Plan Commission Minutes

Minutes of the Plan Commission Public Hearing and Meeting held on Tuesday, April 14th, 2009 pursuant to notice duly given.

Mayor Nerenhausen opened the public hearing at 4:00 p.m. for discussion on proposed draft on Declaration of Protective Covenants for CH – Highway Commercial Zoned property and IG – General Industrial Zoned property.

Present and signing in were: Frank & Donna Bickel, 2749 Sherman Road, registering in opposition, but not to speak; Roger Trepanier 240 Smith Avenue, registering to speak as interest may appear; Justin Ignalls, 145 Van Dyke Street registering to speak as interest may appear; Mike Pecor, 620 Brazeau Avenue registering to speak as interest may appear; Victoria Bostedt, 224 3rd Street registering to speak as interest may appear; Ed Zahn, 125 Merrill Lane registering to speak as interest may appear; Tom Heindel, 100 Brazeau Avenue registering to speak as interest may appear. Plan Commission members present: Mayor Nerenhausen, Kale Proksch, Bob Bake, Mike Werner and Jim Lacourciere.

Mayor stated that the covenant document is putting together all requirements that are currently in our municipal code book, not changing anything, just putting into one package; current control is only setback limits; now will have to present drawings, any easement getting a broad picture; primarily for new businesses, will not effect existing businesses;

Ingnalls questioned will his property if sold have encumbrances?

Trepanier questioned with this covenant would a home owner be able to change a door?

Mayor stated a property owner can change any structure…is for outside appearance only;

Werner questioned the DRT committee;

Marlene Zahn questioned the maintenance responsibilities in covenant regarding stripping of parking lots;

Mayor stated, as covenant is drafted parking lots will have to be stripped;

Pecor stated he has a residential home in a Commercial Highway area, can he put up a garage…or will he have to come before this committee;

Ignalls stated residents should have fewer restrictions, not more;

Heindel questioned if variances are still allowed;

Bostedt stated from listening to the people present, this involves a lot of people who are hoping to do whatever they want on their property for the future, can still protect; agrees with making things look nice, worth with their concerns;

Mayor stated the protective covenants are not changing what’s already in the codebook;

Trepanier stated the Z cheese property is an existing property, why would they have to strip their parking lot;

Mayor stated if this covenant were approved as drafted, they would have to stripe their parking lot;

Ignalls stated this would have more empty businesses;

Marlene Zahn questioned what about the graveled parking lots that have been grandfathered?

Pecor stated his property is zoned CH but is residential…why should they in a residential stopped any more than other residences…are being treated like second class citizens;

Mayor stated we are getting mixed up with what is being proposed;

Ed Zahn stated concern on signage…had a marquee sign a number of years ago…was told it was in a vision triangle…had to remove it…what about the fence along the bridge…this creates a bigger hazard;

Mayor stated a chain link fence is not considered a hazard;

Mayor stated hearing nothing further the public hearing was closed at 4:30 p.m.

Meeting of the Plan Commission.

1. Mayor Nerenhausen called the meeting of the Plan Commission to order at 4:30 p.m.
2. Roll call: Mayor Nerenhausen, Kale Proksch, Bob Bake, Mike Werner and Jim Lacourciere. Absent: Bob Mommaerts and John Matravers.
Ron Banach, Bldg Inspector and Linda Belongia, Administrator as recording secretary also present.
3. Moved by Lacourciere seconded by Bake to approve of the agenda as presented.
Motion carried upon verbal voice vote. 5 ayes
4. No correspondence or public input.
5. Discussion on proposed Declaration of Protective Covenants for CH – Highway Commercial Zoned Property and IG – General Industrial Zoned Property. Lacourciere stated the covenant is not business friendly, and the DRT committee should have some business members on it; Mayor sated the DRT is a city function; Lacourciere stated business people should be involved…covenant draft is very incomplete…not business friendly or good for city;

Moved by Lacourciere to deny the proposed covenant document.
Mayor called three times for a second to the motion.
Motion died for lack of second.

Werner questioned setbacks, referencing the Bond Pickle site; Mayor stated the ordinance defines setback requirements; Mike Pecor stated he is being treated as 2nd class citizen; Mayor stated we want to make it aesthetically pleasing when driving down our highways; Werner stated Pecor is in a catch 22 position…his residence is in a CH area, so he has to follow covenant and a pole building would not be aesthetically appealing…Pecor has a foot in residential and a foot in commercial highway…this is a sign of our times…times are changing; Pecor stated most buildings are pole buildings with façade fronts…Cruisers…Family Dollar; Banach stated these types of pole buildings are not farm buildings, but engineered steel structured buildings…they have plans that are approved by the State of Wisconsin…they have to meet requirements; Werner stated he is in favor of covenant…will apply to the Bond Pickle property…need to have a theme, History on the Bay…took a walk along Main Street, looked up at the building tops…they are gorgeous…this type of covenant will protect us…our whole corridor along the highway can become “Door County”. Proksch questioned if everything in the covenant is already in our ordinances? Mayor stated mostly everything is in our ordinances; Bake questioned having to stripe and seal parking lots, referenced Cruisers lots, they are striped, but the stripes are fading…with the economy as is, maybe a couple of years before the lots can be stripped again; Banach stated the ordinance doesn’t call for stripping; Discussion; On page 10 of the covenant document under maintenance responsibilities take out striping and sealing and add “parking and driveway areas” to the bulleted item above;

Moved by Werner seconded by Proksch to recommend to Council to approve of the Declaration of Protective Covenants as amended.
Motion carried upon verbal voice vote.
4 ayes; 1 no – Lacourciere and 2 absent: Mommaerts & Matravers
6. Next meeting for the Plan Commission, Tues., 4/21/09 for a public hearing on a conditional use application for a Kennel License.

7. Moved by Lacourciere seconded by Bake to adjourn. M/C
Meeting adjourned at 5:07 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator