CUG215 Balcerzak215 11 Conditional Use Grant 11 4451430
Document Number
Please see attached
Document Title
A parcel of land located in Section 1, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2162.994
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
February 03, 2020 09:13 AN
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE:$0.00
nluuiiAi
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2162.994
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 2/96
Relates to
No. CUG 2 (1967) Conditional Use Grant Grant No. 215
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this '2_'2-- day of 2019
By Balcerzak Adventures, LLC, 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:
TAX KEY NO.
2162.994
RETURN TO:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NW '/4 of Section 1, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2162.994,
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
215 was issued under date of December 3, 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 residential quarters on the same property as a business use.
In Witness Whereof, Grantors have hereunto set their hands and seals this Z? day of ;>\vc tr ', 2019.
SIGNED AND SEALED IN PRESENCE OF
CORPORATION
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before
me this day of 12012. 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. n
THIS MIST �Nf£NT WAS DRAFTED BY
(SEAL)
��11
'mot
-Lv---1 --- �------`�== ------=--------(SEAL)
Balcerzak Adventures, LLC.
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this ata day of 3 C^ 203D, the above named foregoing
N & v% (,t t' '1 a own to be the persons who executed
the foregoing instrument and acknowledged the same.
Notary 4t�ttpp consin o 3 My CogFr►� "�i 'WI 5�I
* (WENDY
FREDLUND
rl�c
STATE Oh"WiSCUAiM)
)SS
WAUKESHA COUNTY) Personally came before me
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) 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, 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 215
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 S64 W13896 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 1, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2162.994.
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
residential quarters on the same property as a business use.
GRANTED by action of the Plan Commission of the City of Muskego the
Attest:
Sharon Mueller
Title Clerk - Treasurer
( I Village, Town County) Clerk
Title -Mayor
(Mayor, President, Chairman)
day of December 2019.
Seal)
rAUSK�.... �
ti Q�RAiF ;
Of `004
r �
Original filed in the office of the Plan Commission of th City of Muskego. ��'�•,,� �VAU��`�`�\
!!�Nl1111161ti\\\\\
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, 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. 070-2019
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:
17. Conditions on the Buildings See attached Resolution #P.C. 070-2019
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. 070-2019
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 the ZZ day of _T � "c` r , 2019.
------,'y= -"- =` �-------------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION P.C. 070-2019
APPROVAL OF A CONDITIONAL USE GRANT FOR BILL & JENNIFER BALCERZAK
LOCATED AT S64 W13896 JANESVILLE ROAD IN THE NW % OF SECTION 1
(TAX KEY NO. 2162.994)
WHEREAS, A submittal was received from Bill & Jennifer Balcerzak for a Conditional Use Grant at S64
W13896 Janesville Road / Tax Key No. 2162.994, and
WHEREAS, The parcel contains an existing house along with two additional commercial buildings, and
WHEREAS, The petitioner, Bill & Jennifer Balcerzak, is now requesting to be allowed a residential use to
occur on the same property as the commercial use(s), and
WHEREAS, The two additional commercial buildings, on the same property as the residential house, will
continue to be used for commercial uses, and
WHEREAS, The property is currently zoned as B-2 - Local Service Center District, and
WHEREAS, Residential quarters are permitted by Conditional Grant when located in the same building as the
business in the B-2 District and this request includes a slight variation allowing a residence on the same
property as the business uses, and
WHEREAS, The residential use/home has existed on the property long before the business uses where
present (built in the 1950's), and
WHEREAS, The proposed residential use is no longer a legal non -conforming use since the home was
vacant and not used as a residence for more than the past twelve months, and
WHEREAS, This grant would also allow the future possibility of a business to operate out the home, along
with the residential quarters, subject to City approvals.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Bill
& Jennifer Balcerzak for the allowance of a residential use on the same property as a business and the
possibility of business operations within the residence itself, subject to the contingencies listed below.
BE IT FURTHER RESOLVED, That a Business, Site and Operations Plan and/or Business Registration is
required for the commercial use prior to a residential use being approved in the existing home.
BE IT FURTHER RESOLVED, That at least two (2) parking stalls for the residential use be separate from
the required business parking on site.
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, 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
December 3, 2019
December 3, 2019
Adam Trzebiatowski AICP, Planning Manager