162 - 6/5/2001NO. CUG 2 (1967) - Grant No. 162
THIS SPACE RESERVEl RECORD11 \TA
DOCUMENT NO.
THIS COVENANT, Made this 8th day of June, 2001 ~uL1~01000160
By Diane Ruehle Grantors, for the use and benefit of all persons form time to lime
Wsukesha County, Wisconsin, and for the use and benefit of the said City of
resident or owning propeny within the boundaries ofthe City of Muskego,
Muskego in its own right and as agent for the purpose of enforcing these presents on
behalf ofthe above described class of person, Grantees.
TAX KEY NO,
2195.987
The premises affected by these presents (hereinafter called the Premises) are the
following described lands in Township 5 Nonh. Range 20 East, in the County of
Wsukesha and State of Wisconsin, to-wit: City of Muskego W182 S8200 Racine Ave
Muskego. W153150
PT SWV4 SEC 9 T5N RZOE COM AT SW COR of M. WIESNER LOT, TH N 20 % W 293.70 FT, TH N 55 E41.33
FT, TH S 20 % E 302.81 FT, TH S 67 ?4 W 40 FT TO BGN. ALL LAND N OF ABOVE DESCRTRACT TO LAKE
SHORE R234/1204 R16071291 QCD 12/92
Mail address of the Premises is S77 W18312 JANESVILLE ROAD
Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building restriction.
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of the
dedications to the public or public bodies, instruments not or record, and mortgages to bans, savings and loan association or insurance
companies.
of Muskego, for grant of permission to erect andor conduct on the Premises a use there permissible not by right but only by Conditional
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said City
Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site. building and operation plans
which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site, building and operation
plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No. 162 was issued under date
of June 5.2001, and that a true copy thereof is on file with the Plan Commission of the City of Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of the
estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described in !he Conditional
terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming any
Use Grant for the operation of a second residential structure/guest house at the property commonly known as S77
W18312 Janesville Road.
In Witness Whereof, Grantors have hereunto set their hands day of3. ly 2QO!
SIGNED AND SEALED M PRESENCE OF
............................................................. .................................................. ) (SEAL)
IF A CORPORATION,
TYPE NAME HERE
. ..................... ............... ) (SEAL)
............................................................. ....................................................
TITLE
) (SEAL)
TITLE
CORPORATION I MDIVIDUAL
STATE OF WISCONSIN)
)SS WAUKESHA COUNTY) Personally came before I I
me this day of ,2001. and Secretary ortho above name carporatlon President I
to mr known to bo muoh oruonm and offcrrl who rlroutrd brsgolng Inatrument antacknowledged that they executed
THIS INSTRUMENT WAS DRAFTED BY
contained.
same as such officers, by its authority, for the purposes
(SEAL)
Kimberly A. Chavie
STATE OF WISCONSIN)
)SS WAUKESHA CGuNTYj PGIWI~I~ cmc before me
this a dsy of 3-17 , 2001, the above named foregoing
to ma known to be the persons who executed the foregoing
i:
.I ~ , . A'.
, ...... ~',)'.('. . ,; Notary Public. Stas of Wisconsin
My Commission expires /3 - 1 -82 "
,,, .; 7 ,
t :,c, ,I ,II; .-I ,: 1:' . .I ,
o. ZCUG 1 (1~ CONDIT~AL USE GRANT Grant Num@162- -
" - Secr.62.21.61.3 ~.14andS9.97Wlr.S1~1s.
-
lefore the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
t S77 W183 12 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
Jrther described as follows:
PT SWli4 SEC 9 T5N R2OE COM AT SW COR OF M. WIESNER LOT, TH N 20 % W 293.70 FT. TH N 55 E 41.33 FT,
TH S 20 % E 302.8 I FT, TH S 67 % W 40 FT TO BGN. ALL LAND N OF ABOVE DESCRTRACT TO LAKE SHORE
R234i1204 R1607i291 QCD 12/92
IE Code AS the Zonir WHERE - and Zoning District Ma itatute, provide that the premises may not be used of right for
.p of the above named municipality, pursuant to State
the purpose hereinafter described but that upon
letition such use may be approved by the municipality as a Conditional Use Grant in particular circumstances as
lefined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
3ty of Muskego having determined that by reason of the particular nature, character and circumstances of the
lroposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
lereinafier prescribed would be consistent with the requirements of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter stated,
hat the Premises may be used for the purpose of a second residential structure/guest house at the property
ommonly known as S77 W18312 Janesville Road.
GRANTED by action of the Plan Commission of the City of Muskego the 5th day of June, 2001
Attest: ____;_ "" -(Seal.)
David L. De Angelis
Title
K. Marenda (Mayor. President. Choinnan)
(Cily. Villagc, Twn Counly) Clerk
Original filed in the office of the Plan Commission of the City of Muskego.
Signed: &A#- $. ai
The CONDITIONS of this Grant are:
. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
. This Qrant shall be void unless proper application, pursuant to the building and zoning codes of the
acceptance hereof in such form BI to constitute an effective coveflant running with the land,
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant, is
made within months of the date hereof.
. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of
this municipality.
Construction and operation of the use granted shall be in strict conformity to the approved site, building and
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall
be made n part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof,
(OVER)
NIEDECKEN 467N MILWAUKEE
,iUL 17 01 0 0 F . 6 2
. Conditions on the Operations See Attached Resolution #77-2001
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
'. Conditions on the Buildings See Attached Resolution #77-2001
a. Facade material ofeach building side:
b. Entrances, Design and Location
c. Signs attached to the Building, Location. Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
. Conditions on the Site See Attached Resolution #77-2001
a. Street Access (number, location, design):
b. Off-street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Llghtlng of the Site, location design and power:
j. Other:
Receipt of a True Copy of this insnument on behalf of the
petitioner acknowledged the 2 day of, 2007.
XC 6 01 0 o 0
Land Covenant
Please see attached
WFIUKESHFI COUNTY. W I REGlSTkk'S UFFICE
RtCDRDtD ON
ax. F~L: 14. 8U
REC. Ftt-S-I : 2.@~
;?x. FtL-cLJ: 5.88
CI1U&. tu:
TRRN. ttt-S-lfTlt: :.,f&s: i: 6
ttn: Sandi Asti
MSKC 2217.944.002
partel IdentisCalmn Number (PIN1
1
NO. CdO 1(1967) LAND CO&
Rdnlu to
Grant No, 161
Acceptance dCandltlans of Conditlonal Use Grant.
THIS COVENANT, Made this 19th day of November, 2001,
By Michael S. & Jean M. Lafratta, Grantors, for the use and benefit of all
persons form time to time resident or owning property within the boundaries of
the C11y olMueka~o, Wnuknahn County. Winconsin, end for tha UIO nnd benoflt
enforcing these presents on behalf of the above described class of person,
Grantees.
of the seid City of Muskego in it8 om right and e8 sgmt for the purpose of
The premises affected by these presents (hereinafter called the Premises) are
the following described lands in Township 5 North. Range 20 East, in the County
of Waukesha and State of Wisconsin, to-wit:
IOCUMENT i
rHIs SPACE RESERVED FOR ECORDMG DATA
rAx KEY NO.
1217.944.002
ENRN TO:
4th~ Sandi Asti
:ity of Muskego
M182 S8200 Recine Ave
uluskepo, WI 53150
Parcel 3 CSM 6102 V501131 319190 PT GOV LOT 1 OF SE % €2 SW 'A OF NE 'A & NE 'A & NW 'A of SE % SEC 15 TSN
R20E
Mail address of the Premises is: S82 W15900 Bass Bay Lane, Muskego, WI 53 150
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, inshuments not or record, and mortgages to bans, savings and loan association
or inaursncs companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by
Conditional Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site, building and
operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: tha! based thereon
Conditional Use Grant No 161 was issued under date of November 6,2001, and that a hue copy thereof is on file with the
Plan Commission of the City of Muskego.
NOW, THEREFORE, Grantor hereby accepts the said Conditional Use Grant and covenant strictly to comply with all
of the tern and conditions thereof. This covenant shall tun with the land and shall be binding on the Grantors and all person
claiming any estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described
Bass Bay Lane.
in the Conditional Use Grant for the operation of a second residential structurelguest house at property located at SBZ W15900
In Witness Whereof, Grantors have hereunto set their hands and seals this a 6 day of November, 2001
SIGNED AND SEALED IN PRESENCE OF
TYPE NAME HERE
IF A CORPORATION,
"""""""""""~ ~ "."""""""""""" (SEAL)
TITLE
"""___"""""""""""""""""." ~ ""_ (SEAL)
ACKNOWLEDGMENT
CORPORATION
STATE OF WISCONSIN)
WAUKESHA COUNTY)
me this day of
Personally came before
,2001. President
and Secretary of the above name corporation
to me know to be such persons and officers who executed
same as such officers, by its authority, for the purposes
foregoing instrument and acknowledged that they executed
contained.
)SS
(SEAL)
Sandra S. Asri
(Scrlian J9 JI (1) ollhr W>rconrin Slaw<% proedcr chat all iwrunrnlr 10 k rerordrd shall I
19 J13 mululy rqu#rr% thal Ihr nam aflhc plmon who. or goremmnlal Igmr) which. dm1
INDIVIDUAL
STATE OF WISCONSIN)
to me how to be the persons who&xecpd;@e'&go@ i
insbument and acknowledged the'..same!.? " " <?> ', : :i:<:.,j
; .r 9 ? ...._ :.>)c?. :.
If I
at S82 W15900 Bass Bay Lane (Tax Key MSKG 2217.944.002) in Township 5 North, Range 20 East,
Waukesha County, State of Wisconsin,
further described as follows:
Parcel 3 CSM 6102m V50/131,3/9190, PT GOV LOT 1 of SE % & SW % of NE % & NE % & NW %
of SE % SEC 15, T5N R20E-MSKG 2217.994.002
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafer described but that
upon petition such use may be approved by the municipality as a Conditional Use Grant in particular
circumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commiaalon of tho
City of Muskego having determined that by reason of the particular nature, chaeacter and elrcumstances of the
proposed use, and of the specific and contemporary conditions, grant of such use upon the terms and condition!
hereinafter prescribed would be consistent with the requirement8 of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
stated, that the Premises may be used for the purpose of a second residential structurdguest house at property
located at S82 W15900 Bass Bay Lane.
GRANTED by action of the Plan Commission of the ay of November, 2001.
, ._ , ,,',I :&'.'..., ?, . ".
Attest: ________________ ~ """"""""""" ~ """"""."" .(sea!j.. .L'
David L. De Aneelis , ,\I_
Title .. . ., .
(Mayor. Preridenl. Chairman) 5 "
I .., , ,.,.. ... - * ,,,. (Clly, Village. Tow County) Clerk ., .,;
1'
Original filed in the office ofthe Plan Commission of the City of Muskego.
Signed: d. hL.
I1 The CONDITIONS of this Grant are:
This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
acceptance hereof in such form as to constitute an effective covenant running with the land.
This Grant shall be void unless proper application, pursuant to the building and zoning codes of the
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant
is made within months of the date hereof.
This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
of this municipality.
Construction and operation of the use granted shall be in strict conformity to the approved site, building an
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
shall be made a part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
(OVER)
NIEDECKEN 467N MILWAUKEE
\\A\
60~003?~
8. Conditions on theations See attached Resod-n #P.C. 168-2001
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
. Conditions on the Buildings See attached Resolution #P.C. 168-2001
a. Facade material of each building side:
b. Entrances, Design and Location
C. Signs attached to the Building, Location, Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
, Conditions on the Site See attached Resolution #P.C. 168-2001
a. Street Access (number, location, design):
b. Off-street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j. Other:
Receipt of a True Copy of this instrument on behalf of the
petitioner acknowledged the 26 day of, 2001
AlJvcmbw
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit P. C. #068-
301
RESOLUTION #P.C. 168-2001
APPROVAL OF A CONDITIONAL USE GRANT
FOR A SECOND RESIDENCE /GUEST HOUSE ON THE LA FRATTA
PROPERTY LOCATED AT S82 W15900 BASS BAY LANE
(TAX KEY NO. 2217.944.002)
WHEREAS, Plans were submitted by Michael La Fratta for a Conditional Use
Grant for the use of a second residential structure I guest house at the property
commonly known as S82 W15900 Bass Bay Lane, and
WHEREAS, Said property is currently zoned RS-2 I OLS Suburban Residence
District, as modified by the Lakeshore Overlay District, and said use is a
permitted use by Conditional Use Grant, and
WHEREAS, The secondary residential structure is proposed to be located to the
north end of the property and conforms to the bulk regulations of the zoning
ordinance, and
WHEREAS, Petitioner requests that the secondary residential structure be
classified as a second residence I guest house pursuant to Section 17:8.01 of
the Zoning Code, which permits separate quarters away from the main building
for household or farm employees, provided that such quarters shall be occupied
only by individuals employed full time on the premises and their families; and for
persons related to the residents of the principal structure provided such structure
shall not be rented or leased, and provided that said quarters shall be a
minimum of 1,200 square feet, and
WHEREAS, The second residence meets the 1,200 square foot minimum size
requirement.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
Conditional Use Grant for a second residence I guest house at the La Fratta
property located at S82 W 15900 Bass Bay Lane.
BE IT FURTHER RESOLVED, That the second residence I guest house shall
not be rented or leased, and shall only be occupied in accordance with Section
17:8.01 of the City of Muskego Zoning Code.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the
Building Department and that all aspect of this plan as they relate to landscape
areas and drainage shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
i a 60100326
Adopted: November 6,2001
Defeated:
Deferred:
Introduced: November 6,2001
ATEST: Sandi Asti, Recording Secretary