Town of Germantown

Planning Commission Meeting

MINUTES

Town of Germantown Town Hall
N7560 17th Avenue
New Lisbon, WI 53950
July 17, 2024

 

Present: Commission Chair Shannon Armel; Commissioners Keith Korbein, Gervase Thompson, Mick McCormick, and Tamaya Loewe; Zoning Administrator Dick Martin, and Deputy Clerk/Treasurer Michaele Korbein

Absent:  None

Guests:  Ken Zielinski

 

–Call to Order

The Planning Commission meeting was called to order by Commissioner Shannon Armel at the Germantown Town Hall at 5:30pm. 

–Pledge of Allegiance

–Possible approval of the Minutes from June meeting

Tamaya Lowe made a motion to approve the minutes of the June 19, 2024 Planning Commission Public, seconded by Mick McCormick; motion passed 5/0. 

–Staff Meeting with Ray Monroe regarding duplex

No one was in attendance, and no additional information was presented. It is a sub-standard pre-existing lot that would only be allowed to have a single family home constructed on in, per Section 2.01 of the Zoning Ordinance.

–Work Session on Transferring Permits

Discussed the difficulties created when Pavlovski’s switch building permits from one lot to another, and then sometimes to yet another.  The office, building inspector, and assessor all have tracking issues. Impact fee history becomes confused, as well.  And also, if the permit is switched but then they apply it to a different style of house, then building permit costs most likely are incorrect.  It may be easy to say to switch lots, but there is quite a bit affected.  Need to keep the clerical work down.  Need to keep the process simple without complications. Simplify things.  Basically, no changing permits from one lot to another.  A draft of this will be presented at the next meeting that can be included with all building permits.

–Work session in implementing a Mobile Food Truck Ordinance

Something could be included in the Zoning Ordinance for this type of business and that a permit is required. Then create a permit application and meet State and County requirements. A draft of these will be presented at the next meeting.

–Work Session continued on Short Term Rentals

This would need to be included in the Zoning Ordinance. Six days to rent or less is prohibited.  STR would only be for 7-30days. Inspections required. Getting information to renters to assist in their safety is a big concern, especially after the incident in Morro’s Mile two weeks ago where one home burned and six lives were lost.  There are strong concerns and opposition to having STRs when the owners’ intent is to profit from it being rented, instead of the owners having the home as their residence and renting it while they are away. A property manager should be required to be a short distance away in case of emergencies or issues. Some parts of PUDs have had covenants and bylaws change to allow STRs.  Another question is, what happens when there are so very many in the system to rent, that the market falls and properties go up for sale.  One community put a moratorium on them and only allowed them if the owner lived there. 

This whole subject is very complicated and still growing. It is not as simple as using someone else’s ordinance.  There are concerns about doing the ordinance correctly with all concerns addressed so the Town does not end up in court.  A quote was requested from Vierbicher on creating this ordinance and should be presented at the next meeting.

 

–Work Session on Zoning Ordinance

As discussed last meeting, several items are being considered to go back into the Zoning Ordinance.

 

One includes the amendment on setback averaging in the Shoreland Overlay District, as approved by the Board April 11, 2006, for subdivisions that were developed pre-zoning-ordinance, i.e.: Sandy Shores, Castle Rock Shores, and Castle Rock Gardens, as follows:

 

f.)           Reduced building setbacks and existing subdivision.      A waterfront setback of less than that required by Section 3.07 (3) (a); 3.03 (5) (d); and 3.04 (5) (e) shall be permitted by the Zoning Administrator in an existing subdivision which was platted prior to the effective date of this ordinance.  This setback reduction is permitted where the platted lot size does not allow compliance with the setback requirements and where there is at least one main building on either side of the applicants lot, within 600 feet of the proposed site that is built to less than the required setback.  In such case, the setback shall be an average of the setbacks of the nearest main building (within 600 ft) on each side of the proposed site.  Any other setback may be permitted by the Zoning Board of Appeals under the variance review, Section 8.02.

