TOWN OF GENESEE PLAN COMMISSION MINUTES. November 29 th, 2016

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1 TOWN OF GENESEE PLAN COMMISSION MINUTES November 29 th, 2016 Present: Leair, Engelking, Lightfoot, Wiebelhaus, Turzynski, Christiansen and Supervisor Ross Also Present: Herrmann, and Bushéy Leair called the meeting to order at 6:00 p.m. Discussion/Action- Land Transfer, S53 W29876 Holiday Rd., PT SW1/4 SEC 26 T6N R18E, CERT SURV 2921 VOL 21/293 REC AS DOC# PT SW1/4 SEC 26 T6N R18E Charlie Ross & Richard Krzton- Leair said Ross is abstaining from this item. Herrmann s memo follows: Memorandum To: Town of Genesee Plan Commission From: Jeffrey C. Herrmann, Administrator-Planner Date: 11/14/16 Re: Land Transfer Charles Ross Charlie Ross owns a 9.61-acre parcel of land at S53 W29876 Holiday Road in the Town of Genesee. The parcel is described by metes and bounds and is not part of a recorded subdivision plat. Mr. Ross is working with his neighbor (Richard Krzton) to acquire a 15 ft. x ft. (approximately 4,660 square feet) piece of land, so he can build an addition to his existing house/garage (see Attached Map). This will expand the Ross property from 9.61 acres to 9.71 acres and reduce the Krzton Property from acres to acres. According to the Town of Genesee Code, in every situation, regardless of circumstances, that a property owner seeks to convey land in a manner that would adjust a lot line or create or eliminate a lot line, and that conveyance does not require a certified survey map or subdivision plat pursuant to this chapter, and where an adjacent property owner intends to acquire such interest in land, the proposed action shall be submitted to the Town of Genesee Plan Commission for prior review, before the conveyance documents are signed and before the conveyance is recorded in the office of the Waukesha County Register of Deeds. The Town Plan Commission review shall be limited to considering whether the conveyance is in compliance with (2)(am)3, Wis. Stats., and the applicable laws cited therein, including these regulations, the applicable zoning ordinance, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exists prior to the conveyance as 1

2 would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate the ordinance and therefore have no legal nonconforming rights. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming or would increase the extent of any preexisting legal nonconformity of an existing structure. The Town Planner has reviewed the proposed land transfer and offers the following comments and/or concerns: with the proposed transfer both lots appear to be in compliance with the three (3) acre minimum requirement. The same number of lots will exist after the conveyance, both lots will be legal and appear to be conforming, neither lot contains a legal nonconforming use, the resulting lots and the existing improvements on the lots will not violate open space requirements and the conveyance will not make an existing conforming structure illegal or nonconforming or increase the extent of any preexisting legal nonconformity of an existing structure. The neighboring property does contain a Conditional Use permit for Horse Boarding through Waukesha County. The petitioner should check with Waukesha County to determine if an amendment to the Conditional Use permit is necessary. If not, the resulting lots are a minimum of 3-acres and the proposed land transfer is in compliance with the above, so the proposed land transfer could take place. Herrmann described the property and what Ross is proposing to do. Ross stated that he would like to add to his garage and can t move it anywhere else without disturbing the wetlands. There was brief discussion. Leair asked if there were any questions and there were none. Engelking made a motion to approve the land transfer subject to Herrmann s Memo dated Christiansen seconded the motion. Motion carried with one (1) abstention, Ross. Discussion/Action- Land Transfer, W330 S3667 Honeysuckle Dr, GNT ,013, 014 Matt Tenley- Herrmann explained what Mr. Tenley is proposing. Herrmann s Memo follows: Memorandum To: Town of Genesee Plan Commission From: Jeffrey C. Herrmann, Administrator-Planner Date: 11/14/16 Re: Land Transfer Matt Tenley 2

