CUG220 Colts Canine 20220121220
Document Number
Please see attached
Conditional Use Grant
Document Title
A parcel of land located in Section 16, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2223.001
4644938
REGISTGR OF DEEDS
11AUKESHA COUNTY, WI
RECORMED ON
January 10, 2022 1'i:IS A;
James R B_hrend
Register of Deeds
E PGS
TOTAL FEE: 30.00
TRANS FEE 10 .00
Book Page --
RecordingArea
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2223.001
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. 220
Acceptance of Conditions of Conditional Use Grant.
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
THIS COVENANT, Made this Zc6 day of DRtm4L-2021
By Kerry Schnick of Colt's Canine Club, 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.
2223.001
RETURN TO:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SW '/4 of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2223.001.
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
220 was issued under date of December 7, 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 dog kennel in the M-2 General Industrial Zoning District.
In Witness Whereof, Grantors have hereunto set their hands and seals this day of 6E[C=vni3, 2021.
SIGNED AND SEALED IN PRESENCE OF
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 INSTRUMENT WAS DRAFTED BY
fl Q0)J SIR 11 L (SEAL)
��- ---------= ----"- `-L4��L....�.----------(SEAL)
KerryzSelinick
STATE OF WISCONSIN)
)SS
WAUK45HA COUNTY) Personally came before me
this 28 day of f,C—, 2021, the above n `>
V,Cfr\I Sche\Ic k to me known to be the fi e��rtl�a!(�
the foregoing instrument and acknowledges ame. /0 lyj
------ --- `-'-------------------------- -*- WENDY
Lo "V7Y-,�,Ck� L V� FREDLUND
Notary PuWA,State of Wiscon in �/� cPl ;
My Commission expires Q
hLk.
-------------------------------------------------------(SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this day of , 2021, 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 220
Sees. 62.23, 61.35, 60.74 and 59.97 Wis. Slats.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at S83 W18430 Saturn Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 16, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2223.001.
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 a
dog kennel in the M-2 General Industrial District.
GRANTED by action of the Plan Commission of the City of Muskego the Ill' day of December 2021.
Attest: �-g --------- - ----------------------------(Seal)
Richard Petfalski, Jr.
-------------------- - ;-------------------------- Title Mayor
Sharon Mueller / (Mayor, President, Chairman) �\\�\( OF
Title Clerk - Treasurer
(City, Village, Town County) Clerk i,(; /
l\\ _
Original filed in the office of the Plan Com issio ovity of Muskego.':,,"/,;`-
s
%�kESH P
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 Amended Resolution #P.C. 067-2021
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 Amended Resolution #P.C. 067-2021
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 Amended Resolution #P.C. 067-2021
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 the 7, day of ���.2021.
----------------Im ------- - -
- -- --------------------------------
1i Ih Q u 4 f 0 fi L--
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit "
RESOLUTION #P.C. 067-2021
APPROVAL OF A CONDITIONAL USE GRANT FOR COLT'S CANINE CLUB, LLC. LOCATED
IN THE SW % OF SECTION 16
(TAX KEY NO. 2223.001 / S83 W18430 SATURN DRIVE)
WHEREAS, A submittal was received for Conditional Use Grant (CUG) for Colt's Canine Club,
LLC. located at S83 W18430 Saturn Drive / Tax Key No. 2223.001. and
WHEREAS, The petitioner is proposing that two units within the existing building be utilized as an
animal kennel for training and overnight boarding, and
WHEREAS, The building currently houses multiple users including Colt's Canine Club and the
empty tenant space that may be occupied by Colt's Canine Club, and
WHEREAS, Within the M-2 Zoning District a Conditional Use Grant (CUG) is required for any
animal kennel, and
WHEREAS, The facility will be a dog training facility training basic obedience with light agility
along with limited dog boarding overnight, and
WHEREAS, If the petitioner is able to secure a lease for the second unit there would be a
maximum of 24 dogs (20 in one unit and 4 in the other) overnight, and
WHEREAS, If the petitioner is limited to only the existing unit there would be a maximum of 15
dogs overnight, and
WHEREAS, The training portion of the facility will be a year-round operation from 8:30 AM to 9:30
PM daily, and
WHEREAS, Customer and employee parking will be located in the existing parking stalls in front
of the business, and
WHEREAS, The petitioner is seeking approval for two possible fenced areas for the animals to
relieve themselves located behind the building and along with western side of the building, and
WHEREAS, Both fences are proposed as a six-foot wood privacy fences, and
WHEREAS, The fences remain outside of the full width of a two-way drive aisle (24-feet), and
WHEREAS. There are no other exterior changes to the building, lighting or signage proposed.
THEREFORE BE IT RESOLVED, The Plan Commission approves Conditional Use Grant and
Building. Site and Operation Plan Amendment for Colt' s Canine Club at S83 W18430 Saturn
Drive / Tax Key No. 2223.001.
BE IT FURTHER RESOLVED, If parking becomes an issue in the future, the petitioner will be
required to come back to the Plan Commission with a plan to correct the parking situation.
BE IT FURTHER RESOLVED, If any noise and/or smell concern arise from these proposed uses,
staff would notify the owner to attempt to rectify said issues and if there are still concerns after
that, then the petitioner will be required to come back to the Plan Commission with a plan to
correct any noise and/or smell issues.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, vehicles,
trailers, equipment etc. is allowed on site at any time and no outdoor training activities/equipment
are proposed or approved on site at this time.
BE IT FURTHER RESOLVED, If any exterior modifications are proposed, Plan Commission
approval is required.
BE IT FURTHER RESOLVED, A separate Zoning Permit will be required prior to the installation
of any fencing to ensure the fences remain outside of the full width of a two-way drive aisle (24-
feet).
BE IT FURTHER RESOLVED, If any lighting or signage is requested in the future appropriate
permits will be needed from the City and any new/altered exterior lighting (wall mounted, structure
mounted, and/or pole mounted) must meet all City required lighting specs, including all fixtures
being full cut-off with zero degree tilt.
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: December 7, 2021
Denied:
Deferred:
Introduced: December 7, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager