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090826 Board of Zoning and Housing Appeals Agenda and Supporting Documents.pdf

City of Oak Creek · Milwaukee County · meeting of Sep 3, 2026 · Agendas

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BOARD OF ZONING AND HOUSING APPEALS September 8 , 202 6 6 : 3 0 P.M. Lake Vista Conference Room 8040 S. 6 th Street Oak Creek, WI 53154 (414) 766 - 7000 Randy Gregorek – Chair Donald Garcia Dwyer Stacey Henne Daniel Jakubczyk Peter Wagner Richard Yerkey The City’s Vision Oak Cr eek: A dynamic regional leader driving the future of the south shore. Visit our website at www.oakcreekwi.org for the agenda . 1. Call Meeting to Order 2. Roll Call 3. Approval of Minutes – August 3, 2026 4. Hearing of file a. Case #26-004, Suzy’s Cream Cheesecakes 9911 S. Howell Ave., Tax Key: 924-9008-000 (Aldermanic District #5), 5. Deliberate the request of Suzy’s Cream Cheesecakes 6. Action on Case #26-004 Adjournment. Dated this 26th day of August 2026 Posted 08/26/26 sd Public Notice Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign langua ge interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contac t the Oak Creek City Clerk at 414-766-7000, or by mail at 8040 S. 6 th Street, Oak Creek, Wisconsin 53154. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may attend the above-stated meeting to gather information; no action will be taken by any governmental body at the above -stated meeting other than the governmental body specifically referred to above in this notice 1 MINUTES OF THE BOARD OF ZONING APPEALS MONDAY , AUGUST 3 , 202 6 6 : 3 0 p.m. Chairman Gregorek called the meeting to order at 6: 3 0 p.m . The following Board Members were present at roll call: Member s Jakubczyk , Henne , Wagner , Yerkey , and Garcia - Dwyer . Also present: Secretary Lipp and Planner Nic D’Amato . Approval of Minutes - January 5, 202 6 Member Henne m oved to approve the minutes of the January 5 , 202 6 , meeting . Member Wagner seconded. On roll call, all voted aye , except Members Wagner, and Garcia - Dwyer who abstained. C ASE 2 6 - 00 3 DSJ GENERAL CONTRACTING LLC DONNIE SIMS 10001 S. 13 TH ST. TK#: 926 - 0043 - 000 Chairman Gregorek called the hearing to order at 6:15 p.m. Member Lipp read the public hearing notice into the record. The Board heard sworn testimony from Planner Nic D’Amato, who provided a summary of the variance requests. The first request is for a side yard variance from the required 30 feet to 10 feet; the second request is for a 65 % garage façade to front façade, which exceeds the allowed 50% maximum. Planner D’Amato explained that the lot itself is legal non - conforming because the existing dimensions do not meet current Code. Chairman Gregorek asked for clarification of where on the lot the proposed house could be built. Planner D’Amato provided an illustration. The Board heard sworn testimony from appellant Donnie Sims , N85W16110 Appleton Ave. Unit 307, Menomonee Falls, WI . Mr. Sims acknowledged that he could adjust the percentage of garage façade to front façade by reducing the garage size to a single car garage. Chairman Gregorek asked the applicant a variety of questions regarding the purchase of the lot. Chairman Gregorek also noted it appeared there were trees that would need to be removed in order to build. Mr. Sims explained he would have to replace the tree s per the formula prescribed by Code. Planner D’Amato noted the proposed replacement trees were indicated on the plans. 2 Member Henne asked the applicant to clarify if he could indeed adjust the garage façade percentage to meet Code. Mr. Sims replied that he could; his p reference would be to construct a single tandem garage. Mr. Sims admitted he was aware of the dimensions of the lot, but unaware of the Zoning Code restrictions for the additional setbacks required on a corner lot. Mr. Sims stated the size of the house in relation to the garage is negotiable, however, he is tr ying to gain the maximum width possible on the lot. Mr. Sims s aid he is only able to build a two - story home on the property; there is not enough width for a ranch - style home. Member Yerkey asked how this lot historically came to be. Planner D’Amato explained the lot was a remnant parcel, not an outlot. The remnants were scatterd throughout the development and largely absorbed by the adjoining single - family homes, but somehow, this lot never was. Planner D’Amato stated although the lot is legal non - conforming, it is still buildable as long as the bulk and dimensional standards are met. The reason for the variance request is because required setbacks cannot be met in this case. Mr. Sims stated if he is allowed to build, the property will be sold to a homeowner – it will not be a rental property. The Board heard sworn testimony from Melissa Willms, 1434 W. Lois Ln, Oak Creek. Ms. Willms expressed concerned about site lane obstructions. Ms. Willms explained it happens with 9973 S. 13 th St., the property to the north. The concern is that landscaping, fences, garbage carts, may obstruct the view of traffic on 13 th St. Mr. Sims explained that the driveway will be on Lois Ln., not on 13 th St. Ms. Willms also expressed the view of another neighbor who feels the proposed home does not fit with the character of the existing neighborhood: Ms. Willms stated that was not her concern, her only concern was site lines to 13 th St. Member Lipp read the Letter of Denial into the record. Member Wagner asked Planner D’Amato about the vision triangle and whether it was taken into consideration while reviewing the proposed new home construction. Planner D’Amato illustrated the vision triangle for the Board and confirmed that it had been cons idered if the setback variance were granted. Member Henne questioned if the address of the proposed home would be changed to Lois Ln. from 13 th St. Planner D’Amato replied that it likely would. Chairman Gregorek closed the public hearing at 7: 45 p.m . 3 Deliberation and Findings of Fact Case 2 6 - 00 3 The Board discussed the case and the criteria for each of the “Findings of Fact” for a variance from Sec. 17.0301(a) as follows: a. Preservation of Intent The proposed construction preserves the purpose and intent of C ode S ection 17.0301(a) . Granting the variances does not create a permitted use that is otherwise not permitted in the Rs - 2 zoning district. The requested reduced side yard setback would be generally consistent with the setback that would be permitted if the lot in question were an interior lot. b. Exceptional Circumstances: This is a legal non - conforming lot that has narrower dimensional constraints of width and size. Therefore, not granting the variance would make it impossible to build, as the permitted buildable area is only 10 feet wide c. E conomic Hardship and Self - Imposed Hardship not Grounds for Variance: The board finds that the hardship Is not economic in nature but results from the unique dimensions of the property. The current property owner did not create the present situation. d. Preservation of Property Rights: Granting the variance is necessary to preserve the owner’s property rights to construct a single - family home. The permitted buildable width of 10 feet effectively prevents the property owner from that right. e. Absence of Detriment : Granting this variance would not cause detriment to the adjacent property owners as this use is consistent with the land use of neighboring properties. There is no detriment to the general public that would result from granting this variance. Member Wagner moved that the Board grant a variance from Oak Creek Municipal Code Section 17.0301(a) which states the minimum setback for street facing side yards in the Rs - 2 Zoning District is 30 feet. Member Henne seconded. On roll call: all voted aye. Motion carried . The Applicant is permitted to construct a single - family home on the property located at 10001 S. 13 th St. with a 10 - foot street facing side yard setback. The Board discussed the case and the criteria for each of the “Findings of Fact” for