3 Matt Tenley owns three (3) separate adjacent parcels of land in the Town of Genesee. The Parcels are described by metes and bounds and are not part of a recorded subdivision plat. (see Attached Map). The lots are known as Tax Key Numbers (GNT acres Parcel A, GNT acres Parcel B, and GNT acres Parcel C ). Mr. Tenley is proposing to transfer about one (1) acre of land from Parcel A to Parcel C, thereby reducing Parcel A to 3.73 acres and enlarging Parcel C to 5.73 acres. Since the minimum lot size is three (3) acres, both resulting parcels meet the minimum lot size criteria. Parcel B is not involved in the exchange and is proposed to remain unchanged. According to the Town of Genesee Code, in every situation, regardless of circumstances, that a property owner seeks to convey land in a manner that would adjust a lot line or create or eliminate a lot line, and that conveyance does not require a certified survey map or subdivision plat pursuant to this chapter, and where an adjacent property owner intends to acquire such interest in land, the proposed action shall be submitted to the Town of Genesee Plan Commission for prior review, before the conveyance documents are signed and before the conveyance is recorded in the office of the Waukesha County Register of Deeds. The Town Plan Commission review shall be limited to considering whether the conveyance is in compliance with (2)(am)3, Wis. Stats., and the applicable laws cited therein, including these regulations, the applicable zoning ordinance, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exists prior to the conveyance as would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate the ordinance and therefore have no legal nonconforming rights. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming or would increase the extent of any preexisting legal nonconformity of an existing structure. The Town Planner has reviewed the proposed land transfer and offers the following comments and/or concerns: with the proposed transfer both lots appear to be in compliance with the three (3) acre minimum requirement. The same number of lots will exist after the conveyance, both lots will be legal and both lots are currently conforming, neither lot contains a legal nonconforming use, the resulting lots and the existing improvements on the lots will not violate open space requirements and the conveyance will not make an existing conforming structure illegal or nonconforming or increase the extent of any preexisting legal nonconformity of an existing structure. If the resulting lots are a minimum of 3-acres in size and all existing structures conform the offset and setback requirements, then the proposed land transfer will be in compliance with the above and the proposed land transfer could take place. It is important to note that a larger sketch drawing of the three (3.00) acre lot was provided with the application. There are numerous discrepancies between the sketch drawing and the Waukesha County GIS. A new drawing, prepared by a registered land surveyor, shall be presented to the Town Planner prior to the owner submitting the land transfer for recordation at the Waukesha County Register of Deeds Office. 3

4 In addition, the petitioner should be aware that Parcel B is a nonconforming lot that appears to have been created after 1959 and is not consider a legal lot of record. According to the Town of Genesee Zoning Code, no lot shall be created and no building shall be erected on a lot of less area or of minimum average width less than specified by the regulations of the district in which such building is located, except as may be provided in subsections 18(B)(5), 33(D), 40(B)(27) and 40 (B)(30) of this code or is a preexisting legal lot of record. Given that information, the petitioner may want to increase the size of Parcel B to three (3) acres. Herrmann said the lots were created in the 1960 s before the date of the zoning code. He said Mr. Tenley would like to take some land from 1 4 acre parcel and add it to the other 4 acre parcel. Herrmann asked Mr. Tenley if he had a Certified Survey Map done. He said he has not. Mr. Tenley said he may just add the small parcel to one of the 4 acre parcels and just end up with 2 tax keys. Herrmann told him if does decide to do that, he will need to have it done by Certified Survey Map. There was brief discussion. Leair asked if there were any question, there were none. Wielbelhaus made a motion to approve Mr. Tenley s land transfer subject to the Planner s recommendations in his memo dated Engelking seconded the motion, motion carried unanimously. Discussion/Action-Site Plan/Plan of Operation, Mama D s Coffeehouse at Depot Crossing, S42 W31238 Hwy 83, Genesee Depot, Diana Markus- Leair said the Plan Commission had been copied on the Site Plan/Plan of Operation application. Herrmann explained Diana Markus operates 2 coffee shops and would like to open a 3rd coffee shop. He said they would make a few changes on the inside and there were no proposed changes to the outside, except she would like to have 4-6 tables on a patio outside. Herrmann s report follows: TOWN OF GENESEE PLAN COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION NAME: Mama D s DATE: November 14, 2016 TAX KEY NUMBER: GNT PETITIONER: OWNER: Diana Markus d/b/a Mama D s W349 S2170 Waterville Road Oconomowoc, WI Crossing Community Church c/o Jay Cavaiani S42 W31230 Hwy 83 Genesee Depot, WI

5 LOCATION OF PROPERTY: ZONING CLASSIFICATION: PRESENT LAND USE: Part of the NE 1/4 of Section 21, T6N, R18E, Town of Genesee. More specifically, the property is located at S42 W31238 S.T.H. 83. B-2 Local Business District. Currently the property contains various commercial establishments including church. The existing building is currently vacant but has been occupied in the past as a restaurant. REQUESTED USES: The petitioner currently operates Mama D s Coffee in Wales and Waukesha. She is proposing to open/operate a third establishment in the Town of Genesee at the above address (S42 W31238 STH 83). The petitioner describes her business as a mom & pop coffee shop offering local coffee, tea, bakery, soups and made to order salads and sandwiches. The petitioner is proposing to complete some minor interior remodeling and will be removing the hood and grill and replacing it with a sink and dishwasher; move the counter to a different location to make room for a bakery display case and POS system/register. No exterior changes are being proposed by the operator; however, a new outdoor patio area on the north side of the building is being proposed by the church. This area would be used seasonally for about 4-6 tables (with umbrellas) with 2-4 chairs at each table. The petitioner has indicated that she would like to utilize the outside deck for outdoor dining. She would add 4 6 tables with seating for up to 20 people. The Petitioner would like to have music indoors playing appropriate background music and an occasional live acoustic guitar and/or keyboard music. The petitioner is proposing to erect a inches x inches (16.69 square feet) sign on the building overhang in a similar location as the previous operator. The sign will be oval with a green background and white lettering. The sign will display Mama D s Coffee House at Depot Crossing. The petitioner submitted a detailed menu of items to be served, which includes coffee, Tea and blended drinks along with various breakfast items and sandwiches, lunch sandwiches as well as soups and salads. The petitioner is not proposing to serve any alcoholic beverages. If alcohol is proposed in the future, the operator will need to obtain a liquor license from the Town of Genesee Town Board. A restaurant license will also be required from Waukesha County for this operation. The window in front of the building is a dummy window and there is no access to the deck from this side of the building. All access would require people to walk around the building. The operation will employ one (1) full-time employee, five (5) part time employees and three (3) seasonal employees. The hours of operation will be Sunday through Saturday from 6:00 a.m. to 7:00 p.m. The entire site currently has adequate parking to accommodate the existing uses including the proposed operation. The property is served by a holding tank and has private refuse collection. The Environmental Health Division must certify that the existing holding tank is adequate for the proposed use. PLANNER S RECOMMENDATION: 5

6 Based upon the above information the Town Planner recommends the Town of Genesee Plan Commission approve this request subject to the following conditions: 1. Documentation shall be submitted to the Town Planner that Waukesha County Park and Planning Commission has approved the Site Plan and Plan of Operation. Any and all conditions established by Waukesha County shall be adhered to. 2. Documentation shall be submitted to the Town Planner, that the Environmental Health Division has approved the existing on-site waste disposal system for the proposed restaurant, prior to the issuance of any permits. 3. Documentation shall be submitted to the Town Planner, that the Environmental Health Division has issued a Restaurant License for the proposed operation, prior to the issuance of an Occupancy Permit. 4. The Town of Genesee Building Inspector shall inspect the entire building to determine compliance with all applicable building codes. All compliance violations shall be corrected to the Building Inspector s satisfaction, prior to the issuance of a Plan of Operation/Use Permit. 5. The Wales/Genesee Fire Chief shall inspect the premises to ensure all applicable fire codes are complied with and that a Knox Box has been installed in conformance with the Town of Genesee Knox Box Ordinance. 6. The deck and patio may be used for dining purposes only and may not be used as an outside bar area for serving alcohol. 7. All music (amplified, acoustic, etc.) must be turned off at closing time. 8. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee Plan Commission and Waukesha County (if applicable). 9. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area. The Town Plan Commission may modify, change, delete, add, etc. any conditions which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area. 10. Documentation shall be submitted to the Town Planner that all required local, county, state and federal licenses and permits have been obtained. 11. The applicant shall allow the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 12. All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 6

7 13. 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 Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other 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. 14. 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 , 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. Respectfully Submitted, Jeffrey C. Herrmann, AICP Town Administrator/Planner Ms. Markus explained that she would like to open a coffee shop in Genesee Depot, and that she currently owns 2 other coffee shops, one in Wales and the other in Waukesha. There was brief discussion. Leair asked Ms. Markus when she would like to open, and she said next Saturday for Christmas in the Depot. Leair asked if there were any other questions and there were none. Engelking made a motion to approve the Site Plan/Plan of Operation subject to the conditions in Herrmann s report dated Ross seconded the motion, motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation- Response Realty, S42 W31230 Hwy A, Genesee Depot, Jay Cavaiani- Leair told Mr. Cavaiani the Plan Commission had received his Site Plan/Plan of Operation application. Herrmann s report follows: TOWN OF GENESEE PLANNING COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION PROJECT NAME: Response Realtors DATE: November 14, 2016 TAX KEY NUMBER: GNT PETITIONER: Jay Cavaiani d/b/a Response Realtors 108 Grove Street 7

8 Eagle, WI OWNER: Crossing Community Church c/o Jay Cavaiani P.O. Box 23 Genesee Depot, WI LOCATION OF PROPERTY: Part of the NE ¼ of Section 21, T6N, R18E, Town of Genesee, located at S42 W31230 S.T.H. 83, Unit 104A. PRESENT ZONING: B-2 Local Business District. PRESENT LAND USE: Currently the property contains various commercial establishments including a church. The existing building is home to the Church and US Post Office. PLANNER S ANALYSIS: The petitioner is proposing to utilize approximately 500 square foot tenant space in an existing multi-tenant building for a real estate office. This will be a satellite location used on a part-time basis. They currently have full-time offices in Delafield and Eagle. The interior floor plan submitted with the application appears to indicate the business space will contain two (2) offices, a front counter and two (2) closet spaces. A common bathroom is located within the multi-tenant complex. The operation will employ one (1) part-time equivalent employee. The general business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. and by appointment. The proposed use requires two (2) parking spaces. Currently, the site can accommodate 87 parking stalls and based on the current uses of the property, the site has adequate parking for the existing and proposed uses on the property. The petitioner is proposing to erect a 2 x 8 sign on the front of the building advertising the name of the business. The Sign will have a white background with red and blue lettering. It is illuminated by an exterior light. All garbage and waste will need to be disposed of properly. No changes to the lighting, landscaping or the exterior of the building are being proposed at this time. The property is served by a private on-site waste disposal system and well. PLANNER S RECOMMENDATION: Based upon the above information, the Town Planner recommends the Town Plan Commission approve this request subject to the following conditions: 15. Documentation shall be submitted to the Town Planner that Waukesha County has approved the Site Plan and Plan of Operation. Any and all conditions established by Waukesha County shall be incorporated herein. 16. All conditions previously imposed for the multi-tenant building shall remain in effect and adhered to. 8

9 17. No outside storage shall be allowed, unless specifically approved by the Town Genesee Plan Commission. 18. Documentation shall be submitted to the Town Planner, that the Environmental Health Division has approved the existing onsite waste disposal system for the proposed use, prior to the issuance of an occupancy permit. 19. The Town of Genesee Building Inspector shall inspect the entire building to determine compliance with all applicable building codes. All compliance violations shall be corrected to the Building Inspector s satisfaction, prior to the issuance of a Plan of Operation/Use Permit. 20. The Wales/Genesee Fire Chief shall inspect the premises to ensure all applicable fire codes are complied with and that a Knox Box has been installed in conformance with the Town of Genesee Knox Box Ordinance. 21. Subject to the property being in compliance with all Federal, State, County and local laws, ordinances, codes, rules and regulations. 22. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee Plan Commission and Waukesha County. 23. Subject to the applicant allowing the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 24. Subject to all activities on the subject property herein may not in anyway become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 25. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area. The Town Plan Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area. 26. 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 Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other 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. 27. 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 9

10 Section , 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. Respectfully Submitted, Jeffrey C. Herrmann, AICP Town Administrator/Planner Mr. Cavaiani explained he would like to open a satellite real estate office. There was brief discussion. She asked him when he planned on going into the building. Mr. Cavaiani said they planned on being in the building sometime after the first of the year. Leair asked if there were any questions and there were none. Engelking made a motion to approve the Site Plan/Plan of Operation for Response Realty subject to Herrmann s conditions in his report dated Christiansen seconded the motion, motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation- Joe Kreill, S42 W31230 Hwy B, Genesee Depot, Joe Kreill- Herrmann explained Mr. Kreill has been in the building for a while. Herrmann s report follows: TOWN OF GENESEE PLAN COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION NAME: Joseph Kreill Office DATE: November 14, 2016 TAX KEY NUMBER: GNT PETITIONER: OWNER: LOCATION OF PROPERTY: ZONING CLASSIFICATION: Joseph Kreill W277 S4163 Green Country Road Waukesha, WI Crossing Community Church c/o Jay Cavaiani S42 W31230 Hwy 83 Genesee Depot, WI Part of the NE 1/4 of Section 21, T6N, R18E, Town of Genesee. More specifically, the property is located at S42 W31230 S.T.H. 83. B-2 Local Business District. 10

