CUG 224 Recorded North Cape Storage 20230404224 11 Conditional Use Grant
Document Number II Document Title
Please see attached
A parcel of land located in Section 25, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2259.981.002
4712600
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
March 21 2023 09:31 AM
James R 6ehrend
Register of Deeds
7 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Book Page
:cording Area
ime and Return Address:
ity of Muskego
ttn: Planning Department
.O. Box 749
luskego, WI 53150
2259.981.002
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. 224
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
pr
THIS COVENANT, Made this day off'f WI , 2021
By Robert and Christine Arend, North Cape Real Estate, 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:
THIS SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
2259.981.002
RE I URN TO:
Attn: Planning Department
City of Muskego
W 182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the SE '/4 of Section 25, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2259.981.002,
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
224 was issued under date of June 7, 2022 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 mini warehouses in the B-4 High }v�a� Business Zoning District.
In Witness Whereof, Grantors have hereunto set their hands and se this ((�D da. of �-� 2023.
SIGNED AND SEALED IN PRESENCE OF
t -
----- ---------------------(SEAL)
Ro ertArend, North Ca e Real Estate, LLC.
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
Ale'd nr691t-(_ (SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before,, .
thi4 ay of �'_ 2023, the above natr d ragpa s el
me known to be the person,BVo�'� /C
the foregoing instrument and acknowledged i e.
--��- }l _ • 1
v rP
Notary Public, State of Wisc nsia =
My Commission expires ate° ' S• t SC
OF
----------------(SEAL)
Christine Arend, North Cape Real Estate, LLC.
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY,) Personally came before
this day of �2023, the above named f�ebift ''C i"
to me known to be the persons who executed w �`'� �°"'�:.
th �or' oing instrument and ac o ledged the
r "k
rr
1` A 15
Notary Public, State of Wisconsin _ L�
My Commission expires(°6►,
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(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 224
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 W124 S9996 North Cape Road in Township 5 North, Range 20 East, Waukesha County, State of
Wisconsin,
further described as follows:
A parcel of land located in Section 25, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2259.981.002.
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
mini warehouses in the B-4 Highway Business Zoning District.
GRANTED by action of the Plan Commission of the City of Muskego the 7"' day of June 2022.
Attest:
------ - - ----- --- -------------------------(Seal)
Richar etfalski, ````00%1�1li�11114�'
--- - -- ----- ---- -------------- Title Mayor % o . , mug"',
Kerrl 011er (Mayor, President, Chairman)\��V��' �`•ti�C���
Title Clerk Z
j GpRPO�T ::O
L5Lr,1 L,
(City, Village, Town County) Clerk
iz
•� r �
Original filed in the office of the Plan Co issi n of he City of Muskeg$'"OOKESN��l
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. 038-2022
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. 038-2022
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. 038-2022
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 ;�day of � (, 2023.
--------------1-----------------------------------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
AMENDED
RESOLUTION #P.C. 038-2022
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AND
CONDITIONAL USE GRANT FOR NORTH CAPE REAL ESTATE LLC.
LOCATED IN THE SE % OF SECTION 25
(TAX KEY NO. 2259.981.002 / NORTH CAPE ROAD)
WHEREAS, A submittal was received from Robert & Christine Arend of North Cape Real Estate,
LLC. for approval of a Building, Site, and Operation Plan and Conditional Use Grant for an indoor
mini -storage use within a series of five secure and fenced buildings located along the southern
end of North Cape Road (Tax Key No. 2259.981.002), and
WHEREAS, The property is zoned B-4 Highway Business District and the use is permitted within
the B-4 District subject to Building, Site and Operation Plan and Conditional Use Grant approval,
and
WHEREAS, The 2020 Plan depicts the property as Commercial uses and the proposal is
consistent with the Plan, and
WHEREAS, The applicant is proposing to build a total of five (5) new self -storage buildings
housing 109 individual units of varying sizes totaling 28,760 square feet, and
WHEREAS, Operations for the storage facility will be handled from the existing office at the
neighboring Loomis Court Storage Facility which is under the same ownership, and
WHEREAS, Office hours of the business are proposed as Monday through Friday 8:00 am — 4:00
PM and Saturdays by appointment, while the storage units will be available from 6:00 am — 9:00
pm daily, and
WHEREAS, This property is governed by the Durham Hill Design Guide and the General Design
Guide, and
WHEREAS, The General Design guide requires 50 percent masonry and four-sided architecture,
and
WHEREAS, The building facades that are visible from North Cape Road contain a 3-foot band of
northern ash colored stone veneer wainscoting with the upper portion of the walls being an ash
gray metal panel wall, and
WHEREAS, The elevations that face away or are not visible from the roadway contain no
masonry with all metal panel walls, and
