CCR1982006RESOLUTION 16-82
DETERMINATION OF UGAL LOT STATUS
(As Amended)
(C. Colburn)
e - WHEREAS, on the 9th day oQNovembr, 1981. the City of Muskego received a request from Mr. Charles Colburn for determination
of legal lot statue on the following~described property
Ut 3, Block 13. Muekego Shores Subdivision
W and,
WHEREAS, the lot In question is adjacent to W175 S7014 Hiawatha Drive (lot 4, Block 13) which would therefore become an illegal
lot, rad
UHMAS. lot 4, Block 13 which contains 7200 sq. ft. has a home
on it and the lot for which legal lot status is requested is
12.857 SQ. it. and is a Vacant lot, and
WHEREAS, the present zoning of RS-3 OED require6 un Offset of II
minimum of 7.5 feet on one:eide and 11.25 on the other side, and
WHEREAS Mr. Colburn has indicated a willingness to guarantee
that no structure would be built Closer than 11.25 feet to the lot
line, and
WHEREAS, the Plan Corniselon of the City of Muskego defeated
a resolution to approve legal statue of lrot 3, Ulock 13, Muskego
Shores Subdivision, and
WHEREAS. on the 12th day of January, 1982, the Common Council
defeated Resolution 16-62, entitled, Determination of Legal
Statue (Lot 3. Block 13, Huskego Shores Subdivision) which
WM denial of the legal statue of that lot, and
WHEREAS. the Common Council of the City of Muskego does hereby indicate that it is in the best interest of the city and
individuals involved to approve the request for legal status
Of Iat 3, Block 13, Muskego Shores Subdivision,
THEREFORE, BE IT RESOLVED that the Common Council of the
City of Nuskego does hereby approve of the lei91 lot status
request of Charles Colb- for Lot 3. Block 139 "JskeV
Shores Subdivision.
BE IT FURTHER RESOLVED that no etructure will be built
closer than 11.25 feat to the lot line,
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MTED THIS 26th MY OF January , 1982
Ald. Wqfne Radtke
ATTEST :
e City Clerk
February 9, 1982
To. The Honorable Aldermen of the City of Muskego
RE: Veto of Resolution #6-82, As Amended
-0 Gentlemen
On January 26, 1982, your honorable body adopted Resolution #6-82,
As Amended. That resolution granted legal lot status to Lot 3,
Block 13, hSkeg0 Shores Subdivision, owned by Charles Colburn.
Although it would seem a waste of time to veto a resolution that
8 an opportunity to reconsider your action and the affect it would have
was adopted unanimously by the Council, I feel that I must give you
on the city's philosophy to discourage high density development and
particularly Muskego Shores Subdivision which already is over
developed.
In March of 1977 a similar request by the former owners, Mr. and Mrs.
Willard Anderson, was denied by the Council by upholding the Mayor's
veto. The circumstances thenwre no different than they are today.
Mr. Anderson, as is Mr. Colburn, was a longtime resident of the
city, active in civic affairs and well known. At that time, it was
determined that the decision had to be made on the basis of what is
best for the city and not on what is best for an individual.
Over the past several years the City.,of Muskego has developed a
eration of high density development. As a result of that philosophy
very few substandard lots have been given legal lot status and in
those cases where it was granted it was as a result of redivisions.
A review of the Muskego Shores Subdivision indicates that there are a
built upon. A drive through the subdivision clearly shows where these
large number of double lots which could, although substandard, be
my personal opinion that your body, by giving legal lot status to Mr.
double lots are and how it would affect the neighboring area. It is
Colburn, has created the possibility of many requests for legal lot
status. Although you may argue that each case represents a different
situation and should be looked at individually you will be hard
pressed to deny any request for legal lot status in the future since
each person feels he has a unique situation. The lot in question is
perhaps the worst example of what can happen when you encourage
By approving Resolution #6-82, As Amended, you have not only declared
continuation of high density development in an area already too dense.
second legal lot which is substantially lacking in area as well as
legal a lot that is substandard in width but you have created a
width.
0 philosophy that whenever possible they will discourage the prolif-
-e When determing whether or not substandard lots should be made legal
it is the responsibility of the Council to look at many things, one
of which is not the economic advantage or disadvantage to the owner.
You must consider how that action would affect adjacent property
owners, the density of the area, the goals of the city as they relate
to density and whether or not your action could be used as a precedent
for future requests by other citizens.
One of the things that must be considered after the denial of Mr.
him the $225.00 he had been charged for a sewer lateral to serve that
Anderson's request for legal lot status is the Council refunded to
lot. By that action the Council indicated that the property should
not be built upon. If you insist on granting Mr. Colburn's request
for legal lot status, certainly the city should be reimbursed for
the cost of the lateral.
Councils to, requests to make small substandard lots legal. I
I sincerely hope that you will not subject yourselves and future
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respectfully urge you to sustain this veto.
Jerome f. Gottfried! Mayor
City of Muskego
JJG/ j e
W182 58200 RACINE AVENUE * MUSKEGO. WISCONSIN 53150
D January 27, 1982
I, Charlotte L. Stewart, City Clerk of_/;! / /-, ,. -I+-"-/ :\
I \, '> 4 I the Cibty of Mu~skego, do herebpceStiTy that
on January 27: \1982., thyMayor of the City I
of Muskego,.subm+tteddo this office his
intent5on to:;ve-fo resolution 3 6-82, entitled
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Determination\of / \>, Legal Status (Lot 3, Block 13, i
I I /" I Muskego Shor,es'\SuBdivision - C. Colburn) whidh /
0 at the CO~O,~,
27, 1982.
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