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CITY OF DELAFIELD MEETING MINUTES PLAN COMMISSION Commissioners: Mayor Tim Aicher, Alderman Dirk Wilken, Dan Cahalane, Leslie Donavan, Mike Hausman, Scott Krienke, Edward Marek, Laura Schult Wednesday, April 29, 2026 7:00 p.m. City Hall, Council Chambers 500 Genesee St. Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Regular Meeting DRAFT YOUTUBE LINK 1. Call to Order Mayor Aicher called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Roll Call Commissioners Present: Tim Aicher, Mayor Dan Cahalane Mike Hausman Scott Krienke Edward Marek Laura Schult Dirk Wilken, Ald. D4 Commissioners Excused: Leslie Donavan Also Present: Amy Barrows, City Planner Scott Hussinger, Building Inspector Shari Janke, Recording Secretary 4. Minutes Discussion and possible action on the following minutes: A. Approval of minutes of the March 25, 2026 Regular Meeting. Motion by Schult, seconded by Marek , to approve the minutes of the March 25, 2026, Regular Meeting. All in favor. Motion carried. 5. Citizen Comments on Consent Agenda Items Mayor Aicher opened Citizen’s Comments at 7:01 p.m. Hearing no one who wished to speak, Citizen’s Comments were closed at 7:01 p.m. 6. Consent Agenda: Recommended approvals in accordance with the staff report. Items listed under the Consent Agenda are considered in one motion in accordance with the Staff Report unless a Plan Commission member or staff member requests that an item be removed from the Consent Agenda. Items recommended for discussion and possible action: Plan Commission Agenda Wednesday, April 29, 2026 Page 2 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov A. DELC0803988004, 2566 Sun Valley Road. Owner: R Gary Storts. Applicant: Dale Freckmann. Applicant requests Business Plan of Operation approval to operate a therapeutic massage facility known as Back in Balance Therapeutic Massage. Motion by Marek, seconded by Wilken to approve Item A of the Consent Agenda as presented. All in favor. Motion carried. B. DELC0798966, 412 Genesee Street. Owner: VT Properties Inc. Applicant: Colin Murphy. Applicant requests Business Plan of Operation approval to operate a retail plant store known as The Plant Store. Barrows spoke regarding the business hours listed in the application that were limited. The business will be expanding their hours after opening and would like to get approval right away. Dylan Murphy, W296N1742 Hidden Creek Ct, Pewaukee, was present to speak. Hausman suggested that the applicant ask for more set retail hours such as 10:00 am to 8:00 pm now instead of having to come back for an additional hearing. Dylan made that request. Motion by Hausman, seconded by Cahalane, to approve the Consent Agenda as presented with hours of operation from 10:00 am to 8:00 pm. All in favor. Motion carried. 7. Public Hearings: A. Public Hearing # 1 Topic: Zoning Map Amendment Location: 112 S. Cushing Park Road (DELC0796994) Owner: Robert & Claire Widule Applicant: Robert & Claire Widule Matter: Rezone the subject property from the A-1E Exclusive Agricultural District to the A- 1 Agricultural & Residential Holding District. Robert Widule, 112 S. Cushing Park Rd, Delafield, WI, was present to speak. Widule didn’t have any new information for the rezoning application. Barrows summarized the application for rezoning as presented in the packet. Mayor Aicher opened the Public Hearing #1 Citizen’s Comments at 7:09 p.m. Hearing no one who wished to speak, Citizen’s Comments were closed at 7:09 p.m. B. Public Hearing # 2 Topic: Planned Development Amendment – The Shoppes at Nagawaukee Location: 2900, 2910, 2912, 2916, 2920, 2926, 2930, 2940, 2948, 2950 & 2952 Golf Road (DELC0804982) Plan Commission Agenda Wednesday, April 29, 2026 Page 3 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Owner: BJV Nagawaukee LLC Applicant: Darin Frerichs Matter: Planned Development Amendment for The Shoppes at Nagawaukee to divide a parcel into two parcels. Rob Hobbick, 2900-2952 Golf Rd, Delafield, WI was present to speak. Darin Frerichs, 301 N Broadway, Milwaukee, WI was present to speak. Barrows summarized the application to divide the parcel into two parcels to allow them to be under separate ownership as presented in the packet. Mayor Aicher opened Citizen’s Comments at 7:13 p.m. Hearing no one who wished to speak, Citizen’s Comments were closed at 7:13 p.m. C. Public Hearing # 3 Topic: Conditional Use – Site Plan and Appearance Amendment Location: 4024 Nagawicka Road (DELC0735998) Owner: University Lake School Applicant: Chris Buday Matter: Conditional Use – Site Plan and Appearance Amendment to install soccer field lighting and to construct a shed. Chris Buday, 4420 Nagawicka Rd, Delafield, WI was present to speak. Melissa Benson, W327 S755 Timberline Cir, Delafield, WI was present to speak. Barrows summarized the application as presented in the packet. Buday spoke regarding the higher quality of the lighting they will use. He indicated the i ncreased height