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Muskego City Plan Commission approves in‑law unit, generator enclosure and fencing amendments; holds closed session on litigation
Summary
On Sept. 3 the Muskego City Plan Commission approved an 800‑sq‑ft in‑law unit site plan, a masonry enclosure for a backup generator at Bio Cut LLC, and minor fencing changes for MTI (with a recusal). The commission also met in closed session on pending litigation and reapproved a conditional use for Brian Wren.
The Muskego City Plan Commission on Sept. 3 approved multiple site and operation plans, moved into a closed session to discuss pending litigation, and reapproved a conditional‑use grant.
Adam, a city staff member, described a proposal to construct a family or “in‑law” unit on a vacant parcel along Woods Road (tax key 3219002). He said the unit would be limited to 800 square feet, include an independent living area with its own kitchen, bathroom and bedroom, share utilities with the primary residence, have a non‑lockable interior passage to the main house and a separate exterior egress, and must be occupied by someone related by blood, marriage or adoption. Staff told the commission that neighbors within 100 feet were notified and recommended approval. The commission voted to approve the site and operation plan unanimously.
The commission then considered Resolution PC0512024 to permit a masonry, three‑sided enclosure to screen an on‑site transformer and a new backup generator at Bio Cut LLC (the applicant was also referred to as Xiaogenics in the record). City staff explained the generator is needed to preserve temperature‑controlled conditions for sensitive products and that the proposed enclosure would match existing site materials. Staff recommended approval and the motion carried unanimously.
On Resolution PC0522024, staff presented minor site modifications for MTI, including two fenced staff amenity areas: a chain‑link fence at the rear of the building (facing the DPW yard) and a decorative, wrought‑iron‑style fence at the front. Commissioner Oliver stated he would recuse himself from consideration of this item. The commission recorded the vote as carrying with a tally noted in the record as 4–0 with one abstention/recusal.
Following those agenda items, the commission voted to convene in closed session to discuss litigation identified in the record as Byron Wren v. the city and Plan Commission, Waukesha County Circuit Court case no. 2024 C V 000331, an action authorized under Wisconsin Statutes 19.85(1)(g) for conferring with legal counsel about litigation strategy. After the closed session the commission returned to open session and resumed public agenda business.
In open session the commission reapproved Resolution PC0532024, a conditional‑use grant for Brian Wren at S99 W20523 Parker Drive (tax key 2280.999021). Staff said the current resolution was largely the same as the version previously approved, with only date clarifications; the commission approved it unanimously.
Votes at a glance • Approval of minutes (Aug. 6, 2024): unanimous voice vote. • PC0502024 — in‑law unit site/operation plan (Woods Road, tax key 3219002): approved unanimously. • PC0512024 — generator enclosure for Bio Cut LLC: approved unanimously. • PC0522024 — MTI fencing/site amendments: approved (recorded as 4–0 with 1 abstention/recusal; Commissioner Oliver recused). • PC0532024 — reapproval of conditional‑use grant for Brian Wren (S99 W20523 Parker Drive): approved unanimously.
The commission discussed moving its Nov. 5 meeting (Election Day) to Nov. 6 and asked staff to circulate an availability poll. The meeting adjourned at 6:20 p.m.
(Reporting based on the Sept. 3, 2024 Muskego City Plan Commission meeting transcript.)
