Betty Novy, Clerk Treasurer; Jonathan Schattner, Zoning Administrator; and John Tierney, Village Engineer, were also present.

Transcription

1 VILLAGE OF ROCHESTER Mike Weinkauf called the meeting to order at 7:00 p.m. with the following members present: Paul Beere; Chris Johnson; Tom Rowntree and Mark Tamblyn. Maureen Eckert and Patricia Gerber were absent. Betty Novy, Clerk Treasurer; Jonathan Schattner, Zoning Administrator; and John Tierney, Village Engineer, were also present. Correction or Approval of February 18, 2013 minutes Tamblyn moved, 2 nd by Beere to approve minutes from the February 18, 2013 meeting contingent on correctingthe time the meeting was called to order to 6:00 p.m. Motion carried. Public Hearings: Application for Rezoning from R-4, Multiple Family Residential District, to R-2, Single Family Residential District: 503 S. Front Street Owner/ Applicant: Scott Mayrand (Parcel # ) Schattner presented an aerial map showing the location of the subject property and zoning districts in the immediate vicinity. The subject property as well as those surrounding it to the north, south and northwest are currently zoned multiple family. Residences immediately across the street are zoned single family. Schattner indicated the purpose of the application is to correct the zoning designation for the subject property to reflect its actual use. The property has been in single family use since 1945 and was incorrectly designated when the zoning code was initially adopted. The property owner was denied the refinancing of his mortgage due to the non-conforming use of the property. Mayrand addressed the Commission explaining the problems he had with refinancing and noting the need to correct the zoning designation for both financing purposes and any future property owners. Schattner stated he had made an offer to correct the zoning designation when the village adopts a new zoning code later in the year. However, Mayrand did not want to wait as his refinancing is contingent on getting the designation corrected. Commissioners questioned whether the use of the property could be converted to multiple family. Mayrand indicated the size of the lot and layout of the residence makes that impossible. Weinkauf questioned whether zoning this parcel differently than those immediately surrounding it would constitute spot zoning. Schattner indicated the use is compliant with the medium density residential designationspecified by the Land Use Plan for this area (6,200 square feet per residence). The subject property is 6,324 square feet so single family is appropriate for the size of the lot. As residential use is the same use as those properties surrounding the parcel, it does not constitute spot zoning. Commissioners noted other instances of properties being zoned incorrectly and agreed the zoning should be corrected. Novy noted the zoning code requires that the Plan Commission make its recommendation on rezoning at a meeting subsequent to the meeting at which the request is first heard. Action must be delayed until the May meeting. No one appeared from the public to comment on the application. Beere moved, 2 nd by Tamblyn to close the public hearing at 7:14 p.m. Motion carried.

2 VILLAGE OF ROCHESTER Action Items: Site Plan Review to construct a 28 x 36 accessory structure at Oak Knoll Road Applicant/ Owner: William and Debra Lauenstein (Parcel # ) Schattner displayed the site plan showing the proposed location to construct a barn on the Lauenstein property. He explained siteplan approval is required because adding the square footage of the proposed structure to existing structures on the property exceeds a 3% maximum requirement specified by the zoning code. The maximum can only be exceeded with Plan Commission approval. William Lauenstein addressed the Commission. He explained he had received approval from the Village Board to house two horses on his property. The proposed barn offers dry storage for hay and miscellaneous equipment. It was noted that the property is buffered by trees and that there are no close neighbors. Novy noted property owners within 100 feet had been notified of the proposal. No objections were submitted. Weinkauf questioned drainage in the area. It was noted that topography was such that this structure should not have an adverse impact on drainage. Manure management for the horses was also discussed. Lauenstein indicated their intention to compost manure on site and utilize it for plantings on their property; and that a neighbor will be taking any excess to use as fertilizerfor their landscaping business. Johnson moved, 2 nd by Rowntree to approve the site plan for William and Debra Lauenstein to construct a 28 x 36 accessory structure at Oak Knoll Road contingent on the zoning administrators recommendations (as follows): 1) Upon receiving approval from the Village of Rochester Planning Commission, it is the responsibility of the applicant to obtain a zoning permit card for the proposed horse barn to be constructed on this property, at a total cost of $70.00 from the Village Zoning Administrator, prior to starting this project. The zoning permit card must be displayed in a prominent location at the project site, and a copy of these conditions must be kept at the project site at all times. 2) The proposed 28 x 36 horse building shall be sized and located as shown on the submitted site plan, received by the Village of Rochester on March ) The property owner is required to obtain a building permit from the Village of Rochester Building Inspector, prior to starting construction. 4) It is the understanding that the property owner will dispose of the animal waste by a licensed waste management hauler or has an agreement from an adjacent property owner to spread the animal waste on their agricultural property. 5) The applicant must allow the Zoning Administrator or a Village employee unlimited access to the project site at a reasonable time to investigate the project s construction, operation, and maintenance. 6) The applicant is responsible for obtaining all necessary federal, state and local permits, approvals, and licenses and complying with their applicable codes. 7) No additions, deletions, or changes may be made to these conditions without the prior approval from the Village of Rochester Planning Commission.