a variance from Sec. 17.0 4 0 3 ( e ) (2)g.2 as follows: a. Preservation of Intent : Granting the variance would not preserve the intent of the front façade Code Section 17.0403(e)(2)g. 2, as it would increase the percentage of the front façade to a majority, making it the primary feature of the home. b. Exceptional Circumstances: There are no exceptional circumstances, as the property owner can conform with the standards set forth by the Code. c. Economic Hardship and Self - Imposed Hardship not Grounds for Variance: The hardship is economic and self - imposed in nature, as the property owner can conform with Code standards by reducing the size of the proposed garage. d. Preservation of Property Rights: The Appellant ’s right to construct a home with an attached garage on the property is preserved . 4 e. Absence of Detriment: Granting this variance would not cause detriment to the adjacent property owners as this use is consistent with the land use of neighboring properties. There is no detriment to the general public that would result from granting this variance. Action Case 2 6 - 00 3 Member Jakubczyk moved that the Board deny a variance from Oak Creek Municipal Code sectio n 17.0403(e)(2)g.2, garage in line, which states if the attached garage is set in line with the front façade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed 50% of the façade's total width. Member Yerkey seconded. On roll call: all voted aye. Motion carried. The applicant is not permitted to construct an attached garage which makes up greater than 50% of the front façade of the home. Chairman Gregorek adjourned the meeting at 8 : 26 p.m . TO BE PUBLISHED AUGUST 26, 2026 CITY OF OAK CREEK NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING APPEALS A public hearing for case 26-004 will be held: Date: Tuesday, September 8, 2026 Time: 6:30 PM Place: Oak Creek City Hall Lake Vista Room 8040 S. 6th Street Oak Creek, WI 53154 Appellant: Suzy’s Cream Cheesecakes Joe Gomez 9911 S. Howell Ave. Oak Creek, WI 53154 Owner: 9911 Howell, LLC 970 S. Silver Lake St. Suite 103 Oconomowoc, WI 53066 Tax Key No.: 924-0008-000 Property location: 9911 S. Howell Ave. Zoning of Property: M-1, Manufacturing District To Request: A variance from Oak Creek Municipal Code Section 17.0301(b) regarding bulk and dimensional standards addressing the requirements applicable to the development or use of a lot in the M-1 Manufacturing District – Interior side yards require a minimum setback of 20 feet. If granted, the appellant will be allowe d to construct a nitrogen tank and associated equipment pad located within the 20-foot building setback on the south side of the property. All interested persons wishing to be heard are invited to be present. Dated this 19th day of August 2026 BOARD OF ZONING APPEALS CITY OF OAK CREEK, WISCONSIN /s/ Randy Gregorek, Chairman PUBLIC NOTICE For questions concerning this notice, please contact the Oak Creek City Clerk at 414-766-7023. PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible, preferably a minimum of 48 hours. For additiona l information or to request this service, contact the Oak Creek City Clerk at 414 -766-7023, or by writing to City Hall, 8040 South 6 th Street, Oak Creek, Wisconsin 53154. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Meeting Date: September 3, 2026 BOARD OF ZONING AND HOUSING APPEALS Item No. 4 Proposal: Variance Request – 9911 S. Howell Ave. Description: The appellant is requesting a variance from the following:  Section 17.0301(b), bulk and dimensional standards, which states that the minimum setback for interior side yards in the M-1 Manufacturing District is 20 feet. The appellant is requesting a variance to allow for construction of a nitrogen tank and associated equipment set back approximately 5 feet from the interior side property line. Appellant(s): Joe Gomez, Suzy’s Cream Cheesecakes Address(es): 9911 S. Howell Ave. Suggested Motion : Staff does not make a recommendation on variance requests. Owner(s): 9911 HOWELL, LLC Tax Key(s): 