Minutes form 9-3-25

TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday September 3, 2025 Chairman Topczewski called the meeting to order at 6:30 p.m. and stated the meeting had been appropriately noticed. Roll Call Plan Commission: Commissioners, Bratz, Moulas, Usarek, Bell, Schuett, Supervisor Clabault and Chairman Topczewski were present. Town Board: Chairman Topczewski, Supervisors Boucher, Clabault, Wrasman and were present. Supervisor Yerke was absent. Also present: John Macy, Town Attorney; Gail Obradovich, Deputy Clerk-Treasurer; Ben Greenberg, Town Planner, and Kristen Hoss, Planner. Meeting minutes of August 8, 2025 Plan Commission Action: Motion by Commissioner Bratz to approve the minutes of August 8, 2025 as presented, second by Chairman Topczewski, all ayes; motion passed. Town Board Action: Motion by Supervisor Clabault to approve the minutes of August 8, 2025 as presented, second by Chairman Topczewski, all in favor; motion passed. Report by Building Inspector regarding any alleged or outstanding violation(s) The Building Inspector had reported he had no new violations to report. Potential termination of conditional use for Commercial Vehicle Parking on property located at S100W31420 CHT LO; Robert and Melissa Sund, property owners; application 2025-19. (Tabled from June 4, 2025) The item was held over until the end of the meeting to allow the property owners a chance to appear. They did not. Continuation of public hearing with Town Board (Initial hearing adjourned at the June 4, 2025 meeting). The Chairman reopened the Public Hearing The Planner gave an overview of the events to date. Mr. Greenberg explained the matters to be addressed in his staff report dated May 29, 2025. There were no public comments, the Chairman closed the Public Hearing. Town Board action: Motion by Supervisor Clabault to approve the termination of conditional use 2022-05, subject to the following conditions: (1) The Town Board directs the Zoning Administrator to draft a decision notice to include the following: a) A statement that the specified use is terminated, b) A description of the land use being terminated, c) The reasons for the decision noted by the Town Board based on the decision criteria listed in this division, d) Requirements for the removal of any building or other structure, if any, on the subject Joint Plan Comm/Town Board Minutes September 3, 2025 Page | 2 property that are related to the terminated use and that are not otherwise permitted in the zoning district in which the subject property is located, e) A statement that the decision may be appealed as provided for in this division, f) Other information the town board or zoning administrator deems appropriate, g) The signature of the zoning administrator on behalf of the town board, and h) The date of the decision. (2) The Zoning Administrator shall draft a conditional use termination order in a form approved by the Town Attorney. (3) The property owner shall sign the termination order within three (3) months of this date, and (4) the termination order is recorded at the Waukesha County register of deeds office if conditions 1-3 are satisfied. Second by Chairman Topczewski, all in favor, motion passed. Special exception from the Sec. 36-733 Placement of detached accessory building standards, for a detached accessory structure located at S66W28406 River Road; applicant, Bruce and Karen William, applicants (application 2025-27) Chairman Topczewski gave a summary of the request. Ms Hoss reviewed the application. Mr. Williams was in attendance and spoke. Plan Commission action: Motion by Commissioner Bratz to recommend to the Town Board the approval of the petitioner’s request, subject to the terms and conditions listed below. Conditions: (1) The property owner must obtain a zoning permit. (2) The property owner must obtain a building permit for the approved building within 9 months of this date and complete the authorized work within one year of obtaining the permit. (3) The proposed building must comply with all applicable requirements of the Town’s zoning regulations. (4) The property owner must sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within six months of the decision. (5) Prior to issuance of a building permit for the proposed accessory building, the petitioner must file a deed restriction in the office of the county register of deeds, as approved by the Town Attorney, setting forth the nature of the approval and any conditions that may be imposed; In addition, the deed restriction must include a provision that prohibits the owner from applying for another special exception to place any other building in front of the house. (6) This approval will automatically expire 12 months after the date of approval unless substantial work as authorized by the approval has commenced and continues in good faith to completion and that the zoning administrator may, with cause, grant a one-time extension not to exceed 12 months; (7) Professional Fees: Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of consulting fees for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions. (8) Payment of Charges: Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval. Second by Commissioner Usarek. All in favor, motion passed. Joint Plan Comm/Town Board Minutes September 3, 2025 Page | 3 Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Planning Commission subject to the terms and conditions listed. Second by Supervisor Clabault. All in favor, motion passed. General discussion and overview of Residential Development Permit Evaluation Process. (Item 2025-28) This was an informal review and discussion - no decisions were made. Discussion followed Public Works Committee Recommendation from Public Works Committee to approve the Proposal from Kettle Moraine Heating & Air Conditioning LLC for A/C Replacement along with thermostats. The Chairman summarized the request. Discussion followed Town Board Action: Motion by Supervisor Clabault to accept the recommendation from the DPW Committee to approve the proposal from Kettle Moraine Heating & Air Conditioning subject to verification of a Five-year warrantee. Second by Supervisor Boucher. All in favor, motion passed. Town Planner report (no packet materials) Recommendations for future agendas Miscellaneous updates (none) A. Phantom Lake Management District B. Fox River Commission Adjournment Plan Commission action: Motion by Chairman Topczewski to adjourn at 7:23 p.m., second by Commissioner Bratz. All ayes, motion passed. Adjournment Town Board action: Motion by Chairman Topczewski to adjourn at 7:30 p.m., second by Supervisor Boucher. All ayes, motion passed. Respectfully submitted, Gail Obradovich Deputy/Clerk-Treasurer Approved Oct. 8,2025