3 VILLAGE OF ROCHESTER ) The applicant s acceptance of this approval/permit and beginning the project means that they have read, understand, and agree to follow these conditions. Therefore, William & Debra Lauenstein, their heirs, successors, and assigns are responsible for full compliance with these conditions. 9) It is the property owner s responsibility to inform any subsequent owner or operator of these conditions. Motion carried. Petition for Plat Amendment: Rock Ridge Subdivision. Applicants: Bruce and Cynthia Kozelou, 920 Rock Ridge Road Schattner introduced the petition noting that the applicants wish to construct a driveway through a wetland area on Lot 7 that is protected by a plat restrictionthat prohibits grading, filling or excavating in the wetland. The proposed amendment allows an exception to the restrictionthat would allow them to do so. The driveway crossing has been engineered and a wetland ecologist has been consulted regarding the impact of the driveway crossing on the wetland. Schattner noted that both the engineer and wetland specialist were present at the meeting to answer any questions. Atty. Leibsle then introduced himself as legal representation for the applicants. Leibsle explained the legality of the proposed amendment. The original approval authorities of the subdivision plat were Racine County and the Town of Rochester. Since the Town of Rochester consolidated with the Village of Rochester and plat approval is no longer subject to County approval, the Village of Rochester has the authority to amend the plat restriction. The process is such that the Plan Commission and Village Board must find that the area in which the driveway is proposed to be placed is suitable for this type of development. If it is found suitable, the Village Board would adopt a resolution authorizing a Correction Instrument to Modify a Plat Restriction. This would then be recorded with the Register of Deeds to amend the plat. Leibsle also reported that the Village Attorney had reviewed the process, resolution, and correction instrument and found them to be compliant with state and local law. Leibsle further clarified the request as to modify the plat restriction on 6/1000 th of an acre to allow a driveway to cross the wetland. No other changes are being requested of the plat. The DNR (Wisconsin Department of Natural Resources) issued a permit for the driveway crossing in 2007 upon finding that the driveway would have no adverse effects on the wetland.leibsle then indicated both the wetland specialist and driveway engineer were available at the meeting for questions regarding the proposed driveway. Wetland specialist Dave Meyer addressed the Commission. Meyer reported that he had performed wetland staking when the subdivision was originally platted in He explained the areain question seems to be associated with a remnant agricultural ditch and that it is dominated with reed canary grass, an invasive wetland plant species. The functional values of a wetland were explained as groundwater discharge and recharge; wildlife habitat; and recreational. The only function Meyer sees this wetland depression offeringis some habitat, but he noted there are many other opportunities with larger wetland complexes in the immediate vicinity. Meyer was questioned on whether he believed there were any farm drain tiles in this wetland area. He did not believe so. Joe Kojis was present in the audience and was known to have farmed this land in the past. Kojis also indicated no knowledge of drain tiles in the area. Chris Johnson noted performing soil tests on the property. He also indicated no drain tileswere found as part of his testing process. It was then confirmed that the ANR gas pipeline that runs through the subdivision does not cross this wetland area. Johnson asked Kozelou if he intended to pave an existing driveway on the property. Kozelou responded no.

