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DJ's Rezoning Request Draws Suspicion, Ire of Some Residents

The downtown pub will be razed during 2013 construction, so owner is hoping to rebuild, but will need to change zoning; however, lake residents are nervous over what impact it will have on quality of life.

Dan Hewitt's property includes along with residential buildings, and it's been a business of one type or another for about 90 years.

However, it has  never been zoned as a business parcel, and that hasn't made a difference until the Janesville Road construction project.

The pub sits 10 feet off of Janesville Road and will be razed as the construction crews widen the road in 2013 as part of the multi-year project hoped to revitalize the downtown business district. Hewitt wants to rebuild the business, which would include an upstairs living space like the building has now, but will need to be rezoned as a business in order to do so.

And some residents aren't too happy about that.

While many residents at this week's Common Council meeting hoped there was some way for Hewitt to continue his business, some were suspicious over what could happen if the property was rezoned. Instead, they wanted to see the business granted "grandfather status," which can allow a property to continue existing under a certain zoning but not conform to it.

"I don't personally want to see him lose his business, but I'm not convinced it has to be rezoned," said resident Jerry LeClaire. "Show me a law, show me a statute, show me something that rezoning is required in order for DJ to go ahead and do what he wants to do."

"Any kind of a vote on a rezoning has to wait until at least we see a plan in order to have transparency and get away from any possible thoughts that other people might have as to what is the real reason behind this," LeClaire added.

Dave Taube was more direct on his suspicion, stating "the 3,000-square-foot structure DJ is proposing is amazingly similar to the one Mr. (developer Michael) Dilworth was proposing on the park on the lake project next door. It raises the question, who are you really dealing with?"

Another resident felt the business should not be rebuilt at all.

"This is a lakeshore property, even if it technically does not have lake access. I'm sorry he's losing his business, but a lot of residents are losing their homes, too, and that's just the price," said Debra Bolton.

"I'm not going to lament the loss of a tavern in Muskego — taverns are a nuisance business," she added. "You have something that is open until two in the morning and is commonly associated with drunk and disorderly conduct... Muskego residents are going to find a new place to drink."

Hewitt's proposed building would have to comply with new "downtown revival" zoning that would allow for a new business to be constructed on the land.

"This zoning district allows buildings closer to the street frontage (as close as 10
feet) and was originally created for parcels along the downtown of Janesville Road that were affected by the project in some way," City Planner Jeff Muenkel explained in a memo to council.

Responding to residents' concerns at the meeting, Muenkel said the zoning for new building could not be "grandfathered" because the entire structure is being demolished, and there would be nothing to apply the grandfather clause to.

"Anytime a structure is removed, if it is rebuilt, we have to comply with current zoning, and the legal non-conforming use it was operating under is eliminated," Muenkel explained.

He used the example of a deck off the back of a home which was built prior to the city's incorporation and exceeded codes. The deck could remain 'as is,' but once it was torn down, the newly-built deck would have to comply to current building codes.

Council members asked if there was a conditional use that could allow for the business to operate under residential zoning, but the planning department said such a grant would have to be created by the city, as none exists now.

Additionally, it would set a precedent in allowing other residential properties to also operate as a business if such a conditional use were created.

Overall, residents who were concerned over the lack of a formal plan were told that the matter would still need to be presented with complete plans to the Plan Commission, which is scheduled to meet July 9 before further action would be taken.

In addition, the council did not take any action as the ordinance to change the zoning was only a first reading, and will come back to council later in July.

DK June 29, 2012 at 12:51 PM
All residents who spoke in opposition lived in the area of Boszhardt, Kingston and the Bay Breeze condos. They are back not wanting anything to touch their lake.These are the same people who spirited the recall against the mayor and aldermanic recalls. Not one single person in opposition lived south of Janesville.
Sheepshead June 29, 2012 at 01:51 PM
They are the same people who want Muskego to stay stuck in the 1980s. I hope a tornado rezones their exclusive empire
Denise Konkol (Editor) June 29, 2012 at 02:07 PM
To be fair, the vast majority prefaced their statements by saying they wanted DJ to be able to rebuild, but were not in favor of the new designation. It does sound like grandfathering is not an option, and to create a new conditional use would allow anyone with a residential property to apply for a grant to operate a business, which I don't think these residents would want either.
Bryan K. June 29, 2012 at 02:56 PM
Debra Bolton's logic and argument are both extremely faulty. First, she says "a lot of residents are losing their homes, too, and that's just the price." Ms. Bolton, so because people are losing their homes and businesses to the road widening project, they have no right to rebuild? The reason why many of those homeowners won't rebuild is because they cannot rebuild -- their land is too small to accommodate both a new road/sidewalk and a new home. However, the DJ's property is much bigger than some of the lots with homes that are to be removed. He has space to rebuild, would like to rebuild, and should be able to rebuild. The faulty logic that because others can't rebuild so he can't rebuild is ridiculous. It's like your acting like a immature child on the playground back in elementary school. Second, your comment that "I'm not going to lament the loss of a tavern in Muskego — taverns are a nuisance business," she added. "You have something that is open until two in the morning and is commonly associated with drunk and disorderly conduct... Muskego residents are going to find a new place to drink" is also faulty and irrational. Notice how she states that TAVERNS (in general) are a nuisance. She never states any problems about DJ's directly, she just talks about all taverns in general. Why does she do this? Probably because we haven't heard of any problems at DJ's in years! She is making up something fake just to get her way and stop more "lake development." That's wrong.
Muskego Mike June 29, 2012 at 03:16 PM
Sounds a little over the top. Is anything on the little lake really that exclusive? A few of the homes are very nice but there are a lot of non-exclusive homes right next door. The "exclusive empire" was built over twenty years ago. They seem like run of the mill condos today with access to a well used lake and high HOA fees.
Matt Anderson June 29, 2012 at 03:24 PM
Debra how small minded a statement is "taverns are a nuisnace business". These taverns that have been strong community businesses for years, providing a strong tax base, strong chamber involvement and not to mention a hub for fundraising, family gatherings, friendships, great food, relaxation and FUN. To say that taverns are "commonly associated with drunk and disorderly conduct" is a completely unfair statement. Your stereotyping taverns as roadhouses...not at all the case. I hope DJ's is capable of the opportunity to rebuild their business that is being taken from them.It is a great tavern with great people!
Noe Whay June 29, 2012 at 05:04 PM
Debra Bolton is an elitest piece of trash who should keep her mouth shut and feel free to move away from the lake because it is obvious she feels that anyone that has access to the lake that does not own the property is not welcome. She and everyone that thinks like her is making this city a worse place to live.
Mary C. Steinbauer June 29, 2012 at 05:34 PM
Let us not forget how businesses help our tax rate in Muskego, otherwise anyone who wants to live on the Little Lake will pay dearly. Many long time residents are not this mean spirited.
Denise Konkol (Editor) June 29, 2012 at 05:36 PM
Please keep the personal attacks out of the discussion. Speak to the argument...
Heidi Lindhorst June 29, 2012 at 05:52 PM
We live right next to DJs and support his bid to rebuild, as did nearly 100% of the people who spoke at the hearing, including Bay Breeze residents. We're hoping the bar stays located next to the road so it doesn't get noisy right next to our home; and so part of the property would stay residential. I don't really understand how anyone could miss the tremendous words of support DJ received from those at the meeting. Hope this helps clear it up.
DK June 29, 2012 at 07:35 PM
All lake people who spoke in regard to the petition only suported DJ if his property could be grandfathered. None supported the rezoning. Listen to the audio on the city website.
G. Whitehaus June 30, 2012 at 03:25 PM
I am not sure if DJ's wants to build a bigger or building or not, but maybe a deal could be worked out with the county to swap land. And the tavern could be rebuilt on either the vacant BP gas station or Sports Shack properties,
Denise Konkol (Editor) June 30, 2012 at 07:12 PM
I caught the allowance in the DR rezoning that it allows for a close proximity to the road, and I'd have to believe a business owner wants the visibility as well, so I'm hoping your concerns won't come to fruition. It's an odd slice of land that keeps DJs from having frontage, and for his own liability I'd think he'd want some type of....fencing? just to keep patrons from trying to take an ill-advised dip.
Denise Konkol (Editor) June 30, 2012 at 07:13 PM
Interesting thought....
Muskego Held Hostage June 30, 2012 at 10:12 PM
I don't know what meeting Ms Lindhorst was at but I only heard negatives about the re-zoning. The BP, the Shell and the Sports Shack are not options because they will all be part of the road, check the road plan. The size of the old lots on the lake, especially in that area, has always been a problem. Even so the displaced business owner should be given back at least what he lost and the privilege of being allowed to rebuild the same. And oh-oh-oh, really Mr. Taube, suspicious? Black Ops perhaps? a little CIA mixed in. How could this small oddly shaped sliver of property compare in any way with the modern and up-scale retail design plans offered recently. I should remind people of Muskego that very many of the houses on the lake were nothing but very small seasonal lake cottages most even without heat and so were not year'round residences and what they have built and re-bulit now, with and with-out zoning is purely from the courtesy (or oversite) of our previous city officials. Lots of stuff got put over on us years ago when we weren't watching!!!!!!!
G. Whitehaus July 02, 2012 at 12:25 AM
I agree 100% that DJ's should be allowed to rebuild as it was now. ( I've enjoyed a couple adult flavored beverages there) My thought about relocating it was that it might result in increased business for him due to a better location and stop some people belly-aching about having a tavern near them.
Manny Ortiz July 10, 2012 at 12:30 PM
DJ's is not some nuisance bar. Anyone who has been there on a Friday night for a fish fry knows it's a family gathering place, it just happens to be also a bar. There will be businesses on the lake sooner than you think, because money talks. That side of Little Muskego can use some clean up anyway. Most of the houses on that side look like Jed Clampett and friends live in them, so they need to get of their high horses.

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