June 2, 2023

6/8/2023 Plan Commission Meeting

Public Hearings on 145 W. Wisconsin Ave & 115 W. Wisconsin Ave, possible action to amend Sections 40.268, 40.301, 40.319, 40.221, 40.229, and 40.400.1(2)(b) of Village Code regarding building height regulations, and Section 40.426(j)(1) of Village Code regarding residential parking regulations, Conditional Use Grants on 145 W Wisconsin Ave & 115 W. Wisconsin Ave, Sign Code Waiver on 1405 Capitol Dr Unit F., and site plan approval on 161 W. Wisconsin Ave.

PLAN COMMISSION MINUTES
June 8, 2023 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

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1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 6:00 p.m.
Plan Commission members present: Comm. Mark Grabowski, Comm. Theresa Hoff, Comm. Ryan Lange, Comm. Cheryl Mantz, Comm. Brian Belt, Trustee Craig Roberts and President Jeff Knutson.

Also present: Village Planner, Mary Censky; Village Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse; and Village Deputy Clerk/Treasurer Jenna Peter.

2. Public Hearings –
a. On the Conditional Use Grant request of tenant applicant Brendan Moore, d/b/a Twisted Vine, to develop a seasonal outdoor dining/seating area accessory to his existing wine shop and wine bar use, using three of the public parking stalls situated in the W. Wisconsin Avenue right-of-way directly in front of the business located at 145 W. Wisconsin Avenue – Unit/Suite #1. Building/Unit owner is Joseph Grasch Development LLC. Right-of-way is owned by the Village of Pewaukee. Property is Zoned B-2 Downtown Business District.
Jon Siepmann – W29735 S Woodfield Rd Hartland - Owner of 161 W Wisconsin. – Mr. Siepmann has no objections but asks that the Conditional Use Grant be tied to the lease on the property because the patio area that they lease from Siepmann is off of Grasch’s property and those three parking spots are partly in front of the Siepmann property. If there is a change in the lease, they would like to be able to control that and make sure that the leaser can operate on those three parking spots.

b. On the Conditional Use Grant request to locate a restaurant/tavern use (i.e. Pewaukee Lake Bistro) on the first floor of the existing building located at 115 W. Wisconsin Avenue. The applicant is Pewaukee Lake Bistro LLC. The property owner is Joseph Grasch Development LLC. The property is Zoned B-2 Downtown Business District. – No Comments.

3. Citizen Comments –
Llazar Konda – Owner of Beach House Bistro @ 161 W Wisconsin Ave. – Mr. Konda has been operating Beach House Bistro for two years. He stated he has been waiting two years for a full liquor license and is the only restaurant that does not have one. He loses business because he cannot offer certain kinds of liquor to his patrons. He wanted to make the Commission aware of that.

4. a. Approval of the Minutes – Regular Plan Commission Meeting – May 11, 2023.
Comm. Grabowski motioned, seconded by Comm. Belt, to approve the May 11, 2023, Regular Plan Commission Meeting minutes as presented.
Motion carried 7-0.

The items below were not presented in order.

5. Old Business
a. Review, discussion, and possible action/recommendation to the Village Board to amend Sections 40.268, 40.301, 40.319, 40.221, 40.229, and 40.400.1(2)(b) of the Village Code regarding building height regulations, and Section 40.426(j)(1) of the Village Code regarding Residential Parking regulations. This item is Village initiated.
Planner Censky indicated in the Commission’s agenda packet what is shown in red and crossed out on her staff report are the changes the Plan Commission has made through the course of several previous meetings on the subject.
Comm Mantz motioned, seconded by Comm. Hoff to recommend the changes to the Village Board.
Motion carried 7-0.

6. New Business
a. Review, discussion, and possible action on the Conditional Use Grant request of tenant applicant Brendan Moore, d/b/a Twisted Vine, to develop a seasonal outdoor dining/seating area accessory to his existing wine shop and wine bar use, using three of the public parking stalls situated in the W. Wisconsin Avenue right-of-way directly in front of the business located at 145 W. Wisconsin Avenue – Unit/Suite #1. Building/Unit owner is Joseph Grasch Development LLC. Right-of-way is owned by the Village of Pewaukee. Property is Zoned B-2 Downtown Business District.
Censky stated she does not have the precise details of furniture or accessories they plan to put in the dining/seating area so that will need to be a condition of approval to be reviewed by Village staff before the applicant could put anything inside of the spaces they are requesting. The three parking stalls abut the three stalls that have already been approved for use by the Beach House Bistro. The Village Engineer wants to weigh in on where the ADA ramp would be placed because there is a storm water grate there and he does not want the ramp blocking that.
Jon Siepmann would like to see that if for some reason Twisted Vine is no longer occupying that location, those spaces are set aside for his building since they are partly in front of his property.
Discussion followed regarding conditional use grant language and explanation.
Village Planner Recommendations:
1) Applicant to return to the Planning Commission (or defer to Staff) for review and approval of the detailed plans explaining how they will close the gaps between barrier panels and what the plans are for tables, chairs, umbrellas, ADA ramping, … are for the interior of the allocated space
2) Approval is subject to the terms of the attached DRAFT CUG document and related exhibits.
Comm. Grabowski motioned, seconded by Comm. Lange to approve with the Village Planner’s recommendations, adjusting to defer to staff for review of items listed in the first recommendation, requiring the addition of conspicuous signage at the three parking stalls behind the Beachscape building that will be made available for public use in lieu of the street stalls being used for this dining/seating area, and the requirement of annual staff review for renewal. If the Grasch lease for the outdoor seating space between Siepmann and Grasch buildings changes in the future, staff will reevaluate, with the Planning Commission, if/how to proceed with future permission to utilize these stalls for on-street dining/seating.
Motioned carried 6-1, Comm. Mantz Nay.