WHEREAS, The overhead doors, roof and building trim is proposed as a matte black finish, and
WHEREAS, The most prominent elevation would be the west side of building 2, which has been
proposed with approximately 27 percent masonry, and
WHEREAS, Due to elevation changes, the plans show that part of a foundation wall is exposed
on the west side of building 2 and the north side of building 1, and
WHEREAS, Architectural features are also important and the Durham Hill South Design Guide
notes that the buildings shall be constructed to be harmonious with their natural and built
surroundings while avoiding repetition and monotony, and
WHEREAS, On the most prominent building side (west side of building 2), the wall is
approximately 270 feet in length with three cupulas and four windows and small overhangs, or
eaves that are proposed on all four sides of the building, and
WHEREAS, The proposed buildings will have a minimum of 25 feet between the buildings for
two-way drive aisles as well as emergency services, and
WHEREAS, There are not any striped parking stalls as there is typically no need for separate
parking at the facility, and
WHEREAS, The asphalt drive aisles/lot abut each of the storage buildings and includes a
mountable curb in the northeast corner of the lot near the storm water pond, and
WHEREAS, Metal decorative fencing is proposed on the north side of building 2 and on the south
side of the site at the entrance, and
WHEREAS, The metal fencing is not meant to be a full screen, but rather a security detail with an
aesthetically pleasing appearance, and
WHEREAS, There have not been any locations identified for a dumpster enclosure nor any place
for outdoor storage so if either are proposed in the future, Plan Commission approval is required,
and
WHEREAS, Landscaping has been proposed along North Cape Road mostly focused at the
corners of the west side of building 2 along North Cape Road and adjacent to the private drive on
the south side of the project, and
WHEREAS, The final landscape plan must be submitted for formal review by the City Forester
and Planning staff before building permits can be issued, and
WHEREAS, Outdoor wall -mounted lighting fixtures were included in the package and all appear
to be zero -degree tilt and full cut-off fixtures, per code requirements, and
WHEREAS, A final photometric plan and final lighting specs will need to be submitted prior to
obtaining permits, and
WHEREAS, Storm water management will be handled on -site and is subject to approval from
Engineering for stormwater, grading, utilities and drainage, and
WHEREAS, Future location of any mechanicals (i.e. transformers, meters, HVAC equipment,
etc.) must be reviewed and approved prior to building permits being issued as all exterior
mechanicals for the building/site must be fully screened.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and
Operation Plan and Conditional Use Grant for North Cape Real Estate, LLC. located on North
Cape Road (Tax Key No. 2259.981.002).
BE IT FURTHER RESOLVED, That the masonry band on all elevations with masonry must
be raised past the sill of the windows with that masonry height matching the remainder of
the buildings with masonry.
BE IT FURTHER RESOLVED, That any buildings with exposed foundation must have the
masonry band extend down to grade.
BE IT FURTHER RESOLVED, That additional landscaping must be shown on a landscaping
plan and approved by City staff prior to Building Permits being issued.
BE IT FURTHER RESOLVED, Separate sign permits will be required before any signage
(temporary or permanent) can be installed and this includes any signage on the building or
freestanding.
BE IT FURTHER RESOLVED, The concrete curb and gutter should be located on the western
and southern sides of the site and can be either vertical -face or mountable curb & gutter (if
needed for snow clearing needs).
BE IT FURTHER RESOLVED, The site plan is subject to Fire Department approvals before
Building Permits can be issued and possible changes to the site plan may be required based
upon the final Fire Department review.
BE IT FURTHER RESOLVED, The final landscape plan must be submitted for formal review
before building permits can be issued.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required
before the issuance of any permits as it relates to stormwater management review, grading, etc.
BE IT FURTHER RESOLVED, Any bollards, railings, ladders, louvers, vents, etc. must be painted
to match the colors of the principal structure.
BE IT FURTHER RESOLVED, No outdoor storage or overnight parking is allowed at any time on
site.
BE IT FURTHER RESOLVED, That all roof top and/or ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the
design of the site/structure (screening, etc.) and should be approved by the Planning Division
before the issuance of building permits.
BE IT FURTHER RESOLVED, A final photometric plan will need to be submitted prior to
obtaining permits and all lighting must be zero degree tilt and full cut-off and the concrete bases
for any pole lights cannot exceed 6 inches in height above grade.
BE IT FURTHER RESOLVED, The height of any light poles cannot exceed the greater of either
15 feet or the average wall/eve height of the building.
BE IT FURTHER RESOLVED, That an annual review will be required in March every year to
ensure all conditions of this approval are being met.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That 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 7, 2022
Denied:
Deferred:
Introduced: June 7, 2022
ATTEST: Adam Trzebiatowski, Planning Manager