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006 - 12/1/1961‘ Acceptance of Condition. of Conditional Use Grant. ’ .THIS COVENANT. Modc this. 2o th .day of. September ..... .. l9., ., 95 by ..... ?k?..t.e.r .... Bohr.e.r.?.. Jr.:. ...... .............. ..... lor the ux and benefit 01 oil persons from time to timc rcsident or owning propzrty within the .Grantors, boundariesofthc. .c.:.t,Y ............. ..of ... ..MUs.ke.~.o ................ ... Baukksha ........................................ .County, \Vlsconsln. and lor the use ond hncfit of the said. ..c .~. fY ........... 01 ........... Musk.e.fi0. .......................... .. .... ... ......... ... .......... ...... .............................. ... ... ........................ ICIW VIIIO~~.‘~O~~. ~wnt~) (Clt”. Villncc. Torn. Caunrr1 I .. -. in its own right and as agcnt lor the purpox 01 cnlorcin: thesc present, on hhoil ol the above RLTURN 10 dcxribed class 01 persons, Grantees. TAX I(=.* NO. 2 2 3 Z . 9 9 8 .. -. The prcmircs dectcd by thex presents (hereinnltcr called the Premises) arc the following described lands In Township ....... >... .Korth. RanCe. ............ 20 ,.East. in the County of. .... Nauk.e.4.tl.a. ... .and Store of \Visconrin. ro-wit: CITY OF MUSKEGO oob ATTN COLLETTE POB YO3 MILsKFzGV&-.L?~u” blail nddreu ol thc Premises is. .... 5.8.3. .w.~.o.!?.d.! .... J.l?n-e.s..v.i.1.1.e.. .R.o.?.d.. .................... .......... Crvntors wrrant and covenant that at the timc 01 thc ensealinn and dciivery 01 tl~~ prcrsnts they ore all of the owners of the Premia and that no other person has any estate or interest therein except by reason of easements lor public utilities, building restrictions, dcdlcetions to the public or public bodies. instruments not ol record, and )mortgages to banks, savings and Isan assmiations or insurance companies. Grantors rcprescnr that pctition on their bcholf was ~nadc to thc., .. Ci.LY... ............. .of.. .... !%!.?.k.Sg.o. purauont to the ioning Code of the seid..C.i.!.Y, rherc permissible not by right but only by Conditional Use Grant: that in wnnecrion thereu.ith Grantors made Certain representations and lor gmnt 01 permission IO erect and/or conduct on the Premises a use Use Grant No, .6.. ... .was issucd under dare or. .s.e.~..f..~mb.e.r...~19 .. il.? 5., nnd [hot a trrlccopy thcrcol is 01, file wit11 [lie agreements as to site, building and operation pions which were incorporoted into tlrc Conditionul Use Grant; that based tlrcreon Conditjonni (City. Vlllnsc. Town. Chnty) .E.lan .... C.a.mm.~..~.~.i.o.n. ...... ,.ofthe. .C.i.t~. ............... or .... .Mus !F.P ................. (c:I~Y. VIII~~~. ‘rosVn. ~o~~~~) NOW, THEREFORE, Grnntors hereby accept the said Conditional Ux Grant and covenant strlctly to comply with all 01 the terms mJ colxlitionr tlwcol. This COVCII~X shnll rtm with tile Imd and shall be binding on LIIC Gmntors and on 011 pcrsons cluimin:; nny cstotc or In)Icrcst in the Prcmiscs by. throuzh or under the Grcntors. as long as the said Prcmiscs ow used as dcscrikd in the Conditionul Usc Grunt lor In Witness Whereof, Grantors have hereunto sct their hands and wals this., .J.9..th .... .day of ....... S.ep..t.emb.e.K. ... 19. .%. the opcrarlon ol: .......... ~~~~k .... peFk.&.ng... ............... .................... ..................... ..... SICKED AND SEALED IN PRESENCE OF .. ................ ..., ... ... ... ..... .” ... ..... ._ ........ ... d-&..&. ....... .lSEAL) ~$21 rpr Rnh+er r. ... ......................................... .......... (SEAL) I* A CORPORA7IOII. TIPS NAME WERL .. , .” - - . ... ...................... .(SEAL) ............ _. .... ............ ..... STATE OF WISCONSIN. lss. ............. . .......... County. Pcrulnaily came belorc me this., ............. day 01. ........................ I9 ......... ............................................ ......... Presidcnt and .............. ................... ................ 