11 PRESENT LAND USE: Currently the property contains various commercial establishments including a church. The existing building is home to the Church and US Post Office. REQUESTED USES: The petitioner has operated in the basement of the building for several years, but a plan of operation was never on file for the operation. The petitioner is proposing to relocate the business from the basement to the main floor. The business is unique in nature as it is not really a business. It is a personal software development operation by a sole proprietor. There are no hours of operation as the petitioner comes and goes as he desires quiet and solitude, a get-away from his private residence less than five (5) miles away. There are zero needs over and above the single room with four (4) walls and a locked door. There is no address, phone line, internet access, mail, etc. There are no employees, other than the operator as well as no hours of operation and no business activity. A shared restroom is provided for all tenants The petitioner will require one (1) parking space. No interior or exterior changes are proposed. The property is served by a private holding tank and private well. PLANNER S RECOMMENDATION: Based upon the above information the Town Planner recommends the Town of Genesee Plan Commission approve this request subject to the following conditions: 28. Documentation shall be submitted to the Town Planner that Waukesha County Park and Planning Commission has approved the Site Plan and Plan of Operation. Any and all conditions established by Waukesha County shall be incorporated herein. 29. Documentation shall be submitted to the Town Planner, that the Environmental Health Division has approved the existing on-site waste disposal system for the proposed use, prior to the issuance of any permits. 30. The Town of Genesee Building Inspector shall inspect the entire building to determine compliance with all applicable building codes. All compliance violations shall be corrected to the Building Inspector s satisfaction, prior to the issuance of a Plan of Operation/Use Permit. 31. The Wales/Genesee Fire Chief shall inspect the premises to ensure all applicable fire codes are complied with and that a Knox Box has been installed in conformance with the Town of Genesee Knox Box Ordinance. 32. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee plan Commission and Waukesha County (if applicable). 33. Documentation shall be submitted to the Town Planner that all required local, county, state and federal licenses and permits have been obtained. 34. The applicant shall allow the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 11

12 35. All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 36. 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 Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other 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. 37. 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 , 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. Respectfully Submitted, Jeffrey C. Herrmann, AICP Town Administrator/Planner Herrmann said there are no customers coming and going, there is no phone line, address, mail, or internet access. He said he just uses the space as a quiet place to work on his personal software development. There was brief discussion. Leair asked if there were any questions and there were none. Engelking made a motion to approve the Site Plan/Plan of Operation subject to Herrmann s conditions in his report dated Christiansen seconded the motion, motion carried unanimously. Discussion/Action- Special Exception request from Section 19 (A) (1) no accessory building closer to road than principle structure, S31W33141 CTH G, Brent Ryan- Herrmann explained that Mr. Jirik would like to put up an accessory building on his property, and would like to put it in front of the principle structure. He explained Mr. Jirik s property is wooded and his house is set off of the road. There was brief discussion on the property. Engelking made a motion to approve as presented the Special Exception request to the Ordinance from Section 19 (A) (1) for no accessory building closer to the road than the principle structure. Ross seconded the motion, motion carried unanimously. Discussion/Action- Resolution to amend the Town of Genesee Land Use Plan-2035, GNT , property described as SW ¼ of Section 35, T6N, R18E, in the Town of Genesee, containing approximately acres- Herrmann gave a brief description of the property and explained the proposed Resolution. He said someone has submitted a concept plan for the property. He said it is approximately 12 acres 12

