048 - 4/1/19680- %-
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO cU6*4%'
ORDINANCE #lo62
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO TO TERMINATE CONDITIONAL USE PERMIT
(Parkside Inn Property, Tax Key No. 2192.998)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1. The Conditional Use Permit to allow the use of the following described property
as a tavern, zoned RS-2, is hereby terminated:
W191 S7690 Racine Avenue (Tax Key No. 21 92.998)
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and publication.
PASSED AND APPROVED THIS 3"- DAY OF MARCH ,2001
CITY OF MUSKEGO
Clerk-Treasurer
3/01 jmb
David L. De Angelis, Mayor
First Reading: 3/13/01
Published this gTH day of
April, 2001
CITY OF MUSKEG0 COMMON COUNCIL
MINUTES OF PUBLIC HEARING HELD MARCH 13,2001
PUBLIC HEARING TO CONSIDER THE TERMINATION OF A CONDITIONAL USE PERMIT
IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING CODE FOR THE PARKSIDE
INN PROPERTY, MORE COMMONLY KNOWN AS W191 S7690 RACINE AVENUE (TAX
KEY NO. 21 92.998)
Mayor De Angelis declared the hearing open at 7:27 p.m. Also present were Ald. Slocomb, Le
Doux, Patterson, Petfalski, and Sanders, Attorney Molter, Plan Director Turk, and Deputy Clerk
Blenski. Ald. Salentine and Wichgers were absent.
The deputy clerk read the Public Hearing Notice.
Mr Turk stated the property in question is located on Racine Avenue, just north of Lions Park
Drive. It had been operated as a tavern prior to adoption of the City’s zoning code. When the
zoning code was adopted, the property, which is zoned for residential use, received an
automatic conditional use permit to operate as a tavern. The conditional use runs with the land
until it is terminated by action of the Council. In January, the owners requested that the
property be charged for sewer as residential and not commercial. The property owners
provided documentation that the business use has not been in operation for at least two
years. The liquor license was surrendered in June of 1999.
Mr Spencer stated he has lived behind the property since 1970. He supports termination of
the conditional use permit. Over the years, the tavern operation has been out of place and not
beneficial to the residential area.
Ald. Sanders asked if the potential for a land division existed. Mr Turk responded not with the
location of the existing building. Mr Spencer also discussed existing drainage issues in the
area and stated if the property were to be divided in the future, this would have to be
reviewed. The Mayor confirmed that grading and drainage would be reviewed if a land division
were requested in the future.
As there were no further comments or questions, the Mayor declared the hearing closed at
7:33 p.m.
(Minutes taken and transcribed by J. Blenski.)
e
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk
ADOPTED
RESOLUTION #P.C. 01 3-2001
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE
(TAX KEY NO. 2192.998 / W191 S7690 RACINE AVENUE)
WHEREAS, On January 30,2001 a request was received by Edna Giesegh to receive sanitary
sewer billings at the residential rate for the property known as W191 S7690 Racine Avenue,
and
WHEREAS, The subject property is zoned RS-2 Suburban Residence District and was granted
an automatic conditional use grant for the tavern operation known as the Parkside Inn, and
WHEREAS, Edna Giesegh has stipulated that the tavern operation ceased two years ago,
and the City Clerk's Office has affirmed that the liquor license associated with the Parkside Inn
expired in June 1999, and
WHEREAS, Section 3.06(E) of the zoning ordinance states that, "Where a permitted
conditional use does not continue in conformity with the conditions of the original approval, or
where a change in the character of the surrounding area or of the use itself causes it to be no
longer compatible with surrounding areas, or for similar cause based upon consideration for
the public welfare the conditional grant may be terminated by action of the Common Council
following referral to the Plan Commission for recommendation, and public hearing thereon.
Such use shall thereafter be classified as legal nonconforming use, except that where the
action is due to failure to comply with the conditions of the conditional grant, the Common
GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING ORDINANCE
Council may require complete termination of such use." , and
WHEREAS, The 2010 Comprehensive Plan indicates that the subject property should be used
for medium density single family development, and
WHEREAS, The structure located on the property is currently occupied for single family
residential use, and
WHEREAS, A public hearing has been scheduled before the Common Council to consider the
termination of the automatic conditional use grant associated with the Parkside Inn.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend to the
Common Council that the automatic conditional use grant associated with the Parkside Inn, for
the property known as W191 S7690 Racine Avenue, Tax Key No. 2192.998.
BE IT FURTHER RESOLVED, That the Plan Commission recommends that this automatic
conditional use grant be terminated completely, without the subsequent reclassification as a
legal non-conforming use.
Plan Commission
City of Muskego
Adopted: February 6,2001
Defeated:
Deferred:
Introduced: February 6, 2001
ATTEST. Sandi Asti, Recording Secretary