CUG214 Elegant Auto214 Conditional Use Grant 4447012
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
Document Number Document Title RECORDED ON
January 10, 2020 12:30 PIN
Jamee R Behrend
Register of Deeds
6 PGS
Please see attached TOTAL FEE:$30.00
TRANS FEE: 0.00
-
A parcel of land located in Section 25, Town 5 North, Book PageII I I I i I I II II I I I I II
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2257.973.001
ecording Area
ame and Return Address:
,ity of Muskego
&n: Planning Department
'.O. Box 749
luskego, WI 53150
2257.973.001
Parcel Identification Number (PIN)
30160 msKe,
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 he placed on this first page of the document or may he 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. 214
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this 0 day of N b 4 , 2019
By Chad Roider, 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.
1257.973.001
ro:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE 'A of Section 25, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2257.973.001.
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
214 was issued under date of May 7, 2019 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 auto service and sales facility. A
In Witness Whereof, Grantors have hereunto set their hands and seals this day of N 0y 2019.
SIGNED AND SEALED IN PRESENCE OF f
-----------------------------------------------(SEAL)
Chad Roider
-------------------------------------------------------------) STATE OF WISCONSIN)
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 12019. 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 INSTRUMENT WAS DRAFTED BY
6000'1 FO (+L (SEAL)
)SS
WAUKESHA COUNTY) Personally came before me
this 1 day of Nb\J, 2019, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
------------------- - --- -------------------
�r�2ol
Notary PubliCYtate of Wisconsin
My Commission expires to s I a 3
*((ENDY ) *
DLUND
STATE OF WISCONSIN)
WAUKESHA COUNTY) Personally c.tom
this day of , 2019, 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) oft he 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 oft he person who, or governmental agency which, drafted such instrument, shall be printed, typewritten, stamped or written theron in a legible
manner.)
No. Z CUG 1 (1967) CONDITIONAL USE GRANT Grant Number 214
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 S98 W12540 Loomis Court in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 25, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2257.973.001.
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 an
auto service and sales facility.
GRANTED by action of the Plan Commission of the City of Musljegq the 7th day of May 2019.
Attest:
eal)
=? at i i averotti
unn
ac' -�
--------------- ---------------LC- t ------------------------ Title Mayor
Sharon Mueller %,/y, , Chairman) RATE Title Clerk - Treasurer ' �' R2
(City, Village, Town County) Clerk — U .'
Original filed in the office of the Plan Commi ><on o he of Muske o.,,, �� """"'v`\����
Signed: fill
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. 024-2019
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:
7. Conditions on the Buildings See attached Resolution #P.C. 024-2019
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. 024-2019
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 e day of //Wtt h5 9.
-------------"mil ll��--------------------------
%_i�'a,v'
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION P.C. 024-2019
APPROVAL OF A CONDITIONAL USE GRANT FOR ELEGANT AUTO SALES AND SERVICES
LOCATED ON THE GEORGE ALEX AND ROBERT JACOB PROPERTY
LOCATED IN THE NE % SECTION 25
(TAX KEY NO. 2257.973.001)
WHEREAS, A submittal was received from Elegant Auto Sales and Services for a Conditional Use Grant
at S98 W12575 Loomis Court / (Tax Key No. 2257.973.001), and
WHEREAS, The parcel contains a Conditional Use Grant and Building, Site and Operation plans that were
adopted by the Plan Commission for a mini -storage warehouse building with office space (southern
building) and for a building with mini -storage warehouses and previous auto repair businesses (northern
and southern buildings) for the property located on Loomis Court and on North Cape Road (USH 45) for
George Alex and Robert Jacob, under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005,
and #P.C. 025-2007, and
WHEREAS, The petitioner, Chad Roider of Elegant Auto Sales and Services, is now requesting to be
allowed auto sales on site and to be allowed auto repair to occur within the northern building, and
WHEREAS, The proposed new auto repair is specifically related to the repair and prep of vehicles that are
going to be sold, and
WHEREAS, Relating to the auto sales, the parking areas on the northern portion of the site can contain no
more than six (6) vehicles for sale at any one time and the location of these vehicles cannot interfere with
any other businesses/parking on site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for
Chad Roider, of Elegant Auto Sales and Services, to the George Alex and Robert Jacob property subject
to the contingencies listed below.
BE IT FURTHER RESOLVED, That no more than six (6) vehicles for sale are allowed outdoors on this
property north of the northern building, and all sale vehicles must be in marked and approved stalls and
the location of these vehicles cannot interfere with any other businesses/parking on site.
BE IT FURTHER RESOLVED, That the allowance of auto repair within the northern building is only
allowable in association with the sale of vehicles from this building and if the vehicle sales cease
operations, then said repair use is no longer allowable in the northern building.
BE IT FURTHER RESOLVED, If any parking stall markings are non-existent or warn -out, they must be
repainted prior to sales occurring.
BE IT FURTHER RESOLVED, That all vehicles parked/stored on site must be within marked and
approved stalls.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will
need approvals from the Planning Division before any lighting changes can be made and all City required
lighting specs must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited, except
for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
BE IT FURTHER RESOLVED, That the previous annual review for this site still remains in effect
BE IT FURTHER RESOLVED, All aspects of previous regulations and conditions of approval for this site
are all still in effect.
BE IT FURTHER RESOLVED, Before any auto sales can occur at/from this site, a proper State dealer
license for this facility must be granted.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan
shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, 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.
Adopted:
Defeated:
Deferred:
Introduced
ATTEST:
Plan Commission
City of Muskego
May 7, 2019
May 7, 2019
Adam Trzebiatowski, Planning Manager