CUG229 Patterson AccommodationsforDisabled 20241022229 II Conditional Use Grant
Document Number II Document Title
Please see attached
A parcel of land located in Section 24, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2253.998.002
4787909
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
October 10, 2024 11:38 AM
James R Behrend
Register of Deeds
6 PGS
TOTAL FEE:$30.00
TRANS FEE: 0.00
Book Page
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2253.998.002
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 2196
Relates to
No. CUG 2 (1967) Conditional Use Grant Grant No. 229
DOCUMENT NO.
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT Made this
11 day of ®(.Tu �. rr-a— , 2024
By Rita Patterson, 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:
SPACE RESERVED FOR RECORDING DATA
TAX KEY NO.
2253.998.002
RETURN TO:
Attn: Planning Department
City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE '/4 of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2253.998.002.
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
229 was issued under date of October 1, 2024 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 handicap access ramp on the front of an existing home, which would
encroach approximately two (2) feet into the required front setback as a Reasonable Accommodation for the Disabled.
�cL
In Witness Whereof, Grantors have hereunto set their hands and seals this day of 0 C�o 6e r- , 2024.
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
AID•-' p1w-L— (SEAL)
---------------------------r�,---------- (SEAL)
Rita Patterson (print name)
STATE OF WISCONSIN)
)SS
WAUKEESHA COUNTY) Personally came before me
thisa' day of 0 Or , 2024, the above named for
V-1-6- PcA lie6o,ito me known to be the persons w �cFt10 �IH1
the foregoing instrument and acknowledged t
2 '
LA Q
Pr CA I uL KA-- $ WENDY
Notary Public tote of Wiscons' %
FREDLUND
My Commission expires o
1,lFOF WISG��
-------------------------------------------------(SEAL)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this day of 2024, 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 oft he 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 229
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 S86 W13803 Priegel Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 24, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2253.998.002.
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 a
handicap access ramp on the front of an existing home, which would encroach approximately two (2)
feet into the required front setback as a Reasonable Accommodation for the Disabled.
GRANTED by action of the Plan Commission of the City2kMukego the 1st day of October, 2024.
Attest: --- ----- (Seal)
----------Z
-----------------------
Richar etfalsk
--6-JA---------------- ---- ------ Title Mayor
Kerri Roller (Mayor, President, Chairman)
Title Clerk
(City, Village, Town County) Clerk C
Original filed in the office of the Plan Co7�-
iion of the City of Muskego.
Signed: v�
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. 054-2024
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. 054-2024
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. 054-2024
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 they o �au�a� 2024.
----------------- - ------------------------------------------
f�gdz—
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 054-2024
APPROVAL OF A CONDITIONAL USE GRANT FOR THE PATTERSON PROPERTY
LOCATED IN THE NE % OF SECTION 24
(S86 W13803 PRIEGEL DRIVE / TAX KEY NO. 2253.998.002)
WHEREAS, Plans were submitted by Rita Patterson, for a Conditional Use Grant (CUG) for the
allowance of a wheelchair ramp into the front setback under the "Reasonable Accommodations
for the Disabled" provision of the Zoning Code at the property located at S86 W13803 Priegel
Drive / Tax Key No. 2253.998.002, and
WHEREAS, Said property is currently zoned RC-2 Country Residence District, and said
accommodation is a permitted use by Conditional Use Grant, and
WHEREAS, 400-159 (G) governs "Reasonable Accommodations for the Disabled" and that
section can allow waivers to a dimensional zoning regulation to be granted through a Conditional
Use Grant to offer reasonable accommodations for a person with disabilities, and
WHEREAS, The applicant has stated that they have medical issues that require the use of a
wheelchair and access to the outside is difficult due to the steps to get from the doorway to grade,
and
WHEREAS, A permit was recently obtained for a deck in the front of the home that included a
three-foot by three-foot bump out for the wheelchair ramp to connect to the deck, and
WHEREAS, The deck is five -feet wide from the front of the home along with the three-foot by
three-foot bump out extending eight feet from the front of the home, and
WHEREAS, The bump -out of the deck that was approved will be 40.1 feet from the front property
line meeting the required 40-foot setback, and
WHEREAS, The ramp from the deck, extending in a straight line to a sidewalk and driveway, will
encroach into the setback by approximately two feet due to the position of the home, and
WHEREAS, The bump -out of the deck was positioned at the furthest east end of the deck to allow
for the ramp to extend parallel to the house extending to the driveway providing the needed pitch
of the ramp, and
WHEREAS, The petitioners reviewed other options and the only other option to have a ramp
installed without the CUG which would be in the garage but that option was not feasible.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for Reasonable Accommodations for the Disabled for a wheelchair ramp to be built within
the front setback at the property located at S86 W13803 Priegel Drive / Tax Key No.
2253.998.002.
BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the
medical need for the ramp ceases, then the ramp must be removed at that time and the
conditional use grant would be removed.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development 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: October 1, 2024
Defeated:
Deferred:
Introduced: October 1, 2024
ATTEST: Adam Trzebiatowski AICP, Planning Manager