CUG211 Kurth ADA211
Conditional Use Grant
Document Number
Please see attached
Document Title
A parcel of land located in the SW % of Section 1, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2163.990
4347777
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
July 03, 2018 09:08 AM
James R Behrend
Register of Deeds
5 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
11111111'iiiiu
)cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
iuskego, WI 53150
2163.990
Parcel Identification Number (PIN)
This information must be completed by submitter: document title, name & return address, and PIN (if required). Other information such
as the granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the
document. Note: Use of this cover page adds one page to your document and $2.00 to the recording fee. Wisconsin Statutes, 59.517. WRDA 2196
Relates to
No. CUG 2 (1967) Conditional Use Grant Grant No. 211
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this day of, l 2018
By Darlene Kurth, Grantor, for the use and benefit of all persons from time to
time resident or owning property within the boundaries of the City of Muskego,
Waukesha County, Wisconsin, and for the use and benefit of the said City of
Muskego in its own right and as agent for the purpose of enforcing these presents
on behalf of the above described class of person, Grantees.
The premises affected by these presents (hereinafter called the Premises) are
the following described lands in Township 5 North. Range 20 East, in the County
of Waukesha and State of Wisconsin, to -wit:
FAX KEY NO.
? 163.990
Me
in: Planning Department
ty of Muskego
182 S8200 Racine Ave
iskego, WI 53150
A parcel of land located in the SW '/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2163.990,
Grantors warrant and covenant that at the time of the ensealing and delivery of these presents they are all of the owners of
the Premises and that no other person has any estate or interest therein except by reason of easements for public utilities, building
restriction, dedications to the public or public bodies, instruments not of record, and mortgages to bans, savings and loan
association or insurance companies.
Grantors represent that petition on their behalf was made to the City of Muskego pursuant to the Zoning Code of the said
City of Muskego, for grant of permission to erect and/or conduct on the Premises a use there permissible not by right but only by
Conditional Use Grant; that in connection therewith Grantors made certain representations and agreements as to the site, building
and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional agreements as to site,
building and operation plans which were incorporated into the Conditional Use Grant: that based thereon Conditional Use Grant No
211 was issued under date of June 5, 2018 and that a true copy thereof is on file with the Plan Commission of the City of
Muskego.
NOW, THEREFORE, Grantor hereby accept the said Conditional Use Grant and covenant strictly to comply with all of
the terms and conditions thereof. This covenant shall run with the land and shall be binding on the Grantors and all person claiming
any estate of interest in the Premises by, through or under the Grantors, as long as the said Premises are used as described in the
Conditional Use Grant for the purpose of allowing a deck within the front setback under the "Reasonable Accommodations
for the Disabled" provision of the zoning code. j
In Witness Whereof, Grantors have hereunto set their hands and ea this 22-- day of 2018.
SIGNED AND SEALED IN PRESENCE OFF
------------------------------- ---------------------(SEAL)
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of , 2012. President
and Secretary of the above name corporation
to me known to be such persons and officers who executed
foregoing instrument and acknowledged that they executed
same as such officers, by its authority, for the purposes
contained.
THIS IN TRUMENT WAS DRAFT D BY
IN
a"1��c_ A () l JC
-L (SEAL)
Darlene Kurth
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this _ day of 2018, the above named foregoing
Of L t i tte known to be the persons who executed
the f egomg instrument and acknowledged the same.
f )
-t` I if iA; -irk it A'
Notary Public, State of Wisco sib} {
My Commission expires � ` l t ' zo t �
STATE OF WISCONSIN)
- AL)
Q t
WAUKESHA COUNTY) Personall 4
this day of , 2018, the al
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary Public, State of Wisconsin
My Commission expires
(Section 59.51 (1) of the Wisconsin Statutes provides that all instruments to be recorded shall have plainly printed or typewritten theron the names of the grantors, grantees , witnesses and notary.
Section 59.513 similarly requires that the name of the person who, or governmental agency which, dratted such instrument, shall be printed, typewritten, stamped or written theron in a legible
manner.)
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 211
Secs. 62.23, 61.35, 60.74 and 59.97 Wis. Stats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at S69 W 15651 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in the SW '/4 of Section 1, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2163.990.
WHEREAS the Zoning Code and Zoning District Map of the above named municipality, pursuant to
State Statute, provide that the premises may not be used of right for the purpose hereinafter described but that
upon petition such use may be approved by the municipality as a Conditional Use Grant in particular
circumstances as defined by the standards in the Zoning Ordinance; and
Petition therefore having been made, and public hearing held thereon, and the Plan Commission of the
City of Muskego having determined that by reason of the particular nature, character and circumstances of the
proposed use, and of the specific and contemporary conditions, grant of such use upon the terms and conditions
hereinafter prescribed would be consistent with the requirements of the Zoning Ordinance:
Now, therefore, IT IS GRANTED, subject to compliance with the terms and conditions hereinafter
stated, that the Premises may be used as described in the Conditional Use Grant for the purpose of allowing a
deck within the front setback under the "Reasonable Accommodations for the Disabled" provision of the
zoning code.