4 VILLAGE OF ROCHESTER Warren Hansen, the engineer who designed the driveway, then addressed the Commission. Hansen stated he was operating under the assumption was that there was a small drain tile in the depression. In any circumstance, if drain tiles are found, they would be repaired during driveway construction. Hansenreviewedthe details of the driveway plan that had been submitted with the application materials. The proposed drivewaywill cross the sanitary sewer lateral serving the residence on this property, but the lateral is nine feet deep and should not be impacted by the crossing. The crossing will be 15 feet wide at the top and slopes will be 1:4 where it widens; but tighten up to 1:3 adjacent in the crossing area. The culvert will be 48 wide. Two feet deep of material will be excavated to install base materials. Excavated materials will be used to create the side slopes. Schattner asked if any surplus materials would be trucked off. Hansen indicated it would, but he didn t expect there to be any surplus. It was also discussed that if a drain tile is found, it should be fixed in the whole area disturbed for the driveway. Weinkauf opened up the petition to comments from those present in the audience. Steve Kempken, original developer of the subdivision, addressed the Commission. Kempken stated his concern that this driveway and associated fill would reduce the volume of the wetland depression. He indicated that lots 3,4, 5, 8, 9,10, 11, and 12 all drain to this area and that it serves as an overflow for the main pond. Hansen indicated that the culvert is being set in the driveway at a certain height so as not to interrupt the depression s overflow function. He also indicated that the driveway and fill reduce the volume by only.5% (1/2 of 1%) of its total volume. John Tierney, Village Engineer, indicated culvert heights are such that water would over top the driveway before it would overflow to adjacent land to the north. Weinkauf questioned Kempken directly on whether he felt installation of the driveway would cause water to back up in the subdivision. Kempken indicated not really. Garrick Smith, 950 Rock Ridge Road, addressed the Commission. He reportedhisobservance of water running through the subdivision. He noted it travels primarily to the wetland west of the area in question. When it backs up, it backs up to where part of Smith s driveway crosses. Smith stated he does not object to the Kozelou driveway crossing. He stated no concerns. Greg Gilanyi, 910 Rock Ridge Road, addressed the Commission. He reported the detention pond split between Lots 7 and 8 is now full with water from the spring thaw, but the pond by Kozelou is not. He stated no objection to allowing Kozelou s driveway crossing. John Tierney, Village Engineer, reported he had looked at the driveway plan and that his recommendationswere submitted to Plan Commissioners. Tierney believes this wetland area served as a backup pond before the land was developed, but since other ponds have been located upstream, it would only be utilized for stormwater detention in 100+ year rain events. Howard Edwards, 930 Rock Ridge Road, addressed the Commission. He indicated no objection to allowing the Kozelou driveway crossing. Commissioner Rowntree stated he does not see a problem because of the limited size and impact of the driveway. Novy reported Kozelou submitted written statements of no objection from surrounding property ownersand subdivision lot owners that he had solicited and received in The names of the property owners who signed statements of no objection were read as follows: Quinn and Kelly Hanson, 1101 Rock Ridge Road; Matthew Bieneman, Lot #2, Rock Ridge Subdivision; Katy Smith, Lot #3, Rock Ridge Subdivision; Larry Uglow, 909 Rock Ridge Road; Lori & Greg Gilanyi, 910 Rock Ridge Road; Howard and Linda Edwards, 930 Rock Ridge Road; Garrick Smith, 950 Rock Ridge Road; Samantha Vos, 960 Rock Ridge Road; Chris and

5 VILLAGE OF ROCHESTER Pearl Laux, 970 Rock Ridge Road; Paul Kulwicki, Lot 11, Rock ridge Subdivision; Judith Karweik, Lot 13, Rock Ridge Subdivision; Paul Beere, 733 N. English Settlement Avenue; and Richard Rehberg, Plank Road. Novy noted an updated statement of no objection was ed from the Hansons on March 23, Also reported- a written statement of objection was submitted to the Clerk s office by Carolyn Kempken, owner of Lot 4, Rock Ridge Subdivision. The statement was read (as follows): I am opposed to destroying a part of the wetland. I bought my lot believing the wetlands would be protected and not changed. The wetlands in Rock Ridge filter, clean, and store water, not only to benefit the human residents but also to protect and provide a natural habitat for all the animals, waterfowl, birds, insects, and plant life. I do not want to see that changed. We know the wetland is doing its job when we see wildlife nesting there and seeking shelter. It provides them with a wet home and keeps ours dry. Rock Ridge is not the only one to benefit from wetlands. Our surrounding communities are part of this eco system. The wetland has been there for years and should not be altered or destroyed. We have future generations to save this natural habitat for. Plan Commissioners discussed the suitability of the proposed driveway crossing the wetland area and determined that it would not have an adverse effect on the wetland s function or subdivision drainage. They also determined that allowing the driveway crossing was not contrary to the intent of the land division regulations in effect when the subdivision was originally approved. It was verified that the DNR permit was still valid. Johnson moved, 2 nd by Rowntree to recommend approval of the petition for plat amendment to the Village Board contingent on the recommendations of the Zoning Administrator (as follows): 1) Recording the Correction Instrument to Modify a Plat Restriction with the Racine County Register of Deeds Office and providing a copy of the recorded document to the Village of Rochester for inclusion into their file. 2) The petitioner shall comply with the conditions outlined engineering report prepared by John Tierney, Rochester Village Engineer, dated March 20, ) Complying with the conditions of the wetland fill permit approved by the State of Wisconsin Department of Natural Resources on dated December 17, ) Obtaining an erosion control permit and bond from the Village of Rochester Building Inspector for any land disturbing construction activity, which includes filling and grading, required under Chapter III Section 3.10 of the Town of Rochester Code adopted by the Village of Rochester on November 4, ) All excavated fill material shall remain on-site and shall not be relocated in a designated wetland area, block any existing drainage patterns nor be placed over the existing on-site sanitary system. 6) Silt fencing shall be placed down slope on the east and west side of the proposed driveway and utility line to prevent sedimentation from entering into the existing wetland area. 7) Repair or replace any damaged drainage tile as a result of the construction of the proposed driveway and utility line. 8) Permanently vegetate all disturbed areas on either side of the proposed driveway to prevent erosion from occurring. Votes were: Johnson: Aye; Rowntree: Aye; Tamblyn: Aye; Weinkauf: Aye. Beere recused himself. Motion passed.