01 the above nomed wrprntlon, to me lmown to be such pcrsom and Secretary officcn who cxccutcd thc forcgoing instrument ond uclmowlcdgcd purposcs therein contained. that rhcy executed the sa= as such o(rucrr, by its nuthority. for rhe T*l. INSTIIVYIYT WAS 01*,110 rn“ Collette M. Kienz (SEAL) c ___ ................. ..... .(SEAL) ACKNOWLEDGMENT CORPORATION INDIVIDUAL Eelore the. .Elan. .C.o.mLs.sio.a, .of thc. ..Ci..U ............ of.. .. ..?!.U.S.k.C.g.!! ........ (Acti8v: Ucdyl (Clly. VillUDC. 'run?. C,"",Y) WAUKESHA 583 W20411 Janesville Rd. ... ................ .... .County, Wisconsin, in regard to Premiscs at. ................. .in Townshin. 5 2u Waukesha ... ..__North. Ranrre .......... ..East.. ........ ............ County. 20'7'7319 WHEREAS the Zoning Code and Zoning District Map of the nbove nmcd municipality. pursuant to Statc Statute, may be approved by the municipality as a Conditional Use Grnnt in particular circumstnnces as defined by thestandards provide that thc premises may not be used of right for the purpose hereinafter described but that upon petition such use in the Zoninr Ordinance: and I Petition thcreforc having been mnde, and public hearing held thereon. and the Plan Commission ......................................................... (Acrlnp LbJyl of the. .......................... City of ............................................................ Muskego .Ilaving determincd that by reason of the ~?articr~lar nature, cl1arccter and circun-smnces of the prol.msed use. and of the specific rmd contemporary conditions. grant of such use upn the term and conditions 1~crcinafw.r prcscribed WOLII~ be consistent with the rcquiremcnts of Lhc Zoning Ordinance: (Clry. Villncs. Tom. 6untyl Now, therefore, IT IS GRANTED, suljccc to compliancc with tlie terns and conditions hereinafter stated, that thc Prclniscs may he used ror the purpose or .. T.r.u.ck ...P.a .rki.n.e .................................................................................. ................................................................................................................................................................ ..:::: ..................... GRANTED by nctldn of the. .Pl.a.n. ..Cmmi.s.s.l;.ctrs thc. .Ci.t.n. ......... .of .......... eg.0 the ........ ........ If thc. .i.!.Sr. .......... of. ...................... Muskego ................ - ........... ........... ..... (Seal). ....... Signed : ... - The CONDITIONS of this Grant are: Collette M. Klenz hereof in such form os to constitute an effective covenant running with thc land. 1. This Grant shall become efkctive upn thc cxccution and recording by the Owners of the Prcmises of nn acccptnnce appropriate Building, and Zoning Use and Bccupnncy Permi@ in conformity to this Grant, is made within....-.months 2. This Grant shall L~C void unlcss propcr application. pursuant to the building and zoning codes or thc municipality, for of he date hereof, munlclpality, 1. 'Ria Grant la mubJcct to omcndmonr ond torrnlnatlon In occordonca wlch the provldonu of the Zonlng Code of ~hl~ plans filedjn,conn,cction yjth the Petition lor this Grant, and annexed Ilcrcto. 4. Consrrucrlon and operation of rhe use granted shall Le In st& conformity to the approved site. bullding and operation 5. Any of the conditio~ls of this Grant which would normally be the responsibility of tenants of the premises shall be made a part or their lease by the Owner. wliich lcnse shall contain provisions for posting of the pertlnenc conditlons to notify cmploycci thomnl, Ulllllmnmrmrmrr TkV! e "" ~~_* . . . . . . . ... . -~.; ~. . . .. -. . . . . .. . . . - . .. . - . - " . . . .. . . . . . . . . . . . __ . . - .. -. ... 