924-9008-000 Lot Size(s): 3.41 acres Current Zoning District(s): M-1 Manufacturing Overlay District(s): N/A Wetlands: Yes No Floodplain: Yes No Comprehensive Plan: Industrial Background: The Appellant is requesting a variance from Section 17.0301(b), Bulk and Dimensional Standards, which states that the minimum setback for interior side yards in the M-1 Manufacturing zoning district is 20 feet. The appellant is requesting a variance to allow the construction of a nitrogen tank and associated equipment set Meeting Date: September 3, 2026 Item No.: 4 Page 2 of 3 back approximately 5 feet from the interior side property line. The proposed nitrogen tank is approximately 13-feet tall and would sit atop a concrete pad. It would be surrounded by bollards and fencing, and 30-40 arborvitae are proposed to be planted along the property line on Howell Ave. The property located at 9911 S. Howell Ave. on which the exterior site modification is proposed conforms to all other bulk and dimensional standards in the M-1 Manufacturing district. The property’s access to S. Howell Ave. is provided through 60-foot wide Access Easement No. 7154790, which was approved in 1997. The easement extends approximately 60 feet south from the shared property line of the subject property and the neighboring parcel 10001 S. Howell Ave. It also permits the use of the parking lot for passenger vehicles. The appellant submitted an application explaining their need for a variance and their argument for how they meet the variance criteria. City staff does not provide recommendations regarding the request as staff has denied the proposed exterior site modification as it does not comply with Section 17.0301(b) of Chapter 17 of Municipal Code. The following criteria should be used by the Zoning Board of Appeals when making a decision. An explanation of how the variance request applies to each one should be incorporated as part of the Board’s deliberation. Preservation of Intent: No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district. Exceptional Circumstances: There must be unique circumstances or conditions applying to the lot or parcel or structure that do not apply generally to other properties of uses in the same zoning classification, and the granting of the variance should not be of so general or recurrent nature as to suggest that the zoning ordinance should be changed. Economic Hardship and Self-Imposed Hardship Not Grounds for Variance: No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance. Preservation of Property Rights: The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and same vicinity. Absence of Detriment: No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this ordinance or the public interest. If the Board agrees that the appellant met criteria for granting a variance, the Board can make a motion to grant a variance allowing the appellant to construct a new single-family home with a street facing side yard setback of 10 feet and an attached garage that makes up 65% of the front façade’s total width. Please include the findings of fact found by the Board with the motion. Meeting Date: September 3, 2026 Item No.: 4 Page 3 of 3 Respectfully submitted & approved by: Kristi Laine Director of Community Development Prepared by: Nic D’Amato Planner Approved by: Todd Roehl Senior Planner T100TITLE SHEETISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\_T100-Title Sheet.dwg6/26/2026 10:39:37 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT Joe Gomez9911 S Howell AveOak Creek, WI 53154(414) 744-0816joeg@suzys.comKristy Treichel, P.E.KL Engineering, INC.5400 King James Way Suite 200Madison, WI 53719(715) 410-1622kristy.treichel@klengineering.comDESIGN CONTACTOWNER FINAL DESIGN SITE IMPROVEMENT PLANSSUZY'S CREAM CHEESECAKES - NITROGEN TANK PADFOR9911 S HOWELL AVEOAK CREEK, WI 53154 UTILITY CONTACTSOak Creek, WI GENERAL NOTES:1.CONSTRUCTION SHALL CONFORM TO THE CITY OF OAK CREEK MUNICIPALORDINANCE AND ANY APPLICABLE WDNR TECHNICAL STANDARDS ANDGUIDANCE. ALL GENERAL AND SUB-CONTRACTORS