GRANTED by action of the Plan Commission of the City of Muskego theJth day of October 2016.
Attest: --- --a?1 --- ---
�j eah
Kath Chiav�t�otti luiir111
---------------------=--------------= Title Mayor \. p� IYt ------------- Y
Sharon M(Mayor,
ueller Ma or, President, Chairman) � ` � �pO�T�•:;�C7
Title Clerk - Treasurer v0
(City, Village, Town County) Clerk
tJ t'
Original filed in the office of the Plan Commission of the Ci of Muskego.'�'ll,;`�} UhE`5\X'�```�
Signed:
The CONDITIONS of this Grant are:
1. This Grant shall become effective upon the execution and recording by the Owners of the Premises of an
acceptance hereof in such form as to constitute an effective covenant running with the land.
2. This Grant shall be void unless proper application, pursuant to the building and zoning codes of the
municipality, for appropriate Building, and Zoning Use and Occupancy Permits in conformity to this Grant,
is made within N/A months of the date hereof.
3. This Grant is subject to amendment and termination in accordance with the provisions of the Zoning Code
of this municipality.
4. Construction and operation of the use granted shall be in strict conformity to the approved site;; bAdi" g and
operation plans filed in connection with the Petition for this Grant, and annexed hereto.
5. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises
shall be made a part of their lease by the Owner, which shall contain provisions for posting of the pertinent
conditions to notify employees thereof.
NIEDECKEN 467N MILWAUKEE
(OVER)
6. Conditions on the Operations See attached Resolution #P.C. 035-2018
a. Hours of operation
b. Performance standards relating to noise, vibration, odor, smoke or dust:
c. Water supply requirements:
d. Provisions for sewage disposal:
e. Other:
17. Conditions on the Buildings See attached Resolution #P.C. 035-2018
a. Facade material of each building side:
b. Entrances, Design and Location
c. Signs attached to the Building, Location, Size, Design (including lighting):
d. Exterior Lighting of the Building:
e. Other:
18. Conditions on the Site See attached Resolution #P.C. 035-2018
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location an design):
d. Outside Storage of Materials, Products or Refuse (location and screening thereof):
e. Finish topography and building grades, retaining walls, storm water run-off:
f. Landscaping of the Site and Buildings (including plant types, size, spacing):
g. Pedestrian walkways, terraces, malls (location and design):
h. Signs (free standing) location, size, design (including lighting):
i. Exterior Lighting of the Site, location design and power:
j. Other:
Receipt of a True Copy of this instrument on behalf of the
petitioner acknowledged the day of AC , 2018.
y
------ --- -' '---- `= ULLL
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Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 035-2018
APPROVAL OF A CONDITIONAL USE GRANT FOR A REASONABLE ACCOMMODATION
FOR THE DISABLED LOCATED AT S70 W13749 TESS CORNERS DRIVE
(TAX KEY NO. 2163.990)
WHEREAS, Plans were submitted by Tim's Home Improvement, on behalf of Darlene Kurth, for a
Conditional Use Grant (CUG) for the allowance of a front deck into the front setback under the
"Reasonable Accommodations for the Disabled" provision of the Zoning Code at the property
located at S70 W13749 Tess Corners Drive / Tax Key No. 2163.990, and
WHEREAS, Said property is currently zoned RS-2 Suburban Residence District, and said use is a
permitted use by Conditional Use Grant, and
WHEREAS, Chapter 17, Section 14.03(7) governs "Reasonable Accommodations for the
Disabled" and that sections can allow waivers to a dimensional zoning regulation to be granted
through a Conditional Use Grant to offer reasonable accommodations for a person with
disabilities, and
WHEREAS, The applicant has stated that they have medical issues that require the use of
crutches and access to the current porch is difficult due to the step down and due to its small size,
and
WHEREAS, A new deck is proposed in front of this existing home, partially over the existing front
stoop, to allow safe access to a outdoor deck/porch area that is of an adequate enough size to
allow safe and practical use, and
WHEREAS, This property is typically required to have a front setback of 40 feet from the ultimate
right-of-way line and the proposed deck is seeking a setback of about 19 feet from the ultimate
right-of-way line, which is about 59 feet from the actual roadway edge, and
WHEREAS, The deck was designed to be level to the house to create a safe level transition from
the home and is designed at a size that will meet the applicant's needs for maneuverability, while
not being excessive in size.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for Reasonable Accommodations for the Disabled for a front deck to be built within the front
setback at the property located at S70 W13749 Tess Corners Drive / Tax Key No. 2163.990.
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the
medical need for the deck ceases, the front deck must be removed at that time and the
conditional use grant must be removed.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspects of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: June 5, 2018
Defeated:
Deferred:
Introduced: June 5, 2018
ATTEST: Kellie McMullen, Recording Secretary