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PLAN COMMISSION MEETING Monday, May 22, 2017 at 4:30 p.m. Council Chambers in the Municipal Building AGENDA: 1) 209 and 213 S. Seventh Street – Steve Schmidt – Preliminary CSM Review 2) 800-802 Linda Lane – Bob & Judy Kluetzman – Preliminary CSM Review 3) West Side Industrial Park – CSM Review 4) 809 Station Street –Preliminary Review of Rezoning & Set Public Hearing Date 5) Chapter 545, Subdivision Code, Parkland Dedication and Improvement Fees Amendment– Review May 2, 2017 Common Council Public Hearing Comments and Make Recommendation 6) Site Plan Review Minutes – May 8, 2017 7) Plan Commission Minutes – May 8, 2017 209 & 213 South 7th Street Replat Background: Steven Schmidt owns both parcels, 209 & 213 South Seventh Street. Steven Schmidt is looking to move 209 South Seventh Street’s property line, South, to approximately 3 feet from the principal structure’s chimney on parcel 213 South Seventh Street. The purpose for this is to allow for a sole driveway for 209 South Seventh Street. In 2016, Steven Schmidt moved the accessory structure on 213 South Seventh Street to the South side of the parcel. He also created a driveway accessing the accessory structure on the South side of the parcel. Both parcels are located within Zoning District TR- 6, Two-Family Residential. Steven Schimdt’s proposed parcels are both substandard lots, any boundary adjustment has to be approved by the Zoning Board of Appeals. Steven Schmidt’s proposed boundary adjustment was approved by the City of Watertown Zoning Board of Appeals on April 25, 2017. Minutes are attached. Issues: The City of Watertown Zoning Administrator has identified the following issues in regards the provided Plat: 1. Under Section 545-7A(1) it states: No person, firm or corporation shall divide any land located within the corporate limits of the City of Watertown which shall result in a minor subdivision as defined by this chapter without first filing an application and a certified survey map for approval by the Plan Commission (and the Common Council when dedication of land is involved) and subsequently recording said map with the Dodge or Jefferson County Register of Deeds. The certified survey map shall comply fully with § 236.34, Wis. Stats., and with all applicable requirements of this chapter. a. A Minor Subdivision under Section 545-40 is defined as: MINOR SUBDIVISION The division of a lot or parcel of land for the purpose of transfer of ownership or building development where the act of division creates four or fewer parcels, lots or building sites, any one of which is 35 acres or less in area. A minor subdivision of a lot or parcel shall occur not more than once in five years. b. Mark Powers, Steven Schimdt’s Surveyor, successfully argued under our code that a CSM is not needed, because this is a boundary adjustment of an original plat, not a subdivision of land. 2. In essence making this a replat, which under Section 545-5A(8): Replats are to be processed in accordance with the provisions of § 236.36, Replats, of the Wisconsin Statutes. 3. Wisconsin Statute 236.36 states: Replats. Except as provided in s. 70.27 (1), replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to vacate the original plat or the specific part thereof. *A recorded subdivision may be replatted under this section without undertaking the court proceedings set forth in ss. 236.40, 236.41, and 236.42 if the replat complies with the requirements of ch. 236 applicable to original plats and does not alter areas dedicated to the public. 58 Atty. Gen. 145. 4. By virtue of the fact that the boundary adjustment is not altering areas dedicated to the public, it can skip the court proceedings set forth in § 236.40, 236.41, and 236.42. 5. Airport Approach Protection Zone elevation limits development on the Replat to 968 feet above mean sea level. The City of Watertown is looking to maintain the proper height restrictions within the Airport Approach Protection Zone under Wisconsin Statute Section 114.136(1)(a) which states: POWERS OF MUNICIPALITIES. (a) Any county, city, village or town that is the owner of a site for an airport or spaceport which has been approved for such purpose by the appropriate agencies of the state and the federal government may protect the aerial approaches to such site by ordinance regulating, restricting and determining the use, location, height, number of stories and size of buildings and structures and object of natural growth in the vicinity of such site and may divide the territory to be protected into several areas and impose different regulations and restrictions with respect to each area. The provisions of such ordinance shall be effective whether the site and the lands affected by such ordinance are located within or without the limits of such county, city, village or town, and whether or not such buildings, structures and object of natural growth are in existence on the effective date of the ordinance. Such regulations, restrictions and determinations are declared to be for the purpose of promoting the public safety, welfare and convenience, and may be adopted, enforced and administrated without the consent of any other governing body. Any ordinance adopted under this section may be amended from time to time in the same manner as is provided for the adoption of the original ordinance in sub. (2). The authority granted in this section shall be independent and exclusive of any other authority granted in the statutes. a. The replat should state: i. Note: There is an Airport Approach Protection Zone elevation limit of 968 feet above mean sea level for all building, structures and object of natural growth; whether or not such buildings, structures and object of natural growth are in existence. Options: These are the following options, but not limited to, for the Plan Commission based on the information received by the City of Watertown Zoning Administrator: 1. Deny the Plat of Survey 2. Approve the Plat of Survey without conditions. 3. Approve the Plat of Survey with conditions identified by the Plan Commission: a. Note: There is an Airport Approach Protection Zone elevation limit of 968 feet above mean sea level for all building, structures and object of natural growth; whether or not such buildings, structures and object of natural growth are in existence. Zoning Board of Appeals April 25, 2017 The Zoning Board of Appeals met on the above date at 5:00 p.m. in Room 2044 of the Municipal Building with the following members present: Jim Freres, Steve Jones and Paul Dettman. Also in attendance were Zoning Administrator Jacob Maas, and Steven Schmidt Chairman Freres called the meeting to order. 1. Case #1-17 – 209/213 S. Seventh Street – Steven Schmidt Chairman Freres opened the public hearing for comment. There being none, the public hearing was closed for comment. Owner Steven Schmidt was present to explain his request. In the process of attempting to sell the properties, he took a permit out in 2016 to change the location of the driveway and moved the garage to line up with the driveway. He now wants to have 209 S. Seventh Street own the driveway and have the property line for 209 S. Seventh Street align three (3) feet away from the house. Jacob Maas explained these properties are both considered substandard lots per City of Watertown Code and were grandfathered in to the present City of Watertown Zoning Code. Per the code on substandard lots, anything new done to the subject properties would be considered “new development” and therefore must meet present code. Present code for properties zoned TR-6, Two-Family Residential, states minimal lot width would be 85 feet; setbacks for a house would be 8 feet from the property line or 10% lot width; minimum lot area is 9,000 square feet. A variance for all three of these items would be required for the property owner to obtain from the Zoning Board of Appeals. If approved by the Zoning Board of Appeals, a new survey would have to be completed by the owner to document the new lot line and the Preliminary CSM would have to be brought before the City of Watertown Plan Commission for approval. The Zoning Board of Appeals also discussed that the new property line on the north side of 213 S. Seventh Street should be measured beginning at the chimney instead of the wall of the house since the chimney sticks out further. Should the chimney be removed, measurements could begin against the wall of the house instead. There was also discussion on removing the concrete driveway 3 feet away from the property line instead of leaving it as one large piece of concrete, to better delineate the property line. The Zoning Board of Appeals adjourned the meeting from its present location and reconvened at 209/213 S. Seventh Street. The members discussed this item and decided this is an item which the City should not regulate. A motion was made and seconded to grant the variance, as described above, from City of Watertown Code Sections 550-84, Substandard Lot Regulations; 550-25F(2)(b), TR-6 Residential Bulk Requirements; and 550-77, Nonconforming Development Regulations with the following condition: 1) The new property line will be measured beginning at the chimney instead of the wall of the house since the chimney sticks out further. Should the chimney be removed, measurements could begin against the wall of the house instead.

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