CUG218 Parikh Short Term Rental 20211213218
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in Section 32, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2287.012
4635356
REGISTER OF DEEDS
UPLIKESHA COUNTY , 61I
RECORDED ON
November 29, 2021 08:15 AN
James R Behrend
Register of Deeds
6 PG'S.
TOTAL FEE: 30.00
TRANS FEE 10 .00
Book Page 11P� 11111111 1111111
:cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2287.012
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. 218
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this 1 day of hub61— , 2021
By Miraj Parikh, 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.
7.287.012
RETURN TO:
Attn: Planning Department
City of Muskego
W 182 S8200 Racine Ave
WI 53150
A parcel of land located in the SW '/4 of Section 32, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2287.012.
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
218 was issued under date of June 1, 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 a vacation rental establishment/short term rental in the RL-2
Lakeshore Residence Zoning District. r
In Witness Whereof, Grantors have hereunto set their hands and seals this 1 ' 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
y
f 1- o(zO10 n) \-N C_ (SEAL)
--------Iil----------------------------(SEAL)
Mirai Parikh
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this 174' day of�, 202V, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged thPt;liv►����111j
JJ-------- -----
al ICK c� 0 Y P6, 11
I\ _ ---------------h---------
Notary Pub(i.0, State of )
My Commission expires
ED
WENDY
al kVREDLUND
-------------------------------------------------(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 (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 218
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 W200 S10783 East Shore Drive in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in Section 32, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2287.012.
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
vacation rental establishment/short term rental in the RL-2 Lakeshore Residence District.
GRANTED by action of the Plan Commission of the Ci Muske o the 1st day of June 2021.
1
Attest: -------------- ------ -- ---- -----------------------(Seal)
-7 Richard Petfalski,
- == --------j-- -=---------- Title Mayor
Sharon Mueller (Mayor, President, Chairman)
Title Clerk - Treasurer
(City, Village, Town County) Clerk n`vtSKEG"''//.,,
`.` C�`................. O
Original filed in the office of the Plan Co m ission the C'ty of Muskego. ? O::' QRpTE
Signed:
The CONDITIONS of this Grant are: wtAvCV`.``
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)
1 6. Conditions on the Operations See attached Amended Resolution #P.C. 032-2021
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:
17. Conditions on the Buildings See attached Amended Resolution #P.C. 032-2021
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:
18. Conditions on the Site See attached Amended Resolution #P.C. 032-2021
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 acknowledged he 11 day of bS)— 2021.
------------ ---------------------- --
- - ----------------------
t4 (Zo iC—
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION P.C. 032-2021
APPROVAL OF A CONDITIONAL USE GRANT FOR MIRAJ PARIKH
LOCATED AT W200 S10783 EAST SHORE DRIVE IN THE SW % OF SECTION 32
(TAX KEY NO. 2287.012)
WHEREAS, A submittal was received from Miraj Parikh for a Conditional Use Grant (CUG) at W200 S10783
East Shore Drive / Tax Key No. 2287.012, and
WHEREAS, The petitioner is requesting to be allowed to operate a short-term vacation rental establishment
from their home/property on the east shore of Lake Denoon, and
WHEREAS, The property consists of a single-family home in the center of the lot, a garage close to East Shore
Drive and a boathouse near the water, and
WHEREAS, The petitioner and family purchased the property in 2016 and used the property and lake regularly,
and
WHEREAS, Friends and relatives have used the property along with short term and long-term renters in the
past, and
WHEREAS, The property is currently zoned as RL-2 — Lakeshore Residence District, and
WHEREAS, Vacation rental establishments are permitted by Conditional Grant, and
WHEREAS, The applicant is in the process of obtaining the rooming house permits through the State of
Wisconsin, and
WHEREAS, The petitioner will track all guests via shared rental sites and the signed registration book will be
available for review by the City as needed and said register must documenting the actual names and address
of all guests, and
WHEREAS, The petitioner has explained that there is at least one improved parking stall for every guest
bedroom, address numbers .posted on the house, clearly delineated property lines via fences or vegetation and
having proper/adequate sewer facilities, and
WHEREAS, The petitioner states that only small families will be allowed and the 3 bedroom / 3,000 square foot
house can accommodate 6 adults in the bedrooms and up to 6 more adults in the upstairs bonus room and
common areas, but the intention is to limit the groups to no larger than 8, and
WHEREAS, There are not any approved short-term or vacation rental properties or bed -and -breakfast
businesses on Lake Denoon, and
WHEREAS, Long term rentals, or people leasing or renting their property for one month or more at a time, are
allowed without any approvals by the City, and
WHEREAS, Pursuant to state law, the City of Muskego is prohibited from enacting or enforcing an ordinance
that prohibits the rental of a residential dwelling for seven consecutive days or longer, and
WHEREAS, For rentals of seven consecutive days or longer the City may require a permit, which in this case is
the Conditional Use Grant with reasonable and measurable conditions, may impose a tax on the rental activity
and may limit the total number of days to no fewer than 180 days.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Miraj
Parikh for the allowance of a short-term vacation rental establishment subject to the contingencies listed below.
BE IT FURTHER RESOLVED, That a copy of all required state approvals needed for rooming house permits
be submitted to the City prior to renting or leasing the home.
BE IT FURTHER RESOLVED, That a survey must be provided to the City for approval illustrating and detailing
the additional physical means that will used to delineate the property lines more clearly, such as vegetation
and/or fencing
BE IT FURTHER RESOLVED, All guest sleeping quarters are limited to the primary structure on the property
and no sleeping in the garage, boathouse, camper, vehicle or tent be allowed.
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, A copy of Department of Agriculture, Trade and Consumer Protection (DATCP)
license must be provided to city prior to renting or leasing the property.
BE IT FURTHER RESOLVED, Proper state sales and use taxes must be collected and forwarded to the
Wisconsin Department of Revenue and/or any other taxing agencies.
BE IT FURTHER RESOLVED, If rooming/lodging tax is established by the City of Muskego, this property as a
vacation rental would be subject to said tax.
BE IT FURTHER RESOLVED, An annual feview re -approval of this Conditional Use Grant should be
conducted apAviattyL-with a Public Hearing to ensure compliance is being maintained as it relates to all City
and State codes and as it relates to this approval Resolution.
BE IT FURTHER RESOLVED, A six-month review of this Conditional Use Grant should be conducted to
ensure compliance is being maintained as it relates to all City and State codes and as it relates to this
approval Resolution.
BE IT FURTHER RESOLVED, That the minimum term of rental frequency shall not be more than one
rental every seven days.
BE IT FURTHER RESOLVED, In the event that issues arise resulting in two police calls with citations for
ordinance violations on the property, the owner shall come before the Plan Commission for possible
revocation hearing.
BE IT FURHTER RESOLVED, The petitioner shall provide a phone number for themselves or an agent
that will be able to respond to the renters within thirty (30) minutes.
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: June 1, 2021
Defeated:
Deferred:
Introduced: June 1, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager