163 - 11/6/2001e
Land Covenant tN
Document Number II DOcumenl TiUe
Please see attached
ReCOrdmg &ea
P.O. Box 749
Muskeao. WI 53150
Attn: Sand; Asti
MSKC 2192.084
Parcel Identification Number (PIN)
" NO. CUG 2 (1967) LAND COVENANT I Crunl NO. 163 DOCUMENT NO. e I\LIYLI, I"
Acceptance of Conditions of Conditional Use Grant. THIS SPACE RESERVED FOR RECORDMG DATA
THISCOVENANT. Made thls I Ith day ofDecember. 2001
By William Gara Grantor, for the use and benefit of all persons form time to tlme
resident or ownlng property within the boundaries of the City of Muskego,
Muskego In its own right and as agent for the purpose of enforcing these presents on
Waukesha County, Wisconsin, and for the use and benefit ofthe said City of
behalf of the above described class of person, Grantees.
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(TAX KEY NO.
2192.084
The premises affected by these presents (hereinafter called the Premises) are the RETURN TO
following described lands in Township 5 North, Range 20 East, in the County of Arm: Sand! Asti
Waukesha and State of Wisconsin, to-wit: City of Muskego W182 SSZOO Racine Ave
Muskeao. WI 53150
THE SE OF SECTION 8, TOWN 5, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY,
LOT 1 OF LAKEWOOD DEVELOPMENT, BEING A SUBDIVISION OF THE NE X, SE Y+ SW %, NW %OF
WISCONSIN.
Mail address ofthe Premises is W191 S7749 RACINE AVENUE
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, instruments not or record, and mortgages to bans, savings and loan association or insurance
companies.
of Murkego, 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 Clty 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
plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No. 163 was issued under date
which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site, building and operation
of November 6.2001, 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 ofthe
terms and conditions thereof. Th1s covenant shall run 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 descnbed in the Conditlonal
Use Grant for the operatlon lor the purpose of sales and service of new and used snowmobiles, all-terraln vchlcler (ATVs),
motorcycles, and prrsorwl watcrcrsft.
In Witness Whereof, Grantors have hereunto set their hands and seals thls day of December, 2001
SIGNED AND SEALED IN PRESENCE OF +
CORPORATION
STATE OF WISCONSIN)
MDIVlDUAL I STATE OF WISCONSIN) ~~ . I
and Secretary of the above name corporation
tO me known to be such persons and officers who executed
foregoing instrumcnl and acknowledged that they executed
Same as such officers, by its authority, for the purposes
me this day of
instrument and acknowledged the same.
Sandra S. Asti
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lo. Z CUG I (1967) CONDI~AL USE GRANT Grant Nums163
Secr. 02.23. 61.35.60.14andS991 Wtr. Sals.
lefore the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regard to Premises
t W191 S774 9Racine Avenue in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
urther described as follows:
Lot I ofLakewood Development, being a subdivision of the NE X, SE X, SW X NW X of the
SE % of Section 8, Town 5, Range 20 East. City of Muskego, Waukesha County, Wisconsin
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WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to State
itatute, provide that the premises may not be used of right for the purpose hereinafter described but that upon
,etition 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
roposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
weinafter 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 sales and service of new and used snowmobiles, all-terrain
,chicles (ATVs), and personal watercraft.
EO the 6th day of November, 2001.
Original tiled in the office of the Plan Commission of the City of Muskego.
Signed: ,ddmo!~~& 3.
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 Grant shall be void unless proper application, pursuant to the building and zoning codes of the
acceptance hereof in such form as to constitute an effective covenant 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.
I This Grant is subject to amendment and termination in accordance with the provision8 of the Zoning Code of
. Construction and operation of the use granted shall be in strict conformity to the approved site, building and
, Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall
thin muniolpallty.
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
be made a part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof,
NLEDECKEN 46TN MILWAUKEE
(OVER)
6. Conditions on the Operations See Attached Resolution #158-2001
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
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:
8. Conditions on the Site See Attached Resolution #158-2001
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 /./ day of, 2001. bcc.
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Note: Whcre the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 77-2001"
HN 70200L18 6
RESOLUTION #P.C. 157a-2001
AMENDED
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR A 20.500 SQAURE FOOT
COMMERCIAL CENTER LOCATED AT THE LAKEWOOD DEVELOPMENT PROPERTY
(TAX KEY NO. 2192.084 l SE % OF SECTION 8 I RACINE AVENUE)
WHEREAS, On October 2. 2001 plans were submitted by Gary Januszewski for a Building Site
and Operation Plan for a retail center on the property located at Tax Key No. 2192.084 I Racine
Avenue being located in the SE %of Section 8. and
I
WHEREAS, Revised plans were submitted on October 9,2001. October 26,2001, and
November 9.2001, as submitted on November 20,2001 and
WHEREAS, The proposed structure would include approximately 20,500 SF of floor area, and the
parking area will accommodate 39 vehicles, and
WHEREAS, Said property is zoned B9/0PD, Local Service Center District as modified by the
Planned Development Overlay, and the proposed uses will be required to receive Building Site
and Operation Plan approval from the Plan Commission, and
WHEREAS, The 2001-2005 Park and Open Space Plan does not identify acquisition in this area,
and the proposal is consistent with the Plan, and
WHEREAS, The Draft Conservation Plan identifies a portion of the outlot to the west to be a
medium management priority, and a management plan is on file for the outlot, and
WHEREAS, The setback and offset requirements are flexible in the Planned Development
Overlay, and are subject to approval by the Plan Commission, and
WHEREAS, The proposed building location conforms to the requirements of the 8-2 District, and
WHEREAS, A landscape plan is required and has been submitted. and said plan appears to meet
the requirements outlined in Section 17:6,11(4)(c), and said plan illustrates an outdoor display
area for products, and
WHEREAS, The building materials are illustrated to be facelutility brick and architectural block,
and the materials conform to the provisions of the Downtown Design Guide, and the elevations
illustrate varying horizontal and vertical elements, and
WHEREAS, The site is subject to the Downtown Design Guide, and architecture illustrated
represents a residential theme, and
WHEREAS, Outdoor storage is proposed on the west (rear) side of the structure, and a wall will
be extended along the south elevation to shield outdoor storage from view, and
WHEREAS, &The exterior lighting propoedsal wand photometric plan &have been received
at this time. and appear to meet the City requirements, and all lighting poles shall be on a
maximum 6-inch high base, and
WHEREAS, Stormwater management has been provided with the Lakewood Development, and
has been approved by the City Engineer and the Public Works Committee, and
WHEREAS, The refuse area location U
proposed to be located within the endosed outdoor storage area, and
is
WHEREAS, A general building sign location has been illustrated on the elevations and no
freestanding sign is proposed, and
WHEREAS, Tenant sign criteria is required for the development and said Master Sign Plan has
netbeen received-. and
WHEREAS, Said parcel will be serviced by public sewer and water
THEREFORE BE IT RESOLVED, That the Plan Cornmission approves of a building site and
operation plan for a retail structure and parking area on the property located at Tax Key No.
2192.084 I SE '/.of Section 8.
BE IT FURTHER RESOLVED, That the fencing for the outdoor storage area wiWawa
shall be boardon-board cedar construction.
BE IT FURTHER RESOLVED, That a sign plan for the development skalCBehas been submitted
to the Plan Commission- ' , and requires individual channel
letters not to exceed 30 in height and a blue face.
BE IT FURTHER RESOLVED, That the outdoor display are shall be hard surfaced and an
elevated display area will be constructed with materials to match the building.
..
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 building faqades and
drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted: November 20,2001
Defeated:
Deferred: October 16, 2001. November 6,2001
Introduced: October 16, 2001
ATTEST. Sandi Asti. Recording Secretary
-,HN 7 02 0 0 L1 8 9 8 ID
RESOLUTION #P.C. 158a-2001 I
APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN
FOR THE SALE AND SERVICE OF SNOWMOBILES, PERSONAL WATERCRAFT,
MOTORCYCLES, AND ATVs AT THE PROPERTY LOCATED ON RACINE AVENUE
(TAX KEY NO. 2192,084 I SE %OF SECTION 8)
WHEREAS, Plans were submitted by G 8 G Powersports on October 2, 2001 for approval of a
Conditional Use Grant and Building Site and Operation Plan for the sale and service of
snowmobiles, personal watercraft, motorcycles, and ATVs on the property located at Tax Key No.
2192.084 I SE % of Section 8. and
WHEREAS, The petitioner previously received a Conditional Use Grant for operations at S83
W18410 Saturn Drive by the Plan Commission in June 1999, and
WHEREAS, The proposed operations would be housed in the structure proposed in Resolution
#PC 157-2001, and
WHEREAS, Said property is zoned B-210PD. Local Service Center District as modified by the
Planned Development Overlay, and the proposed use is permitted by Conditional Use Grant, and
WHEREAS, No sales or service is proposed to be conducted outside the confines of the building,
all doors are to be closed during the servicing of machines, and
WHEREAS, An outdoor storage area has &been proposed with Resolution #PC 157-2001, and
all outdoor storage 2 must be
completely screened surrounding view, and
WHEREAS, The petitioner has proposed a IO-foot high chain-link fence with PVC slats to screen
storage from the surrounding view, and
WHEREAS, The hours of operation are proposed from W”7:30AM to WSPM Monday
through Friday, and WAM to W5PM on Saturday, and
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WHEREAS, A public hearing was held before the Plan Commission on October 16, 2001
Grant and Building Site And Operation Plan submitted by G 8 G Powersports. LLC. for the sale
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
at Tax Key No. 2192.084 I SE Z of Section 8.
and service of snowmobiles, personal watercraft motorcycles, and ATVs at the property located
BE IT FURTHER RESOLVED, That approval of this Resolution is subject to the approval of
Building Site and Operation Plan outlined in Resolution #PC 157a-2001 I
BE IT FURTHER RESOLVED, f
AOutdoor diplay of product is
limited to the area illustrated on the Building Site and Operation Plan in Resolution #PC 157a-
2001, and no machines may be lefl outdoors during non-business hours except as approved in
Resolution #PC 157a-2001
BE IT FURTHER RESOLVED, That the fence to screen the outdoor storage area shall be a
maximum of nine (9) feet high and composed of board-on-board cedar construction.
BE IT FURTHER RESOLVED, That pennants, banners, temporary signage displayed on
personal watercraft, snowmobiles, or other motor vehicles for sale is prohibited, except to allow
for vehicle disclosure information to be visible as required by State Law.
BE IT FURTHER RESOLVED, That the definition of a Personal Water Crafl is defined by the Plan
Commission to be a non-enclosed vehicle, with an internal engine powered by a jet drive not to
exceed 14' in length and a 4.5 beam.
BE IT FURTHER RESOLVED, That maintenance will be done inside with doors and windows
closed, .. .. ..
e%SaM&yno parking of trailers in the front of the building will be allowed, and trailer parking will
be permitted only in *the enclosure screened from public view. -.I
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structure.
BE IT FURTHER RESOLVED, all loading and unloading shall be performed to the rear of the
discontinued for a period of twelve (12) consecutive months or are discontinued for eighteen (18)
BE IT FURTHER RESOLVED, Where uses authorized by this Conditional Use Grant are
cumulative months in any three (3) year period, the Conditional Use Grant shall expire and this
approval shall be null and void.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on tile in the Building
Department and that all aspect of this plan as they relate to landscape areas building facades and
drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted: November 6,2001
Defeated:
Deferred: October 16, 2001
Introduced: October 16, 2001
ATEST. Sandi Asti. Recording Secretary