6. Conditions on the Operations :* . a: Hoursofoperation: 8:uO a.m. to 6:oO p.m - 6 days per week b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements d. Provisions for sewage disposal: e' No regular delivery of supplies, equipment or maintenance of All trucks, equipment and materials, as permitted by the Building, trucks and equipment, as it relates to Resolution #P.C. 14/-95. and Fire Code, are to be stored inside the >O' x 100' metal bldg. Offices shall be housed in the eastern building. Approval of this conditional use rescinds andsupersedes all previous conditional uses approved for this site. Either pe,rmanently close the east access or asphalt it prior to the signing E, recording of the .CUC. 1)Upming or outside storage of materia 7 ~on~itionsont~e~uildings used is not allowed on this site at any time. a. ~academaterialofeachbuildingside: see Resolution #p.c. 147-95 b. Entrances, Design and Location: I, I, C. Signs attached to the Building. Location, Size, Design (including lighting): " d. Exterior Lighting of the Building: ,I I, e. Other: 8. Conditions on the Site a. Street Access (number, location. design): See ~~p.c. b. Off-street Parking (location and design including scrcening thereof) ,, I. c. Loading and Service Areas (location and design), ,, ,I d. Outside Storage ot Materials, Products or Refuse (location and screening thereof): None all owed e. Finished topography and building grades, retaining walls, storm \vatu run-off: f. Landscaping of the Site and Buildings (including plant types, size, spacing): 147-Y 5 8. Pedestrian wolltways, terrnces, malls (location ond design): h. Signs (free standing) location. size, design (including lighting): i. Exterior Lighting of the Site. location design and power: j, Othcr: See Resolution 1lP.C. 14?-r5 for all conditions of approval a, I Receipt of a True Copy of this insrrumcnt on bcholf of rhc pctidancr 20 th September Notc: Whcrc tl~cmndi~ionsr~rcahcwn on maps, Jrawinp. phr~ro~ruphs. ~r~lmil~r.tt~~l,nl~~~~.. Entcr: "Sec Exhibit. / '. ........ .. .<.* ;.,;. . . , .... ....... __ ._.> ........... ............ ...... ... ... .,. ........ ...... ... .. .......... .. ...... ...... ..<.:...';.~;..'>.- ...... y..:... ..:.. ...... .. .......... ... ._ ......... ................... .. ... .......... ......... ., ...... .. .~ ~. - _. TOWN BOARD OF THE TOWN OF MUSKEGO PETITION FOR CHANGE IN TEXT OR MAP OF MUSKEG0 ZONING ORDINANCE of the Town of Muskego, Waukesha County, Wisconsin, to amend that known as the Zoning Ordinance of the Town of Muskego, adopted ordinance of said Town (or the zoning may which is a part thereof) December 22, 1957, and as amended, in the following respect: PT NE$SES SEC 18 T5N R20E LYING N OF ELEC RY EX THAT DESC IN VOL. 257/247 & SCHOOL Ex POL 402/336 & PT NE&%$ s OF ELEC BY EX FOLS 518/233; 532/5'5 & 422; 764/36 7 Ac The. undersigned does hereby respectfully petition the Town Board PTNE$ SEi SEC 18 T5N R20E COH ON E LI S 316 FT FROM E$ COR; TH S79' 2.5'E 664.3 FT; TH N 190.6 FT TO BGN 3.07 Ac EX HY 20'1 SOOFT; TH S77O Ss'w 189.2 FT; TH S9O 32'E 265.5 FT; TH N72' VE WISH TO, BE GRANTED A CONDITIONAL USE STATUS IN ACCORDANCE WITH SEC. 3.08 (4) (H) (LEGAL NONCONFORNING USES - IN ANY DISTRICT AS PROVIDED BY SEC. 3.18 (5). FOR THE PURPOSE OF BUILDING. That filed herewith and marked "Exhibit A" is a plot plan in triplicate as required by Section 20:02 - (2) - A of said ordinance. That attached hereto and marked "Exhibit E" is a list of the names and addresses of the owners of all properties within 300 feet of any part of the land included in the' proposed change. 1-60 THIS COVENANT, hdodc this. ... 20 th .J;,g of. .......... September ,, 1~, 95 by.. Walter Bohrer, Jr. ......... .......... ......................................... ...... .... ......................... ... ... ...................... .. _" -. .......................... ..................... .Grantors, lor the use and bcncfit or ai1 persons lrom timc to time rcsidcnt or owning propcrty wirhln the boutrdaricsofrhc. .c.i.t.)r ............... .of.... ..Mus.ke.g.o. ......... .... Icily, VIII....TW~. cuunw .W.aw.kks.h.a. ....... ....... .County, \Vlsconsln. and lor the use and benefit of thc said. ..c.Jh ...... .of.. ...... M.u.s:k.e.g.o. ..... (Clry. ViIIO~<. TO"". County) CORPORATION ACKNOWLEDGMENT STATE OF WiSCONSIN. Is*, ...... me chi)., ..__._ ,.day of. .................. 19. ,... .. ..... ,... ,... .................. President and .- O~thcaboveR8~~~~~~~tobesuchpcrsonsand *...-. .. ...- n""_ ssc&ry officers who cxccutcd thc larcgooing instrument nnd ucl;nowicdgcd thot they excnlted the same os such officers, by its anthority. for the purprcr thcrcin contained. , .County.j Pcrxs,.oiIy come belore ........ , ......... INDIVIDUAL c elo ore tlx. .... an. .~a.rnrn~ss~~.,.~, ... .o( t11c. ,.C..i.t.y ............ of. .. .E!.~k~.g.o. (Acth~ Udyl (CIIY. VillUO.. 'T*wn, Cl""tY1 WAUKESHA sa3 6120411 Janesville Rd. ..................................... County, \Vircollsin. in regard to I'remiscs at. ........................ ..in Township .North. Ran[:e ..East ,.... .cl,untY. 5 2u Waukesha ......................... ...... ............ ............................. State of \Visconsin, further clescribcd as lollo\vs: Tax Key #12232.998 PT NE 1/4 SE 1/4 SEC 18 T5N RZOE COM ON E LI S 316 FT FROM E N72 2.5' E 664.3 FT N 190.6 FT T9 ,BGN EX HY ALSO PT SW 1/4 SEC 1/4 COR s79 20' W 500 FT S77 55' W 189.2 FT 59.32' E 265.5 FT 17 CUM W 1/4 COR S 316 FT THE BGN S 190.6 FT 1172 2.5' E 21.03 FT N 188.75 PT SZ8 5' W 20.52 FT VOL b33/36-362 DEEUS 3.16 AC mnvrmm .... . - -" " - -. .. .... ... .......... ...... "- "" .......... 6. Conditions on the Operations a!HoursofoPeration: 8:uo a.m. to 6:OO p.m - 6 days per week b. Performance standards relating to noise, vibration, odor, smoke or dust: c. Water supply requirements: d. Provisions lor sewage disposal: e' Other' No regular delivery of supplies, equipment OK maintenance of trucks and equipment, as it relates to Resolution #l'.C. 14/-9>. All trucks, equipment and materials, as permitted by tne Building, and Fire Code, are to be stored inside the >Of x 100' metal bldg. Offices shall be housed in the eastern building. Approval of this conditional use rescinds andsupersedes all previous condltional uses approved for this site. Either pqrmanently close the east access or asphalt it prior to the signing h recording of tne.,CUG. 1)Upming or outside storage of materia 7, Conditions on the Buildings used is not allowed on this site at any time. a. Facadematerialoleachbuildingside: See ~~sol~tio~ #p.c. 147-95 b. Entrances. Design and Location: ,I ,I ,I C. Signs attnched to the Building. Location, Sire. Design (including lighting): 'I d. Exterior Lighting of the Building: I1 I, 9, e. Other: 8. Conditions on the Site a.StreetAccess(number,location,design) See Resolution jfp.c. 147-95 b. Off-street Parking (location and design including scrcening thereof): 91 I. c. Loading and Scrvice Areas (location and design), ,, 1, d. Outside Sroroge olMoteridt. Products or Relusc (locntion'and screening thereor): None all owed e. Finished topography and building grades. retaining walls, storm watcr run-off: f. landscaping of the Site and Buildings (including plant typcs, size, spncin~): 6. Pedestrian wallcways, terraces, malls (location nnd design): h. Signs (free standing) location, sire, design (including Ilghting): I. Exterior Lighting of the Site. location design and power: J. Othcr: See Resolution i/P.C. 147-95 for all conditions of'approval - 18'1 Receipt of a True Cow of this instrument on behollof the octiiibner 2oth September acknowledged the .......... .day of ............................... ._, 19.. ... Y5 e qr[!1835!r!:i1143 ,- 0 ' Le 1~1~87) CONDI~IONAL USE GRANT I Grb.. ~ Number.. ~~~ 6 " Seer 62.2?. bl.31. 60 74 sr,d 19.97 H'ir Star*. p,efore Plan Commission of thc. CitY .... of. ........................ ... Mus ke go ..................... Waukesha .County, Wisconsin, in regard to Premises at.?!!. w?!!!!.!! J.anesvi1. ~e...Ro.ad.. ............................... (Acrjrlg Body) (ary. village. .row". C~WCY) ... .in Township ... .>. .North. Knn:;c. .?.!? .East. .~.!!a.ukesh~a. .Couniy, hatL,. oi Wisconsin, lurt!ler clcsci~bsd as follows: All that part of the SE 1/4 of Section 18. T5N. R20E, in the City of Muskego. Waukesha County, Wisconsin bounded and described as follows: COP1 ON E LI S 316 FT FROM E 1/4 COR S79 20' W 500 FT 577 55' W 189.2 FT S9 32' E 265.5 FT N 72 2.5" E 664.3 FT N 190.6 FT TO BGN EX HY ALSO PT SW 1/4 SEC 17 COM W 1/4 COR S 316 FT THE BFN S 190.6 FT N 72 2.5' E 21.03 FT VOL 633i360-362 DEEDS 3.16 AC R1068/652 TJP 12/88 Also known as S83 W20411 Janesville Road WHEREAS the Zoninz Cndc and Zoning District Map or thc alxwe namcd r,mniciylity, pul-want to State Statute, p!-ovide that the premises may not be used of right Tor the purposc hereinalter described but that upon petition such use may bc approvcd by the municipality as a Conditional Use Grant in prticulur CircumsLanccs 3s c!cfinc:i Ijy thc stmdards in the Zoning Ordinancc; and Petition therefore having been made. and public hearing held thereon, and the, .Pl.an...eOmr?lssio.n. I,\cri,'a tkl>) of the. .Xi. !Y ............. of ......... !:.u?kego.. 1 .............................................. having determined that by reason of the particular nature. character and circumstances of the proposed use, and of thc specific and contemporary conditions, grant of such use upon the terms and conditions hereinalter prescribed would be consistent with the requirements of the Zoning Ordinance: Gry. Village. Town. Guntyl tdow. therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinalter stated. that the Premises may be used for the purpose of ...!?I. sP.k?Y.z. .se.~ice.,...a..s.al.e..of..Pn.O~oblle.s,. .P.Cr.So.!.?il.. ..... .... watercraft - and boats GRANTED by action of the. .plan ... Co. .. iSsi0.n ..... .of ...... ........................ the. .1%h ... .day of. .oFf0be? ..... .... ., 19 .... .................................................................................................................................................................... Attest: ....... TilIC.. .MaYQ.9.r ICiw. '/11108e. Town. Cuuntyl Cld Original filed in the office of the. .P.~nn..C.~.~~s.~i.a ... ........... The CONDITIONS of this Grant are: Collette M. Klenz 1, This Grant shall become effective upon the hereof in such form no to constitute nn 2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the municipality, for of the date hereof. appro?riate Building. and Zoning Use and Occupancy Permits in conformity to this Grant, is made within 30..b%%ths 3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code of this municipality. ... 4. Construction and operation of the use granted shall be in strict conformity to the approved site. building and operation plnns Aled In connectlon wlth the Petltlon for chls Grant. and annexed hereto. 5. 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 leese by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify employees thereof. r .I.."." 187" .I,..".,* 11 6. Conditions on the Operations a. Hoursofoperation: 9-6p.m. except on Monday, Wednesday, & Friday from 9 until 9 p.m. b. Performance standards relating to noise, vibration, odor, smoke 01 dust, See attached Exhibit "A" & "B" c. Water supply requirements: n/a d. Provisions for sewage disposal e. Other' See attached exhibits "A" & "B" 7 Conditions on the Buildings a. Facade material of each building side: n/a b. Entrances, Design and Location: n/a c. Signs attached to the Building, Location, Size, Design (including lighting), see attached Exhibits "A" & d. Exterior Lighting of the Building: all exterior liehting to be directed downward e. Other'See attached Exhibits "A" & "B" 8. Conditions on the Site a. Street Access (number, location, design) one acceSS Onto 3anesville Road b. Off-street Parking (location and design including screening thereof)' See attached Exhibits vtAtv IIBII c. Loading and Service Areas (location and design) ,See attached Exhibit TVBII /;3 d. Outside Storage of Materials, Products or Reruse (location and screening thereof): See attached ~~~ib~~ IIAI e. Finished topography and building grades, retaining walls, storm water run-off. as existing "B" f. Landscaping of the Site and Buildings (including plant types, size, spacing) as existing g. Pedestrian walkways, terraces, malls (location and design).