Plan Commission

Minutes Village of East Troy Plan Commission 2015 Energy Drive October 14, 2019 6:30 p.m. 1. Call to order- Administrator Suhm called the meeting to order at 6:30 p.m. 2. Pledge of Allegiance 3. Verification of open meeting notice– Administrator Suhm verified the meeting had been posted according to open meetings laws. 4. Roll call Present: Trustee Renucci, Commissioners Edward Arendt (left at 7:31 p.m.), Erin Seaverson (arrived at 6:43 p.m.), Roger Hayes, Benny Stichmann, Chris Bottoni Excused: President Seager Others: Administrator Suhm Motion by Commissioner Arendt, second by Commissioner Stichmann to appoint Trustee Renucci as chairperson. Motion carried. 5. Approve Plan Commission minutes of August 12, 2019 Motion by Commissioner Arendt, second by Commissioner Bottoni to approve the minutes as presented. Motion carried. 6. Citizen participation No comment. 7. One-lot certified survey map (CSM) merging two adjoining parcels (RA142000002 and RA142000003) located at 2535 Energy Drive; Frank and Linda Price, applicant (application 2019- 20) Zoning Administrator Schwecke reviewed his staff report dated October 9, 2019. He explained the CSM is straightforward and there are general and specific conditions listed in the staff report that an approval should be subject to. Trustee Renucci questioned if the applicant was aware of the conditions and Mr. Price acknowledged he was. Motion by Commissioner Arendt, second by Commissioner Hayes to recommend approval to Village Board of the certified survey map based on the general conditions and six specific conditions listed in the staff report. Motion carried. 8. Two-lot certified survey map (CSM) for the property located at 2040 Beulah Avenue; East Troy Community School district, applicant (Kathy Zwingzdas, agent), (application 2019-21) Kathy Zwirgzdas, Business Manager, from East Troy Community School District was present. Zoning Administrator Schwecke reviewed his staff report dated October 9, 2019. He explained the property currently consists of four parcels. The intent is to form two lots through the certified survey map. Access for the lot adjacent to Beulah Avenue will be provided by an easement on lot 2 entering from Division Street. The ultimate use of lot 2 is not known at this time. The School Board’s intent is to list lot 2. It is possible the school district may come back and want to modify the easement depending on the use. There are four general conditions of approval and seven specific conditions listed in the staff report. Village of East Troy Plan Commission Minutes - continued October 14, 2019 Page 2 ________________________________________________ Motion by Commissioner Stichmann, second by Commissioner Arendt to recommend to the Village Board approval of the certified survey map based on the general and specific conditions listed in the staff report. Motion carried. 9. Discussion related to driveway standards in Section 510-91.1 of the zoning code as applied to three-car garages Commissioner Seaverson arrived at 6:43 p.m. Zoning Administrator Schwecke stated the Building Inspector contacted him and explained three car garages are not working well with the development standards created in 2017. He explained this specifically related to section 510-91(1)(2) of the code. The crux of the issue is the requirement that the taper for a driveway begin eight feet from the right-of-way to comply with the 24-foot width requirement at the right-of-way (for a driveway less than 40 feet in length). Steve Bartle and Sondra Bartle of 1655 Thomas Drive were present and distributed information related to the taper requirement along with pictures of their property. Mr. Bartle explained this taper requirement creates an angle his third garage stall, that prohibits him from accessing it with his truck while remaining on the paved area. He also explained he is noting other homes with decorative stone or mud where they need to cut across an area that is not paved because they cannot conform to the angles of the driveway with their vehicles. Commissioners discussed the original intent of the modification to the code was to limit the amount of a front yard that would be paved. They also discussed the intent of the taper distance from the right-of-way and driveway width allowed at the right-of-way was to prompt garages, or third stalls, to be further from the right-of-way and possibly set back from the front of the home. Another option proposed was not to align the edge of the driveway with the edge of the garage, but to center it and taper it on both sides of the driveway. The approval process for building a new home was questioned. Zoning Administrator Schwecke explained when a home is to be built, they apply for a zoning permit and submit a plat of survey. The examples presented to the Commission in the packet depicted homes that complied with the requirements. However, when homeowners are designing the driveway after the home is built are noting the issues with angles. Zoning Administrator Schwecke explained options for the Commission including they could continue to think about the topic, direct staff to write langue for a text amendment, or the property owner can present a text amendment to the Plan Commission. Commissioner Stichmann stated if the Village is going to continue to allow a 25-foot setback for garages, the Commission may want to consider reducing the distance the taper can begin from the right-of-way. Commissioner Seaverson expressed concerns related to safety issues if the width of the driveway is greater than currently allowed at the right-of-way near sidewalks. Commissioners also expressed a desire to hear from more residents if there are more circumstances where this is problematic. Village of East Troy Plan Commission Minutes - continued October 14, 2019 Page 3 ________________________________________________ Motion by Seaverson, second by Commissioner Arendt to leave section 510-91 as is. Motion carried 5-1 with Stichmann voting no. Commissioner Arendt left the meeting at 7:31 p.m. 10. Discussion related to determining nonconforming use status of the property at 2787 Main Street (RXUP 00146) Zoning Administrator Schwecke explained there are four adjoining parcels and a trucking company leasing the property at this location. They would like to determine what the extent of the nonconforming use is. He reminded the Commission that a nonconforming use cannot be expanded or changed. It needs to be determined what the use was when it became nonconforming. This process can be initiated by the Zoning Administrator, Plan Commission, Village Board, or property owner. He stated he is bringing this to the Plan Commission’s attention to start the process for this particular property. The lessee was present and stated he had no concerns with proceeding. Motion by Commissioner Seaverson, second by Commissioner Bottoni to direct staff to start process described in Section 510-162A of the zoning code to determine the nature and extent of the nonconforming use located at 2778 Main Street, which involves the following four parcels: RXUP 00146, RXUP 00146E, RXUP 00146C, and RXUP 00154. Motion carried. 11. Comprehensive Plan work session Zoning Administrator Schwecke reviewed the documents that were distributed to the Commission. He explained the comprehensive plan was split into two documents, the background document and the policy document. The Commission also received the future land use maps. He asked the Commission to review these documents prior to the November meeting so they can be discussed at that time. 12. Recommendations for future agendas (no packet materials) Pending Items (no packet materials) 1. Possible amendment of the zoning code regarding pavement requirements to access detached buildings 2. Possible amendment of the zoning code regarding metal shipping containers (for storage) 3. Possible amendment of the zoning code regarding tree protection standards for new development 4. Zoning Administrator Schwecke discussed the natural resources site evaluation worksheet from the zoning code. He noted with a property such as Frank Price’s (on the agenda for a CSM) half of this industrial zoned property is woodland. The worksheet requires this area to be subtracted because it is undevelopable, but it also requires it for a floodway, flood plain, and flood fringe which results in double counting. Based on this, they could not expand on this property. Commissioners discussed they may want to incorporate tree protection and a need to leave a buffer yard. Zoning Administrator Schwecke will draft language to review at the next meeting. Village of East Troy Plan Commission Minutes - continued October 14, 2019 Page 4 ________________________________________________ Commissioner Stichmann stated he would also like to see access to detached buildings added to a future agenda. 13. Next meeting: November 11 (if needed) 14. Adjourn Motion by Commissioner Seaverson, second by Commissioner Stichmann to adjourn at 8:08 p.m. Motion carried. Respectfully submitted by Eileen Suhm Administrator