CUG228 Hrin Rustic Structure 2024102111
228 Conditional Use Grant
4787914
REGISTER OF DEEDS
Document Number Document Title WAUKESHA COUNTY, WI
RECORDED ON
October 10, 2024 11:43 AM
James R Behrend
Register of Deeds
GS
Please see attached 7 TOTAL
FEE:$30.00
TRANS FEE:$0.00
A parcel of land located in Section 30, Town 5 North, Book Page -
Range 20 East, City of Muskego, Waukesha County, Wisconsin, 11�IIIIIIITax Key No. 2280.999.021 I
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2280.999.021
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. 228
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this _3b '�Iay of fern a wL , 2024
DOCUMENT NO.
THIS SPACE RESERVED FOR RECORDING DATA
By Bryon Hrin, 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.
2280.999.021
RETURN 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 30, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2280.999.021.
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
228 was issued under date of September 3, 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 an existing accessory structure to be deemed a Rustic Structure.
In Witness Whereof, Grantors have hereunto set their hands and seals this �)O-kr`dayyoof S 19.e —,
SIGNED AND SEALED IN PRESENCE OF ` e
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
AQL(kov 6mLt (SEAL)
----------- -- - - ---- --------------(SEAL)
Bryon Hrin (print name,
STATE OF WISCONSIN)
)SS
2024.
WAUKESHA COUNTY) Personally came before me
this' u day of 2024, the above named L ,"
I"') Fa* � ^ to me known to be the person qC
the or instrument and acknowledges;;duwAr.
-- - t -- - ---- s x} WENDY
F.
Notary Public —)State of Wiscon in 4 REDLUND
My Commission expires V )' —)1- !} ��j
Ilk
-------------------------------------------------(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 oft he 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 228
Sees. 62.23, 61.35, 60.74 and 59.97 Wis. Stars.
Before the Plan Commission of the City of Muskego, Waukesha County, Wisconsin, in regards to Premises
at S99 W20523 Parker Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 30, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2280.999.021.
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 an
existing accessory structure to be deemed a Rustic Structure.
GRANTED by action of the Plan Commission of the City of Muskego the Yd day of September, 2024.
Attest: ------------------------------- -- - - --------(Seal)
�1 n Richard Petfalski, Jr.
----' —` ----------—1-------- L----- Title Mayor
Kerri Roller (Mayor, President, Chairman)
Title Clerk
(City, Village, Town County) Clerk City
Original filed in the office of the Plan Com mission of th ity of Muskego.
Signed:
f iqa-,
The CONDITIONS of this Grant are:
I. 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.
I 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. 053-2024
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. 053-2024
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. 053-2024
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
a
petitioner acknowledged the day of dcTol3 L_,_ 2024.
----------------- -------- -------- --------
-------------------
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #PC 053-2024
RE -APPROVAL OF A RUSTIC STRUCTURE CONDITIONAL USE GRANT FOR THE HRIN PROPERTY
LOCATED IN THE SE Y4 OF SECTION 30
(S99 W20523 PARKER DRIVE / TAX KEY NO. 2280.999.021)
WHEREAS, A petition was received for a Rustic Structure Conditional Use Grant designation for two
outbuildings located on the Hrin property at S99 W20523 Parker Drive / Tax Key No. 2280.999.021, and
WHEREAS, The property is zoned RCE Country Estate District, and the Plan Commission needs to determine
if the outbuildings should receive Rustic Structure designations as permitted by Conditional Use Grant, and
WHEREAS, For the purposes of this Resolution (PC 053-2024), Exhibit A illustrates and labels the buildings,
and
WHEREAS, On February 27, 2024, Bryon Hrin sued the City of Muskego Plan Commission in Waukesha
County Circuit Court, Case No. 2024-CV-000331, alleging that the process used by the Plan Commission in
reviewing and rejecting the Conditional Use Grant application, in the manner Bryon Hrin proposed, were
unreasonable and based on an incorrect theory of law, and requesting the court make such a finding and grant
appropriate relief to Bryon Hrin, and
WHEREAS, The Conditional Use Grant was later approved by the Plan Commission, under certain conditions,
on March 5, 2024 via Resolution PC 033-2023 and this Resolution (PC 053-2024) supersedes all conditions of
the original approval, and
WHEREAS, This court matter has taken up a lot of time and expenses on both sides with no predictable
outcome insight as both parties are confident that they will prevail respectively, and
WHEREAS, As a means of compromise and to avoid the future costs of litigation, as well as the uncertainties
of the judicial outcome, the parties met on July 8, 2024 and reached an agreement to settle the court matter,
and
WHEREAS, The terms of the Settlement Agreement include the following conditions with regard to the Hrin
properties that are the subject matter of the Conditional Use Grant application and corresponding lawsuit:
1. Within six (6) months of the approval of the Settlement Agreement the property owner must submit a
Razing Permit for Buildings 5, 6, 7 and the small not numbered building labeled "Shed",
2. Within two (2) years of the approval of the Settlement Agreement the property owner must raze
Buildings 5, 6, 7 and the small not numbered building labeled "Shed" and restore the property,
3. Building Permits for the restoration of Building 3 and a Razing Permit for Building 4 must be submitted
prior to February 1, 2029,
4. Building 4 must be razed and the site restored not later than July 31, 2029,
5. Building 3 must be restored to match aesthetics, colors and materials of the remainder of the building
not later than July 31, 2029,
6. The property owner must transfer 13,000 square feet of land from the lot 2280.999.023 to
2280.999.021 via quit claim deed.
THEREFORE BE IT RESOLVED, That the Plan Commission re -approves of a Conditional Use Grant for a
Rustic Structure, subject to the conditions noted above and in the Settlement Agreement, for the building
identified as Building 4 on the exhibit on the Hrin property at S99 W20523 Parker Drive / Tax Key No.
2280.999.021.
BE IT FURTHER RESOLVED, That no commercial/business use or storage is allowed within any of the
accessory structures on the property, whether Rustic Structure designations have been granted or not.
BE IT FURTHER RESOLVED, That at the call of the Planning Department, the operations subject to this
Conditional Use Grant may be subject to further review by the Plan Commission if the building is not properly
maintained and kept up, and any future operations which are deemed to be inconsistent with this approving
resolution may be subject to further conditions by the Plan Commission.
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: September 3, 2024
Defeated:
Deferred:
Introduced: September 3, 2024
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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EXHIBIT A
siaOS
n
o
0
Barn
Shed
1
Garage
656
sq. ft.
2
Eastern Barn
3,797
sq. ft.
3
Main Barn (east -west portion w/ silos)
5,640
sq. ft.
4
Main Barn (southern leg)
2,000
sq. ft.
5
Barn (southern addition)
583
sq. ft.
6
Shed
319
sq. ft.
7
Shed (not on CSM, measured with GIS)
120
sq. ft.
Well
0
She
222, 809Sj)
Total 13,115 sq. ft.