CUG226 Muskego Storage 20240401226
Conditional Use Grant
4758703
Document Number
Document Title
REGISTER OF DEEDS
WAUKESHA COUNTY, WI
RECORDED ON
March 18 2024 12:02 PM
James R behrend
Register of Deeds
Please see attached
7 PGS
TOTAL FEE: 30.00
TRANS FEE:10.00
A parcel of land located in Section 5, Town 5 North,
Range 20 East, City of Muskego, Waukesha County, Wisconsin,
Tax Key No. 2177.933.002
Book Page
IVII'pfrdV'I'd ll!'M'Ylltl'm
Recording Area
Name and Return Address:
City of Muskego
Attn: Planning Department
P.O. Box 749
Muskego, WI 53150
2177.933.002
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. 226
Acceptance of Conditions of Conditional Use Grant.
THIS COVENANT, Made this q4A day of DtG , 2023
DOCUMENT NO.
SPACE RESERVED FOR RECORDING DATA
By Ryan Romboy of Muskego Storage Co., 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.
TAX KEY NO.
2177.933.002
The premises affected by these presents (hereinafter called the Premises) are RETURN TO:
the following described lands in Township 5 North. Range 20 East, in the County Attn: Planning Department
of Waukesha and State of Wisconsin, to -wit: City of Muskego
W182 S8200 Racine Ave
Muskego, WI 53150
A parcel of land located in the NE 1/4 of Section 5, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, known as Tax Key No. 2177.933.002.
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
226 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 an expansion to a mini -storage facility.
In Witness Whereof, Grantors have hereunto set their hands and seals this 0L '_HK day of b C C_ 2023.
SIGNED AND SEALED IN PRESENCE OF _ --
l-----= --------------------------------------(SEAL)
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
(SEAL)
Ryan Romboy (print name)
STATE OF WISCONSIN)
)SS
WAUKESHA COUNTY) Personally came before me
this'A%y of 1 C (_ , 2023, the above named foregoing
12lcin Ro.v.bo,� to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
L, 1,42���
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11�1��
Notary Publi4 State of Wiscons����\\\q`
My Commission expires 1 D a P UBt"llllll
�c c
STATE OF WISCONSIN)
'20
WEED N�
cc
SS N\� `OF W��C
WAUKESHA COUNTY) Personally came before me
this day of 2023, 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 226
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 S66 W19526 Tans Drive in Township 5 North, Range 20 East, Waukesha County, State of Wisconsin,
further described as follows:
A parcel of land located in Section 5, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, Tax Key No 2177.933.002.
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 an
expansion to a mini -storage facility.
GRANTED by action of the Plan Commission of the City of Muskego the 7" day of February, 2023.
Attest: lRiard
WPetfalskit..
---------------------------(Seal)
--- -- -- - ------ ---------- Title Mayor
Kerri Roller (Mayor, President, Chairman)
Title Clerk
(City, Village, Town County) Clerk C
Original filed in the office of the Plan Commission of he City of Muskego.
Signed:
/9i9Ro�
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. 003-2023
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:
7. Conditions on the Buildings See attached Resolution #P.C. 003-2023
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. 003-2023
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 the Z- day of 1'Y�, 202�
---------
PHU", C-00c—
Note: Where the conditions are shown on maps, drawings, photographs, or similar attachments, Enter: "See Exhibit 11
RESOLUTION #P.C. 003-2023
APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AND
CONDITIONAL USE GRANT FOR MUSKEGO STORAGE CO.
LOCATED IN THE NE % OF SECTION 5
(TAX KEY NO. 2177.933.002 / VACANT — RACINE AVENUE)
WHEREAS, A submittal was received from Ryan Romboy of Muskego Storage Co for approval of a
Building, Site, and Operation Plan and Conditional Use Grant for an indoor mini -storage use within a
series of eight secure and fenced buildings located along Racine Avenue (Tax Key No. 2177.933.002),
and
WHEREAS, The property is zoned B-3 General Business District and the use is permitted within the B-3
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 eight (8) new self -storage buildings housing 204
new individual units of varying sizes totaling 48,353 square feet, and
WHEREAS, Operations for the storage facility will be handled from the existing office and storage facility
located immediately south of this proposed expansion which is under the same ownership, and
WHEREAS, A small office will be built with the new units with a single employee 20 — 30 hours per week
during normal business hours, and
WHEREAS, The mini storage units will be accessible from 24 hours per day via a key code specific to
each tenant, and
WHEREAS, This property is governed by the Racine Avenue Gateway Design Guide and the General
Design Guide, and
WHEREAS, The General Design guide requires 50 percent masonry and four-sided architecture, and
WHEREAS, The most prominent elevation would be the west side of building 7, which has been
proposed with approximately 69 percent masonry with the stone wainscoting covering approximately 8
feet of the western wall, and
WHEREAS, The three feet of masonry would be consistent on the north and south sides of the remaining
seven buildings with LP smartside cedar panels above the masonry, and
WHEREAS, The elevations that face away or are not visible from the roadway contain no masonry with all
LP smartside cedar panels, and
WHEREAS, The proposed buildings are clad with a beige brick, a lighter tone LP smartside vertical
panels and the roof would consist of a beige colored asphalt shingle, and
WHEREAS. The overhead doors would be colored a darker brown or bronze color, and
WHEREAS, Architectural features are also important and the Racine Avenue Gateway 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, The western side of building 7, which would face Racine Avenue has included two separate
bump -outs in the fagade extending out two feet with a dormer roof feature to eliminate the long
monotonous elevation, and
WHEREAS, The buildings would all have an overhang extending the roof a foot past the vertical wall and
each includes three cupulas, and
WHEREAS, The site has been designed to account for eight separate mini -storage unit buildings in a
parallel fashion such that there is 30-feet between the buildings for two-way drive aisles as well as
emergency services, and
WHEREAS, There are five new striped parking stalls located along east side of the site, and
WHEREAS, The paved lot/drive aisles abut each of the storage buildings and includes a concrete curb
and gutter surrounding the exterior of the site adjacent to open space, and
WHEREAS, The code requires the paved surface to be three feet from the property line and because this
site is shown as a seamless entry to the existing units/site, the petitioner will be combining the two
properties into a single property to alleviate the need for the three-foot separation of the paved surface to
the property lines, and
WHEREAS, As part of the proposed expansion the owner is proposing to modify the fenced area by the
main entry off of Tans Drive, per the submitted plans, by the existing buildings to facilitate vehicles
entering having a place off the road to queue and this also contains a possible future kiosk room for better
customer service, and
WHEREAS, Six-foot chain -link fencing is proposed extending from the north side of building 7 around the
paved area to the backside of building 14, which is the easternmost building and then from the southern
side of building 7 around the existing buildings to the entry, 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 on the north and southern sides of each of the eight new
storage buildings, 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 will be located on the outside of the storage units and
must be zero -degree tilt and full cut-off fixtures, as required by code, 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, The owner has noted that they plan to come forward at a future date to propose some
changes/upgrades to the existing storage buildings, 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 Muskego Storage Co. located on Racine Avenue (Tax Key No.
2177.933.002).
BE IT FURTHER RESOLVED, The properties must be combined prior to approval of any building permits
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 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, 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, No businesses can operate out of the storage units.
BE IT FURTHER RESOLVED, Any changes to any of the existing storage buildings on site or to the
existing storage site itself will require further staff review and proper Building Permits.
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: February 7, 2023
Denied:
Deferred:
Introduced: February 7, 2023
ATTEST: Adam Trzebiatowski, Planning Manager