CCR2002121COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #121-2002
APPROVAL OF LEGAL LOT STATUS
WHEREAS, A petition was submitted on May 7, 2002 by Roy Smart for legal lot status
of lot adjacent to W184 S6668 Jewel Crest Drive (Tax Key Number 2174.143); and
WHEREAS, The Plan Commission adopted Resolution #P.C. 069-2002 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
petition for legal lot status of lot adjacent to W 184 S6668 Jewel Crest Drive (Tax Key
Number 2174.143) subject to the conditions outlined in #P.C. 069-2002, which include
the submittal of a certified survey map to the City Planning Department within 90 days
of this approval.
BE IT FURTHER RESOLVED That the petitioner shall be required to either record
easements for all structural encroachments, or shall remove all structural
encroachments in order to bring all structures into conformance with municipal setback
and offset requirements.
DATED THIS 28th DAY OF May ,2002.
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #121-2002 which
was adopted by the Common Council of the City of Muskego.
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City of Muskego
Plan Commission Supplement PC 069-2002 '. For the meeting of: May 21,2001
REQUEST: Legal Lot Status
W184 S6668 Jewel Crest Drive /Tax Key No. 2174.143
NE 'A of Section 4
PETITIONER: Roy Smart
INTRODUCED: May 21,2002
LAST AGENDA NIA
PREPARED BY: Brian Turk
BACKGROUND PC 069-2002
Petitioner requests a determination of legal lot status to separate 2 parcels in the Jewel Crest Subdivision. A lot
split will result in two properties with an area of 8,100 square feet. Each parcel has a sufficient buildable area to
accommodate single-family residential development.
In October 2000, the Common Council approved Ordinance 1043 which placed "sunsel" provision for the Legal Lot
Status section oi Ch.18.23 of the Land Division Ordinance. This will prohibit such land divisions after December
31, 2002.
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PLAN CONSISTENCY PC 069-2002
Comprehensive Plan: The 2010 Plan indicates this area is slated for medium density residential
development. The proposal is consistent with the Plan. I r- Parcel is zoned RS-3lOLS, Suburban Residence District as modified by the
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Lakeshore Overlay District. This requires a minimum lot size of 10,000 SF and
an average lot width of 67' Currently, the parcel meets this requirement and is
Zoning: classified as legal conforming.
After division the parcels will have a lot size of 8,400 SF and an average lot
width of 50' The parcels will be classified as legal non-conforming.
No acquisitions are proposed in the area; the petition is consistent with the Park and Open Space Plan: 2o01~2005 Plan,
Conservation Plan: ?he plan does not identify the area for land management or acquisition. The
proposal is consistent with the Plan.
Street System Plan:
Jewel Crest has been previously dedicated consistent with the ultimate ROW
required by the 2010 Arterial Street and Highway System Plan. The proposal is
consistent with the Plan.
@/Utility Service Areas: Public sanitary sewer and private water serves the property. The proposal is
consistent with the Plan. !
STAFF DISCUSSION PC 069-2002
the four criteria found in Section 18.23:
In making a recommendation to the Common Council, the Code specifies four criteria. The following is a review of 0
Compatibility. The size, quality, and character of the vacant lot conform to the size, quality and character of
other existing lakeshore lots in the vicinity.
Single-family residential use would be compatible with the surroundings. In addition, the parcel sizes would be
similar to surrounding properties.
Sewase DisDOSal.
Sanitary sewer is available to serve the property.
Practicability. The economic and engineering practicability of any possible redivision.
numerous variances by the Zoning Board of Appeals. Such grant would need to include area, width, and open
Following grant of legal lot status, the re-division of the parcel would not be possible without the grant of
through re-division.
space requirements. Staff cannot envision a scenario where an additional buildable lot could be created
Hardship. The degree of practical hardship which may be imposed upon the owner.
This criteria is subjective. The degree of practical hardship on the owner is not determined.
If the Plan Commission and Common Council approve the legal lot status the petitioner should provide a Certified
Survey Map of the resulting properties. This has been included in the approving resolution.
STAFF RECOMMENDATION PC 069-2002
Approval is recommended for Resolution #PC 069-2002 subject to petitioner filing a Cerlified Survey Map
for the division of the properly.
RESOLUTION #P.C. 069-2002
RECOMMENDATION OF APPROVAL OF LEGAL LOT STATUS FOR THE PURPOSE OF ALLOWING
PETITIONER TO DIVIDE A LEGAL NON-CONFORMING VACANT LOT FROM AN ADJOINING LEGAL
NON-CONFORMING LOT AT W184 56668 JEWEL CREST DRIVE (TAX KEY NO. 2174.143)
WHEREAS, On May 7, 2002 a petition for legal lot status was submitted by Roy Smart for a lot adjacent
to W184 56668 Jewel Crest Drlve. and
WHEREAS, The proposed legal lot designation would deem buildable a parcel of land having 50 feet of
average lot width, a total size of approximately 8,100 square feet, and
WHEREAS, Said property is zoned RS-3/0LS Suburban Residence with a Lakeshore Overlay District,
requiring a minimum lot size of 10,000 square feet and an average minimum width of 67 feet, and said lot
does not appear to meet said minimum zoning requirements, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for medium density
residential development and this proposal is consistent with the plan, and
WHEREAS, City sewer service is available to the parcel, and
WHEREAS, Pursuant to the criteria of Section 18.23, adjacent and surrounding properties are similar in
would not have a negative effect on property values in the immediate area, and
lot width and square footage, and use of said lot in conformance with RS-3 I OLS uses permitted by right
WHEREAS, The Plan Commission determines that the property owner would incur a hardship if legal lot
status is not granted. - THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that
approval be granted for legal lot status in the Jewel Crest Subdivision citing that the subject lot is
compatible to adjacent properties, has sufflcient buildable area to accommodate a residence and has City
sewer available,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that a
new Certified Survey Map be provided to the City Plan Department within 90 days of Common Council's
grant of Legal Lot Status,
BE IT FURTHER RESOLVED, That the Plan Commission recommends to the Common Council that the
petitioner shall be required to either record easements for all structural encroachments, or shall remove
all structural encroachments in order to bring all structures into conformance with municipal setback and
offset requirements.
Plan Department
City of Muskego
Adopted: May 21,2002
Defeated
Deferred:
Introduced: May 21, 2002
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Attest: Sandi Asti, Recording Secretary