PCR2004097RESOLUTION #P.C. 097-2004
RECOMMENDATION TO COMMON COUNCIL TO TERMINATE A CONDITIONAL USE
GRANT IN ACCORDANCE WITH SECTION 6.03(E) OF THE ZONING ORDINANCE
(TAX KEY NO. 2206.999)
WHEREAS, On August 25, 2004 a letter was received in the Plan Department stating
that the Conditional Use Grant for the property located at Tax Key Number 2206.999
may be terminated, and
WHEREAS, On March 17, 1987, a conditional use grant was approved by Plan
Commission to allow a sand and gravel extraction operation for the property identified as
Tax Key No. 2206.999, and
WHEREAS, On September 6, 1994, a conditional use grant amendment was approved
by Plan Commission to allow the sand and gravel operation while also allowing a
landscape business for the property identified as Tax Key No. 2206.999, and
WHEREAS, The use for the property is now solely used as residential based upon the
letter received in the Planning Department and upon a recent building permit issued for
the property for a residential accessory building, and
WHEREAS, Section 3.06(E) of the zoning ordinance states that, “Where a permitted
conditional use does not continue in conformity with the conditions of the original
approval, or where a change in the character of the surrounding area or of the use itself
causes it to be no longer compatible with surrounding areas, or for similar cause based
upon consideration for the public welfare the conditional use grant may be terminated by
action of the Common Council following referral to the Plan Commission for
recommendation, and public hearing thereon. Such use shall thereafter be classified as
legal nonconforming use, except that where the action is due to failure to comply with
the conditions of the conditional grant, the Common Council may require complete
termination of such use.”
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
to the Common Council that the Conditional Use Grant amended and approved by
Resolution #PC 170-94, for the property identified as Tax Key No. 2260.999 be
terminated.
BE IT FURTHER RESOLVED, That the Plan Commission recommends that this
Conditional Use Grant be terminated completely, without the subsequent reclassification
as a legal non-conforming use.
Plan Commission
City of Muskego
Adopted: September 7, 2004
Defeated:
Deferred:
Introduced: September 7, 2004
ATTEST: Sandi Asti, Recording Secretary