*,, h. Signs (free standing) location, size, design (including lighting) Free Standing not included wj this p rsval i. Exterlor%iihtmg of the Site, location design and power' See attached Exhibit II~II II~II '' Orher' See attached Exhibits "A" & "8" ! ,' 1 ,, _.. L" -, Nb.,Z CUG 2 (19671 LAN. ,OVENANT Relates to Grant No. 6 11- ' Acceptance of Conditions of Conditional Use Grant. ll . ..................................... ....... ... Walter Bohrer Jr by. _ 9. .. THIS COVENANT, Made this. .!?th.. .lay of. October. , 19.93, .Grantors, lor the use and benefit ol all persons from time to time resident or owning property within the boundanesolthe. .c.i.tY ......... .oi~.. .Musk.%'? (cltv. vlisge. 'Town. counw Waukesha ........................ .Countv. Wisconsin. and lor the use in its own right and as agent for the purpose of enforcing these prescnts on behall ol the above described class ol persons, Grantees. - lollowmg described Imds in Township. .5. .North Range. .2.0. .East, in the County lhe premiscs affected by these presents (hereinalter called the Premises) are the or. Waukesha. .and State of Wisconsin. tc-wit: AX KEY NO. 1309174 ETURN TO: ATTN COLLETTE KLEKZ CITY OF MLISKEGO POB 903 T Nn - All that part of the SE 1/4 of Section 18, T5N, R20E. in the City of Muskego, Waukesha County, Wisconsin bounded and described as follows: COM ON E LI S 316 FT FROM E 1/4 COR S79 20' W 500 FT S77 55' W 189.2 FT SY 32' E 265.5 Ft N72 2.5" E 664.3 FT N 190.6 FT TO BGN EX HY ALSO PT SW 114 SEC 17 COM W 1/4 COR S 316 FT THE BGN S 190.6 FT N72 2.5' E 21.C3 E'T VOL 633/360-362 DEEDS 3.16 AC R1068/652 TJP 12/88 Mail iddress ol the Premises is. S 83 W20411 JANESVILLE ROAD .............................. Grantors 9 arrant and covensnt that at the time of the ensealing and delivery ol thcsz prescnts they are all ol the owners ol the Prcmises and that 110 other person hrs any estate or interest therein except by reason of easements for public utilities, building restrictions. dedicatiom to tk.c pu51c or lp~!b!ic bor'.i;s. i:?s::wxnts not of record. and mortgagcs to banks, savingsad loan aSmciatiollsor insurarwe compenicr. Crn!ltors xpr:scnt tl.at ~pet\iio~~ on heir bche1fu.x made to the. ci.ty. ............ .of. .................. City Muskego (Ciry. V,llo;e. 'I.UK,,, tounry) plrrsunnt to tlic Ionilin. Code of the ssid. ....... ... there permissible cot by right but only by Conditional tise Grant; that in wnnection therewith Grantors madc certain representations and ., lor grant of permisslan to erect and/or conduct on the Premises a us: agreements as IO ite, building and operation plans which were incorporated into the Condl mnnl Use Grant: that based thereon Conditional Cre Grant X.3.~ December 5 .............. ................ ~, l'? .. andthatn trrlecopy t!xredson file with the 6 .w?s issued under date of. b'l Plan Commission .ol the. ................ .of .............. city Muskego (CltY, Vlll.8C. Town. couniyl and cmdirmns thcreoi. This co\m~,mt shall run uith the land and shall be bindin:: o,, thc Glanrors and on all pcrsons claiming any exate or NOW, THEREFORE, Grantors hcreby accept the said Conditional llse Grant and covenant strictly to comply \,with all of the terms inwrest in tbc Frsmiscs by, thrauzh or tdcr thc Grantors, as long as thc said Prclniscs arc used as dcscribcd in thc Canditlonol tisc Grant lor the operation ol. .Display,. .Ser.vice,. .&..SaLe..of. snowmobiles,. .personal. .waLercraf.L. .&. .Boats. In Witness Whereor, Grantcrs have hereunto set their hands and seals this. .day of. .. , 19. SIGNED AND SEALED IN PRESENCE OF ....... J ACKNOWLEDGMENT CORPORATION INDIVIDUAL STATE OF WISCONSIN, ss, .County. 1 Personally came before me this. .day of. ., 19. ., ... ., Prerldenr and. of the above named wrporztion, to me known to be such persons and ., Secretary officers who executed the loregoing instrument and acknowledged that they executed the same as such officers. by its authority. lor the purposes therein contained. THIS INSTRYMENT WA$ DRAFTED BI (SEAL) Notary Public. State al Wisconsin MY commission expires. ............ I 1/ J' . E. TOWN OF MUSKEGGO MAY 31, 7961' NOTICE IS HEREBY GIVEN, PVRSVdNT TO SEcTroN .3,!00 OF THE fowN OF MUSKEGO ZONING ORDINANCE, THAT A JT. fi~q;'C HEARING' WILL , BE XELD TO CONSIDER THE FOLLOWING: . . I, .. LOTS I, 2, 3 '* BLOCK 1 - MEAD~WDA~E .SUBDIVISION THAT PART OF THE $w+ -. SECTION 1.0 ALSO PART OF THE .IVS+ '- SECTION 9 SHALL A CONDITIONAL USE STATUS BE'CRA~TED ON THE, ABOVE' DE+ CRIBED PROPERTY IN ACCORDANCE WITH. SECTION. .J. 00 (HI LEGAL NONCONFORKING USE. SHALL PERMISSION' ALSO- BE ,G~ANTED TO ..IN- STALL A OASOLINE PUMP ON BOAT DOCK AND SHA~LL PERMISSION BE GRANTED TO OPERATE ICECREAK STAND ON PICNIC AREA? TOWN BOARD OF ,THE TOWN OF MUS.K~GQ DELBERT ~:&. GUHR, SUPERVISOR HENRY w. WgLF, $VPERVZSbR DATED THId 31ST DAY OF HAY, 1961. MARGARET krrLLIAMS CLERK PETITION FOR CHANGE IN TEXT OR MAP OF MUSKEGO ZONING ORDINANCE of the Town of Muskego, Waukesha County, Wisconsin, to amend that ordinance of said Town (or the zoning may which is a part .thereof) known as the Zoning Ordinance of the Town of IJluskego, adopted De.cmber 22, 1957, and as amended, In the following respect: The undersigned does hereby respectfully petition the Town Board fdfl c dn/~/7/oNA'I USE OF LAND LlFJCf?jD&~ * 11 1-60 0 c . _. . 0 EXHIBIT "B" AMENDED RESOLUTION #P.C. 199-93 APPROVAL OF EXPANSION TO CONDITIONAL USE GRANT #6 TO ALLOW FOR WATERCRAFT, AND BOATS WITH THE EXISTING 10,526 SQ. FT. AND THE DISPLAY, SERVICE AND SALES OF SNOWMOBILES, PERSONAL 5,000 SQ. FT. BUILDINGS TO BE USED IN CONJUNCTION WITH SAME LOCATED AT S83 W20411 JANESVILLE ROAD BY WALTER BOHRER, JR. AND DALE KREIL WHEREAS, The Plan Commission of the City of Muskego has Kreil for an expansion to existing Conditional Use Grant # 6 received a petition from Mr. Walter Bohrer, Jr. and Mr. Dale Personal Watercraft, and Boats with the existing 10,526 sq. ft. to allow for the Display, Service and Sales of Snowmobiles, and 5,000 sq. ft. buildings to be used in conjunction with same located at 583 W20411 Janesville Road, and WHEREAS, The owners of property within 300 feet of this property have been notified of the Public Hearing, and a Public City's. Code of Ordinances, and Hearing has been held in conformance with Section 17:3.07 of the WHEREAS, The City's Zoning Ordinance permits the expansion of a Conditional Use in the RS-2/0HS Zoning District upon the approval of the Plan Commission, and Operation plan be submitted for approval by the Plan Commission in conjunction with the Conditional Use Grant request and the petitioner is requesting approval of said Building, Site and Operation plan. WHEREAS, The regulations provide that a Building, Site and WHEREAS, The petitioners are proposing to operate the general business of Casanova's Marine from the existing 10,526 will occur in the east building, and square foot building (east building) and repairs and assembly WHEREAS, The petitioners have proposed to provide paved parking spaces for 38 vehicles including 1 accessible van space (15 feet wide) and 1 accessible auto handicap parking space (12 feet wide) and staff estimates a prime floor area of 6650 parking spaces for these buildings, and square feet between the two buildings which will require 38 WHEREAS, The petitioners requesting a 150' x 70' outside boat storage area be constructed with a gravel parking surface referred to as the west building, and surrounded by a fence to be located on the west side of