Plan Commission Denies Group Home Proposal

The Waukesha Plan Commission voted four to two to deny St. Coletta of Wisconsin’s request for a special exemption to build two group homes for the developmentally disabled with 2,500 feet of each other during its meeting Wednesday night.

A group of concerned neighbors near the proposed community based residential facility spoke about concerns that the proposed residential building was larger than the other buildings in the neighborhood. The neighbors also expressed concerns about the concentration of community based residential facilities in the neighborhood.

The project was brought forward by St. Coletta of Wisconsin. The two community-based residential facilities would serve the developmentally disabled in the Welsh Oaks subdivision, west of Merrill Hills Road between Highway 18 and Madison Street.

"We would prefer to see the Plan Commission hold them to the same standards as any other potential neighbor by requiring compliance with all laws rather than just those that they find convenient," said Waukesha resident Tracy Shilobrit, speaking on behalf of a large group of neighbors. "There is no dispute that St. Coletta provides a very service to the community and to its clients but this alone is not sufficient reason for them to bypass the laws with which they disagree."

City Planner Mike Hoeft clarified that St. Coletta was not breaking the law by seeking an exemptionto the 2,500-square-foot rule because the ability to seek the exemption is included in the law.

Mayor Jeff Scrima abstained from the vote and left the room for the discussion because a relative is involved in the proposal from St. Coletta. Commissioners Vance Skinner and Kevin Larson voted against the denial of the special exception after about 2-1/2 hours of discussion about the project.

Larson said he thought and prayed about his decision before Wednesday night’s meeting, citing the statistics about the percentage of people in America who are developmentally disabled.

“They are going to need some help,” Larson said. “They are going to need a place to live.”

The proposal was similar to one that was denied about a year ago in the same neighborhood area. The St. Coletta request came before the Plan Commission and was delayed to allow the developers to meet with the neighborhood.

Commissioners R.G. Keller, Rebecca Roeker, Joan Francoeur and Richard Congdon voted to deny the exception to the state law and city zoning codes, thus prohibiting St. Coletta from operating the facilities in the neighborhood.

The neighborhood is comprised of about 40 lots with six existing homes, according to the discussion at the Plan Commission meeting. Roeker noted during the meeting that it could take 20 years before the lots are developed into residential housing given the current economic climate.

“I can't help but feel that the approval of these two homes would change the character (of the neighborhood) and would create an institutional feel,” Roeker said.

City Planner Mike Hoeft brought forward issues with the federal’s Fair Housing Act during Wednesday night’s meeting. The federal housing act makes it illegal to discriminate against those with disabilities, he said.

While state law and Waukesha’s zoning ordinances prohibit community-based residential facilities, the federal act shows the group homes should be looked at on a case-by-case basis, Hoeft said.

“We realized that we didn’t have grounds to recommend against the group homes,” Hoeft said about a recommendation from the city's Community Development Department.