will help with intrusive lighting to the neighbors. Benson spoke regarding the bleachers being installed to accommodate those that already go to the games. Mayor Aicher opened Citizen’s Comments at 7:21 p.m. Kenneth Mennen, 3811 Nagawicka Rd., Hartland, WI was present to speak. Kenneth spoke in opposition to the proposed lighting. He believes it will encroach on the quality of his time in his backyard. He felt the use of the lights three times per week was quite a bit. He requested that they not approve the application. Michelle Luedtke, 3833 Nagawicka Shores Dr, Hartland, WI was present to speak. Michelle s poke in opposition to the lighting. She doesn’t think it will improve school spirit. She requested changes to the conditions to include all the lighting being turned off by 8:00 pm. She felt 10:00 pm was unreasonable. She also requested that the WIAA sanctioned events be limited to ULS teams only. Plan Commission Agenda Wednesday, April 29, 2026 Page 4 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Charles Neidhoefer, 3821 Nagawicka Rd, Hartland, WI was present to speak. Charles also s poke in opposition to the proposed lighting. Trees are already thinning out causing light to spill over to their side of the road. He felt it went against the branding of ULS of a natural setting. If the application is granted, he suggested moving the lights to the southeast corner of the field to get the lights away from Nagawicka Rd. They have been good neighbors, but they can use the portable lights they continue to use. Gavin Baradic, 3977 Nagawicka Rd, Hartland, WI was present to speak. Gavin spoke in opposition to the proposed lights. He felt the lights didn’t fit the rural corridor. He mentioned the City of Delafield Comprehensive Plan that lists the effects of lighting. He mentioned the issue of p ublic safety and that the road can’t accommodate the increase in traffic and parking. Cars already park along Nagawicka Rd. and use his driveway to look for parking, which causes c ongestion, as well as restricting emergency vehicle access. He indicated that he and his neighbors did not receive a l etter from ULS. He also felt the use of 3 times a week is too much. He requested they deny the application to protect the character of their neighborhood. Elijah Schuenke, N8 W33843 Forest Ridge Rd, Delafield, WI was present to speak. Elijah is a s tudent at ULS. He spoke in f avor of the lights. He felt they w ould improve his senior year. Having lights for the games makes it more fun and increases the school spirit. Sage Sanchez, 851 Lookout Ct, Hartland, WI was present to speak. Sage is also a student at ULS. Sage spoke in support of the lights . She stated when they use the lights it brings more energy and team spirit, especially for homecoming. Matthew Sonn, 4009 Nagawicka Rd, Delafield, WI was present to speak. Matthew spoke in opposition to the lighting and indicated it would just increase the noise and traffic congestion. Benson stated they canvased the neighborhood to knock on all the surrounding doors. She stated they want to be good neighbors . She indicated they would continue to deal with parking issues. It will be ULS teams and students playing. She stated that because they are a small school, they are a part of a co- op to share players to make up a varsity school team to play. The co- op schools may have a different name, but they are still a ULS team. While they don’t necessarily want to limit their use to only ULS teams, their intention is to use the field for ULS students . The occasional use for homecoming already takes place with the portable lights they have used in the past . The portable lights have glare, but the new lights won’t. Tim Prosek, Representing the Musco Lighting Manufacturer was also present to speak. Prosek stated the proposed lights meet international dark night standards with low footcandle measurements. He stated the additional height will help control the down lighting. Hearing no one else who wished to speak, Citizen’s Comments were closed at 7: 37 p.m. D. Public Hearing # 4 Topic: Planned Development Overlay District – The Hillside on Maple Location: 501 Maple Avenue (DELC0808985002) Owner: Cedar Square III LLC Applicant: John Barker Matter: Creation of a Planned Development Overlay District to allow a 16-unit residential condominium development. John Barker, 3875 Kettle Court East, Delafield, WI was present to speak. Plan Commission Agenda Wednesday, April 29, 2026 Page 5 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Chris Boyce, 1805 Hickory Hill Ln, Brookfield, WI was present to speak. Barrows summarized the application as presented in the packet. Barker spoke regarding the 25% slope in the plan and the mention of the city code’s disturbance of natural landscape. He stated that it is not a natural slope and was manmade during the construction of the previous building. His plan is to remove the slope, push it back to accommodate the driveway for the upper two units with the retaining wall holding it back. Mayor Aicher opened Citizen’s Comments at 7:47 p.m. Tammy O Neal, W301 N1045 McDowell Rd, Waukesha, WI was present to speak. O Neal stated it is noisy in that area and asked if there would be something built for noise. Barrows advised her that the property is zoned B6, so it allows commercial and residential land use as permitted use. Barker spoke to the noise stating that the structure of the buildings will have high quality construction materials. He felt the owners would not hear anything and the noise would be limited. Hearing no one else who wished to speak, Citizen’s Comments were closed at 7: 49p.m. 8. Citizen Comments on items other than the Consent Agenda and Public Hearing s Mayor Aicher opened Citizen’s Comments at 7:49 p.m. Hearing no one else who wished to speak, Citizen’s Comments were closed at 7:49 p.m. 9. Unfinished Business: Discussion and possible action on the following items: A. DELC0748998002, 2565 N. Genesee Street. Owner: St. Michael’s Anglican Church. Applicant: Brad Embry. Applicant requests to amend the Conditional Use – Site Plan and Appearance for St. Michael’s Anglican Church to raze an existing garage and replace it with a multi -use classroom, gathering and event facility. This item is being postponed to May 27, 2026, at the request of the applicant. B. DELC0804982, 2900, 2910, 2912, 2916, 2920, 2926, 2930, 2940, 2948, 2950 & 2952 Golf Road. Owner: BJV Nagawaukee LLC. Applicant: Darin Frerichs. Applicant requests approval of an Amendment to an existing Planned Development Approval to accommodate a land division. Rob Hobbick, 13550 Highwood Dr, Elm Grove, WI was present to speak. Darin Frerichs, 301 N. Broadway, Milwaukee WI was present to speak. Barrows summarized the application as presented in the packet as well as the proposed ordinance amendment. Cahalane asked for the reason for the requested land split. Hobbick stated to provide flexibility. He indicated some owners just want to own the strip center side. He prefers to own the Mid -Box store side. There will be a uniform maintenance program. Cahalane asked if it will be contractually documented for the maintenance program. Hobbick stated it will be controlled by one party, and they will send a bill out. Plan Commission Agenda Wednesday, April 29, 2026 Page 6 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Motion by Krienke, seconded by Hausman, to approve the proposed amendment of the Planned Development in accordance with the enclosed draft ordinance to acknowledge the proposed land division and flexibility proposed for parking with cross-access, parking, stormwater maintenance, and sign easements to be reviewed by City Staff as part of the proposed modification and prior to Common Council consideration. All in favor. Motion carried. C. DELC0735998, 4024 Nagawicka Road. Owner: University Lake School. Applicant: Chris Buday. Applicant requests approval of a Conditional Use – Site Plan and Appearance Amendment and Business Plan of Operation to install soccer field lighting and to construct a shed. Chris Buday, 4420 Nagawicka Rd, Delafield, WI, was present to speak. Melissa Benson, W327 S755 Timberline Cir, Delafield, WI was present to speak. Tim Prosek, Representing the Musco Lighting Manufacturer was also present to speak. Barrows summarized the additional updates to the original application as presented in the packet. Prosek spoke regarding the technology specifics of the lights. Mayor asked how close to the light pole would you need to be to see the lights. Prosek stated at 150 feet back from the field, you can’t see the light. There is a light visor that covers it. The light remains within the property of the campus. Mayor asked if they generate any noise. Prosek stated these particular light fixtures have zero noise. It is a different technology, so you won’t hear a thing. Marek asked if the light was shielded. Prosek stated the light is shielded with a wedge-shaped visor that pushes light downward. Schult asked about the power source. Prosek stated the proposed shed will have the breakers that power the system. There will be drivers on the pole for the LED fixtures. Buday stated that WE Energies will run a new service from the utility pole to the shed. Hausman stated he is struggling with the application. He opposes lights but the technology sounds appealing. He stated he will have to try to take their word for it but having a hard time buying technology will be that good. Cahalane asked when the temporary lights are used. Benson advised the temporary lights are used for homecoming weekend with a lot of games, alumna, school spirit events. She indicated they can’t have all of the games in the daylight, so the temporary portable lights are used. The past year they did keep the temporary lights on a little longer than just Homecoming weekend. Benson discussed WEA requirements as well as their intentions for operation. Buday indicated they sent photos with the application of other fields in the area with similar lights that were the most comparable. Krienke stated that the technology will either work or it doesn’t. They must take them at face value. He thought the proposal addresses the concerns of the neighbors. He suggested that parking was a larger issue. Buday supported more parking enforcement. Plan Commission Agenda Wednesday, April 29, 2026 Page 7 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Mayor stated that while the lighting was a concern, the noise and intensity of use are also issues. They will have to consider the imposition on the neighbors for this change. Marek asked about their plan for parking. Buday stated they have adequate parking now at the school. They aren’t looking to expand their operations but simply want to spread the games to a few nights a week to reduce the demand for parking. He stated the problem is people parking where they shouldn’t. Benson stated they can increase communications with guests, and signage for parking and wayfinding to help them know where to park. Barrows stated the application proposed a 9:00 pm cut off time. Barrows stated she put in the potential conditions a cut off time of 10:00 pm. She stated the applicant is willing to reduce the hours to 9pm. A discussion occurred about proposed usage in the application. Motion by Krienke, seconded by Wilken, to approve the Conditional Use Site Plan and Appearance and Business Plan of Operation subject to staff drafting a Conditional Use Agreement that identifies the existing and proposed uses and operations on the property and subject to the following listed conditions: 1. The Conditional Use Amendment is limited to the construction of athletic field lighting in the southwest athletic field, and the construction of a 20 ft. x 30 ft. shed located at least 30 ft. from the road right-of way of Nagawicka Road. As part of the amendment to the business operations to provide seating for additional spectators, an additional set of bleachers may be installed on the lighted field. 2. All necessary building, electrical and plumbing permits shall be issued by the Building Inspector prior to permit issuance for the shed. 3. All parking during athletic events shall be on private property of the school. A sign shall be installed in the parking lot adjacent to the athletic field providing directions to spectators for additional overflow parking. 4. The athletic fields shall remain screened from view by neighboring properties. The property owner shall maintain existing vegetation and provide new generational growth in areas where, at any time, trees are declining in health. 5. Temporary light fixtures are not permitted. 6. All athletic field lighting shall be turned off by 9 pm. The lights shall be used seasonally, with usage limited to the months of April through May and August through October no more than 2 to 3 times per week. 7. Lighting shall not cause glare, obstruction, or trespass on adjacent properties or the road. If it is determined by Common Council, following a recommendation by Plan Commission, that the lights have a proven impact on glare, obstruction, or trespass, the City reserves the right to terminate this Conditional Use Permit following a public hearing in accordance with the provisions of the City of Delafield Zoning Ordinance. 8. The usage of athletic field lighting shall be limited to University Lake School related athletic and academic events and for WIAA-sanctioned events and playoffs with exclusive use for ULS team participation only. 9. The Conditional Use Amendment shall be recorded against the Property with Waukesha County Register of Deeds prior to commencing any construction activities on the Property. 10. That in all other respects, previous Conditional Use Permits, Site Plan Approvals, and Business Plan of Operations are ratified and affirmed. Motion carried with Hausmann voting Nay. D. DELC0808985002, 501 Maple Avenue. Owner: Cedar Square III LLC. Applicant: John Barker, 501 Maple, LLC. Applicant requests approval to create a Planned Development Overlay District, Plan Commission Agenda Wednesday, April 29, 2026 Page 8 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov including General Development Plan and Specific Implementation Plan approval and Site Plan and Appearance Approval to allow a 16-unit residential condominium development. John Barker, 501 Maple Ave, Delafield, WI was present to speak. Chris Boyce, 1805 Hickory Hill Ln, Brookfield, WI was present to speak. Barrows presented the list of criteria for the Planned Development Overlay District from Section 52- 263(h) of the code as presented in the packet. Barker spoke again about the retaining walls. Motion by Hausman, seconded by Cahalane, to recommend to the Common Council to approve the creation of the Planned Development Overlay District, including General Development Plan (GDP) and Specific Implementation Plan (SIP) approval and Site Plan & Appearance Approval to accommodate a 16-unit single-family residential condominium development subject to the following conditions: 1. Compliance with the enclosed Planned Development Overlay District Ordinance. 2. Approval is inclusive of the Condominium Plat and related documents and retaining wall construction. 3. Staff review of the final Condominium Plat and related documents. All in favor. Motion carried. E. DELC0796994, 112 S. Cushing Park Road. Owner & Applicant: Robert & Claire Widule. Applicant requests approval to rezone the subject property from the A-1E Exclusive Agricultural District to the A-1 Agricultural & Residential Holding District. Robert Widule, 112 S. Cushing Park Rd, Delafield, WI were present to speak. Motion by Wilken, seconded by Krienke, to recommend to the Common Council to approve the Conditional rezoning of the subject property from A-1E to A-1 subject to the enclosed ordinance. All in favor. Motion carried. 10. New Business Discussion and possible action on the following items: A. DELC0804982, 2900, 2910, 2912, 2916, 2920, 2926, 2930, 2940, 2948, 2950 & 2952 Golf Road. Owner: BJV Nagawaukee LLC. Applicant: Darin Frerichs. Applicant requests approval of a Certified Survey map to divide a parcel into two parcels. Rob Hobbick, 13550 Highwood Dr, Elm Grove, WI was present to speak. Darin Frerichs, 3219 E. Koenig Ave, St. Francis, WI was present to speak. Barrows summarized the application for the Certified Survey Map as presented in the packet. Motion by Marek, seconded by Wilken, to recommend to the Common Council to approve the Certified Survey map subject to the following conditions: 1. Conditional upon the Planned Development overlay District being approved by the Common Council. 2. The signatures shall be amended to refer to Timothy A. Aicher as the Mayor. 3. The Chairperson shall be removed and replaced with Molly Schneider, City Clerk, under the Plan Commission approval. All in favor. Motion carried. Plan Commission Agenda Wednesday, April 29, 2026 Page 9 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov B. DELC0808985002, 501 Maple Avenue. Owner: Cedar Square III LLC. Applicant: John Barker, 501 Maple, LLC. Applicant requests approval of a Certified Survey Map to create an Outlot. John Barker, 501 Maple Ave, Delafield, WI was present to speak. Chris Boyce, 1805 Hickory Hill Ln, Brookfield, WI was present to speak. Barrows summarized the application for creating an outlot as presented in the packet. She recommended approval subject to compliance with all Engineer, Surveyor, and Planner comments prior to consideration by Common Council. Barker spoke regarding the land of the proposed outlot. Motion by Marek, seconded by Wilken, to recommend to the Common Council to approve the Certified Survey Map subject to the compliance with all Engineer, Surveyor, and Planner comments and conditions prior to consideration by Common Council. All in favor. Motion carried. C. DELC0808985002, 501 Maple Avenue. Owner: Cedar Square III LLC. Applicant: John Barker, 501 Maple, LLC. Applicant requests approval of Signage to identify a 16-unit residential condominium development. John Barker, 501 Maple Ave, Delafield, WI was present to speak. Chris Boyce, 1805 Hickory Hill Ln, Brookfield, WI was present to speak. Barrows summarized the application as presented in the packet. She recommended approval of the signage as presented and within the road setback contingent upon the proposed development being constructed. Barker spoke regarding the size and dimensions of the proposed sign. Motion by Schult, seconded by Wilken, to approve the signage as presented within the road setback and contingent upon the proposed development being constructed. All in favor. Motion carried. D. DELC0796994, 112 S. Cushing Park Road. Owner & Applicant: Robert & Claire Widule. Applicant requests feedback and to schedule a public hearing for a Conditional Use Permit to operate an agricultural-oriented business. Robert Widule, 112 S. Cushing Park Rd, Delafield, WI, was present to speak. Barrows summarized the application as presented in the packet. She recommended providing feedback and scheduling a Public Hearing. The CU he is pursuing is the same as the recent application for a farmer’s market; the artisan and craft fair workshop uses. Barrows brought up the various business uses proposed. Widule indicated this year would be the u-pick dahlia flowers, roadside coffee truck, beer and wine truck, and music. Next year they will introduce the winery. Barrows indicated a detailed business plan of operation would be needed. She recommended they schedule a public hearing for the CU. Widule commented on the parking. In the northwest area of the property, the field is flat for overflow parking. They will revisit the topic in the future depending on how much traffic is generated. Plan Commission Agenda Wednesday, April 29, 2026 Page 10 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Mayor commented it’s difficult to control the amount of traffic. He stated this would need to be up for annual renewal so it’s not disruptive to the neighbors. He suggested Widule reach out to the neighbors and have open discussions due to their concerns. Widule recognized that street parking is a concern. He suggested if the City wants to make the street no parking, he is open to that. Krienke brought up the music level due to neighborhood concerns. Widule stated they don’t want to charge for concerts, that it’s not a concert venue, just background music. He would like to team up with local youth music group to perform there. He stated their vision is for a relaxing environment and showcasing the history of the property. The various uses were discussed. Barrows stated he would need a specific business plan of operation that included hours of each element, frequency, music amplification, lighting, hobbyist information, use of tents to include size and quantity and parking. Motion by Schult, seconded by Marek, to schedule a Public Hearing for the May 27, 2026, Plan Commission meeting. All in favor. Motion carried. E. DELC0788021, 1419 Milwaukee Street. Owner: Holly K Halsted-Smirl 2023 Living Trust. Applicant: Alison Jones. Applicant requests approval to make improvements to the existing boathouse located on the east side of the property. Matt Retzek, 528 Wells St, Delafield, WI representing Bartelt Remodeling, was present to speak. Barrows summarized the application as presented in the packet. Hausman remarked that the boathouse has been there for many years. It is grandfathered in and is legally nonconforming. The Lake Welfare Committee already approved it. Motion by Hausman, seconded by Wilken, to approve the boathouse improvements as presented subject to the following conditions: 1. Construction of the boathouse improvements shall not commence until a Certificate of Compliance is issued by the City Planner and a Building Permit is issued by the Building Inspector. The boathouse plans prepared by Bartelt and reviewed by the Lake Welfare Committee shall be complied with. 2. Construction of the boathouse improvements shall not commence until a Professional Licensed Engineer demonstrates that all provisions of Chapter 16 Floodplain Ordinance have been met. 3. Construction of the boathouse improvements shall not commence until the Wisconsin Department of Natural Resources has confirmed that the improvements comply with all state and federal requirements. 4. No changes to the overhead door are proposed nor permitted. 5. The applicant shall verify that the raingardens constructed in 2014 are still properly functioning. All in favor. Motion carried. F. DELC0787980001, 1133 Bay Shore Lane. Owner: Aaron Holtebeck. Applicant: Tim Rigsby, Rigsby Group Inc. Applicant requests approval to construct a boathouse. Plan Commission Agenda Wednesday, April 29, 2026 Page 11 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Chase Rigsby, 829 N. Roosevelt Ave, Oconomowoc, WI, representing the Rigsby Group, was present to speak. Chase stated they would be adding one light to the man door that will match the others. Barrows summarized the application as presented in the packet. She mentioned that an u pdated landscape plan is needed. Motion by Schult, seconded by Marek, to approve the construction of a boathouse subject to the following conditions: 1. Construction of the boathouse shall not commence until a Certificate of Compliance is issued by the City Planner and a Building Permit is issued by the Building Inspector. The boathouse plans prepared by Rigsby Group dated March 31, 2026, shall be complied with. 2. The boathouse shall comply with all setbacks and be located on a scaled plat of survey. 3. The raingarden shall comply with the DNR publication " Rain Gardens: A how -to manual for homeowners" (© 2003)”. 4. Lighting shall be downward, full cut-off, and shielded. Lighting shall be turned off by 10:00 pm each night. 5. The windows associated with the overhead door facing the lake shall not exceed 25% of the door area. 6. The applicant shall provide a plant list for the raingarden that consists of grasses and sedges that make up at least 40% of the total plant composition. Plant species from the plant selection list specified in Section 52-25(c) shall be used. 7. The raingarden shall be installed and fully established within six months of boathouse completion and prior to occupancy and final inspection of the boathouse. 8. The boathouse shall be used exclusively for the storage of boat and, marine and accessory items used by the occupants of the lot. The boathouse shall not be used for human occupancy or habitation. 9. The boathouse shall be placed on a permanent frost-free foundation. There shall be no interior walls or separate rooms. 10. No plumbing was proposed nor permitted. One hose bib is allowed. No HVAC equipment is allowed. 11. Electricity is limited to a single 110-volt, 20-ampere circuit. 12. The rooftop deck railing shall be at least 50% open. All in favor. Motion carried. G. DELC0798192, 976 Park Way. Owner & Applicant: Ian and Abigail Martin. Applicant requests Site Plan and Appearance approval to construct a fence. Ian & Abigail Martin, 976 Park Way, Delafield, WI, were present to speak. Barrows summarized the application as presented in the packet. The original fence requirements were for a height of 4 ft, with 50 % open. It was allowed to extend to 6 ft in height to the rear of the property as it was going to comply with the rear lot line setback. It was later determined that the constructed fence did not comply with the requirements. The entire fence was constructed at 6 ft in height, less than 50% open, and all is within the setback. They have since reduced the fence to 4 ft with 50% open on the side lot lines. They are asking to keep the rear portion as a 6-foot privacy fence due to trash, debris and unkept landscaping. Plan Commission Agenda Wednesday, April 29, 2026 Page 12 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Ian Martin stated that they would like to keep rear fence as they now built it, believing it was constructed at 5 ft total, not 6 ft., with the top one foot being open with decorative slats. He stated they support the American Legion but would like to keep the fence. It is unkept in the back of the Legion. They d on’t want to tell them what to do with their operations. There is a 20-30 ft strip where people walk through the Legion property. Their concerns are part aesthetics and part privacy concern. Krienke asked why they didn’t build it to what was approved. Martin stated at the time the rear fence was constructed, they didn’t know where the property line was. By time they moved in, they had it surveyed and the rear fence ended up being inside the 10 ft setback. The fence on the sides was a miscommunication with the contractor. They corrected the side fencing once notified. Marek stated he spoke to the Legion Post and they are removing some of the debris and cleaning it up. Hausman stated the bigger issue is the height of the rear fence. Barrows stated they are allowed to have a 6-foot-tall fence in the rear if it meets the setback and was 50% open. Hausman asked why the fence wasn’t 50% open. Martin felt the code was confusing. Prior to moving in, they didn’t know it was built inside the 10 ft setback. He felt he was within the code with the fence being four feet, opaque with one foot open on top. Now he realized it was a mistake. They had it surveyed, and the fence is right on the property line. Krienke commented on building first and coming back later for forgiveness, even though this is in good faith. Marek was concerned it is built and now you want us to say it’s ok. It will set a precedent for others to come in and do the same. Their contractor should have done it correctly. The options are to leave it, move it back in from the lot line or cut it down to 4 ft with 50% open. Martin acknowledged It was their mistake. He suggested they could pay a fine because they made a mistake. It would be a deterrent for any precedent. He felt it was a reasonable solution. Marek stated there is still an issue with compliance of the municipal code. He suggested they cut it down to the correct height and make it 50% open. The plantings will help with the privacy issue. Krienke asked about the specifics of the ordinance. One solution is to make it four feet tall with 50% open. Martin stated that with a four-foot fence anyone can look over the fence. Marek mentioned they have already taken steps with landscaping in that area. A discussion occurred about the landscaping suggestion. Barrows stated for clarification that this is not a variance or non-compliant with the code, although they built it without the required permits. The code says a privacy fence can be approved with certain criteria. The issue is they are not non-compliant. Mayor stated they built first and are asking for approval now. They have to decide if his reasons are enough to approve it and are they setting a precedence. A discussion occurred about the ordinance specifics. Motion by Krienke, seconded by Cahalane, to approve a 4 feet high 50 % open fence, pursuant to consideration that it abuts a non-residential use backyard. Motion failed with Hausman, Schult, Wilken and Marek voting Nay. Plan Commission Agenda Wednesday, April 29, 2026 Page 13 of 13 Office: (262) 646-6220 - E-Mail: clerksoffice@cityofdelafieldwi.gov – www.cityofdelafield.gov Motion by Marek, seconded by Wilken, to approve a fence subject to the requirements of 4 feet high with 50% open. Motion passed with Krienke and Cahalane voting Nay. 11. Comprehensive Plan, Zoning and Ordinance Revision: Discussion and possible action on the following items: 12. Report of City Officials A. Correspondence B. Planner - Barrows No report. C. Building Inspector – Hussinger No report. 13. Plan Commission meeting dates and deadlines 1) Regular meeting May 27, 2026 2) Regular meeting submittal deadline April 29, 2026 14. Adjournment Having no further business, the meeting was adjourned at 9:44 p.m. Respectfully submitted, Shari Janke Recording Secretary