ARE ENCOURAGED TOVISIT AND INSPECT THE SITE PRIOR TO SUBMITTING A PROPOSAL TOCOMPLETE THE WORK.2.ALL CONTRACTORS SHALL KEEP ACCESS AVAILABLE AT ALL TIMES FOR ALLTYPES OF TRAFFIC ON PUBLIC ROADWAYS. AT NO TIME SHALL ACCESS BEDENIED TO SURROUNDING SITES UNLESS APPROVED BY THE OWNER ANDTHE AGENCY HAVING JURISDICTION (AHJ).3.VERIFY ALL DIMENSIONS AND ELEVATIONS IN THE FIELD. IF ANY ERRORS,DISCREPANCIES, OR OMISSIONS ARE APPARENT, BRING TO THE ATTENTIONOF THE ENGINEER PRIOR TO CONSTRUCTION OF ANYTHING AFFECTED SOTHAT CLARIFICATION OR REDESIGN CAN OCCUR.4.ADEQUATE DRAINAGE SHALL BE MAINTAINED AT ALL TIMES DURINGCONSTRUCTION AND ANY DRAINAGE DITCH OR STRUCTURE DISTURBEDDURING CONSTRUCTION SHALL BE RESTORED TO EXISTING CONDITIONS ORBETTER. ALL DRAINAGE SHALL BE CONSISTENT WITH THE STORMWATERMANAGEMENT PLAN.5.THE CONTRACTOR SHALL COLLECT AND REMOVE ALL CONSTRUCTIONDEBRIS, EXCESS MATERIALS, TRASH, OIL AND GREASE RESIDUE, MACHINERY,TOOLS AND OTHER MISCELLANEOUS ITEMS WHICH WERE NOT PRESENTPRIOR TO THE PROJECT COMMENCEMENT AT NO ADDITIONAL EXPENSE TOTHE OWNER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ACQUIRINGANY AND ALL PERMITS NECESSARY FOR THE HAULING AND DISPOSALREQUIRED FOR CLEAN-UP AS DIRECTED BY THE ENGINEER OR OWNER'SREPRESENTATIVE.6.TESTING AND FINAL ACCEPTANCE:A)ALL WORK PERFORMED UNDER THIS CONTRACT SHALL BEGUARANTEED BY THE CONTRACTOR FOR A PERIOD OF 12 MONTHSOR AS DETERMINED BY THE OWNER FROM THE DATE OF FINALACCEPTANCE OF THE PROJECT AND THE CONTRACTOR SHALL BEHELD RESPONSIBLE FOR ALL DEFECT IN THE MATERIALS ANDWORKMANSHIP OF WHATEVER NATURE DURING THAT PERIOD.B)BEFORE ACCEPTANCE BY THE OWNER AND FINAL PAYMENT, ALLWORK SHALL BE INSPECTED BY THE OWNER AND REPRESENTATIVES.FINAL PAYMENT WILL BE MADE AFTER THE CONTRACTOR'S WORKHAS BEEN APPROVED AND ACCEPTED.C)ALL TESTING WILL BE THE RESPONSIBILITY AND EXPENSE OF THECONTRACTOR.9.CONTRACTOR SHALL MAINTAIN A SET OF REDLINE DRAWINGS RECORDINGAS-BUILT CONDITIONS DURING CONSTRUCTION. THESE REDLINE MARKEDDRAWINGS WILL BE SUBMITTED TO THE ENGINEER.10.NO TREES OR SHRUBS ARE TO BE REMOVED WITHOUT APPROVAL OF THEENGINEER.11.PRIOR TO ORDERING DRAINAGE PIPES AND STRUCTURES, THE CONTRACTORSHALL VERIFY RELATED DRAINAGE INFORMATION IN THE PLAN WITH THEENGINEER. Milwaukee County S HOWELL AVE DIGGERS HOTLINEDial or (800)242-8511www.DiggersHotline.com SITE LOCATIONW OAKWOOD RDS 13TH STI-41W RYAN RDSheet NumberSheet TitleT100TITLE SHEETC100EXISTING CONDITIONSC200DEMOLITION PLANC300SITE PLANC400GRADING AND EROSION CONTROL PLANC500CONSTRUCTION DETAILS - 1C501CONSTRUCTION DETAILS - 2 GASWE ENERGIESEVON KARPINSKIevon.karpinski@we-energies.comELECTRICWE ENERGIESADAM PSICIHULISadam.psicihulis@we-energies.comWATER AND SEWEROAK CREEK WATER & SEWER UTILITY170 W DREXEL AVEOAK CREEK, WI 53154(414) 766-6600water@oakcreekwi.gov GGGGGGGGSSSSSS N89°53'35"E 515.00'W60001 WG 607260672711 712 713 714 710710711 712 713 714712 713 714713 714714 714EX INLETRIM: 714.36 EX INLETRIM: 710.03 EX INLETRIM: 709.75 EX MHRIM: 709.90EX MHRIM: 711.37 EX INLETRIM: 710.20 EX MHRIM: 713.60EX INLETRIM: 713.63EX INLETRIM: 713.8016" DIA.16" DIA.12" DIA.8" DIA. W FENCECONTROL POINTBENCHMARK11 EXISTING CONDITIONS LEGENDPROPERTY LINEEASEMENT LINEEXISTING CONTOUR - MAJOREXISTING CONTOUR - MINOR755751CONCRETE PAVEMENTASPHALT PAVEMENTLIGHT POLECONIFEROUS TREE; DECIDUOUS TREEBUILDING WATER; MANHOLE; VALVE; HYDRANT; METERSTORM; MANHOLE; CURB INLET; INLETGAS LINE; METER; VALVESS GGW W C100EXISTINGCONDITIONSISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C100-Existing Conditions.dwg6/26/2026 10:39:54 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT EXISTING CONDITION NOTES:1.TOPOGRAPHIC SURVEY PER TNT PROFESSIONAL LAND SURVEYORS, INC. 2026.2.ASSUMED PROPERTY BOUNDARY BASED ON IRON PIPES FOUND IN THE FIELD.3.AERIAL IMAGERY DOWNLOADED FROM MILWAUKEE ARCGIS 2024.4.THE VERTICAL DATUM IS NAVD 88.5.THE LOCATIONS OF EXISTING UTILITY INSTALLATIONS AS SHOWN ON THE PLANS AREAPPROXIMATE AND BASED ON LOCATES PROVIDED BY DIGGERS HOTLINE OR UTILITYRECORDS. THERE MAY BE OTHER UTILITY INSTALLATIONS WITHIN THE PROJECT AREA THATARE NOT SHOWN.6.PRIOR TO CONSTRUCTION, CONTRACTOR SHALL OBTAIN A STREET OPENING PERMIT FORANY WORK TO BE DONE WITHIN THE RIGHT-OF-WAY.Feet020401" = 40' AT 11x17 SHEET SIZEBENCHMARKS AND CONTROL POINTSPOINT #RAW DESCRIPTIONELEVATIONNORTHINGEASTINGCP 6000CP HUBUNKNOWN321926.932527399.68CP 6067CP HUB709.97321894.322527824.88CP 6072CP PK712.43321900.282527682.18BM 1ARROW ON FLANGE OF HYDRANT717.78321897.612527465.32BM 2ARROW ON FLANGE OF HYDRANT709.64321851.812527884.01 GGGGGGGGSSSSSSW WG16" DIA. C200DEMOLITION PLANISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C200-Demolition Plan.dwg6/26/2026 10:40:02 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT Feet020401" = 40' AT 11x17 SHEET SIZEPROPERTY LINEEASEMENT LINELIMITS OF DISTURBANCEREMOVE AND SALVAGE TOPSOILDEMOLITION LEGENDDEMOLITION PLAN NOTES:1.CONTRACTOR SHALL CONTACT DIGGERS HOTLINE 5 WORKING DAYS PRIOR TO START OFDEMOLITION/CONSTRUCTION.2.PROTECT ALL UNDERGROUND UTILITIES AND UTILITY STRUCTURES THAT ARE NOT SHOWN ASREMOVED OR ABANDONED IN PLACE.3.PROTECT ALL REMAINING TREES AND MULCH. EQUIPMENT AND MATERIALS SHALL NOT BE STOREDWITHIN DRIP LINES OF REMAINING TREES.4.STRIP TOPSOIL AS SHOWN AND STOCKPILE WITHIN THE PROJECT LIMITS.5.ALL ITEMS TO BE SALVAGED SHALL BE COORDINATED WITH THE OWNER.6.ALL ITEMS TO BE REMOVED AND DISPOSED OF SHALL BE TAKEN FROM THE SITE AND DISPOSED OFIN A LEGAL MANNER. WASTE SHALL NOT BE ALLOWED TO BE CARRIED OFF SITE BY RUNOFF ORWIND.7.ALL LIMBS, BRANCHES, AND OTHER DEBRIS RESULTING FROM THIS WORK SHALL BE DISPOSED OFOFF-SITE BY THE CONTRACTOR AT THEIR OWN EXPENSE.8.KL ENGINEERING IS NOT RESPONSIBLE FOR HAZARDOUS WASTE MITIGATION.9.DEMOLITION ITEMS ARE SHOWN FOR REFERENCE PURPOSES. KL ENGINEERING IS NOTRESPONSIBLE FOR THE ITEMS SHOWN OR NOT SHOWN ON THIS EXHIBIT.10.ALL DEMOLITIONS SHALL COMPLY WITH APPLICABLE NATIONAL EMISSIONS STANDARDS FORHAZARDOUS AIR POLLUTANTS RELATING TO ASBESTOS PROMULGATED BY THE UNITED STATESDEPARTMENT OF ENVIRONMENTAL PROTECTION AND WISCONSIN DEPARTMENT OF NATURALRESOURCES (WDNR). REMOVE TREEREMOVE LIGHT POLETREE PROTECTION - SEE DETAIL 1/C501 WG56.0'15.0'13.4'2.0'74.7'98.4'50.0'56.7'92.0'50.0' EXISTING SLIDING GATE (3) 6" STEPS AT CONCRETE PAD NITROGEN PAD EQUIPMENTNITROGEN PAD TANKNITROGEN PAD20.0' BUILDINGSETBACK2.1' (5) PROPOSED 30'-40' TALLAMERICAN PILLAR ARBORVITAE C300SITE PLANISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C300-Site and Utility.dwg6/26/2026 10:40:14 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT Feet020401" = 40' AT 11x17 SHEET SIZEPROPERTY LINEEASEMENT LINEEXISTING WATER MANHOLE; VALVE; HYDRANT; METEREXISTING STORM MANHOLE; INLETCONCRETE PAVEMENT FOR TANK MAT FOUNDATION AND TRAILER APRONPROPOSED BOLLARD - SEE DETAIL 3/C500EXISTING BUILDINGEXISTING FENCE SITE PLAN LEGEND EXISTING CONIFEROUS TREE; EXISTING DECIDUOUS TREE; PROPOSED 30'-40' TALL AMERICAN PILLAR ARBORVITAE SITE NOTES:1.ALL AREAS AND SITE FEATURES DISTURBED BYCONSTRUCTION ACTIVITIES SHALL BE RESTOREDTO THE ORIGINAL CONDITION.2.ALL AREAS THAT ARE NOT PAVED SHALL RECEIVE AMINIMUM OF 6” OF TOPSOIL PRIOR TO SEEDING.3.ALL LAWN AND PLANTING AREAS WHICH HAVE BEENCOMPACTED DUE TO CONSTRUCTION SHALL BELOOSENED PRIOR TO ADDITION OF TOPSOIL.4.PROVIDE SIDEWALK CONSTRUCTION JOINTS ATEVEN SPACING AT A DISTANCE APART EQUAL TOTHE SIDEWALK WIDTH AND AS IS TYPICAL INCONCRETE CONSTRUCTION.5.ALL RADII ARE TO THE FACE OF CURB UNLESSOTHERWISE NOTED. GW W EXISTING GAS METER; VALVE EXISTING LIGHT POLE; PROPOSED LIGHT POLEHEAVY DUTY CONCRETE PAVEMENT - SEE DETAIL 2/C500SEE NITROGEN TANK FOUNDATION DETAILS 24" GUTTER CURB - SEE DETAIL 4/C500PROPOSED CHAIN LINK FENCE 710710711712713 GGGGGGGGGGGG SS WWGEX INLETRIM: 714.36 EX INLETRIM: 710.03 EX INLETRIM: 709.75EX MHRIM: 709.90713714 71471171271371171271371410.44%10.31%3.70%2.48%3.01%13.25%4.54%4.05%0.00% EX MHRIM: 711.37 7117127137144.05%2.97% 2.68%2.99%713.62 ME713.54 ME713.00 ME712.00 ME711.00 ME710.75 ME710.05 ME 714.00 ME714.27 ME714.33 ME714.33 ME714.00 ME713.00 ME712.00 ME 713.54713.00712.00711.00710.75710.92710.67711.92712.92713.46713.25713.50712.30711.95711.25712.83713.33713.83714.33712.83713.33713.83714.331.75%1.10% 1.50%714 FFE 714.94714.00 ME711.00 ME0.00% 711.50 ME711.50711.42 C400GRADING ANDEROSION CONTROLPLANISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C400-Erosion and Grading.dwg6/26/2026 10:40:24 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT Feet020401" = 20' AT 11x17 SHEET SIZE SEEDINGSILT FENCE - SEE DETAIL 1/C500INLET PROTECTION - SEE DETAIL 5/C500 PROPERTY LINEEASEMENT LINEEXISTING CONTOUR - MAJOREXISTING CONTOUR - MINORPROPOSED CONTOUR - MAJORPROPOSED CONTOUR - MINORLIMITS OF DISTURBANCEPROPOSED SPOT GRADEEXISTING SPOT GRADEMATCH EXISTING7557511.50%1.50%818.00819.00MEPROPOSED GRADE GRADING AND EROSION CONTROL PLAN LEGEND EXISTING STORM MANHOLE; INLETEXISTING WATER MANHOLE; VALVE; HYDRANT; METER EROSION CONTROL NOTES:1.CONSTRUCT AND MAINTAIN ALL EROSION AND SEDIMENT CONTROL MEASURES IN ACCORDANCE WITH THE WISCONSINDNR AND MILWAUKEE COUNTY REQUIREMENTS.2.INSTALL EROSION CONTROL PRACTICES PRIOR TO COMMENCING OTHER LAND DISTURBING ACTIVITIES.3.CONTRACTOR IS RESPONSIBLE FOR WEEKLY WDNR INSPECTION REPORTS IN ACCORDANCE WITH NR 216.46(9) ANDWITHIN 24 HOURS FOLLOWING A RAINFALL OF 0.50 INCHES OR GREATER. REPAIR TO EROSION CONTROL MEASURESSHALL OCCUR WITHIN 24 HOURS OF INSPECTION.4.EROSION CONTROL IS THE RESPONSIBILITY OF THE CONTRACTOR OR LANDOWNER UNTIL THE SITE IS STABILIZED.ADDITIONAL EROSION CONTROL MEASURES, AS REQUESTED BY REGULATORY AGENTS OR OWNER'S ENGINEER, SHALLBE INSTALLED WITHIN 24 HOURS.5.INSTALL TRACKING CONTROLS TO PREVENT SEDIMENT FROM BEING TRACKED ONTO ADJACENT ROADWAYS. SEDIMENTIN THE ROADWAY SHALL BE REMOVED BY STREET CLEANING (NOT HYDRAULIC FLUSHING) BEFORE THE END OF EACHWORKDAY.6.INSTALL INLET FILTERS PRIOR TO CONSTRUCTION OR IMMEDIATELY AFTER INLETS ARE INSTALLED AND MAINTAINEDUNTIL SITE IS STABILIZED. REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES 1/3 TO 1/2 OF THE DEVICE DEPTH.7.DIVERT CHANNELIZED RUNOFF FROM ADJACENT LAND AROUND DISTURBED AREAS.8.INSTALL PERIMETER CONTROL AROUND STOCKPILES AND STABILIZE STOCKPILES THAT WILL REMAIN INACTIVE FOR 7DAYS OR LONGER.9.TEMPORARILY STABILIZE DISTURBED AREAS THAT WILL REMAIN INACTIVE FOR 14 DAYS OR LONGER.10.PERMANENTLY STABILIZE ANY PORTION OF THE SITE WITHIN 7 DAYS OF REACHING FINAL GRADE.11.STEEP SLOPES (4H:1V OR STEEPER) SHALL BE RESTORED WITH EROSION MAT (CLASS 1 (URBAN) TYPE B PER WISDOTPAL).12.REMOVE ALL EROSION CONTROL MEASURES ONCE ALL DISTURBED AREAS ARE VEGETATED.THE APPLICATION RATES LISTED BELOW ARE TO BE FOLLOWED FOR SEED, FERTILIZER AND MULCH PLACEMENT:1.PERMANENT SEEDING RATES: WISDOT NO. 40 GRASS SEED AT 4.0 LBS/1000 SF.2.TEMPORARY SEEDING RATES: WINTER WHEAT OR RYE AT 3.0 LBS/1000 SF FOR FALL SEEDING AFTER SEPTEMBER 15.3.MULCHING RATES: USE 1.5 TONS/ACRE STRAW PER SECTION 627 WISDOT STANDARD SPECIFICATIONS FOR HIGHWAYAND STRUCTURE CONSTRUCTION TO PREVENT MATERIAL FROM BLOWING AWAY.GRADING NOTES:1.ALL PROPOSED ELEVATIONS SHOWN ON THE PLANS ARE FINISHED SURFACE UNLESS OTHERWISE SPECIFIED.2.SIDEWALKS AND RAMPS SHALL HAVE A MAXIMUM CROSS SLOPE OF 2%.3.DO NOT DISTURB ROOT ZONES OF TREES TO BE PRESERVED. EXISTING GAS METER; VALVEPROPOSED BOLLARD - SEE DETAIL 3/C500 GW W 755751 EXISTING LIGHT POLE, PROPOSED LIGHT POLE EXISTING FENCE; PROPOSED FENCEEXISTING CONIFEROUS TREE; EXISTING DECIDUOUS TREE; PROPOSED 30'-40' TALL AMERICAN PILLAR ARBORVITAE WOOD POSTS 4'MIN.LENGTH,2' MIN. DEPTH IN GROUND TRENCH DETAILSILT FENCEFLOW DIRECTIONFLOW DIRECTIONATTACH THE FABRIC TO THEPOSTS WITH WIRE STAPLES ORWOODEN LATH AND NAILS 3' MAX. *NOTE:8'-0" POST SPACING ALLOWED IF AWOVEN GEOTEXTILE FABRIC IS USED. NOTE:ADDITIONAL POSTDEPTH OR THE BACKMAY BE REQUIRED INUNSTABLE SOILS.GENERAL NOTES:WOOD POSTS SHALL BE A MINIMUM SIZE OF1 18" X 1 18" OF OAK OR HICKORYFOR MANUAL INSTALLATIONS THE TRENCHSHALL BE A MINIMUM OF 4" WIDE & 6" DEEPTO BURY AND ANCHOR THE GEOTEXTILEFABRIC. FOLD MATERIAL TO FIT TRENCHAND BACKFILL AND COMPACT THE TRENCHWITH EXCAVATED SOIL.FLOWFOLD 3" MAX.