1. If an existing structure on a lot in one of these pre-existing subdivisions described above is destroyed or removed, it may be replaced using the same waterfront setback as the previous structure.
2.  If an existing structure is set back farther from the water then the average of the setbacks of the nearest main buildings (within 600 feet) on each side, and the nearest main building on each side of the proposed site are both closer to the water, than the existing building may be expanded forward toward the water’s edge but no closer to the water than the main building on either side of the proposed site that has the greatest waterfront setback.

 

Another is on the amendment the Board passed on July 9, 2003 for a definition of Town Center District in Section 11 that read as follows:

 

TOWN CENTER DISTRICT:       An area within the Town of Germantown, bounded on the  north by the Little Yellow River, on the east by the big Yellow River  south to Shacks Road, on the south by County Highway G, and on the west by State Highway 58.

 

Additional to add back is Section 3.06 of the 2006 version of the Zoning Ordinance that the Planning Commission agreed to be removed back then in their July 11, 2012.  However, the parks and campgrounds were in the recreational district as previously described.  That section is read as follows:

 

3.06     Recreational Development District

The purpose of this district is to provide for areas within the Town of Germantown where the open space and recreational needs, both public and private, of the citizens of the Town of Germantown, as well as the general public, can be met without undue disturbance of natural resources and adjacent uses.

1)            Permitted Uses

a)   All uses in this district are conditional uses.

b) Accessory Buildings and minor additions up to 15% of the square footage could be granted as a matter of right so long as they are completely consistent with the underlying previously approved use.

2)            Conditional Use

a) Archery ranges

b) Bath houses

c) Beaches

d) Boating

e) Conservatories

f) Driving ranges

g) Firearm ranges

h) Go-cart tracks and race tracks

i) Private golf courses

j) Gymnasiums

k)    Hunting preserves

l) Ice boating

m) Music halls

n) Playfields and athletic fields

o) Polo fields

p) Public and private parks

q) Riding stables and accessories

r) Skating rinks

s) Snowmobile courses

t)  Stadiums

u) Swimming pools

v)    Zoological and botanical gardens

w) Miniature golf courses

3.)          Building Height

a) No building or part of a building shall exceed 35 feet in height. TV antennas and towers are exempted from this standard provided that they do not exceed 50 feet in height.  TV antennas that exceed 50 feet in height may be allowed as a conditional use.

4.)           Yards and Lot Size

a) No building or structure shall be erected, altered, or moved closer than 10 feet to a lot line.

b) Buildings abutting a navigable lake, stream or river shall be no less than 100 feet from the ordinary high water mark.

5.)           Plans and Specifications to be Submitted to Plan Commission 

To encourage a recreational use environment that is compatible with the residential character of the Town, zoning permits for conditional uses in The Recreational Development District shall not be issued without site plan review and approval of the Town of Germantown Plan Commission.  Municipality owned facilities shall be exempt from site plan review.

6.)           State approved sanitary disposal systems are required for all development in this district 

7.)           All recreational uses such as golf courses, hunting preserves, marinas, land and water recreational uses of a scale determined by the Town Board to substantially impact on Town services or property values will be conditional uses and will be required to use the PUD process to determine whether or not they should be allowed and the zoning standard which will apply to the development. 

8.)           The following recreational uses shall not be permitted in the Town Center Overlay District:

                – Hunting Preserves                                       

                – Conservatories                                                               – Private golf courses

                – Driving ranges                                                                 – Riding stables and accessories

                – Firearm ranges                                                               – Snowmobile Courses

                – Go cart tracks and race tracks                                  – Stadiums

 

–Adjourn.

Next meeting will be August 21, 2024 at 5:30pm.  Keith Korbein made a motion to adjourn, seconded by Gervase Thompson; motion passed 5/0.  Meeting adjourned at 6:55pm.

Respectfully submitted,

 

Michaele R. Korbein

Deputy Clerk/Treasurer