CUG 225 Recorded K( Wonderland 20230404225 Conditional Use Grant 4712589
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
Document Number
Document Title RECORDED ON
March 21 2023 09:04 AM
James R 6ehrend
Register of Deeds
6 PGS
TOTAL FEE: 30.00
Please see attached TRANS FEE : �0.00
Book Page —
A parcel of land located in Section 17, Town 5 North, II II III II II II I I I III
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2225.999.003
iecording Area
Vame and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2225.999.003
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 coverpage 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. 225
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this LLIday of k;W44-L',h_023
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
By Rachel Weiss, 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.
2225.999.003
KLIUKN 1U:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE 1/4 of Section 17, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2225.999.003.
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
225 was issued under date of February 7, 2023 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 daycare and boarding facility.
In Witness Whereof, Grantors have hereunto set their hands and seals this Z4* day of 'RW14(;" 2023.
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 INf TRUMF,NT WAS DRAFTED BY
91.J 1-la"L (SEAL)
- -- -- - ---- __4' Vl _=1./_L1__1-__1(SEAL)
Rachel Weiss (print name)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
thisa-LIi qay of f-e-b , 2023, the above named foregoing
to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
------ � ------------------------------
` r "Ck l u r-rC
Notary Public) State of Wisconsi �WUWa\fir,
My Commission expires 1 (� s O
s WENDY
%f ( AL �DLUND
STATE OF WISCONSIN) SS4,�hgj,
WAUKESHA COUNTY) Personally came before me
this day of 2022, 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 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 225
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 S81 W19079 Apollo Drive 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 2225.999.003.
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
dog daycare and boarding facility.
GRANTED by action of the Plan Commission of the City of Muskego the 711ay of February, 2023.
Attest: - -- ---- ----'-- -------------------- -------(Seal)
Richard P to fats r. yaaaaHIJ111
--- - - -- - ----- 40
0-------- Title Mayor
Kerrt Roller (Mayor, President, Chairman) o
Title Clerk RJTF
(City, Village, Town County) Clerk
Original filed in the office of the Plan Co missi of h ity of Muskego. ''1q�U�KE1��;,�`��,
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. 002-2023
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. 002-2023
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. 002-2023
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 t e zi day of e5S11 )LW2023.
------------- ----- ------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 002-2023
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT AND
CONDITIONAL USE GRANT FOR K9 WONDERLAND LLC.
LOCATED IN THE NE % OF SECTION 17
(TAX KEY NO. 2225.999.003 / S81 W19079 APOLLO DRIVE)
WHEREAS, A submittal was received for Building, Site and Operation Plan Amendment (BSO)
and Conditional Use Grant (CUG) for K9 Wonderland, LLC. located at S81 W19079 Apollo Drive /
Tax Key No. 2225.999.003, and
WHEREAS, The petitioner is proposing the existing building be utilized as an animal daycare,
overnight boarding and grooming facilty, and
WHEREAS, Within the M-2 Zoning District a Conditional Use Grant (CUG) is required for any
animal kennel uses, and
WHEREAS, The facility will house a maximum of 100 dogs during the day with a maximum of 20
dogs overnight, and
WHEREAS, The facility will be a year-round operation with regular hours from 6:00 AM to 6:00
PM with grooming from 8:00 AM to 5:00 PM Monday through Friday and Saturday's when
needed, and
WHEREAS, The 8,100 square foot space is will be set up to have the kennels around the exterior
walls with five separated indoor play areas and a grooming area, and
WHEREAS, There are 15 parking stalls available for this business of which six of the stalls will be
for staff, one for the shuttle and the remainder for customer drop off and pick up, and
WHEREAS, K9 Wonderland will also provide a shuttle to pick up and drop off dogs to and from
the owners' homes, and
WHEREAS, The shuttle bus will be stored outside in the furthest parking spot in the lot, and
WHEREAS, There is an overhead door where the shuttle would enter the building to load and
unload the dogs, and
WHEREAS, The petitioner is seeking approval for an outdoor play area measuring 20' x 24' for
the dogs that will have an astro-turf flooring that is cleaned daily surrounded by a chain link fence
with privacy slats, and
WHEREAS. To control the potential barking nuisance the petitioner takes smaller groupings of
dogs outside on a rotation -type basis with an employee outside with the dogs, 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 K9 Wonderland, LLC. at S81 W19079 Apollo
Drive / Tax Key No. 2225.999.003.
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, The fencing surrounding the outdoor area needs to be a solid
wood or vinyl/PVC type fence to keep up with the aesthetics of other new fenced areas in the
City.
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, Only a single shuttle bus is allowed to be parked overnight
outside, otherwise no other outside storage/display of any materials, vehicles, trailers, equipment
etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, If any exterior modifications are proposed, Plan Commission
approval is required.
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: February 7, 2023
Denied:
Deferred:
Introduced: February 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager