Minutes 9-4-24

TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday September 4, 2024 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, Usarek, Moulas (arrived at 6:35), Schuett, Supervisor Clabault and Chairman Topczewski were present. Commissioner Bratz and Bell were absent. Town Board: Chairman Topczewski, Supervisors Boucher, Wrasman, Yerke and Clabault were present. Also present: John Macy, Town Attorney; Gail Obradovich, Deputy Clerk-Treasurer; and Ben Greenberg, Town Planner. 4. Meeting minutes of August 7, 2024 Plan Commission Action: Motion by Commissioner Schuett to approve the minutes of August 7, 2024, second by Commissioner Usarek, all ayes; motion passed. Town Board Action: Motion by Supervisor Wrasman to approve the minutes of August 7, 2024, second by Supervisor Boucher, all in favor; motion passed. 5. Report by Building Inspector regarding any alleged or outstanding violation(s) The Building Inspector had reported he had no new violations 6. Special exception to exceed the standard floor area of a detached accessory structure located at S66W28412 River Rd; Jack Walrath applicant (application 2024-16) The Chairman gave an overview for the application. The Town planner disc his staff report dated August 27, 2024. Mr. Walrath was present. A Bond was discussed or removal of the existing building and to amend condition 5 with additional requirements. Plan Commission Action: Motion by Commissioner Usarek to recommend to the Town Board the approval of the petitioner’s request for additional floor area based on the specific findings and the terms and conditions listed below. Specific Decision Criteria (Sec 36-719) (1) The detached building has no more than 4 side-by-side vehicles facing the right-of-way from which the dwelling unit has street access; (2) The detached building is not used for any commercial or industrial purposes, except as otherwise allowed by the chapter; and (3) The detached building complies with all other requirements of this chapter. (4) The architecture of the accessory building is compatible with the dwelling unit; (5) The accessory building will not be adverse to the public health, safety or welfare; (6) The accessory building will not be in conflict with the spirit or intent of this chapter; and (7) The accessory building will not otherwise be detrimental to the town or the immediate neighborhood where the structure would be located. General decision criteria. Special exceptions are evaluated on a case-by-case basis using the factors Joint Plan Comm/Town Board Minutes September 4, 2024 Page | 2 listed below. (1) The size of the subject property in comparison to other properties in the area; (2) The extent to which the issuance of the special exception permit would be in keeping with the overall intent of this chapter; (3) Whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception permit; (4) The nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception permit was granted; (5) The nature and extent of anticipated positive and negative effects on properties in the area; (6) Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception; (7) A factor specifically listed under a section of this chapter authorizing the issuance of a special exception permit; and (8) Any other factor that relates to the purposes of this chapter as set forth in s. 36 -5 or as allowed by state law. Conditions: (1) The property owner must obtain a zoning permit within 6 months of this date. (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) Prior to issuance of a building permit, a deed restriction in a form approved by the town attorney, shall be filed in the county register of deeds office, indicating that a special exception has been granted and recording any conditions of approval, including a statement that the accessory building may only be used for personal use and cannot be used for any type of commercial or industrial purpose unless otherwise permitted by this chapter. (4) The proposed building must comply with all applicable requirements of the Town’s zoning regulations. (5) Prior to the issuance of a zoning permit the property owner shall either remove the metal building or enter into an agreement in a form acceptable to the Town Planner and deposit monies in the amount approved by the Building Inspector to guarantee the removal of the metal shed. Building Inspector to appraise for a cost to remove the metal shed and obtain permission allowing the Town access to the property to remove the building at the owner’s expense. (6) 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. (7) 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; (8) 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. (9) 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 Chairman Topczewski. All in favor; motion passed. Town Board action: Motion by Supervisor Wrasman to accept the recommendation of the Planning Commission to approve the petitioner’s request for additional floor area based on the specific findings and the terms and conditions listed. Second by Supervisor Clabault, all in favor; motion passed. Board vote to be reaffirmed at the Town Board meeting on September 18, 2024 at 6:30pm. 7. Review of application forms and formal notification to FFL CUP holders and other CUP with periodic review requirements. Chairman Topczewski gave a summary of the materials dated September 4, 2024. Joint Plan Comm/Town Board Minutes September 4, 2024 Page | 3 Mr. Greenberg outlined the timelines and procedures he had put together per suggestions. Discussion followed. All Cu’s to be reviewed on the same month, each February, two years maximum time allowed beginning 2025 before reviews. A list of all current CU’s issued to be compiled by the Planner and Deputy Clerk for October meeting. 8. Town Planner report (no packet materials) 9. Recommendations for future agendas 10. Miscellaneous updates (none) A. Phantom Lake Management District B. Fox River Commission 12. Adjournment Plan Commission action: Motion by Chairman Topczewski to adjourn at 7:18p.m, second by Commissioner Boucher. All ayes, motion passed. 13. Adjournment Town Board action: Motion by Chairman Topczewski to adjourn at 7:18p.m, second by Supervisor Clabault. All ayes, motion passed. Respectfully submitted, Gail Obradovich Deputy/Clerk-Treasurer Approved October 2, 2024