* 12" 12"12"4"8" FLAP POCKET NOTES:DO NOT INSTALL INLET PROTECTION TYPE D IN INLETSSHALLOWER THAN 30" MEASURED FROM THE BOTTOM OFTHE INLET TO THE TOP OF THE GRATE.TRIM EXCESS FABRIC IN THE FLOW LINE TO WITHIN 3" OFTHE GRATE.THE INSTALLED BAG SHALL HAVE A MINIMUM SIDECLEARANCE, BETWEEN THE INLET WALLS AND THE BAGMEASURED AT THE BOTTOM OF THE OVERFLOW HOLES,OF 3". WHERE NECESSARY THE CONTRACTOR SHALLCINCH THE BAG, USING ZIP TIES, TO ACHEIEVE THE 3"CLEARANCE. THE TIES SHALL BE PLACED AT A MAXIMUMOF 4" FORM THE BOTTOM OF THE BAG. EXCESS FABRIC 2GEOTEXTILE FABRICBACKFILL AND COMPACTTRENCH WITH EXCAVATED SOILGEOTEXTILEFABRIC ONLY 1 12GEOTEXTILE FABRICSUPPORT CORDOR TENSION TAPE GEOTEXTILE FABRIC,TYPE FF4" X 6" OVAL HOLE SHALL BE HEATCUT INTO ALL FOUR SIDE PANELS.FRONT, BACK, AND BOTTOMTO BE MADE FROM SINGLEPIECE OF FABRICMINIMUM DOUBLE STITCHED SEAMS ALLAROUND SIDE PIECES AND ON FLAP POCKETS 31 3 FOR INLETS WITH CAST CURB BOX USEWOOD 2" X 4". EXTEND 10" BEYOND GRATEWIDTH ON BOTH SIDES, LENGTH VARIES.SECURE TO GRATE WITH WIRE OR PLASTICTIES.USE REBAR OR STEEL ROD FORREMOVALOR INLET SPECIFICATIONS AS PER THE PLANDIMENSION LENGTH AND WIDTH TO MATCH2' ± SEE TRENCH DETAILCOMPACTED SOIL 3' MAX.*3' MAX.*3' MAX.* SILT FENCE1REF PLANS FOR LOCATIONS NTS INLET PROTECTION, TYPE D5 NTS HEAVY DUTY CONCRETE PAVEMENT2 NTS 6" BOLLARD3NTS 2' MIN. 4' 6" MIN#6 BAR x 12" LONG, EACH WAY18" DIAMETER CONCRETE BASE,4'-6" DEEP IN 18" DIA. SONOTUBE 6" DIAMETER SCH. 40 STEEL PIPEFILLED W/ CONCRETE, GALVANIZEDFINISH1" CONCRETE CROWN BOLLARD CONCRETE SHALL PENETRATE SLAB ANDTERMINATE AT SURFACE, SLOPING AWAY FROMBOLLARDTOOLED CONTROL JOINT IN SLABSHALL BE PROVIDED AT CENTER OFEACH SONOTUBEPROVIDE FELT EXPANSION JOINT BETWEENBOLLARD CONCRETE AND SLAB. POURABLE SELFLEVELING POLYURETHANE SHALL BE USED TOSEAL THE EXPANSION JOINT AT THE SURFACE.8" CONCRETE SLAB (PER PLAN)6"1"12"24"TOP OF CURBFLOWLINE COMPACTED DENSE GRADED1-1/4" BASE AGGREGATE24" GUTTER CURB4NTS6"12" 9" CONCRETE6" AGGREGATEBASE COURSE C500CONSTRUCTIONDETAILS - 1ISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C500-Construction Details.dwg6/26/2026 10:40:32 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT NOTES:1.SEE SPECIFICATIONS FOR ADDITIONAL TREE PROTECTION REQUIREMENTS.2.IF THERE IS NO EXISTING IRRIGATION, SEE SPECIFICATIONS FOR WATERING REQUIREMENTS.3.NO PRUNING SHALL BE PERFORMED EXCEPT BY ENGINEER, OWNER, OR APPROVED ARBORIST.4.NO EQUIPMENT SHALL OPERATE INSIDE THE PROTECTIVE FENCING INCLUDING DURING FENCEINSTALLATION AND REMOVAL.5.SEE SITE PREPARATION PLAN FOR ANY MODIFICATIONS WITH THE TREE PROTECTION AREA. CROWN DRIPLINE ACCESSROAD SECTION VIEW CHAIN LINK FENCE8" - 12" THICK LAYER OFMULCH ON MAINTENANCEROAD; 5" THICK LAYER INSIDETREE PROTECTION AREA.MAINTAIN EXISTING GRADEWITH THE TREE PROTECTIONFENCE UNLESS OTHERWISEINDICATED ON THE PLANS.CONTRACTOR TO BORE UNDEROR REROUTE AROUND THEDRIPLINE. KEEP OUTTREEPROTECTIONAREA8.5" X 11" SIGN LAMINATEDIN PLASTIC SPACED EVERY50' ALONG THE FENCE.2" X 6' STEEL POSTSOR APPROVED EQUAL.TREE PROTECTION FENCE:HIGH DENSITYPOLYETHYLENE FENCINGWITH 3.5" X 1.5" OPENINGS;COLOR-ORANGE. STEELPOSTS INSTALLED AT 8' O.C. TREE PROTECTION1NTS C501CONSTRUCTIONDETAILS - 2ISSUE DATE:DESIGNED BY:CHECKED BY:KL PROJECT NO. PROJECT NAME: PREPARED FOR: SHEET TITLE: DATE:DESCRIPTIONNO.xx-xx-xxxx01ISSUANCES / REVISIONS: SUZY'S CREAMCHEESECAKES -NITROGEN TANKPAD9911 S HOWELL AVEOAK CREEK, WI 53154SUZY'S CREAMCHEESECAKES, INC.9911 S HOWELL AVEOAK CREEK, WI 53154 © PROPERTY OF KLENGINEERING, INC. NOT TOBE USED FOR ANY OTHERPROJECT WITHOUT WRITTENAUTHORIZATION OFKL ENGINEERING. G:\Suzy's Cream Cheesecakes\26026-000 Suzy's Cream Cheesecakes - Oak Creek\Civil 3D\SheetsPlan\C500-Construction Details.dwg6/26/2026 10:40:33 AMPLOT DATE:FILE:KATIE KIRKENDALLPLOT BY: [A] Better ExperienceMADISON | GREEN BAY | MENOMONIE | GERMANTOWN5400 KING JAMES WAY, SUITE 200MADISON, WI 53719608-663-1218, klengineering.com REVISION DESCRIPTION 26026-0005/13/2026KLKKJT

Source: City of Oak Creek website. First collected Oct 16, 2026.