13 and zoned Agricultural. He said they would like to place it back in the residential category. Herrmann said there is a Public Hearing scheduled in January to adopt the Resolution to amend the Town of Genesee Plan Use Plan. Leair asked if there were any questions. Engelking asked if R-1 was a 1 acre minimum, and Herrmann said yes. There was discussion on the concept plan. Leair asked if there were any other questions and there were none. Engelking made a motion to recommend approval of the Resolution to amend the Town of Genesee Land Use Plan to the Town Board. Wiebelhaus seconded the motion, motion carried unanimously. Discussion/Action- Signage for Crossing Community Church, S42 W31230 S.T.H. 83, Genesee Depot, Jay Cavaiani- Herrmann said Mr. Cavaiani has submitted signage renderings for the property. Herrmann s memo follows: Memo To: Town of Genesee Plan Commission From: Jeffrey C. Herrmann, Administrator-Planner Date: 11/29/16 Re: Depot Crossing & Crossing Community Church Sign(s) On March 10, 2016, the Town of Genesee Plan Commission held a joint public hearing with a staff member of the Waukesha County Department of Parks and Land Use Staff to consider the Conditional Use request of Crossing Community Church (formerly Brandybrook Christian Church), 308 Oak Crest Drive, Wales, Wisconsin to allow for a church and religious assembly use with an associated office and youth-related activities as well as retain the existing commercial uses and US Post Office on the property. The property is located in the NE ¼ of Section 21, in the Town of Genesee, and at S42 W31230 S.T.H. 83. On June 27, 2016 after several public hearings, the Town Plan Commission, by motion duly made and seconded, approved the request for a church, subject to several conditions. Waukesha County required the Digital message board shall be turned off no later than 10:00 p.m. each day. The digital message board shall remain static and is limited to change no more than once a day. Any modification to this condition requires Site Plan/Plan of Operation approval by the Town and County. The petitioner is requesting approval for all signage on the property and has submitted a sign plan for the Church/Post Office Building. This building will have six (6) signs, all signs will be the same size (87 ¾ inches x 16 ¾ inches) or square feet per sign. These signs are all externally illuminated. The Waukesha County Shoreland Ordinance only allows one sign per store side of building, so the petitioner will need to make sure each sign is acceptable to Waukesha County. 13

14 The petitioner is requesting two things in regards to their approved ground sign for Crossing Community Church. First, they would like to move the sign slightly and angle it toward Highway 83 to the southwest so that it is not hidden behind the deck railing. This will result in the sign being one-sided versus the approved two-sided. Secondly, they are requesting to modify the length of time the lower digital portion of the sign can change each day. Currently, the digital portion of sign has to be static and can only change once per day. This was what the church requested by a prior volunteer and is not what the church wants at this time. Based on the above analysis, the Town Administrator-Planner recommends that the request for signage be approved as requested, subject to the following conditions: 1. All previous conditions of approval of the Site Plan/Plan of Operation for Depot Community Church shall be adhered to unless modified herein. 2. Subject to the proposed signs complying with all requirements, rules and regulations of the Waukesha County Shoreland & Floodland Protection Ordinance in reference to number and location. All conditions of the Waukesha County shall be adhered too. 3. Subject to the final sign renderings and location maps being submitted to the Town Building Inspector for review and approval, prior to the issuance of Building Permit(s) for said sign(s). 4. Subject to the property being in compliance with all Federal, State, County and local laws, ordinances, codes, rules and regulations. 5. Subject to the applicant allowing the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 6. All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 7. The proposed LED signs shall not be animated by means of intermittent, scintillating, scrolling or traveling lights or any other device or means not providing constant illumination. The sign display/image may change no greater than every 10 seconds. The illumination setting of the signs shall be kept to acceptable level. Town of Genesee reserves the right to require the signs illumination be turned down for any reason or removed if said signs becomes a nuisance. Herrmann said regarding the parking lot and digital sign, the previous architect said the sign would be static however that is not what the Church wants at this time. Herrmann said the sign display/image may change no greater than every 10 seconds. There was discussion on the color and brightness. Leair asked if there were any questions, and there were none. Christiansen made a motion to approve the signage for Crossing Community Church subject to conditions in Herrmann s memo. Engelking seconded the motion, motion carried unanimously. 14

15 Status reporta. Century Springs- 1 yr. CU review b. Water Dog Specialists - 1 yr. CU review Lightfoot made a motion to place the 1 year CU reviews for Century Springs and Water Dog Specialists on file. Engelking seconded the motion, motion carried unanimously. Discussion/Action-approval of September 26 th, 2016 Plan Commission Minutes- Engelking made a motion to approve the September 26 th, 2016 Plan Commission minutes, Ross seconded the motion. Motion carried unanimously. Review Pending- Herrmann gave a brief update on Pending violations. Correspondence- There was none. Adjourn- Wiebelhaus made a motion to adjourn, Ross seconded the motion. Motion carried unanimously. Meeting adjourned at 6:29 p.m. Respectfully submitted, Deidre Bushéy Deputy Clerk/Designated Representative 15