6 VILLAGE OF ROCHESTER Application for Certified Survey Map: Land Division creating three lots out of two at 29020, and Washington Ave. Owner/ Applicants: Joseph & Ione Kojis Trust (Parcel #s & acres) Schattner explained the proposed land division for a land division to re-divide the previously approved CSM # 2852, consisting of 3.74 acres, into three (3) lots, located on the north side of Washington Avenue, approximately 1012 feet east of State Trunk Highway 36. The submitted plan was displayed showing the proposed lots to be created as follows: a. Lot 1 of the proposed land division consists of 1.84 acres of land (80,153 sq. ft.), exclusive of road-rightway and an existing two-family residence with detached accessory structures will remain on this lot. b. Lot 2 consists of.94 acres of land (41,131 sq. ft.), exclusive of road right-of-way and an existing single family residence, detached garage and shed will remain on this lot. c. Lot 3 consists of.96 acres of land (41,790 sq. ft.), exclusive of road right-of-way and is a vacant wooded lot that will be combined with the remaining portion of the farm land identified as Parcel Id. # Commissioners discussed the location and sizing of the off-site private onsite wastewater treatment easement and placement of a new driveway that will serve Lot 1. The applicant, Joe Kojis, and Gary Foat, surveyor, were present in the audience. Foat indicated he would adjust the easement to ensure 15 feet off the toe of the mound system was included in the easement area. Kojis indicated garage doors are currently located on the east and south side of the building at duplex on Lot 1. His future plans are to relocate the east garage door to the south of the building to align more directly with the new driveway. Beere moved, 2 nd by Johnson to recommend approval of the application for Certified Survey Map creating three lots out of two at 29020, and Washington Ave submitted by the Joseph & Ione Kojis Trust subject to the zoning administrator s recommendations (as follows): 1. This property is zoned A-2, General Farming & Residential District II. Under the A-2 zoning requirements each lot must have a minimum of 150 of lot width and 40,000 square feet of land area, exclusive of road right-of- way. The minimum lot size for a two-family residence is 150 of width and 80,000 sq. ft. of land area, exclusive of road right-of-way. Lots 1 & 2 meet the lot width and area requirements of the A-2 requirements. Outlot 1 will be combined with Parcel Id. # which owned by Mr. Kojis and will be approximately 34 acres in size. 2. There are no floodplains, wetlands, shoreland or primary environmental corridors located on the subject property. 3. A note should be placed on the submitted CSM indicating that all existing building located on Lot 1 & 2 as well as the remaining buildings located to the east of this proposed CSM that are owned by Mr. Kojis, meet all the required setback requirements allowed in the A-2 General Farming & Residential II Zoning District. 4. The CSM illustrates that the existing single family residence located on Lot 2 will be served by off-site mound system. The CSM further states that the owner will provide an off-lot private on-site wastewater treatment (POWTS) easement for Lot 2. As per requirement from the Racine County Planning Department the property owner is required to record a document known as, Easement for Off-Lot Private onsite Wastewater treatment System (POWTS) and file it with the Racine County Register of Deeds. A copy of said recording shall be submitted to the Village of Rochester for inclusion into our file.

7 VILLAGE OF ROCHESTER The Land Use Plan for the Village of Rochester 2035 identifies the Kojis Farm as Urban Reserve. Under this classification the total farm has the flexibility to be developed in a residential, commercial, recreational or industrial development. 6. The property owner shall obtain driveway permit approval from the Racine County Highway Department to provide ingress and egress to the existing two-family residence located on Lot 1. The driveway shall maintain a minimum of 15 down slope from the toe of the existing mound systems. Motion carried. Novy reminded Plan Commissioners of a workshop being held April 30 th at Ives Groves. Anyone interested in attending was requested to let her know so she can get them registered. Tamblyn moved, 2 nd by Rowntree to adjourn at 8:37 p.m. Motion carried. Respectfully submitted: Betty J. Novy, MMC CMTW WCPC Clerk-Treasurer/ Planning Secretary