Motion carried with Commissioner Seaverson voting no. 8. Discussion related to potential revisions to draft ordinance for short-term rentals A. Possible action by the Plan Commission Plan Commission Minutes October 9, 2017 Page 4 of 6 Zoning Administrator Schwecke discussed the Plan Commission’s prior work on an ordinance to control short-term rentals. He stated there was a recommendation made to the Village Board. Prior to Village Board review, the Village Attorney was reviewing the ordinance and during that time the State Legislator adopted limitations on how municipalities can regulate short-term rentals with the state budget. He reviewed the new limitations that were passed and asked the Commission if they wanted to revisit the ordinance so their recommendation complies with state statutes. The consensus was to bring it back for review. Commissioners also discussed the fees and licenses required. Zoning Administrator Schwecke will bring the prior version and a new version back to the Commission for further discussion. 9. Discussion related to potential zoning code amendments relating to standards for flagpoles and parking vehicles and trailers in front yards of residential lots A. Possible action by the Plan Commission Zoning Administrator Schwecke stated the Commission was reviewing the fourth draft of the ordinance dated 10/5/2017, and reviewed the changes that were made at the last meeting. The Commission discussed the following regarding parking of trailers: • Whether the maximum of 30 feet should allow a combination of two trails with a total length of 30 feet together • The requirement for screening around trailers in the backyard and who is required to provide the screening • The potential to have different regulations in different aged neighborhoods of the Village, but concerns were expressed about that approach Commissioner Seaverson suggested separating the parking of vehicles issue from the rest of the ordinance since the Commission seemed to agree on the other sections of the ordinance in order to move forward with the public hearing. Zoning Administrator Schwecke clarified the ordinance for public hearing would contain everything except for section five, starting on page three of the draft ordinance. Motion by Commissioner Seaverson, second by President Seager, to approve the draft ordinance as written, with section five removed, and set the public hearing. Advisory Vote – Motion Carried. Plan Commission Vote – Motion carried. Plan Commission Minutes October 9, 2017 Page 5 of 6 10. Discussion related to potential zoning code amendments relating to definition of building height A. Possible action by the Plan Commission Zoning Administrator Schwecke reviewed his staff report and the building inspector’s request for clarification of building height measurement. The Commission discussed the proposed language and asked for clarifications. There were questions related to the “second floor” language in the definition and whether that was necessary. Commissioners requested illustrations for the next meeting. Zoning Administrator Schwecke will work with Building Inspector Johnson on the definition and bring it back to the Plan Commission. 11. Discussion related to accessory buildings and garages in residential districts A. Possible action by the Plan Commission Zoning Administrator Schwecke stated the topic was on the agenda for discussion purposes and related to the public comments made. He pointed out there are areas of the code that contradict each other as it relates to accessory buildings and garages in residential zoning districts. He also explained as the code is written, a building with a roll-up door is considered a garage and this needs to be clarified. The Commission discussed the sizes of buildings allowed per code in relation to the lot sizes and concerns that the size for accessory buildings allowed seems too generous. President Seager suggested the Commission consider larger accessory buildings requiring a conditional use so nearby property owners are notified and there is a review of the property and proposed structure. Zoning Administrator Schwecke advised the Commission they could require a conditional use, but cautioned that may be difficult to apply consistently. He also stated variances are only allowed for hardships. He suggested the Village could add exceptions to the code, but he again cautioned there would need to be criteria for granting an exception. Zoning Administrator Schwecke will work with the building inspector and bring back an outline of items for the Commission to consider. 12. Recommendations for future agendas None. 13. Adjourn Motion by President Seager, second by Commissioner Arendt to adjourn at 8:14 p.m. Motion carried. Plan Commission Minutes October 9, 2017 Page 6 of 6 Respectfully Submitted, Eileen Suhm Administrator Clerk/Treasurer