CUG217 WiscoCarts&MilwaukeeCamperRental217
Conditional Use Grant
4559118
Document Number
Please see attached
Document Title
A parcel of land located in Section 17, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2225.984
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
February 22, 2021 12:40 PIN
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE: 30.00
TRANS FEE 40 .00
Book 111111`ui��
ecording Area
ame and Return Address:
,ity of Muskego
�ttn: Planning Department
'.O. Box 749
luskego, WI 53150
2225.984
Parcel Identification Number (PIN)
This information must be completed by submitter: document title, name & return address, and PIN (ifrequired). 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. 217
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this day of , 2021
By Steve Ziegler, 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.
2225.984
KE I U KN TO:
Attn: Planning Department
City of Muskego
W 182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE '/4 of Section 17, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2225.984.
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
217 was issued under date of February 2, 2021 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 the sale and service of new and used golf carts and camper rental
in the B-3 General Business Zoning District. y
In Witness Whereof, Grantors have hereunto set their hands and seals this �l day of 2021
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.
THIS INSTRUMENT WAS DRAFTED BY
6600 tj F1i1y-k - (SEAL)
--`--`---------- -------- --(SEAL)
Steve Ziegler
STATE OF WISCONSIN)
)SS
WAUKE$BA COUNTY) Personally came before me
this L L,'-day of 1 %� (YAM tie above named foregoing
to me known to be the persons who executed
the foregoing instrument a�iedged the same.
it S �i y��tc Ply PU71111t _
Notary Public, S
My Commission
E
l 0F wls�°`
------------------------------------------------- (SEAL)
STATE OF WISCONSIN)
)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 (])of the Wisconsin Statutes provides that all instruments to be recorded shall have plainly printed or typewritten theron the names oft he 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 217
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 S80 W19025 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 17, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2225.984.
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
the sale and service of new and used golf carts and camper rental in the B-3 General Business Zoning
District.
GRANTED by action of the Plan Commission of the City oaf Mjuskeggo tthe 2nd day of February 2021.
Attest:
i
i yam. ..17
Sharon Mueller
Title Clerk - Treasurer
(City, Village, Town County) Clerk
-- =-----`"-i---i&a')
WAv�`\``
Original filed in the office of the Plan Co mis 'o o the City of Muskego. '''"n,,,,,,,,VA0
Signed:
h ft(l-J N �1oT:iL-
The CONDITIONS of this Grant are:
Title Mayor
(Mayor, President, Chairman)
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.
I 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. 001-2021
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. 001-2021
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:
8. Conditions on the Site See attached Resolution #P.C. 001-2021
a. Street Access (number, location, design):
b. Off -Street Parking (location and design including screening thereof):
c. Loading and Service Areas (location and 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 acknowledge the 1"- day of FVIIW, 2021.
------------ - ----- - -- -
- - -- ---------------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION #P.C. 001-2021
RECOMMENDATION TO COMMON COUNCIL FOR REZONING, APPROVAL OF A BUILDING
SITE AND OPERATION PLAN AMENDMENT AND CONDITIONAL USE GRANT FOR
WISCO CARTS & MILWAUKEE CAMPER RENTAL LOCATED IN THE NE % OF SECTION 17
(TAX KEY NO. 2225.984 / S80 W19025 JANESVILLE ROAD)
WHEREAS, A submittal was received from Wisco Carts & Milwaukee Camper Rental for a
Rezoning, Building, Site and Operation (BSO) Plan and Conditional Use Grant (CUG) located at
S90 W19025 Janesville Road / Tax Key No. 2225.984, and
WHEREAS, The petitioner is requesting a recommendation for rezoning, BSO approval and CUG
approval for a business along Janesville Road, and
WHEREAS, Rezoning from B-2 Local Service Center District to B-3 General Business District is
needed as golf carts would be considered vehicles where sales and service would be allowed
pending the CUG approval, and
WHEREAS, The 2020 Comprehensive Plan identifies this area as commercial uses and no
Comprehensive Plan change is required as part of this rezoning, and
WHEREAS, Access to the business is directly from Janesville Road with three customer parking
stalls in front between Janesville Road and the building with four additional spaces toward the
rear of the building, and
WHEREAS, There still needs to be a 24-foot drive aisle kept open and free from any campers
and/or golf carts, and
WHEREAS, All camper and golf cart loading and unloading will take place near the rear of the
business, and
WHEREAS, Golf cart accessories and the web -based part sales will be housed in the front of the
building, or showroom area, and
WHEREAS, The detached garage will be the location of the golf cart repairs and services, and
WHEREAS, The campers would be stored on the area shown between the existing building and
the detached garage that has limestone traffic bond laid down to provide additional
parking/storage area, and
WHEREAS, There is a concrete area in front of the main building that is proposed to be used for
the display of gold carts, only during business hours, and outside of business hours all gold carts
must be stored indoors.
WHEREAS, Other than as specifically noted above, no outdoor storage is proposed for any parts
or products, therefore all storage of parts and products must be stored indoor, and
WHEREAS, There will be no outside storage or display of wrecked or non -movable or non -
operable golf carts, and
WHEREAS, The hours of operation are to be from 9:00 AM to 6:00 PM Monday through Friday
and 8:00 AM — 2:00 PM on Saturday and closed on Sunday, and
WHEREAS. No new lighting or signage has been proposed at this time, and
WHEREAS, Future expansion for golf cart and camper storage behind the detached garage may
be needed pending future business needs.
THEREFORE BE IT RESOLVED, The Plan Commission recommends the Common Council
approve the rezoning from B-2 Local Service Center District to B-3 General Business District and
approves of a Building, Site and Operation Plan and Conditional Use Grant for Wisco Carts &
Milwaukee Camper Rental at S80 W19025 Janesville Road / Tax Key No. 2225.984.
BE IT FURTHER RESOLVED, An annual review should occur for this property/business in
2022 to review overall operations and the Plan Commission can determine at that time if
said annual review will continue to be needed.
BE IT FURTHER RESOLVED, A maximum of six golf carts can be displayed in the designated
display area.
BE IT FURTHER RESOLVED, Each of the golf carts displayed in front of the building in the area
identified for display will be moved back into the garage at the close of business each day.
BE IT FURTHER RESOLVED, All loading and unloading of the golf carts will take place near the
rear of the business.
BE IT FURTHER RESOLVED, At no time should parts or wrecked or non -movable or non -
operable golf carts be stored outside.
BE IT FURTHER RESOLVED, The GampeF StGFage area must be surfaGed with ronczrete Aar
as
BE IT FURTHER RESOLVED, All parking in the drive aisle is prohibited in order to maintain a
clear width of at least 24 feet.
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, Signage and banners displayed on vehicles/golf carts/campers for
sale is prohibited, except for any vehicle disclosure information that must be visible as required by
State Law.
BE IT FURTHER RESOLVED, That all bollards must be colored to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be placed permanently in the
ground or mounted to the building.
BE IT FURTHER RESOLVED, Any building or site signage (temporary or permanent) will require
further review and approvals.
BE IT FURTHER RESOLVED, Any additional outdoor display or storage/parking areas will
require separate Plan Commission re -review.
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.
Plan Commission
City of Muskego
Adopted:
February 2, 2021
Denied:
Deferred:
Introduced:
February 2, 2021
ATTEST:
Adam Trzebiatowski, Planning Manager