PCR2004110RESOLUTION #P.C. 110-2004
RECOMMENDATION OF APPROVAL TO REZONE THE WADE PROPERTY FOM
RS-3/OOS SUBURBAN RESIDENCE AND OFFICE AND SPECIAL SERVICE
OVERLAY DISTRICT WITH SPECIAL CONDITIONS TO RS-3/OOS SUBURBAN
RESIDENCE AND OFFICE AND SPECIAL SERVICE OVERLAY DISTRICT
LOCATED IN THE SW ¼ OF SECTION 9
(TAX KEY No. 2195.058/ JANESVILLE ROAD)
WHEREAS, On October 20, 2004 a petition for rezoning was submitted by Greg and Pat
Wade to rezone the Wade property from RS-3/OOS Suburban Residence District with an
Office and Special Service Overlay District with special conditions to RS-3/OOS
Suburban Residence District with an Office and Special Service Overlay District, and
WHEREAS, A Public Hearing for the rezoning has been scheduled before the Common
Council on October 26, 2004, and
WHEREAS, The petition would remove a special condition that was put on the property
by Council Ordinance #472 that stated that the rezoning to RS-3/OOS is granted,
however a warranty deed would have to be recorded by the property owners stating that
the use of the property could only be used for a residence, antique shop, and/or a styling
salon, and
WHEREAS, The practice of deeded special conditions within zoning districts is not
recommended by the City’s legal council, and
WHEREAS, The 2010 Comprehensive Plan depicts the property for residential use
consistent with the RS-2 and RS-3 zoning districts, and this proposal is consistent with
this goal, and
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
approval to the Common Council for the rezoning of the Wade property identified by Tax
Key Number 2195.058 from RS-3/OOS Suburban Residence District with an Office and
Special Service Overlay District with special conditions to RS-3/OOS Suburban
Residence District with an Office and Special Service Overlay District.
BE IT FURTHER RESOLVED, That the Plan Commission waives the special conditions
once imposed on the property and all uses associated with the RS-3/OOS zoning districts
will be allowed.
Plan Commission
City of Muskego
Adopted: October 19, 2004
Defeated:
Deferred:
Introduced: October 19, 2004
ATTEST: Sandi Asti, Recording Secretary