what is WHEREAS, The petitioners are requesting to display up to 50 possibility of a gravel walk and a chain link fence enclosure boats on the Western portion of the lot on the grass with the to be added in the future, and i EXHIBIT "B" cont. WHEREAS, The petitioners are proposing to have some outside repairs of boats in the rear of the lot, and the existing toilet and water facilities are adequate and the Building Inspector does not agree with this statement, and WHEREAS, The petitioners have stated in their request that WHEREAS, The petitioners are requesting to display up to 20 snowmobiles with the area of display to be in front of the outside boat storage, to the east of the 50' x 100' building and in front of the east building, and WHEREAS, The petitioners are proposing three 3' x 5' signs West and East buildings up to five (5) 4' x 6' signs between to be located where the existing "For Rent" sign and on the the two buildings that will be internally illuminated, and WHEREAS, The proposed signage on the submitted site plan may exceed allowable limits on the north side of the east building. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby grant an expansion to Conditional Use Grant #6 to allow for the Display, Service and Sales of buildings, to be used in conjunction with same, located at S83 Snowmobiles, Personal Watercraft, and Boats with the existing W20411 Janesville Road and that the approval be subject to Section 17:6.03 of the City's Code of Ordinances and subject to the following conditions: 1. The site will have an asphalt or concrete parking lot, which is striped and marked and of sufficient size to accommodate 38 customer vehicles. Said parking lot to have asphalt or concrete by November 15, 1993. 2. A garbage dumpster shall be provided and be screened from view. 3. At no time shall there be any repair work performed outside proposed boat lift and the south east corner of the west the building except for minor repairs performed south of the building. 4. Outside boat storage area at southwest end of the west building will be screened from view with a 6' fence as stated in Section 17:4.05(4) and will be accessed only from the area south of the west building. 5. Hours of operation to be as follows: from 9:00 a.m. to 6:OO p.m. seven days a week with evening hours from 9:00 a.m. to 9:00 p.m. on Monday,Wednesday and Friday. 6. No parking of any type allowed within the Janesville Road right-of-way. 7. The west building must be upgraded to meet DILHR and NEC code requirements including but not limited to sanitary facilities (the sanitary requirement not applicable if the west building utilized solely for storage). 8. All exterior lighting will be directed downward. . at the southeast corner of the west building and will be 9. The dumpster will be located in front of the loading dock adequately screened. between the two buildings and that the signs will not be 10. There will be a total of five (5) mounted wall signs greater than the allowable 5% of the wall space. BE IT FURTHER RESOLVED THAT, The Plan Commission also approves the Building, Site, and Operation plan as required in Section 17:6.03(3)A.2. BE IT FURTHER RESOLVED THAT, The Amended Conditional Use Waukesha County Register of Deeds which shall include the Permit with all Exhibits be recorded within 30 days with the operational conditions of the grant and reference to the approved Building, Site and Operation plan which is to be kept on file at the City of Muskego. and operation plans and previous conditional uses be removed BE IT FURTHER RESOLVED, That all previous building, site from the conditional use grant prior to the recording of the of the Conditional Use Grant. boats will be graveled prior to any display of boats is allowed. BE IT FURTHER RESOLVED THAT, That the display area for the Plan Commission City of Muskego Reconsidered 11-03-93 Tabled 10-19-93 Adopted 11-02-93 Defeated Deferred 10-26-93