ORD20071254-rezone-oschmann-defeated
DEFEATED AT COMMON COUNCIL – 09/11/2007
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1254
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
Steve and Laurie Oschmann
BL-2 to RM-2 and BL-2 to RS-3
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from BL-2 to RM-2:
All that part of Parcel 2 of Certified Survey Map No. 5359, being a redivision of Parcel 2
of Certified Survey Map No. 5277; and lands, being a part of the Northeast 1/4 of the
Northeast 1/4 of Section 15, Town 5 North Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, which is bounded and described as follows:
Commencing at the Northeast corner of the Northeast 1/4 of said Section 15; thence S
87°48'11 "W along the North line of the NE 1/4 of said Section 15, 1,000.00 feet; thence S
01°11'17" E, and parallel to the East line of said NE 1/4, 666.92 feet to a point 22 feet from
the shore of Bass Bay and on a meander line for said shore; thence S 65°12'00" E along
said meander line 50.00 feet to the Point of Beginning of the lands to be described; thence
N 22°05'48" E 256.31 feet, thence 66.65 feet along the arc of a curve whose center is to the
left, and whose radius is 60.00 feet, and whose chord bears N 80°16'26" E 63.28 feet;
thence S 41°32'56" E 80.64 feet; thence N 87°48'11" E 193.99 feet; thence S 39°11'35" W
398.06 feet to a point 23.8 feet from the shore of Bass Bay and on a meander line for said
shore; thence N 52°18'09" W along said meander line 170.11 feet; thence N 65°12'00" W
along said meander line 21.99 feet to the point of beginning. Said lands containing 73,015
square feet or 1.676 acres.
SECTION 2: The following described property is hereby rezoned from BL-2 to RS-3:
All that part of Parcel 2 of Certified Survey Map No. 5359, being a redivision of Parcel 2
of Certified Survey Map No. 5277; and lands, being a part of the Northeast 1/4 of the
Northeast 1/4 of Section 15, Town 5 North Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, which is bounded and described as follows:
Commencing at the Northeast corner of the Northeast 1/4 of said Section 15; thence S
87°48'11" W along the North line of the NE 1/4 of said Section 15, 1,000.00 feet; thence
S 01°11'17" E, and parallel to the East line of said NE 1/4, 385.00 feet to the Southwest
corner of Parcel 1 of Certified Survey Map No. 5277 and the Point of Beginning of the
lands to be described; thence N 87°48'11" E along the South line of said Parcel 1 of
CSM 5277 110.00 feet; thence N 01°11'17" W 150.00 feet; thence N 87°48'11" E along
the South right of way line of Aud-Mar Drive 117.48 feet; thence S 01°11'17" E along the
West line of Parcel 1 of Certified Survey Map No. 5359 150.02 feet; thence N 87°48'11"
E 335.57 feet; thence S 39°11'35" W along the Westerly line of Certified Survey Map No.
6579 166.62 feet; thence S 87°48'11" W 193.99 feet; thence N 41°32'56" W 80.64 feet;
thence 66.65 feet along the arc of a curve whose center is to the right, and whose radius
Committee of the Whole Page 2
September 20, 2007
is 60.00 feet, and whose chord bears S 80°16'26" W 63.28 feet; thence S 22°05'48" W
256.31 feet to a point on a meander line for Bass Bay; thence N 65°12'00" W along said
meander line 50.00 feet, thence N 01°11'17" W along the East line of Certified Survey
Map No. 6662 281.92 feet, to the point of beginning. Said lands containing 90,292
square feet or 2.073 acres.
SECTION 3: 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 ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance is in full force and effect from and after passage and
publication subject to and Council approval of the Condominium Plat, and Certified
Survey Map Deed Restriction restricting the amount of condo units to four in the
existing restaurant structure and all of said condo units having lake access and
also prohibiting any lake access to any single family dwellings or any other type
of development on the remainder of the property, and Subdivider’s Agreement.
SECTION 5: The rezoning lines of RM-2 and RS-3 shall follow the property lines
of a future Certified Survey Map and will slightly adjust from the Sections 1 and 2
above, so the RM-2 zoned parcel will encompass the entire lake frontage.
PASSED AND APPROVED THIS DAY OF , 2007.
CITY OF MUSKEGO
__________________________________
John R. Johnson, Mayor
First Reading: 05/22/07
Deferred: 06/12/07, 6/26/07, 7/10/07, 7/24/07
08/14/07, 8/28/07
DEFEATED: 09/11/07
ATTEST:
__________________________
Clerk-Treasurer Published this day of 2007