CCR1994231COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #231-94
DISAPPROVAL OF CERTIFIED SURVEY MAP
Heise
WHEREAS, A Certified Survey Map was submitted on September 26,
1994, to finalize a two-parcel division of the Heise property at
W182 58450 Racine Avenue in the SW and SE 1/4 of Section 16; and
WHEREAS, The present use of the entire property is multiple
family and the zoning is RS-2 Single Family Residential; and
WHEREAS, The present use of the entire property is a legal
nonconforming use; and
WHEREAS, A Certified Survey Map for the same parcel was
submitted on January 6, 1994, and disapproved by both the Common
Council and the Plan Commission of the City of Muskego and is
still the subject of a lawsuit commenced by the owner of the
property; and
WHEREAS, the Plan Commission has recommended disapproval.
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby disapprove the Certified Survey Map to finalize a
two parcel division of the Heise property at W182 58450 Racine
Avenue in the SW & SE 1/4 of Section 16 for reasons including,
but not limited to, the following:
1. Violation of §18.20(2) and §18.33(3) of the Muskego
Land Division Ordinance in that such a division would violate
applicable rules, laws, regulations, ordinances and
comprehensive plans; and
2. Such a division would violate Muskego Ordinance
and enlarged and result in a greater degree of non-conformity;
17.4.06(C) and (D) in that the non-conformity would be expanded
and
3. Such a division would violate Wisconsin Statute
§66.23(7)(h) in that it would create a greater degree of
non-conformity; and
Resolution #231-94
Page 2
that the present RS-2 zoning of the entire parcel would allow
for 30 residential units and there already exists on the parcel
parcel containing the multiple family dwellings would be to a
32 residential units and if said division were allowed, the
greater degree non-conforming and the density would be a
greatly increased and the vacant parcel could be developed
under RS-2 zoning which would create even a greater degree of
non-conformity; and
4. A greater degree of non-conformity would be created in
5. Such a division would violate Muskego Ordinance 17.4.07
and 17.8.10(A) in that there would be more than one principal
residence per lot and there has been no approval of a building,
site or operational plan by the Plan Commission to allow any
apartment building.
a certified survey map to meet design standards set forth in
6. Section 18.33(4) of the Land Division Ordinance requires
Section 18.40-18.46 of that ordinance and improvements set forth
survey map does not meet those standards.
in Sections 18.50 - 18.61 of that ordinance and the certified
BE IT FURTHER RESOLVED, That if approved, this approval is
subject to receipt of all fees required by S18.14 (3)Of the Land
Division Ordinance and approval of the City Engineer.
DATED THIS 25TH DAY OF OCTOBER , 1994.
SPONSORED BY:
Ald. David Taube
This is to certify that this is a true and accurate copy of
Resolution #231-94 which was adopted by the Common Council of
the City of Muskego.
Being a redivision of Parcel C of C.S.H. No. 625 and Parcel D of
C.S.H. No. 993 and being part of the NE 1/4 of the SW 1/4 and of the W 1/4
of the SE 1/4 of Section 16, TSN. R20E
CITY OF HUSKEGO, WAUKESHA COUNTY, WISCONSIN
LEGEND: .Iron plpe 24" x 1" dia. (found) OIron pipe 24" x 1" dle. (placed)
1.13 t lbs per lin. ft. 1.13 + lbs per lin. ft.
CERTIFIED SURVEY MAP NO- Page 1 of S
SCALE I"= 100'
REFERENCE MERIDIAN: The east line of the sw 1/4 of section IS was used as m
Iliscnnsin-,%takP~e Coordinate System, South Zone Grid.
the reference merldian and has a bearing of N00'41'32"W based on the 0' 50' lod
GRAPHIC SCALE
LOCATION MAP
NOTE: Bearings as recorded in said C.S.H. Nos. 625 and
993 have been rotated counterclockwise OOo41'32" to -" -og"confom to South Zone Grid Coordinate System. " RAClNE AVE, 9 OWNERS: WILL FAMILY TRUST and
AMERICAN COLLEGE BUILDING GROUP
Suite 101
Peuaukee, WI 53072
SEC. 16-5- 20
SCALE 1":2640'
Instrument drafted by John W. Jahnke P.S. Huskego 289
CERTIFIED SURVEY MAP NO.
Being a redivlsion of Parcel C of C.S.H. No. 625 and Parcel D of
C.S.H. No. 993 and being part of the NE 114 of the SW 114 and of the NW 1/4
of the SE 114 of Section 16, T5N. R2OE
CITY OF MUSKEGO. WAUKESHA COUNTY, WISCONSIN
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I
Instrument drafted by John W. Jahnke P.S. Huskego 289
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