b. Review, discussion, and possible action on the Conditional Use Grant request to locate a restaurant/tavern use (i.e. Pewaukee Lake Bistro) on the first floor of the existing building located at 115 W. Wisconsin Avenue. The applicant is Pewaukee Lake Bistro LLC. The property owner is Joseph Grasch Development LLC. The property is Zoned B-2 Downtown Business District.
Censky explained the existing building is 2 stories; commercial use on the first floor, residential use on the second floor, and it is currently vacant. The proposed new restaurant/tavern use would have seating for up to 65 patrons – 15 at the bar and the remainder in general dining space. No outdoor dining use is proposed at this time, and no restaurant/tavern related use on the second floor of this existing building is proposed at this time. The applicant has seven onsite parking stalls available to support the use and suggests he will be able to lease an additional 10 stalls from an adjoining neighbor whose stalls are typically only occupied during the off-hours of the proposed new restaurant use.
Village Planner Recommendations:
1) Applicant to provide the following plans and details for review, consideration and possible approval by the Planning Commission prior to drafting, execution, and recording of the Conditional Use Grant document:
• Full four-sided architectural plan or rendering set depicting the existing building in all elevations so the Commission can properly review the current circumstances and determine if any changes would be required
• Proposed location and manner of screening for dumpster(s) to be stored on this site
• A summary of the staffing demands expected to occur during the busiest shift as well as a summary of current/ongoing second floor use of the building and any parking demands it raises.
• A copy of the signed agreement for shared parking access to at least 10 additional Stalls adjacent to this site, and including a statement of the days/hours during which the Pewaukee Lake Bistro will have exclusive use of them
• An exterior lighting plan detailing the existing lighting proposed to remain as is and/or any changes to be made
• A landscaping plan detailing the existing landscaping proposed to remain as is and/or any changes to be made.
2) Applicant to secure all necessary sign, building and/or electrical permits prior to the start of construction or installation in support of the proposed Pewaukee Lake Bistro use at this site.
Comm. Lange motioned, seconded by Comm. Mantz to approve with the Village Planner’s recommendations.
Motion carried 7-0.

c. Review, discussion, and possible action on the request of applicant Jim Forester, d/b/a Good Eats Restaurant, 1405 Capitol Drive, Unit F, to place a 40 square foot, changeable copy/electronic messaging wall sign on the building façade in front of this tenant space. This B-1(PUD) zoned property is owned by Chestnut Limited Partnership.
Village Planner Recommendations:
1) The type and intensity of sign lighting shall be subject to review and approval by the Village Staff prior to issuance of a Sign Permit
2) Applicant agrees that any substantiated adverse/nuisance issues arising with respect to this sign in the future, such as but not necessarily limited to noise, type, intensity, or hours of illumination, and similar, … are the applicant’s responsibility to correct timely upon written notice from the Village
3) Applicant to secure all necessary permits, such as but not limited to Sign Permit, Building Permit, Electrical Permit,… prior to placement/installation of the sign at the site.
Comm. Belt motioned, seconded by Comm. Mantz to approve with the Village Planner’s recommendations.
Motion carried 7-0.

d. Review, discussion, and possible site plan approval for a proposed 484 square foot accessory storage building to be constructed/added to the property at 161 W. Wisconsin Avenue. The applicant/property owner is Siepmann Development Company, LP in c/o Chris Siepmann. This property is zoned B-2 Downtown Business District.
Censky explained the site plan amendment was originally approved in 2019 but was not implemented by the applicant within the 12-month period, therefore expired. Censky also stated the proposed location of the building will result in the loss of one existing paved parking stall on the site plus approximately 300 sq.ft. of green space.
Village Planner Recommendations:
1) Colored samples of all the proposed building materials shall be submitted for Planning Commission review and approval
2) Any new/modified lighting attendant to this project shall be submitted to Village Staff for review and approval as to fixture type and dispersion plan prior to implementation at the site
3) No signage is considered or approved as a part of this review/action
4) Issuance of all required building, construction and related permits prior to the start of any work on the proposed project
5) Village Engineer review and approval of all grading, drainage, utility, erosion control and related plans prior to start of any work on the proposed building project.

Engineer Barbeau stated the proposed building will not be placed in wetland, floodway or the flood fringe and therefore, is not subject to floodplain code requirements. There will be a silt fence along the low end of the site area for erosion control.
Comm. Grabowski motioned, seconded by Comm. Belt to approve with the Village Planner and Engineer’s recommendations adjusting to defer review/approval of the colored samples of proposed building materials to Village staff – such approval to be received by applicant prior to start of construction of the new building.
Motion carried 7-0.

7. Citizen Comments –
Sarah Stephens– Owner of Beach Bum Bakery @ 161 W Wisconsin – Stated there is no signage indicating to the public where the additional parking spots are downtown in lieu of the three new street dining stalls approved tonight.

8. Adjournment
Comm. Hoff motioned, seconded by Comm. Grabowski to adjourn the June 8, 2023, Regular Plan Commission meeting at approximately 7:08 p.m.
Motion carried 7-0.

Respectfully submitted,

 

Jenna Peter
Deputy Village Clerk/Treasurer

 

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