CUG212 Karfonta212
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in Section 9, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2195.026
4360239
REGISTER OF DEEDS
WAUKESHA
RECORDED NTYWI
ON
September 11, 2018 10:10 AM
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE:$0.00
Book Page
ilVI111IIIE,
Recording A, __
Vame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2195, 026
Parcel Identification Number (PIN)
e �(
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 2/96
Relates to
No. CUG 2 (1967) Conditional Use Grant Grant No. 212
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant. �--
THIS COVENANT, Made this �� day of Walpe,,ons
2018
By Mary Karfonta, Grantor, for the use and benefit of 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:
SPACE RESERVED FOR RECORDING DATA
FAX KEY NO.
195.026
KI 1 U KN l U:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SW 1/4 of Section°l, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2195.026,
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
212 was issued under date of August 7, 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 an addition under the "Reasonable Accommodations for the Disabled"
provision of the zoning code.,
In Witness Whereof, Grantors have hereunto set their hands and s�this �� day of i ' 1'� 2018.
SIGNED AND SEALED IN PRESENCE OF D
3`J
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, I�STRUMENt T WAS DR TED BY
�V AW , 6 4 (SEAL)
STATE OF W�SqONSIN)
)SS
WAUKESHA CO�(7 Personally came before me
this (71 day of 018, the above named foregoing
k'� to me known to be the persons who executed
the fo eg mg, instrument and acknowledged the same.
#1116tL u )
Notary Public, State of Wiscolrsi p^��
My Commission expires
r
ef
------------------------------------------------(SE
IL
STATE OF WISCONSIN) t6o
)SS
�ro
WAUKESHA COUNTY) Personally came before me
this day of , 2018, the above named foregoing
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, dratled such instrument, shall be printed, typewritten, stamped or written theron in a legible
manner.)
No. z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 212
Sees. 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 W15651 Janesville Road in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 9, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2195.026.
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
addition under the "Reasonable Accommodations for the Disabled" provision of the zoning code.
GRANTED by action of the Plan Commission of the City of Muslyego the 7th day of August 2018.
Attest:
-- -- --- --- - - ------------------------------(Seal)
Kathv Ch' erotti
ASN16t0lIt
---------------------------- -------------------- Title
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer Z
1
(City, Village, Town County) Clerk = _
ass � ^ �"••............. �•''� ��.
Original filed in the office of the Plan Commission of the City of Muskego. JE����,�°
Signed:K&W (AM, 11 '0nnnnt,tr�'"
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, building 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. 041-2018
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. 041-2018
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. 041-2018
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 acknowledgeq the _ day of 4 J'f2018.
----------- -- UL- -U .t -
C�
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 041-2018
APPROVAL OF A CONDITIONAL USE GRANT FOR A REASONABLE ACCOMMODATION
FOR THE DISABLED LOCATED AT W186 S7544 KINGSTON DRIVE
(TAX KEY NO. 2195.026)
WHEREAS, Plans were submitted by Joan Sweet of Sweet Designs, on behalf of Mary Karfonta,
for a Conditional Use Grant (CUG) for the allowance of a home/attached garage addition under
the "Reasonable Accommodations for the Disabled" provision of the Zoning Code at the property
located at W186 S7544 Kingston Drive / Tax Key No. 2195.026, and
WHEREAS, Said property is currently zoned RL-3 Lakeshore Residence District, and said use is
a permitted use by Conditional Use Grant, and
WHEREAS, Section 400-159G. of the Municipal Code governs "Reasonable Accommodations for
the Disabled" and that section can allow waivers to a dimensional/area zoning regulation to be
granted through a Conditional Use Grant to offer reasonable accommodations for a person with
disabilities, and
WHEREAS, The property owner has stated that her husband has medical issues and due to
these needs the current home does not safely and adequately meet his needs, and
WHEREAS, The property owner has also stated that her mother has medical issues and due to
these needs the current home does not safely and adequately meet her needs, and
WHEREAS, In order to make the home accommodating and safe for its residents that have
medical needs, the applicant is proposing to remove the existing detached garage and to add a
new handicap accessible single floor addition with a new attached garage, and
WHEREAS, The home addition would include two bedrooms, a bathroom, and a laundry area, all
of which would be accessed via the outside with flush entryways to improve accessibility, and
WHEREAS, The detached garage would be sized to accommodate an SUV and a mini -van, and
WHEREAS, The existing home and the detached garage are non -conforming due to their
locations, and
WHEREAS, The newly proposed addition to the home will be fully complaint with the required
setback/offsets, even though the existing home is not, and
WHEREAS, Since the existing home is non -conforming, the 50% rule applies to the cost of
materials of the addition and the applicant has stated that the proposed material costs of the
addition are within the 50% allowance, and
WHEREAS, The reason for the "Reasonable Accommodations for the Disabled" CUG is due to
open space concerns with the proposed addition, and
WHEREAS, As part of the new proposal, the owner is removing the existing asphalt driveway and
sidewalk and is going to be replacing them with a permeable material to try to be as complaint as
possible with the open space regulations, and
WHEREAS, With the permeable driveway/walkway, the property will consume 2,869 SF (32.6% of
the lot), which is 671 SF over the allowed limit of 2,198 SF (25% of the lot).
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a Reasonable Accommodations for the Disabled for a home/attached garage addition at
the property located at W 186 S7544 Kingston Drive / Tax Key No. 2195.026.
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: August 7, 2018
Defeated:
Deferred:
Introduced: August 7, 2018
ATTEST: Kellie McMullen, Recording Secretary